Omaha Bar Association
Newsletter
Vol. XLVI No. 2 March 2021
Community Service Education Leadership | Stronger Together Since 1875
LAW DAY 2021
Calvin Luett, Anchor Pointe Elementary Winner of 5th Grade Poster Contest
Celebrating the Rule of Law in Our Country Page 2…President’s Message Page 3…Ellick Award Recipients Page 4…Executive Director’s Column Page 5 …OBA Book Club Surprise Page 6…TopGolf Event and Tech CLE Page 7…Upcoming OBA Events Page 8…On the Move & Milestones Page 9…Smith Camp Award Page 11…Lawyers in the Classroom
Page 13…5th Grade Poster Contest Page 14…8th Grade Essay Contest Page 15…Rule of Law Explained Page 16…Public Service Award Staff of Douglas & Sarpy Courthouses Pages 17-18…Spire Public Service Award Nebraska Access to Justice Commission Page 19…Law Day 2021: Virtual but with Touch Page 20…Calendar of Events
Connect with the OBA ONLINE AT www.omahabarassociation.com Facebook: OmahaBarAssociation Twitter: OmahaBar Instagram: OmahaBar YouTube: OmahaBarAssociation SoundCloud: OmahaBar
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President’s Message Law Day 2021 comes at a dynamic point in the history of the United States of America, with the recent events to which we have been witnesses. President Dwight D. Eisenhower established Law Day in 1958 “as a day of national dedication to the principles of government under law.” The importance of the Rule of Law and its contributions to the freedoms Americans enjoy has been recognized every year since then. In 1961, the United States Congress designated May 1 as the official date for celebrating Law Day. As President Eisenhower noted, “The clearest way to show what the rule of law means to us in everyday life is to recall what has happened when there is no rule of law.” He saw that as the Allied Commander in Europe during World War II. Over 400,000 Americans died fighting in foreign lands. Estimates are that between 75 – 85 million people died during WWII, roughly 3% of the World’s then population of 2.3 billion. We have recently seen America’s laws and the legal process at work. Liberty and justice might be infringed upon by individuals, but America has responded by following the Rule of Law. Granted, the response was slow to correct wrongs that history perpetuated and Americans were reluctant to confront - slavery and women’s right to vote to name just two. Context is important to history. At the time the Constitution was drafted, debated and eventually ratified in 1789, slavery was an institution and women did not have the right to vote (or own property in some States). For centuries governments failed to take action to right these wrongs. Some change comes slowly and at terrible costs. It took the Civil War, with the deaths
of over 650,000 soldiers and the determination of President Abraham Lincoln, to end slavery in 1865. The debates and fighting at the time were fierce. But the reformers used the Constitution’s framework and the sacrifices of many soldiers to enact much needed change. The right of women to vote was finally recognized when the 19th Amendment to the Constitution was passed in the Senate in 1919 and ratified by 3/4 of the state legislatures on August 26, 1920. The basic rights to speak and assemble freely allowed women to bring their protests to the government’s doorsteps, until their voices were heard. Americans have given their lives and used their rights to speak freely and assemble peacefully to bring about change and correct history’s wrongs. Change has come slowly and at a price. But there has been change. Almost 100 years after the Civil War ended, Congress passed the Civil Rights Act of 1964. Without the Constitution and the laws created under its framework there would be no Rule of Law and no change. America would be like China or Russia or North Korea or Myanmar or any of the other countries where the rights Americans take for granted do not exist. The citizens of those countries are clamoring for freedom and liberty. When we get through the censorship and restrictions on information, we see the governments stifling, imprisoning, and sometimes killing citizens to maintain the status quo and prevent change. The first things those governments do is to eliminate the rights Americans take for granted. No free speech, no assembly, no free press. There is undoubtedly a lot more change in store for America. The debates will continue. Americans will speak their minds and peacefully assemble to advocate for change - because they can.
3 President’s Message (Continued) The goal of change must be to improve America so that all Americans experience “freedom” and “liberty” and we hold ourselves out as an example to the World. Change takes a long time and when it comes to America’s system of government it is never ending. But that is why it is the “American Experiment” or “Democracy in action.” When Americans’ attempts at change fail, no one fears being put into prison or being sent to a reeducation camp to think like the government wants them to think. Americans regroup and continue to push for change, using the Rule of Law. That’s the American Spirit and why there’s no place better than America. As law students, we are taught Constitutional Law, Civil Procedure and a myriad of other areas of the law. As lawyers, we learn how to put the esoteric teachings to work to help our clients. We apply the Rule of Law in our daily work. On this Law Day 2021, let us remember how fortunate we are to be Americans, what we owe to those who have gone before us to enact change, and what we will do to use the Rule of Law to keep changing America for the greater good of all Americans. In this way we will make America better and America will continue to be the icon of freedom for Americans and for people all over the World.
Dave Koukol, President Omaha Bar Association Office: 402-934-9499 ext. 202 dkoukol@westomahalaw.com
3 Attorneys Given Ellick Award The Omaha Bar Association congratulates Ashley Albertsen, Melissa Oestmann, and Chad Swantz for being the 2021 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 130 attorneys have received this Award, showing a longstanding dedication to the program and public service by members of the OBA. Ms. Albertsen and Ms. Oestmann practice together in the firm Oestmann & Albertsen, and focus on Family Law, Juvenile Defense, and Criminal Defense. Mr. Swantz is co-owner of the firm Suiter Swantz, an Intellectual Property law firm in Omaha. Please join us in congratulating Ashley, Melissa, and Chad…and thanking them for their service!
Ashley Albertsen
Melissa Oestmann
Chad Swantz
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Executive Director’s Column Each year, Law Day brings together the legal community with members of the public to celebrate the Rule of Law in our country. Over the past half century, the Omaha Bar Association has hosted a luncheon to promote that celebration. Last year, due to COVID-19, the Law Day Lunch was cancelled, although awards were handed out. There year, we decided to do a “virtual lunch” where people could watch from the safety and comfort of their homes or office. We plan to be back in person next year, but appreciate all the patience on the online format for 2021. I’m a broken record: for me, Law Day is my favorite event every year. It’s a celebration of the principle that underlies our legal system and was the basis for our country’s system of government: the Rule of Law. It’s an opportunity to reach out to children in the community, and educate them on our system, and what lawyers do. It’s a chance to shine a light on those who have dedicated themselves to the service of others, and remind ourselves the importance of the work we do as legal professionals. To me, it’s a well-deserved pat on the back, and a shot in the arm for the work that lies ahead. It’s also a chance to work with our community partners at the Nebraska Paralegal Association, The Daily Record, and the Omaha Legal Professionals Association. Every year, a theme is selected by the ABA as the Law Day theme for the year. This year, I made the decision that the ABA chosen “Advancing the Rule of Law Now” could be thought of as politically charged, and so the OBA Law Day Theme was set as the standard/default Law Day Theme of “Celebrating the Rule of Law in our Country.” This year’s OBA Law Day has the distinction of having the most award recipients, which feels fitting over the last year we’ve experienced. Hundreds of staff at the courthouses in Douglas and Sarpy Counties are the recipients of the Public Service Award for non-attorneys, for their dedication to keeping the doors open and the wheels of justice turning, in the face of real risk to their safety. The judges, attorneys, and other volunteer members of the Access to Justice Commission and its committees, numbering close to 100, are the recipients of the Robert M. Spire Public Service Award. In addition to our top 3 winners of our 5th grade poster contest and 8th grade essay contest, we have added the Laurie Smith Camp Integrity in Service Award in honor of our departed friend and leader, and presented the award this year to Judi gaiashkibos of the Nebraska Commission on Indian Affairs. And adding to the 120+ previous recipients, Ashley Albertsen, Melissa Oestmann, and Chad Swantz are all receiving the Alfred G. Ellick Award for
their 10 years of service on the OBA Lawyer Referral Service. The amount of work done by the Law Day Committee and support by others in the community for this event is astounding. Every year I’m blown away by how the entire legal community steps up to support Law Day. Thank you to The Daily Record, managing editor Scott Stewart, publisher Jason Huff, publisher-emeritus Lynda Henningsen, and all the staff on their time spent on the Law Day edition of The Daily Record. It’s pretty special, the work they do to showcase Law Day every year. Thank you OBA President Dave Koukol for offering his good friend Mark Scherer as the Law Day speaker. Thank you to Doug Law and John Meniccuci for co-chairing the Law Day Committee, and thank you to Committee members Tom Tilden, Sandi Armstrong, Donna Olson, Jean Roeder, Ann Miller, Larry Roland, Jamie Hermanson, Kamron Hasan, Donna Birkby, Linda Plazcek, and Lynda Henningsen. Thank you to Public Service Committee members Pat Cooper, Larry Roland, and Jennay Vacek. Thank you Jennifer Petersen, Amy Longo, Amber Roberts, Scott Stewart, and Hon. Stephanie Hansen for doing video introductions for the Law Day Lunch video. Thank you to all the award recipients who agreed to be interviewed by me on camera, with the videos posted on social media. I want to give a special thank you to those who have been a part of the “Lawyers in the Classroom” project this year, which sent over 300 copies of Bold & Brave: Ten Heroes Who Won Women the Right to Vote to Omaha 5th grade classrooms, and produced a lesson plan and 50 minute video to be shown with the book. Thank you to Lynda Henningsen and Linda Placzek for their leadership, thank you to Scott Stewart, The Daily Record, and Larry Roland for their help in distributing the books. Thank you to Sami Stewart for help with the book insert tribute to Judge Smith Camp. Thank you to Sean and Jill Conway, their kids, and their kids’ friends for being the subject of the “Ask a Lawyer About What They Do” part of the video. Thank you to Mallory Hughes for discussing the book, voting rights, and civil rights on video, and thank you to Geoff Thomas at Thomas & Thomas Court Reporters for recording Mallory’s segment. And thank you to the many generous donors who helped us buy the books for the classrooms: Jodie McGill, McGill Law, Dave Koukol, J. Terry Macnamara, Lynda Henningsen, Cassem Tierney, Fitzgerald Schorr, Fraser Stryker, Gross & Welch, Hightower Reff, Koley Jessen, Kutak Rock, McGill Gotsdiner, McGrath North, Hauptman O’Brien, and the Omaha Bar Association.
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Director’s Column
Author Drops in on OBA Book Club Meeting; Next Book Selected for July
As we celebrate Law Day 2021, the principle of the Rule of Law, some talented kids who can draw and write, and those among us who have gone above and beyond the call The inaugural meeting of the OBA Book Club of duty, I can’t help but smile and nod: we are truly stronger took place at 8:30PM on Tuesday, April 13th via together.
CLEs Available On Demand Starting in 2018, the OBA began live filming various CLEs throughout the year on our Facebook page, and making them available for On Demand watching by our membership. We are continuing that practice into 2021, with the latest online CLEs available for NE CLE credit. Please note: There are fees associated with obtaining CLE credit through the On Demand feature; please email dave@omahabarassociation.com to learn more or go to www.omahabarassociation.com and select “On Demand” from the CLE tab. The Omaha Bar Association’s “Bar Talk” Podcast continues to turn out fresh, informative, and entertaining episodes. Miss an event with an interesting speaker? Chances are it’s on the podcast. Want to listen to in-depth interviews with Omaha’s biggest legal names? We’ve got you covered. To listen, simply subscribe via iTunes Podcasts, asking your smart speaker to play “Omaha Bar Association Bar Talk Podcast”, or by following the OBA on Facebook. We’re up to 39 episodes, over 4,500 listens, and aren’t
Zoom. A dozen attendees (including younger and older attorneys and a judge) were in for a treat when author Ted Wheeler logged onto the Zoom and chatted for 15 minutes about his historical novel, Kings of Broken Things. The book, covering both real and imagined stories in the years leading up to and including the courthouse lynching of Will Brown in 1919 in Omaha, was Wheeler’s first novel, and took him seven and half years to finish. Wheeler spent 15 years as a courthouse reporter for the Omaha World Herald, and said the inspiration for the book came from an random internet search on why the Douglas County Courthouse had netting over it (answer: pigeons), and then investigating the history of the courthouse further. As it happens, Ted Wheeler just recently opened brick and mortar location of his Dundee Book Company (4915 Underwood), and there was a lot of talk by participants of stopping in and checking out the book selection. The next meeting of the OBA Book Club is on Tuesday, July 13, and the book selection is a nice nod to Judge Smith Camp and our Lawyers in the Classroom initiative for this Law Day. The book selected is: Why They Marched: Untold Stories of the Women Who Fought for the Right to Vote. Registration for the meeting is on the OBA’s website. All are welcome.
We appreciate your Membership!
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Young Lawyers Division Tees It Up at TopGolf On Thursday, March 11th, the OBA Young Lawyers Division hosted a friendly meet up for OBA members and their invited guests at TopGolf Omaha. The event was capped at 36 people, and 6 bays of 6 were procured for the evening. Everyone had a good time, regardless of skill level, and prizes were handed out for top point scores, lowest point scores, and one attendee who came wearing very slippery dress shoes (style points). The consensus was that the OBA at TopGolf needs to happen again, even with reigning Field Day Champion Matt Quandt once again running the tables as Top OBA Golfer. Editor’s Note: In an exclusive with the OBA writing staff, Steve Hogan has demanded a rematch, and called a press conference to discuss this next week. The odds that Steve will be wearing sunglasses at the indoors event are +125.
Nationwide Panel of Speakers “Zoom into Omaha” for OBA CLE on Best Practices In December 2019, legal marketing consultant Mark Homer of Get Noticed Get Found (GNGF) presented a two hour CLE on digital marketing and communication with OBA members. So impressed with the OBA members (we’re sure!) was Mark that he reached out to the OBA early this spring, and offered to do a follow up CLE via Zoom. Leveraging the convenience to Zoom, Mark recruited 4 other nationally recognized speakers for an April 21st wide-ranging panel discussion on best practices to grow one’s legal practice, rather than just surviving or sustaining. While the focus was on solo or small law firms, the presenters had over a dozen “takeaway” ideas for attendees which could fit any size legal practice. For those who couldn’t attend live, the CLE is available On Demand for $10 for OBA members, and is approved for CLE credit in both NE and IA.
Mark Homer’s Panel of Growth Makers for Lawyers & Law Firms: (1) Amy Mann, LawPay (Top Left), (2) Maddy Martin, Smith.ai (Top Right), (3) Nefra MacDonald, Clio (Bottom Left), (4) Kristin Tyler, LAWCLERK (Bottom Right), and (5) Mark Homer, Get Noticed Get Found (Middle)
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Upcoming OBA Events: “Battle of the Guest BARtenders” Round 1 – Koukol vs. Hansen On Thursday, May 13th, the debate will finally be put to rest. With a friendly wager on the line that has the loser showing up to the next OBA Zoom event with a kitten filter, a champion will emerge with all the bragging rights. What are we talking about? We’re talking about OBA President Dave Koukol and OBA President-Elect Hon. Stephanie Hansen going toe to toe (albeit virtually via Zoom) to find out who is the better cocktail maker (or mixologist, depending on your vintage). Dubbed the “Battle of the Guest BARtenders,” this virtual cocktail throw-down will have you laughing, drinking, and judging these OBA leaders. Described by OBA Executive Director Dave Sommers as a mash-up of a How-To-MakeA-Great-Cocktail video with the competitive spirit of a reality TV cooking show, each contestant will be given 15 minutes to make and present their own signature cocktail to the Zoom audience. Those watching online will then submit their grade of each contestant anonymously via the Zoom chat to score compiler Dave Sommers. A maximum of 15 points can be awarded to each bartender, with 5 points each for Presentation (such as the type and style of glass used, garnishment, Zoom background choice, and name of the signature drink), Taste (either “actual” taste by those also making the drink, or “perceived” taste – how you think the drink would taste), and Execution (the show of preparing and making the drink…history lessons and embarrassing stories encouraged).
For those who want to “follow along at home” and make the drink along with the contestants, we will be providing event registrants with the names and ingredients for the signature drinks on Monday, May 10th. There is no cost to attend. All are welcome. 2021 Field Day - Monday, July 19 at Champions Run After a year hiatus, the 2021 OBA Field Day has been set for Monday, July 19th at Champions Run. Save the date, and gather your foursome for the scramble. A programming change for 2021: pickleball is in, and tennis is out. Those who haven’t played pickleball before but who enjoy tennis or ping pong listen closely: this sport is for you. Trust us, you’ll enjoy it. Those wanting more info on pickleball can contact either Dave Sommers or Joe Bradley to learn ALL about it. 15th Annual Creighton Law / OBA Seminar on Ethics and Professionalism – Online on September 10, 2021 Similar to 2020, the annual free 2 hour ethics seminar co-presented by the Omaha Bar Association and Creighton School of Law will take place online and in a prerecorded format. The “premiere” of the seminar will be in the afternoon of Friday, September 10th, and the video will be available On Demand after then for the next two years. The CLE is free for 2021 OBA members, and will be approved for 2 hours of ethics CLE in both Nebraska and Iowa.
Read a Book Once In a While...As Part of Our Book Club As mentioned elsewhere in the Newsletter, the OBA Book Club will be meeting via Zoom at 8:30PM on Tuesday, July 13th. The book up for discussion is Why They Marched: Untold Stories of the Women Who Fought for the Right to Vote. All are welcome. Advance registration required. They’re Back! Omaha Barristers Club Set Dates for Steak Fry and Christmas Show Doug Amen, President of the Omaha Barristers Club, has announced that the Steak Fry (Presented by The Daily Record) will be happening at Elmwood Park on Thursday, June 15th, and the Christmas Show (sketch comedy about lawyers by lawyers) is set for Thursday, December 9th. Editor’s Note/Pro Tip: It’s best to just block off December 10th as a “not in court” date on the calendar. Trust us. Doctor…Doctor…annnddd Doctor! (Medical Legal Dinner) You can look forward to getting your free physical on Thursday, September 30th, at the Medical Legal Dinner, our annual breaking of bread with our organizational counterpart for doctors. Location is penciled in as the Sumtur Amphitheater, and the guest speaker role filled by Tony Goins, the head of the state’s department of economic development.
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On The Move & Milestones On the Move
Congratulations to Todd Engleman and Tressa Alioth for their being selected to join the Douglas County District Court bench, filling the seats vacated by Judges Randall and Gleason; McGill Gotsdiner welcomes Zachary Ward as associate, John Stalnaker and Aimee Cizek as shareholders, and Tom Stalnaker and Bob Becker to the firm as Of Counsel; Koenig Dunne announces the addition of Michael Brewer to the firm; Erickson Sederstrom welcomes Connor Orr the firm’s Omaha office; Koley Jessen announces the addition of Mikaela Witherspoon, Chad Loomis, Cody Nickel, David Winkler, and Craig Benson to their team; and Emily Jung has joined Silverleaf Wealth Management.
If You’re Headed to Sarpy County for Court, Don’t Be THAT Attorney... Sarpy County Courthouse PSA: Please note that the Sarpy County Courthouse public parking lot has been closed due to the commencement of construction of a new jail on the corner of 370 and 84th Street. All attorneys and guests of the courthouse are directed to park in the east parking lot on the administration side of the courthouse and to enter through the east door. There is an internal walkway through to the courthouse side of the building on the second floor of the administration wing. Please do not park in the County Attorney or Public Defender designated parking lots as they are limited in space to specific individuals in those offices.
Milestones
Erickson Sederstrom congratulates Shay Garvin and Matt Quandt on their election to partner at the firm; and Chad Richter has been named Trustee of the Business Ethics Alliance.
Daily RecoRD Expertise Second to None
Over 100 years in the industry. 402-345-1303 • legals@omahadailyrecord.com • www.OmahaDailyRecord.com
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Laurie Smith Camp Integrityin Service Award Recipient: Judi gaiashkibos After the passing of Judge Laurie Smith Camp last Fall, the OBA leadership quickly approved a resolution to create an award in Judge Smith Camp’s name and honor, to be presented annually at Law Day. The Council of Past Presidents of the OBA met in March, considered a large number of candidates, and ultimately chose Judi gaiashkibos as the first recipient of the Laurie Smith Camp Integrity in Service Award. gaiashkibos has served as the Executive Director of the Nebraska Commission on Indian Affairs since 1995, is an adjunct professor for the Native Daughter’s Project at the University of Nebraska’s School of Journalism, and is a member of the Governor’s Racial Profiling Advisory Committee. gaiashkibos is an enrolled member of the Ponca Tribe of Nebraska, and when asked why the “g” in her last name is lower case, she explains, “The little g is a sign of humility, that the two-legged are not superior to the four.” Notably, in addition to all of her work, Judi worked often with Judge Smith Camp over the years and considered her a close friend. Judge Smith Camp supported gaiashkibos’ efforts to put a statue of Chief Standing Bear in Statuary Hall in the U.S. Capitol Building, and they both attended the bronze sculpture’s unveiling in 2018. Just last year, gaiashkibos and Smith Camp were working on coordinating a CLE on the POWER Act, a Federal law that helps educate and promote the legal community’s helping of Native women who are victims of domestic violence. She has worked with the government and private sector to provide opportunities for Nebraska Native Americans, fostered diversity and cultural sensitivity in the Nebraska State Legislature, promoted state and federal legislation, and advanced sovereignty issues. She has repatriated Native remains to their tribes, and is working on increasing the recognition of Dr. Susan La Flesche Picotte, the first Native American to earn a medical degree. The criteria under consideration for the award are “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 attorneys or those in the legal profession. The criteria were
selected in consideration of what characteristics and work Judge Smith Camp would have wanted to be associated with her name. Judi’s lifetime of work and what she continues to do to this day fits the Award criteria very closely. While not a legal professional, Judi works regularly with the state and federal courts on Tribal issues and laws. And more importantly, Judi has shown an unwavering dedication to mentoring others and promoting equal treatment for all people, and done that work in a respectful and powerful way, with integrity in her actions every step of the way. We encourage everyone to watch the OBA interview with Judi that can be found on the OBA’s YouTube channel. Please join us in congratulating Judi gaiashkibos on being the first ever recipient of the Laurie Smith Camp Integrity in Service Award. Below are Judi’s acceptance remarks, as presented in the Law Day 2021 video. I am honored to receive this distinguished award that bears the name of my dear friend Laurie Smith Camp. I would like to thank the Omaha Bar Association and Laurie’s children for their recognition of me and their wisdom in naming this award. Laurie Smith Camp was someone I admired greatly over the course of a twenty-five-year friendship. Our journey together began at the state Capitol and took us to many places where law and government were involved. We joined arms to be warriors for justice. As a person, Laurie always sought to find and know the truth about things. She pursued truth through learning and scholarship in a spirit of respect and support for all people. I was so fortunate to have this eloquent and brilliant woman with me on many occasions. She was someone who was present when it mattered. Whether flying to Whiteclay to address injustice against our Lakota people or voicing strong support to protect native women against violence, she was there. Most recently we worked together on the Powers Act to provide pro bono assistance and the protection of the law to those who need it most.
10 Thank you Strategic Partners!
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11 Judi g Continued She was often present when great achievement was being celebrated. Her elegant spoken words at our Standing Bear breakfasts always raised the bar. When the Ponca Tribe was celebrated at the NMAI in Washington DC in 2011, Laurie was there. Thanks to her influence we welcomed Justice Sonya Sotomayer that night and honored her with a round dance. She was with us again at the US Capitol for the Standing Bear dedication in Statuary Hall in 2019. Her love of the arts, literature, and knowledge took many forms. She will be remembered when a new sculpture of the great Nebraskan Willa Cather is dedicated on Capitol Hill. Laurie was the donor of that sculpture and I am blessed to support that project with my daughter Katie Brossy. Her amazing grace, sparkling smile, and steadfast spirit has been a great inspiration to me. As I go forward, I will take her example to find the inner strength and dedication to search for the truth! Laurie Smith Camp’s integrity, warmth and kindness truly shined a light on me. I am so thankful for her and for this very special award. Thank you.
Lawyers in the Classroom / Books for Laurie Update As was outlined in an in-depth article in the March 2021 OBA Newsletter, this year’s “Lawyers in the Classroom” effort for Law Day was a dedication to Judge Laurie Smith Camp. The Law Day Committee pivoted from coordinating 100+ attorneys going physically into 4-6th grade classrooms, to a remote and asynchronous model that still had plenty of personal touch. A call for donations raised over $4000 to purchase more than 300 copies of Bold & Brave: 10 Women Who Won Women the Right to Vote, and have the book sent to every 5th grade classroom in the OPS system, and the remaining books to every school with a 5th grade in the Omaha metro area. Attorneys Mallory Hughes, and Sean and Jill Conway helped create a video that teaches 5th graders about the right to vote, civil rights, and what an attorney does. Retired OPS administrator Linda Plazcek, in coordination with Lynda Henningsen, wrote a lesson plan for 5th grade teachers related to the book and video, and obtained the green light go-ahead from the District for teachers to be prepared to teach and present the book, plan, and video.
Through this team effort and collaboration, in the midst of a pandemic and difficulty in gaining access to any school building, the OBA and our partners have succeeded in doing a virtual “Lawyers in the Classroom” program for thousands of 5th graders. Our hope is to expand this program next year, both by raising money to buy more books for EVERY 5th grade classroom in the Omaha metro area, and coming up with an interactive feature with local attorneys that works for local schools that also leverages our ability to use technology to reach more students. This project is dedicated to an early champion of this project, Judge Smith Camp. A dedication has been included as an insert in every book, with the hope that the students may be inspired by her, like so many of us have been.
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13 5th Grade Poster Contest (Nebraska Paralegal Association) The Nebraska Paralegal Association is honored to be able to once again sponsor the Law Day Poster Contest. The Nebraska Paralegal Association, or NePA, is the leading professional organization for paralegals in Nebraska. NePA was formed in 1976 as a non-profit organization with its mission to serve the paralegal community in the state. Much of that service relates to providing continuing education for paralegals, and so our involvement with the Law Day poster contest is a natural extension of this interest in education. This year we received approximately 50 posters from Omaha area schools. This year’s winners are: 1st Place – Calvin Luett from Anchor Pointe Elementary. Calvin is the winner of a 1 year membership to The Durham Museum and a $125 check. In addition, Calvin’s poster is currently on display on a billboard at 90th and Maple Streets. It will be up until May 15. Calvin’s teacher is Mrs. Kathleen Cannon. 2nd Place – Kendall Greenwald from Loveland Elementary School. Kendall is the winner of a $100 check. Kendall’s teacher is Ms. Kristin Mauseth. 3rd Place – Kenadee Nobles, Anchor Pointe Elementary. Kendaee is the winner of a $75 check. Kenadee’s teacher is Mrs. Kathleen Cannon also. This year, the OBA added a $50 gift card awarded to the teacher of any winning student. To see all of the Poster Contest submissions, go to the OBA website at www.omahabarassociation. com. Congratulations to our 5th grade Poster Contest winners and their teachers!
(Top to Bottom: 1st, 2nd, and 3rd place posters)
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Essays Capture Importance of Rule of Law The Essay Contest was open to 8th graders, and was coordinated by Scott Stewart of The Daily Record, with the help of Donna Olson, Jean Roeder, and the Omaha Legal Professionals Association. First Place went to Eleanor Prekker of La Vista Middle School. We asked Eleanor if she’d read us her essay for the Law Day Lunch, and she obliged, so those watching the Law Day video will hear her great essay. The 2nd place essay was written by Hta Der Taw Paw, of Morton Magnet Middle School. Hta’s essay about living in refugee camps in Burma and being afraid of death by the hands of the Burmese military is a stirring reminder of the importance of the Rule of Law in our country. The third place essay was written by Olivia Camerer of St. Pius / St. Leo. teacher is Greg Gorski, an attorney who practiced law 26 years before returning to teaching history to 8th graders. Mr. Gorski’s name may be familiar—he’s had success previously with the Law Day essay contest, with many students attending past Law Day Lunches to accept their awards. In speaking with Mr. Gorski, he plans to retire at the end of this school year and focus his time on his 8 grandchildren. The winning essay by Eleanor Prekker: Celebrating the Rule of Law The United States is founded on the concept of a government which guarantees certain unalienable rights to its citizens. However, despite American culture’s profound emphasis on the right to freedom, all people cannot be free to do exactly what they want. Freedom has to be balanced with justice in a way that promotes equality and human wellbeing. I believe that, in order to uphold such a balance, our laws must be written with human rights in mind and enforced honestly. All demographics of people should be protected equally according to the same laws, and only punished if need be. This concept is known as the rule of law, and it is the cornerstone of any true democracy. This is not a perfect nation, so the rule of law is not always equally upheld, but there is also a foundation in place for change. The right of free speech is protected by the Constitution, so the people are allowed to protest if the law is enforced unfairly, and we can vote for lawmakers who will write and support just laws. In conclusion, all people deserve to have equal and legally protected individual rights, as long as they do not infringe upon the rights of others. The rule of law should keep both the average citizen and the people who enforce it from attempting to violate these rights. This allows the U.S. to stay in the balanced middle ground between the strict reign of tyranny and unregulated anarchy. (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. In fact, you can read all the submitted essays and posters on the OBA website.) A special thanks to Scott, Sandi, Tom, Donna, and Jean for all their hard work in coordinating the contests and working with their judges to select the winners. The OBA loves our extended family at NePA, The Daily Record, and OLPA!
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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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2021 OBA Public Service Award: Staff of the Douglas & Sarpy Courthouses As all of us can attest, this last year plus has been a difficult one, with a heightened health risks, conflicting information and mandates, and many “new normals” for how we conduct legal business in our world. Things shut down, and many parts of our lives came to a standstill. But through all of this uncertainty, one cornerstone of the legal system didn’t stop. The courthouses and their staff, both in Douglas and Sarpy Count continued to do the work necessary to keep business moving forward, in as safe and efficient manner as possible. It wasn’t always easy, but the courthouse staff have done extraordinary work to keep the wheels of justice turning. The 2021 OBA Public Service Award for non-attorneys is presented to the staff of the Douglas and Sarpy County Courthouses. Many years this Award is given to one individual, but this year, the OBA is making a point to recognize and shine a light on the entire courthouse staffs, from top to bottom. Coordination and open communications between so many offices and involved parties was critical to keeping people safe and cases moving forward; and the staff did this in spades. Here are a few of the stories and descriptions of work done this past year: Douglas County Court: Even with a pandemic, people still were arrested and put in jail. With the constitutional right to a speedy trial on hold, the right to a speedy arraignment still existed. The County Court leveraged WebEx to allow those arraignments to be as quick and safe as possible. WebEx also helped move cases forward when extended to other area. In 14 weeks alone, 1,014 probate/guardianship cases were heard via WebEx. Understanding that people charged with tickets or fines could be out of work, the payment period was extended by a third to 120 days from 90, lessening the chances that a warrant would have to be issued for failure to pay. One staff member became a U.S. citizen at a naturalization ceremony at the Federal Courthouse, but was not allowed to have her family with her. The County Court staff organized a reenactment of the ceremony in front of the Nebraska Constitution (in a socially distanced fashion) for the staff member’s
family and fellow Court staff to attend. Douglas County District Court: Utilizing approximately $600,000 in CARES Act money allocated from Douglas County, the District Court (1) installed large screen TVs, speakers, and cameras in all courtrooms for WebEx hearings, (2) upgraded the phone system to a digital system, (3) installed Ring cameras and access terminals for every courtroom and judge’s chambers/bailiff’s space, (4) set up a closed-circuit TV system that allows family, friends, and press to watch a trial while being socially distanced in a room other than the courtroom, and (5) renovated the Douglas County Court Annex building to be used as a jury selection space (all socially distanced) and a remote viewing space for trials. Omaha Douglas Public Building Commission: With a severe shortage in supply, the Commission worked to buy protective gloves, masks, hand sanitizer, and other cleaning supplies in order to clean the courthouse and civic building. Worked with the Douglas County District Court to renovate the Douglas County Court Annex Building (just South of the Courthouse), on a very short timeline (October-December 2020). Sarpy County District Court: Staff alternated weeks of working in the office and remotely, and meetings between the public and staff were by appointment only. The “bullpen” work space for the staff was converted into cubicle-style space with extra safety partitions as needed. Hearings were held remotely by all judges. When everything shut down, all attorneys and parties had to be notified of a change in hearing and trial dates, and those proceedings had to be rescheduled. The OBA has interviewed many of the staff and judges on video about what went on this last year. You can find those videos on the OBA website or on our social media. The courthouse staff in Douglas and Sarpy counties did tremendous work this last year in the face of a very difficult situation. With their help, the courts were able to continue their work for the public, and we are grateful for them. Please join the OBA in congratulating the staff of the Douglas and Sarpy County Courthouses for their selection for this award.
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Robert M. Spire Public Service Award: Access to Justice Commission
The Nebraska Access to Justice Commission is the 2021 Robert M. Spire Public Service Award recipient. The Spire Award is presented annual at the OBA Law Day to an attorney or attorney organization that has shown (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 Access to Justice Commission and the work it does fits these criteria to a T. Established by the Nebraska Supreme Court in 2017 (and previously organized as the Minority Justice Committee), the mission of the Commission is to promote the Nebraska Supreme Court’s goal of providing equal access to swift, fair justice for all Nebraskans regardless of income, race, ethnicity, gender, disability, age or language. Three standing committees make up the Access to Justice Commission: the Committee of Equity and Fairness; the Consortium of Tribal, State, and Federal Courts; and the Self-Represented Litigation Committee. The Language Access Committee was formerly a part of the Commission, and is included in this award recognition for the work they’ve done advancing the availability of interpreters in the courts in Nebraska. There are 28 members representatives on the Access to
Justice Commission, and 78 members of the 3 standing committees of the Commission. This Award is to honor the work all of the members have done in the effort of equal justice under the law. The Spire Award is named after Bob Spire, an Omaha attorney who committed his career to public service, was instrumental in the establishment of Legal Aid of Nebraska, and who served as both OBA and NSBA President. So synonymous is Bob’s name with public service for attorneys in Nebraska that the NSBA also has a Spire Public Service Award it bestows each year. In an attempt to get the full measure of the work of the Commission the OBA interviewed (via Zoom) a number of leaders in the Commission, including Commission co-chairs Hon. Stephanie Stacy and Liz Neeley, Committee on Equity and Fairness chair Hon. Stefanie Martinez, Consortium of Tribal, State, and Federal Courts cochair Hon. Patrick Runge, and Self-Represented Litigation Committee chair Hon. Frankie Moore. The full interviews with each leader is available for viewing on the OBA’s Facebook Page and YouTube Channel, and are highly recommended watching. The Consortium of Tribal, State, and Federal Courts has been conducting a statewide listening tour to better understand how Native individuals can be better served by the combination of courts and jurisdictions they can find themselves in. The Committee on Equity & Fairness has worked on a juror questionnaire, to make
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Spire Award Continued
sure that courts have a fair representation of jurors across the state, and advanced the text reminder system, understanding that mobile communication is the primary method of communication for many, and that effective communications about court proceedings can be a fundamental issue of fairness. And the Self-Represented Litigation Committee continues its work with Legal Aid, the Volunteer Lawyers Project, and the law school legal clinics, promoting and supporting Limited Scope Representation, as well as its crown jewel of work, the Forms Library for Self-Represented Litigants on the Nebraska Supreme Court website. The scope and time spent on these projects by volunteer judges and attorneys is truly impressive, and critically important in the advancing the rights of all Nebraskans in the legal system. Please join the OBA in congratulating the Access to Justice Commission on being the recipient of the 2021 OBA Robert M. Spire Public Service Award.
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Law Day 2021: A Virtual Event with a Lot of Personal Touch When it was decided that Law Day would be done remotely, via Zoom and with a pre-recorded video, it was evident that there was a good amount of disappointment from Law Day Committee members that we hadn’t yet “gotten over the hump” and used this event as a time to restart inperson meetings. The feeling of disappointment is understandable – in-person events are more special, more intimate, and full of waves and one on one hellos to old friends and colleagues. Arguably, the Omaha Bar Association hangs its hat heavily on the importance and value of those jovial, in-person connecting of our attorneys and judges with one another. But as it turned out, the organizing of a virtual Law Day became a strength and opportunity, not a liability. We made the event free, and the online format made attending the lunch easier than ever. We gave our public service awards to (1) the staff of the Douglas and Sarpy courthouses, and (2) the Nebraska Access to Justice Commission, which in total surpassed 300 recipients. We interviewed 13 award recipients, producing over 4 hours of long form interviews available for viewing on the OBA’s social media. We were able to record Eleanor Prekker, 8th grader at La Vista Middle School, reading her 1st place essay, and included it in the Law Day video. We set the Law Day Lunch video to go be available for on demand viewing on YouTube within an hour of the live Zoom Lunch meeting. We purchased over 300 copies of a book on the 19th Amendment, in honor of Judge Smith Camp, sent those to 5th grade classrooms all over Omaha, and produced a “Lawyers in the Classroom” video associated with the book that
has already reached 1,000 local students, and will grow exponentially in the next few weeks. Yes, we even started a hashtag campaign. Anyone posting a video or picture of themselves with the hashtag #OBALawDay2021 (on Facebook or Instagram), saying why they are proud of being a part of the legal profession and/or the Rule of Law, the OBA will repost it on its stories. (If you don’t understand that, don’t worry about it. ;)) OBA Members have always been encouraged to invite friends, family, and staff to attend the Law Day Lunch with them, to have them share in our celebration of the importance of the Rule of Law in our country. And with the virtual event free of charge, inviting others became that much easier. With 300+ award recipients, it’s nice not to worry about having enough chicken dinners or fire marshal issues with capacity. The OBA has utilized Zoom and social media as platforms looking to widen our reach, push the limits on what programming we can do, and Law Day was a good example of that idea. We look forward to being back in-person, but will also keep learning and improving what we do to leverage technology as well. - Dave Sommers, OBA Executive Director
Omaha Bar Association
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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 Sandi Armstrong Judi gaiashkibosh Dave Koukol Dave Sommers
CALENDAR
Thursday
“Battle of the Guest BARtenders” Zoom; 5:15 PM
June 15 Thursday Barristers Club Steak Fry Elmwood Park
July
Photographers:
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Tuesday
OBA Book Club (Why The Marched) Zoom; 8:30 PM
Dave Sommers Various Award Recipients
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Monday
OBA Field Day Champions Run
Design by:
September
Dave Sommers
Printed by: Elman & Co.
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Friday
Creighton/OBA Ethics Seminar Online
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Friday
OBA Memorial Service Omaha-Douglas Legislative Chambers
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Thursday
Medical Legal Dinner SumTur Amphitheater
Please check the calendar on the OBA’s Website for more details on upcoming scheduled events.
Copyright © 2021 by Omaha Bar Association