Omaha Bar Association
Newsletter
Vol. XLVII No. 1 Law Day 2022
Community Service Education Leadership | Stronger Together Since 1875
LAW DAY 2022
Elliot Henkel, Anchor Pointe Elementary Winner of 5th Grade Poster Contest
Celebrating the Rule of Law Page 2…Executive Director’s Column Page 3…President’s Message Page 4…OBA News Bites Page 5 …Join OBA Lawyer Referral Page 6-7…Smith Camp Award Page 8…Nominations for Leadership
Page 9…5th Grade Poster Contest Page 10…8th Grade Essay Contest Page 11…Rule of Law Explained Page 12…Award for DC Law Library Page 13…Upcoming Events Page 14-15…Spire Awards: Scott Paul & Steve Sieberson
Connect with the OBA ONLINE AT
www.omahabarassociation.com Facebook: OmahaBarAssociation Twitter: OmahaBar Instagram: OmahaBar YouTube: OmahaBarAssociation SoundCloud: OmahaBar
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Executive Director’s Column The other day, in speaking with Doug Law, past OBA President and also co-chair of the Law Day Committee, he joked, “Look at what happens to the world in a couple years when we don’t have Law Day in person?” I laughed and so did Doug, but then the smiles disappeared as he said earnestly, “You know, Law Day was established back in the late 50’s to counter the spread of communism and Soviet propaganda that claimed the U.S. democratic system of government and law was inferior to the Eastern Bloc’s system of rule. There’s something to be said about how we are seeing a similar dynamic play out right now in Ukraine.” As usual, Doug was 100% correct. And it bears sharing with others: Law Day’s celebration of the Rule of Law isn’t just some antiquated idea that should have been shuttered at the end of the Cold War. Concepts like (1) nobody is above the law, (2) our Constitution protects the freedoms and liberties of its people, (3) we adhere to the democratic process of selecting our legislative and executive leaders, and (4) our government being built around 3 co-equal branches with built in checks and balances – these concepts are (in part) what makes our country a strong leader and example to others in the world. Do many authoritarian leaders and despots around the world turn their nose up at the concept of Rule of Law, seeing it as antithetical to their systems of governing and power? You bet they do. And that right there shows why what we do with Law Day is so important. Law Day is my favorite event we do each year, in large part due to the outpouring of support and collaboration from others in our legal community. Putting on the Law Day Lunch and our surrounding events is truly a group effort, and I’d like to thank those who helped out. Thank you to our Law Day Committee members: Sandi Armstrong, Andria Bell, Kim Brown, Kamron Hasan, Lynda Henningsen, Jamie Hermanson, Doug Law, John Menicucci, Ann
Miller, Linda Plazcek, Amber Roberts, Jean Roeder, Larry Roland, Scott Stewart, and Tom Tilden. Thank you to Nebraska Paralegal Association for sponsoring the 5th Grade Poster Contest, and to Jeff Leuschen for his help in judging the 8th Grade Essay Contest. Thank you to Ann Borer, Amy Longo, and Jennifer Petersen for their introductions of award recipients at the Law Day Lunch. Thank you to our award recipients: Sean Conway, Deb Gilg, Mallory Hughes, J. Scott Paul, Steve Ranum, and Steve Sieberson. Thank you to all the 5th and 8th grade teachers who taught their students about Law Day, and encouraged them to submit posters and essays. Thank you to Lynda Henningsen, Lynda Placzek, and Scott Stewart for their continuing efforts with the Lawyers in the Classroom/Books for Laurie initiative, and thank you to NEPA and Inns of Court for their generous donations towards that effort to get books into 5th grade classrooms. Thank you to our special guest speaker at the Law Day Lunch, 8th Grade Social Studies teacher, Rebecca Begley. Thank you to The Daily Record for their special Law Day edition of their newspaper. And finally, thank you to all of you, for all the good work you do in the community every single day. What attorneys, judges, and all of the legal community does is important for our country and its people – you should all be proud.
Dave Sommers, OBA Executive Director
3 President’s Message The theme of this year’s Law Day is “Toward a More Perfect Union: The Constitution in Times of Change.” Since the Constitution’s drafting in 1787 and ratification a year later, politicians and citizens have consistently been in pursuit of a more perfect union. Despite being the world’s longest-surviving written constitution, it hasn’t remained the same over time. In fact, The Constitution has been amended 27 times, most recently in 1992, and there have been over 11,000 amendments proposed since 1789. The Founding Fathers intended the Constitution to be flexible, anticipating the changing needs and circumstances of the country. According to Virginia delegate Edmund Randolph, one of the five men tasked with drafting the Constitution, the goal was to “insert essential principles only, lest the operations of government should be clogged by rendering those provisions permanent and unalterable, which ought to be accommodated to times and events.” The Constitution provides a blueprint for government, establishing three distinct and separate branches of government. It also delegates power, articulates rights, and offers mechanisms for change. It is neither perfect nor exhaustive, as our nation’s history makes clear. Legislation, court rulings, amendments, and “we the people” have demonstrated the inherent flexibility of the Constitution over time to make the “more perfect Union” more real. As time marches on, leaders and everyday citizens raise their voices as loud as ever to fulfill the promise of the Constitution. Defining and refining those words of the Constitution might be our oldest national tradition, and how each of us works—together —toward a more perfect Union.
Hon. Stephanie Hansen, President Omaha Bar Association stephanie.hansen@nebraska.gov
3 Attorneys Recieve Ellick Award The Omaha Bar Association congratulates Sean Conway, Mallory Hughes, and Steve Ranum for being the 2022 Alfred G. Ellick Lawyer Referral Service Award recipients. The Ellick Award recipients are recognized for their 10 years of membership in the Omaha Lawyer Referral Service. The Award’s namesake, Al Ellick, founded the Omaha Lawyer Referral Service (along with the Nebraska Legal Aid Society) in 1962, his year as President of the Omaha Bar Association. The bedrock principles of the Service at its founding – high quality service, vetted attorneys, and low cost consultations rates for the public—continue to today. To date, over 133 attorneys have received this Award, showing a longstanding dedication to the program and public service by members of the OBA. Sean is at Dornan Law Team, where he practices Personal Injury, Criminal Defense, and Civil Litigation. Mallory is at Berry Law, where she does Criminal Defense. Steve is at Croker Huck, where he practices Litigation and Please join us in congratulating Sean, Mallory, and Steve…and thanking them for their service!
Sean Conway
Mallory Hughes
Steve Ranum
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OBA News Bites: News You Can Chew Omaha Law Day Mock Trial Looking at 2023 In 2022, for the 3rd year in a row, we weren’t able to do a Mock Trial for 4th and 5th graders down at the Hruska Federal Courthouse. In normal years, we convince a couple of attorneys to play the roles as counsel (Don Kleine as a stalwart participant, and Joe Bradley as a more recent and dare we say dramatic addition), to square off in a trial along the lines of Humpty Dumpty v. The King and His Men, or Big Bad Wolf v. Three Little Pigs. We’ve been lucky in previous years to enlist Judge Lyle Strom and more recently Judge Mike Nelson to serve as judge for the trial, and The Rose Theatre has graciously sent costumed characters to fill out the scene. All that effort pays off when the students engage with the trial, and then play jury members to come up with decision on the case. We look forward to bringing back this feel good event in 2023…knock on wood! OBA’s Top Brass Goes to Chicago for Bar Leadership Conference In March, OBA President Hon. Stephanie Hansen, OBA President-Elect Ken Wentz, and OBA Executive Director Dave Sommers traveled to Chicago for the annual nationwide conference for bar association leaders – the American Bar Association’s Bar Leadership Institute. The three day conference is a crash course in leading one’s bar association, combined with deep strategic planning workshops and communications training. In addition to attending seminars, the OBA team broke bread with NSBA President Bill Mueller, NSBA President-Elect (and former OBA Executive Council Member) Jason Grams, and NSBA Executive Director Liz Neeley, took in a show at Second City, and generated about half a binder of great ideas for how to continue to make the OBA the best it can be for its members.
Omaha Area “Attorney and Author” Community Continues to Grow Are you looking for a few books to put on your summer reading list, to take to the pool, the beach, and generally outside? Well, it appears the local attorney community has you covered with a variety of books to satisfy any reader in our membership. Earlier this Spring, Joe Bradley released Luftballons, a book co-written during the pandemic with his cousin Olivia under the nom de plume C.J. Jolie. Described as a “science fiction teen book set in a futuristic Washington, D.C.,” this page turner doesn’t disappoint. For those interested in books written by past Omaha Barristers’ Club Presidents, you also have Sarpy County Public Defender John Hascall’s Level 1: Rise of Gamer. Here’s the teaser from the book page: “Dean Francis, 15-year-old Nintendo prodigy, receives the opportunity of a lifetime: To play in a mysterious tournament to win $100,000. He’ll have to use all of his gaming knowledge to solve clues leading to the details of the competition.” If you enjoyed the films Ready Player One and The Wizard, this book is for you. If you’re not really into video games, find someone 3545 years old in your life who does, and buy them this book. Local Kutak Rock attorney Jay Jackson has a book coming out that looks to be a great read, entitled “Decent Discourse: saving your country by loving your (wrong?) neighbor. 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.” Sign us up! (Random Thought: Maybe the OBA can turn a book reading into a CLE? We’re always looking for more CLE!) And since this is the Law Day edition of the OBA Newsletter, and since we are recognizing Creighton Law Professor Steve Sieberson with our Spire Public Service Award, we’d be remiss not to mention Steve’s two lighthearted travel adventures, The Naked Mountaineer (2014), and Low Mountains or High Tea: Misadventures in Britain’s National Parks (2019). And rumor has it he’s got a new one coming out soon!
5 OFFICERS HON. STEPHANIE R. HANSEN President KENNETH W. WENTZ III President Elect
OMAHA BAR ASSOCIATION 2133 California ● Omaha, Nebraska 68178 www.omahabarassociation.com
JOSEPH L. HOWARD Secretary ANDREW J. WILSON Treasurer ANGELA M. LENNON Treasurer Elect
DAVID J. KOUKOL Immediate Past President MOLLY J. STEINKEMPER Immediate Past Treasurer EXECUTIVE COUNCIL Dwyer Arce Ann C. Miller Kamron T. Hasan Katherine A. McNamara Catherine E. French McGill Kathleen S. Pallesen EXECUTIVE DIRECTOR Dave Sommers, Esq. P: 402-280-3607 F: 402-280-3608 dave@omahabarassociation.com
April 1, 2022 RE:
Omaha Bar Association Lawyer Referral Service
Dear Omaha Bar Member: I write to encourage you to join the OBA’s Lawyer Referral Service (“LRS”) membership for 2022-23. The LRS serves the public by connecting them with high-quality attorneys; the program’s continued success is because individuals like you choose to participate. I’m proud to state that the LRS remains strong in its 60th year of operation, continually staffed by an OBA employee. Viable client calls and emails into LRS remain constant, as do reports of significant attorneys fees from LRS cases. The LRS is making its annual effort to enroll Omaha area attorneys for the upcoming year, April 2021-March 2022. The LRS is open and available to OBA members and non-member attorneys. Through your membership on the LRS panel, you can provide a public service while gaining the opportunity to originate new clients and business. Lawyers who participate in the LRS program charge normal billing and service rates for work that is referred to them by the LRS, with the exception of a nominal fee ($40) charged for the initial consultation of up to 30 minutes. Often, LRS clients have never utilized the professional services of a lawyer before, and as a result, you may be able to meet a new client’s immediate needs and develop a long-term relationship. Many LRS panel members report that LRS referrals have turned into regular clients. Also, unlike several other referral services, the OBA LRS does not require a percentage fee be paid back to the program for the referral. The LRS contact information is available to the public on the OBA’s website, and on the OBA LRS separate website. In addition, LRS undertakes an aggressive annual advertising program to make the public aware of its services. As an LRS panel member, you will benefit from that advertising. I hope you will become an OBA LRS member this year, For more information, please contact LRS Director Donna Birkby at 402-280-3606 or dbirkby@creighton.edu. Thanks in advance for your consideration. Sincerely,
Hon. Stephanie Hansen President Omaha Bar Association
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Laurie Smith Camp Integrityin Service Award Recipient: Deborah R. Gilg In late 2020, we lost a one of our very best – a trailblazer, a leader, a mentor, and a friend – Judge Laurie Smith Camp. Many attorneys reading this Newsletter have their own personal stories about meeting Laurie; she made it a point to meaningfully connect with as many attorneys as possible – young and old. Judge Smith Camp’s impact on the local legal community cannot be overstated. Her leadership, grace, and judicial philosophy have carved out a legacy that will not soon be forgotten. At the time of her passing, Laurie was the President of the Omaha Bar Association, a role she came into during the pandemic and one she was ready to take on to lead us toward safer times. If ever there was a leader to follow during difficult time, Judge Smith Camp was that person. In consultation with her children, Jonathan and Abby, the Omaha Bar Association has created the “Laurie Smith Camp Integrity in Service Award”, to be presented annually at our Law Day Lunch. Judge Smith Camp was a strong supporter of Law Day, rarely (if ever) missing the May 1st lunch, and serving as keynote speaker of the event in 2008. Always a champion for women’s rights, Judge Smith Camp made clear in her remarks that the Rule of Law is a large part of opportunity and equity for all, but only when coupled with an appreciation and empathy for our common humanity, and when we practice integrity in what we do. That’s the kind of person Laurie was – wherever she went and whatever she did, she left her mark. And through this Award, we hope to recognize those who, like Laurie, have left their mark in a positive way. The Award criteria are listed as: For outstanding contributions, above and beyond the call of duty related to (1) Advancing Diversity and Inclusion, (2) Improving Access to Justice, (3) Providing Pro Bono Service, (4) Mentoring of Others, (5) Advancing Innovation in the Legal Profession; and/or (6) Serving and Representing the Legal Community. Eligible award recipients are not limited to only attorneys, judges, or legal profession staff. In fact, it should be noted that the Award was given in 2021 to Judi gaiashkibos, Executive Director of the Nebraska Commission on Indian Affairs. Judi is not an attorney or legal professional, but whose impact can be felt both inside the legal community and outside in significant ways.
Earlier this Spring, the Past Presidents of the OBA convened a meeting, and unanimously selected Deb Gilg as the 2022 recipient of the Laurie Smith Camp Integrity in Service Award. We are honored to present her with this award at the OBA Law Day Lunch on May 2nd. Deb and Laurie were classmates at UNL College of Law, close friends, and trailblazers in the legal community. Laurie became the first female federal judge in the state of Nebraska in 2001, and in 2009, Deb was the first female U.S. Attorney for the District of Nebraska. Deb teaches Trial Advocacy at the Arizona State University Sandra Day O’Connor College of Law, and is the founder of Fearless, Fierce, and Forward, a company that helps provide women empowerment training in the areas of gender pay parity, negotiation skills, and professional development. Ms. Gilg is a past OBA Executive Council Member, past OBA Law Day Lunch speaker, a current board member of the National Association of Former United States Attorneys, and neutral arbitrator for FINRA. She is married to Dan Gilg, who is also an attorney in Omaha. After graduating law school, Deb and Dan moved to Western Nebraska, where Deb spent 9 years in private practice, and then was elected county attorney for Keith County, and subsequently reelected 3 times for a total of 16 years in the office. She was recognized for her expertise as a county prosecutor by appointment to serve as a special county attorney or special prosecutor for 21 counties in Nebraska. She also served as the President of the Nebraska County Attorney’s Association. After 25 years in Western Nebraska, Deb and Dan returned to Omaha, and Deb went into private practice with Monica Kruger and Anne Troia, but prosecutor appointments continued for Deb in Saunders and Douglas County. Several years into her Omaha practice, Deb was appointed as the U.S. Attorney for the District of Nebraska. In that role, oversaw approximately 26 Assistant U.S. Attorneys, approximately the same number of Special Assistant U.S. Attorneys, and 20 support staff for a full office (Omaha and Lincoln combined) size of 70 people. In speaking generally of the experience and the office,
7 (Gilg Continued) Deb recounts, “Absolutely wonderful people – career prosecutors that had been there and knew how the place ran. I really felt, coming in (an in general as a leader), that if it was running well, try not to mess with it and let the professionals do their job. In the case of the U.S. Attorney’s Office, they were doing an exceptional job.” One of the initiatives worked on during Deb’s tenure as U.S. Attorney was the Federal Task Force on Violence Against Native American Women, a group Deb chaired. The Task Force created four pilot projects around the nation, including one in Nebraska, where an Assistant U.S. Attorney worked on the reservations in the state, working to prosecute more domestic violence cases perpetrated against Native American women. This initiative stemmed from the fact that (1) Native American women are much more likely to be victims of domestic violence than any other group, and (2) so many of the cases of domestic violence on tribal lands never make it from law enforcement involvement to actual prosecution, due in large part to the close familial relations and network between the victim and perpetrator. The Task Force effort, with boots on the ground on the reservations, increased prosecutions by 43%.
[more than a good grade], was to get something out of it. There were some things I took that I got a lot of out but didn’t necessarily get a good grade.’ What a great perspective on those three stressful years. I share this idea with my law students every semester.” In discussing her philosophy on mentoring law students and attorneys, Deb says, “Mentorship is listening, maybe making a suggestion or two, and then seeing how they develop on their own with that support.” Deb admits excitement when hearing of the success of people she’s taught or counseled. “That’s the job of an educator, of a leader – to help others become the best person they can be.” Congratulations, Deb, on your well-deserved recognition through this Award!
Since retiring from the U.S. Attorney’s Office, Deb has focused on work that allows her to mentor and lead. Legal and medical professional association studies show that women are, on average, making 75% of their male counterparts, and Deb’s company Fearless, Fierce, and Forward is committed to helping professional women be better advocates for themselves. Deb’s work as an adjunct professor at ASU College of Law brings her in close contact with aspiring leaders and difference-makers in the legal profession, and she loves chatting with them and giving them advice as they make their way into law practice. In chatting about law school, Deb was asked to talk a bit about her classmate and friend Laurie Smith Camp, the namesake of the Award Deb is receiving. Deb recounted, “Laurie was dressed somewhat like a hippie, which may surprise some people. I remember her coming into Constitutional Law with a red bandana around her hair and her red hair kind of flying everywhere.” On her law school perspective, Deb added, “Laurie and I chatted many years after being in law school together, and she told me, ‘I didn’t care about what grade I got in the classes I chose to take. I took something because I thought I could get something out of it, and that’s what I wanted
Hon. Laurie Smith Camp
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NOMINATE SOMEONE (OR YOURSELF) FOR OBA LEADERSHIP Every interested OBA member (or their nominator) should fill out the application and forward it to the Omaha Bar Association office electronically (dave@omahabarassociation.com) by May 13, 2022. The applications will be kept strictly confidential and will be seen only by the President, the Executive Director and the Nominating Committee, which is composed of three past presidents. Self-nominations are allowed. YLD Nominations limited to (1) those under the age of 36, or (2) those with less than 5 years in law practice. TO:
OMAHA BAR ASSOCIATION NOMINATING COMMITTEE Confidential Application for OBA Officer/Executive Council Position and/or Young Lawyer Division Position _____ _____ _____ _____ _____ _____ _____ _____
OBA President-Elect (3 year commitment) OBA Secretary (1 year commitment) OBA Treasurer-Elect (3 year commitment) OBA Executive Council Member (3 year term) Young Lawyers Division Chair (2 year term) Young Lawyers Division Vice-Chair (2 year term) Young Lawyers Division Board (2 year term) OBA Committee Member (2 year term) (Various Committee Options)
Nominee’s Name: ________________________________________________________ Employer and Email: ______________________________________________________ Phone:
____________________________________________________________
Year of Graduation from Law School:
____________________________________
Years of Membership in OBA:
____________________________________
Present Activity in OBA:
________________________________________________
Past Activity in OBA:
________________________________________________
Areas for Improvement by OBA:
__________________________________________
NAME OF NOMINATOR (Self Nominations Allowed): _____________________ Email by May 13, 2022 to: dave@omahabarassociation.com
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5th Grade Law Day Poster Contest With over 50 submissions, 3 Omaha area 5th grade students are the winners of the OBA Law Day Poster Contest, coordinated by the Nebraska Paralegal Association. All 3 will be in attendance with their families and most of their teachers at the Law Day Lunch in Omaha this year. Amber Roberts from Nebraska Paralegal Association coordinated the Poster Contest for 5th grade students, with help from Andria Bell, Kim Brown, Amy Maduka, and Angel Younger. The first place poster, drawn by Elliot Henkel of Anchor Pointe Elementary (Teacher: Kathleen Cannon), is on display for the month on a billboard on the West side of 84th Street, visible as you go Southbound, just North of L St. Second place goes to Shreeya Allam of Black Elk Elementary (Teacher: Kelly Coleman), and third place was won by Isabella Nesselrotte. Bella is a 5th grade student at St. Bernadette Catholic School, in Larry Andersen’s classroom. First place wins Elliot $125 cash and a 1 year family membership to the Durham Museum. Second place wins Shreeya $100 cash, and Isabella recieves $75 for Third Place. Go to www.omahabarassociation.com/page/LawDay2022 to see all the posters submitted for the contest.
1st Place: Elliot Henkel, Anchor Pointe
2nd Place: Shreeya Allam, Black Elk Elementary
3rd Place: Isabella Nesselrotte, St. Bernadette
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8th Grade Essays Capture Importance of Rule of Law The Essay Contest was open to 8th graders in the Omaha metro area, and was coordinated by Scott Stewart and Dave Sommers. First place went to Maggie Novak of Cody Redford’s class at La Vista Middle School. Maggie’s essay discusses the 19th Amendment and how it changed the country. This is the second year in a row that a student from Mr. Redford’s class has won the Essay Contest. The 2nd place essay was written by Anuraag Ganti, of Peter Kiewit Middle School. Anuraag is in Rebecca Begley’s class, and coincidently, Ms. Begley is our Law Day Lunch speaker this year! Anuraag’s essay was about the passage of the 13th Amendment, ending slavery. The third place essay was written by Cooper Towles, also of Mr. Redford’s class at La Vista Middle School. In speaking with Mr. Redford, he said that he will be leaving 8th grade social studies teaching for AP Psychology next year, but has made sure to let the incoming teachers know about the contest in hopes that they will be a part of it next year. The first place winner recieves $175, second place $150, and third place $125 from the OBA. Additionally, the teachers of the winners recieve a $50 gift card. The winning essay by Maggie Novak: Toward a More Perfect Union: The Constitution in Times of Change Voting, the simple act of filling in a circle and the gigantic task of choosing the next president of the United States. Long ago and not so long ago the only people who could vote were wealthy, white, male property owners. There are several amendments related to voting but there is one in particular that caught my attention. The 19th amendment gives women the right to vote but the question is, was the amendment really necessary? On July 4, 1776, the Declaration of Independence was signed and it stated “all men are created equal,” but what it really meant was all people are equal and should have equal rights. The 19th amendment “extended the right of suffrage to women.” This was a great step forward for our country and led us to where we are today, continuing to progress and being more inclusive, but it did not ensure equality. Some people argue that the 19th amendment only enforces the idea that women weren’t included in the constitution and created more of a struggle. However, during the time before this amendment, women fought hard for the right to vote, they got arrested and experienced violence. The 19th amendment was a hard earned right and has improved the quality of our nation. With this amendment women felt more comfortable advocating for equal jobs, wages, opportunities, and rights. The 19th amendment gave women the right to vote. It paved the way for people like Ruth Bader Ginsburg and Kamala Harris to have a role in our country’s government. This amendment and the others related to voting opened up many opportunities for individuals to have a voice. The 19th amendment and similar laws help us appreciate the rights we have been given and the choices we get to make. (The 2nd and 3rd Place essays can be read at www.omahabarassociation.com by clicking on the Law Day banner at the top of the page.) A special thanks to Jeff Leuschen and his judging to select the winners.
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Rule of Law Explained What is the Rule of Law? The rule of law is a set of principles, or ideals, for ensuring an orderly and just society. Many countries throughout the world strive to uphold the rule of law where no one is above the law, everyone is treated equally under the law, everyone is held accountable to the same laws, there are clear and fair processes for enforcing laws, there is an independent judiciary, and human rights are guaranteed for all. Everyone contributes to the rule of law. We the people – individuals, institutions, and governments – all play a role in maintaining the rule of law. No country can maintain a rule of law society if its people do not respect the laws. Everyone must make a commitment to respect laws, legal authorities, legal signage and signals, and courts. Imagine if everyone in your community decided that they did not want to be bothered by traffic laws and signals, for example. The streets in your community would quickly become a chaotic and less safe place. Police officers might be overwhelmed trying to help the situation, or ignored altogether. The rule of law functions because most of us agree that it is important to follow laws every day. As a result, we teach about law in schools, talk about law, enjoy numerous courtroom dramas, and, accept law as a part of American culture. As Danish scholar Helle Porsdam has said, “Americans practically think and breathe in legal terms.” There is a long tradition of rule of law in the United States. Even before the United States was a nation, there was talk among colonists that laws should govern a new nation, not individuals, including kings or queens, as they’d seen in Britain and other countries. One colonist, Thomas Paine, produced a booklet in 1776 called Common Sense, and it became a bestseller by today’s standards. In it, he detailed how, “in America, law is king.” The Constitution is the foundation for law in the United States. It created a framework for American government, establishing three separate branches so that each branch would be independent and balanced among the others. The Legislative Branch—Congress—would make laws openly and transparently. The Executive Branch—the President, Cabinet, and other agencies—would enforce laws, consistently, and never place anyone above the law. The Judicial Branch—federal courts, including the U.S. Supreme Court—would interpret laws and resolve disputes independently and impartially. Rights are protected under the U.S. Constitution. The U.S. Constitution identifies certain individual rights, including rights to due process and a lawyer in court. The Constitution also limits the actions of the government, protecting everyone against an established state religion, a state-controlled press, unlawful searches, and cruel and unusual punishments. Under the rule of law, power is the sovereign will of the
people expressed as non-arbitrary laws that—theoretically, if not perfectly in practice— apply to everyone equally. This sovereign power also limits the exercise of governmental power so that it does not exceed the authority granted to it by the people. Judicial Independence An independent judiciary is necessary to ensure the rule of law is respected. Judicial independence means that judges are not subject to pressure and influence and are free to make impartial decisions based solely on fact and law. An independent judge can assure that your case will be decided according to the law and the facts¬ and not a shifting political climate. Judges interpret and apply the law to specific issues brought before them when two parties disagree and resolve disputes between people, companies, and units of government. Often, the judiciary is called on to uphold limitations on the government. The judiciary protects against abuses by the other branches of government. It protects minorities of all types from the majority and protects the right of people who cannot protect themselves. Everyone is Affected by the Work of the Courts. Even if you never go to court yourself, you are the beneficiary of an open and accessible court system on a daily basis. Employers must follow labor laws; drivers must obey traffic regulations; landlord cannot evict tenants without cause; supermarkets need to ensure that they are not selling customers rotten meat. If the court system lacked the capacity to enforce the laws regulating these behaviors, your daily life would potentially be a lot different. Retail and trade would grind to a halt if businesses could not rely on the courts for enforcement of their rights. In fact, businesses rely heavily on the courts to protect their contractual and property rights. If businesses cannot count on being able to resort to the courts when they need to, there can be no certainty that legal and contractual obligations will be carried out. The Role of Judges Even though judges work for the government, they are not law enforcement officers. Judges are not prosecutors and they do not arrest people or try to prove that they are guilty. Their role is to see that the rule of court procedures are followed by both sides without being influenced by public perception or their own personal views. Key to the rule of law, judges say, is a commitment to applying the law to everyone fairly. Other attributes include applying the law to government, not just individuals and entities; making the law clear and legal proceedings transparent; and balancing individual rights against the safety of others. “Your right to swing your fist stops just short of my nose,” 8th Circuit Court of Appeals Judge Duane Benton said. “And that’s what the rule of law is meant to do, is to find that boundary.”
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2022 OBA Public Service Award: Douglas County Law Library The Douglas County Law Library, formally known as The Honorable Michael W. Amdor Memorial Law Library, is this year’s recipient of the Omaha Bar Association Public Service Award for non-attorneys and/or non-attorney groups. Similar to the Spire Award, The award is presented to an individual or group who/ which have shown the following: (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. The Award has been given out each Law Day Lunch since 1983, except one year. The exact date of origin of the Douglas County Law Library is unclear, but an 1889 Omaha Daily Word is the first reference of the library that was found in a local newspaper search. When Creighton University opened in 1904, it entered into an agreement with the Omaha Bar Association to jointly support and run the Library. In 1911, Douglas County took over the running of the Law Library, and in 1979, the Library was moved into the Douglas County Courthouse. The Library is open to the public for to access case law, statutes, self-help forms, and the JUSTICE case system. Douglas County, in collaboration with the Omaha Bar Association, and Creighton Law School maintains the office and the collection and the Library is open to attorneys and the public. The namesake of the Library, Honorable Michael W. Amdor, served as a Judge of the District Court of the Fourth Judicial District of Nebraska from February of 1994 until his death on November 28, 2002. Judge Amdor was a dedicated legal scholar and supporter of the Law Library. The Douglas County Law Library provides essential services to the public and legal community on a daily basis, and has for over 110 years. (Author’s Note: it is unclear if access was provided to members of the public before the 1911 changeover to Douglas County.) Many thousands of members of the public utilize the Library’s space and resources a year, as do many local attorneys. The space has multiple computer terminals that offer
free WestLaw access for patrons, as well as access to JUSTICE. They have a copy machine available to make copies of pleadings, and sell self-help forms to members of the public in need of help with a legal matter. The history of the Law Library includes multiple locations and sizes to its facilities over the years (including one move out of the Courthouse to a building across the street), and a fight against shutting its doors in 1999/2000. In that situation, swift and creative action by the Douglas County Court administrator, Creighton Law Dean Borchers, some local proponents of the Law Library, and OBA leadership helped save the Library from being cut, and ensured its long-term viability. For his part in helping save the Library, Dean Borchers received the OBA Robert M. Spire Award in 2003. It should also be noted that former Law Library librarian Ann Borer was the 2009 Spire Public Service Award recipient for her work at the Library. The current Law Library librarian is Lynne Morton, who has worked as a librarian in the Library for 30 years. Lynne is the face of the Douglas Law Library, and works every day to help provide the public and attorneys with access to legal resources and materials. This Public Service Award in many ways is a testament to the important work Lynne does and has done for 30 years. Congratulations on the well-deserved recognition!
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Upcoming Events to Put on Your Calendar 16th Annual Creighton Law / OBA Seminar on Ethics and Professionalism The 2 hour free ethics seminar is online/On Demand only this year. We expect to upload the CLE video by June 3rd. As soon as it is live, the OBA will be emailing everyone letting them know…and will continue to send friendly reminders until the end of the year so nobody misses it! OBA Writing Institute (New/ Coming Soon) A new collaboration between Creighton School of Law and the OBA is planned this summer: the OBA “Writing Institute,” a series of 4 half-day CLE seminars on legal writing spread out over 6 months, starting in June. The inaugural year’s course will be limited to 25 students, coursework and programming will be overseen by Creighton Law Professors Dan Real and Kristy Coté, and numerous guest presenters (including national presenters), will be included in the curriculum. More information to be released soon. The Riverboat Cruise on the River City Star is Back After a flood and pandemic hiatus, the OBA Young Lawyers Division is bringing back the Riverboat Cruise on Thursday, June 2. There will be a reception on the landing, followed by a 90 minute cruise on the Missouri River from 7-8:30. Ticket prices are being finalized, and more information can be found on the OBA website.
4th Annual Diversity & Inclusion Summit On Tuesday, June 14th, the OBA and Nebraska Paralegal Association will be holding another half day seminar on Diversity and Inclusion. CLE will be approved in Nebraska and Iowa for this event. More information coming soon. Omaha Barristers Club Steak Fry on July 21 The semi-unofficial club of the young and funny lawyers in Omaha has set the date for this Summer’s Steak Fry. Note: the location has changed to the Hanscom Park Pavilion. Complaints about the location can be sent to Barristers President, Jordan Holst. Special thanks to The Daily Record for hosting this gathering that’s free for all attorneys, and a great opportunity to see a judge burn their eyebrows off while manning the grill.
Field Day at Field Club – July 25 Clear your calendar and dust of the clubs – you will be Out of Office on Monday, July 25th. Our annual “Hit and Giggle” scramble (as Tiger Woods calls it) has moved to the friendlier confines of the oldest golf club in Omaha. Get your foursome together early, and be ready to compete for the champions belt…along with other various shenanigans.
50th Annual Fall Kickoff with FNBO – September 8th We haven’t hit summer yet, but we’re already letting you know about the Fall Kickoff. Why? 2022 will mark the 50th Annual Fall Kickoff with First National Bank (now FNBO). Some may ask: didn’t we already have the 50th? While we did say the 50th was a couple of years ago, the historians have now verified that we jumped the gun a bit, and that 2022 is the actual 50th year of the Kickoff. Why is 50 years so important? Because it’s cause for a celebration, and our host and sponsor FNBO knows how to throw a party! OBA’s “Bar Talk” Interview Series Sits Down with Omaha Legal Community Legends Starting in March and running until we run out of subjects, the OBA will be turning our “Bar Talk” chat series towards sitting down with the older members of our community, getting their histories and stories, and thoughts on the changes in the practice of law. Our goal is to release approximately 2 interviews a month, both in video form (on the OBA website and social media) and in podcast form. Thus far, we’ve talked with Bob Freeman (Fraser Stryker), Woody Bradford (Houghton Bradford Whitted), Chuck Sederstrom (Erickson Sederstrom), and Carr Heaney (Lamson Dugan). If you have an idea for who we should interview, please email Dave Sommers at dave@ omahabarassociation.com. And if you’d like to do the interview yourself, we’d be happy to be there to man the camera and microphone to capture the chat!
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2022 Robert M. Spire Public Service Award Recipients: The 2022 Robert M. Spire Award is being presented to two very worthy recipients: J. Scott Paul of McGrath North and Steve Sieberson of Creighton School of Law. The Award is presented to individual attorneys or attorney groups who/which have shown the following: (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. The Award is named after Bob Spire, an attorney who dedicated his career to public service, past OBA President, and who was instrumental in the creation of the Legal Aid of Society of Nebraska. Scott Paul and Steve Sieberson have worked together to bring OBA members the annual Creighton School of Law/Omaha Bar Association Seminar on Ethics and Professionalism, a Seminar which started in 2007, and which has been a great collaboration between Creighton Law School and the OBA to bring two hours of free ethics CLE credit to OBA members each year. In 2007, in the year of his OBA presidency, Scott Paul worked to begin the event with the help of then Creighton Law Dean Patrick Borchers, and then fairly new professor Steve Sieberson. In 14 of the past 16 years, both Scott and Steve have presented at the event, with Scott presenting each and every year since the event’s inception. From the early years of being held in the “spaceship” classroom at Creighton Law, to its expansion to many hundreds of attorneys in person at Creighton’s Harper Center auditorium, to the past few years online during the pandemic, the “Creighton/ OBA Ethics CLE” has stood the test of time, providing an estimated 10,000 hours of free ethics CLE to local area attorneys. About Steve Sieberson: Born and raised in a small Dutch Calvinist town in Northwest Iowa, Steve got his undergraduate education in Michigan, and then
spent a year as a VISTA (now called AmeriCorps) volunteer in a small town in southern Texas, on the Mexican border. It was in that position, as a newly minted college graduate helping impoverished Mexican immigrants, that Steve was inspired to go to law school, in part due to his interaction with local Legal Aid attorneys from El Paso. Upon completion of law school at the University of Iowa, Steve clerked for a federal judge in Seattle, and then began corporate practice at a large firm in Seattle. After a few years of practice, Steve took a job as legal counsel for a bank in the Netherlands, but after two years he was back in Seattle, due in large part for his love for the Pacific Northwest. During his 25 years in private practice, he gave a lot of presentations, and quickly took on adjunct teaching positions at various law schools, both in the US and also abroad. “I kind of got hooked on teaching,” said Steve. “Somewhere around 25 years into my law practice, I realized I was more excited to go out to teach my class at the University of Washington Law School than going into my law office. That’s not the easiest switch for someone in their 50s.” It was then that he dropped out of law practice and took a Fulbright Scholarship opportunity to teach law in Slovakia. While putting out feelers to U.S. law schools about teaching but “out of the blue” – as Steve puts it – he received an email from Creighton Law Dean Pat Borchers offering him a 1 year visiting professor position at Creighton Law. Having little knowledge of the school, Steve jumped at the chance. In Summer 2005 and all of the 2005-2006 academic year, Steve taught at Creighton, and only then applying for a full time position. Says Pat Borchers about the hiring story of Steve Sieberson: “We were in a pinch, and needed someone quickly, and hired Steve for a year. As it turns out, Creighton is extremely fortunate, because Steve is an excellent educator and teacher.” Now in his 17th year of teaching at Creighton, Steve says, “It’s a dream job. I just love it. It’s the coolest job possible for a lawyer, as far as I’m concerned.”
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Scott Paul & Steve Sieberson In speaking with Scott Paul about Steve, Scott mentioned the formidable role given to Steve for the Ethics Seminar: speaking first, and talking in depth about the black letter law of ethics. It’s not an easy task, Scott said, but Steve does it very well. OBA Executive Director Dave Sommers, who has worked with Steve for 10 years on the Seminar, said, “Over the years of working with Steve, it’s become clear to me what a great teacher of Ethics and Professionalism he is, but also what a kind and thoughtful person he is too.” Sommers continues, “But what really threw me for a loop is what a great writer Steve is, with his two books on mountain hiking. The books are really entertaining and funny, told in a great voice. He’s a renaissance man, Steve Sieberson.” About Scott Paul: While born in Cheyenne, Wyoming, Scott was raised in Davenport and Dubuque, Iowa. From an early age, it appeared the legal profession would be in his future. “When I was a kid, my parents told me I should be a lawyer because I would always plead my case when being disciplined, albeit largely unsuccessful in that pleading,” Scott remembers. Later on, as an undergraduate at the University of Iowa, Scott was elected to the Student Senate, and that’s where his interest in legal matters really took off. Soon he was taking as many undergraduate law courses as he could, and preparing to go to law school right away after college. At Creighton Law School, Scott already had a focus on his future career. “I knew I wanted to be a litigator and be in the courtroom. So I geared my classes in law school towards that.” In law school, Scott worked first at the Creighton Law Library, then at Morsman, Fike, Davis & Schumacher, and by his third year, he was clerking and had a job lined up as an associate at Boland, Mullin & Walsh, a 6 man boutique litigation law firm. As a new attorney, Scott credits his mentors at the firm, Terry O’Hare, Jim Pugh, and Bob Mullin, Jr., as helping him hone is craft and become the attorney he is today. In 1988, Scott’s firm merged with McGrath North, where Scott continues to practice to this day.
Scott served as OBA President in 2006-2007, and during that year established the Creighton / OBA Ethics Seminar. From humble beginnings in the “spaceship” classroom at Creighton Law, the Seminar has taken place in the 500 seat Hixson-Lied Auditorium in more recent years, with few extra seats available. Says OBA Executive Director Sommers: “Scott has shown me time and time again what cool, calm, and collected looks like, and worked incredibly hard to build the Ethics Seminar into a cornerstone event of the OBA. It has been an honor to work with such a steadfast bar leader.” In 2018, Scott ascended to the Nebraska State Bar Association Presidency, where he helped implement the Health Insurance Consortium with NSBA Executive Director Liz Neeley, and assess and negotiate the NSBA’s ongoing lease in the NSBA Foundation building. Scott the fiduciary, watching the budget, thinking strategically, left the state bar in better stead than when he started. While still an active litigator, more and more of Scott’s time in practice is connected to his role as outside general counsel for the Omaha Airport Authority. Talking about local practice versus practicing in other jurisdictions, Scott said, “I’ve practiced all over the country, and our judges in Nebraska – state court in particular – are as good as any judges in the country.” Congratulations to Steve Sieberson and Scott Paul, the 2022 Robert M. Spire Public Service Award recipients, and thank you for all you do for the OBA! Thank you to the following who have presented at the Ethics Seminars over these 16 years: Patrick Borchers, Rick Allan, Hon. Laurie Smith Camp, Dennis Carlson, Thomas Hoarty, James Schaefer, Palma Strand, Terry Grennan, Nick Critelli, Jr., Hon. Mark Cady, Hon. Michael Heavican, Hon. William Riley, Stu Dornan, Craig Martin, Greg O’Meara, Dennis Carlson, Doug Richmond, Hon. John Gerrard, Ron Krause, Hon. Francie Riedmann, Craig Dallon, Mark Weber, Kendra Fershée, and Chris Aupperle
Omaha Bar Association
PRSRT STD U.S. POSTAGE PAID OMAHA, NE PERMIT NO. 1025
NEWSLETTER
Omaha Bar Association 2133 California Street Omaha, Nebraska 68178
Omaha Bar Association Newsletter
Managing Editors:
May
Stephen M. Bruckner Dave Sommers
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Contributors: The American Bar Association Donna Birkby Ann Borer Hon. Stephanie Hansen Dave Sommers
Photographers: Dave Sommers
Design by: Dave Sommers
Printed by: Elman & Co.
CALENDAR
Friday
OBA Memorial Service Omaha-Douglas Legislative Chambers
June 2 Thursday Riverboat Cruise River City Star Landing 3 Friday Ethics CLE Seminar Available Online In On Demand format 14
Tuesday
4th Annual Diversity & Inclusion Summit Scott Conference Center
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Thursday
Barristers Club Steak Fry Hanscom Park Pavilion
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Monday
OBA Field Day Field Club of Omaha
July
September 8
Thursday
50th Annual Fall Kickoff w/FNBO
Please check the calendar on the OBA’s Website for more details on upcoming scheduled events. Copyright © 2022 by Omaha Bar Association