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The Arkansas

Lawyer

A publication of the

Arkansas Bar Association

Vol. 47, No. 2, Spring 2012 online at www.arkbar.com

Inside Attorney Oath of Admission Revised to Add a Pledge of Civility 175th anniversary of the first published Arkansas Supreme Court decision

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325 West Capitol Avenue, 2nd Floor, Little Rock, AR 72201 (501) 217-9490 • (501) 217-9715 Fax • Mainstream-Tech.com

YOUR CLOUD STARTS HERE

Publisher Arkansas Bar Association Phone: (501) 375-4606 Fax: (501) 375-4901 www.arkbar.com editor Anna K. Hubbard executive director Karen K. Hutchins Editorial Board Gordon S. Rather, Jr., Chair Judge Wiley A. Branton, Jr. O. Milton Fine II Judge Victor A. Fleming Brandon J. Harrison William D. Haught Philip E. Kaplan Mary Beth Matthews Drake Mann David H. Williams Teresa M. Wineland OFFICERS President Tom D. Womack Board of Governors Chair Harry A. Light President-Elect Charles L. Harwell Immediate Past President Jim L. Julian Secretary F. Thomas Curry Treasurer William A. Martin Parliamentarian Sean T. Keith Young Lawyers Section Chair Brian M. Clary BOARD OF GOVERNORS Seth T. Bickett Thomas M. Carpenter Earl Buddy Chaddick, Jr. Tessica C. Dooley Richard C. Downing Frances S. Fendler Amy Freedman David M. Fuqua Amy C. Grimes Anthony A. Hilliard Don Hollingsworth Paul W. Keith Jeffrey Ellis McKinley Wade T. Naramore Laura E. Partlow Jerry D. Patterson Brian H. Ratcliff John C. Riedel Brian M. Rosenthal Brock Showalter Danyelle J. Walker Dennis Zolper

LIAISON MEMBERS Zane A. Chrisman F. Thomas Curry Jack A. McNulty Harry Truman Moore Judge Mark Pate Carolyn B. Witherspoon Karen K. Hutchins Judge Vann Smith

The Arkansas Lawyer (USPS 546-040) is published quarterly by the Arkansas Bar Association. Periodicals postage paid at Little Rock, Arkansas. POSTMASTER: send address changes to The Arkansas Lawyer, 2224 Cottondale Lane, Little Rock, Arkansas 72202. Subscription price to non-members of the Arkansas Bar Association $35.00 per year. Any opinion expressed herein is that of the author, and not necessarily that of the Arkansas Bar Association or The Arkansas Lawyer. Contributions to The Arkansas Lawyer are welcome and should be sent to Anna Hubbard, Editor, ahubbard@arkbar.com. All inquiries regarding advertising should be sent to Editor, The Arkansas Lawyer, at the above address. Copyright 2011, Arkansas Bar Association. All rights reserved.

The Arkansas

Lawyer Vol. 47, No. 2

features

10 Goings v. Mills, The First Case (Literally): A Retrospective on the First Case Decided by the Arkansas Supreme Court after Statehood J. Cliff McKinney II 14 Yesterday, Today and Tomorrow: The Legal Profession Past, Present and Future 19 45 Years of The Arkansas Lawyer magazine 22 Crystal Bridges, Deaccessioning, and the Law Christian H. Brill 26 The U.S. Marshals Museum Jim Dunn

32 Burrill Bunn Battle J.W. Looney 37 Attorney Oath of Admission Revised to Add a Pledge of Civility

Scan the QR code to go to www.arkbar.com on your smartphone

Contents Continued on Page 2

Lawyer The Arkansas Vol. 47, No. 2

in this issue Association News

6

Arkansas Bar Foundation Call to Fellowship

8

columns President’s Report

Member Spotlight

20

Tom D. Womack

Lawyer Community Legacy Award

28

Young Lawyers Section Report

114th Annual Meeting

30

CLE Calendar

33

2011-2012 Association Sustaining Members

34

Board of Governors Report

36

Judicial Disciplinary Actions

38 38

In Memoriam

50

Arkansas Bar Foundation Memorials and Honorarium

51

Classified Advertising

52

9

Brian M. Clary

Your Name in Print The Arkansas

Lawyer

A publication of the

Attorney Disciplinary Actions

5

Arkansas Bar Association

Vol. 46, No. 4, Fall 2011 online at www.arkbar.com

Inside The Arkansas Civil Justice Reform Act

For information on submitting articles for publication, go to www.arkbar.com Publications/ The Arkansas Lawyer or email ahubbard@arkbar.com

Arkansas Bar Association

2224 Cottondale Lane Little Rock, Arkansas 72202

HOUSE OF DELEGATES Delegate District A-1: Anthony W. Noblin, Kristin Pawlik, William J. Trentham, Leon Jones and Jon B. Comstock Delegate District A-2: Brock Showalter, Suzanne Clark, Paul D. Reynolds, W. Marshall Prettyman, Jr., Stan B. Baker, Matthew L. Fryar, Tina M. Hodne, Chad L. Atwell, Boyce R. Davis, Amy M. Driver and Curtis L. Nebben Delegate District A-3: Joel D. Johnson, Stephanie Harper Easterling, Shannon Foster, C. Michael Daily, Lisa-Marie France Norris Delegate District A-4: Erik P. Danielson Delegate District A-5: Wade Williams Delegate District A-6: Emily Sprott McIllwain Delegate District A-7: Michael E. Kelly Delegate District B: Patrick L. Spivey, Shaneen K. Sloan, Jason Earley, Jerald “Cliff” McKinney II, John P. Perkins III, Victor D. “Trey” Wright, Mark W. Hodge, Cathy Underwood, Jodie Lynn Hill, Grant M. Cox, James Paul Beachboard, M. Stephen Bingham, Phillip M. Brick, Jr., Khayyam Eddings, Whitney Foster, Stephen R. Giles, Christian Harris, Aaron L. Squyres, J. Adam Wells, Dan C. Young, John T. Adams, Amber Wilson Bagley, Stephanie M. Harris, Jeffrey W. Hatfield, James E. Hathaway III, Paula Juels Jones, William C. Mann III, Patrick W. McAlpine, Gwendolyn L. Rucker, Thomas G. Williams Delegate District C-1: Jay Scurlock Delegate District C-2: Jerrie Grady Delegate District C-3: Keith L. Chrestman, G. S. Brant Perkins, J. Roger McNeil Delegate District C-4: Curtis J. Walker Delegate District C-5: Albert J. Thomas III, A. Jan Thomas, Jr. and William “Zac” White Delegate District C-6: Charles E. Clawson III, Shane A. Henry Delegate District C-7: Jimmy D. Taylor Delegate District C-8: Charles D. Roscopf, Paul T. Bennett, Jackie B. Harris Delegate District C-9: Leslie Jo Ligon, Timothy R. Leonard, John R. Byrd, Jr. Delegate District C-10: Shivali Sharma and George M. Matteson Delegate District C-11: J. Philip McCorkle, Rodney P. Moore Delegate District C-12: Wade T. Naramore and J. Joshua Drake Delegate District C-13: Sam E. Gibson and Cecilia Ashcraft Law Student Representatives: Angela Artherton, University of Arkansas School of Law; S. Kate Fletcher, UALR William H. Bowen School of Law

2

The Arkansas Lawyer

www.arkbar.com

At the end of the day...

Who’s Really Watching Your Firm’s 401(k)? And, what is it costing you?

YES

NO

Does your firm’s 401(k) feature no out-of-pocket fees? Does your firm’s 401(k) include professional investment fiduciary services? Is your firm’s 401(k) subject to quarterly reviews by an independent board of directors? If you answered no to any of these questions, contact the ABA Retirement Funds Program by phone (866) 812-1510, on the web at www.abaretirement.com or by email contactus@abaretirement.com to learn how we keep a close watch over your 401(k). Please visit the ABA Retirement Funds Booth at the upcoming Arkansas Bar Association Annual Meeting for a free cost comparison and plan evaluation. June 6-9, 2012 • Hot Springs Convention Center & Arlington Hotel, Hot Springs, AR

Who’s Watching Your Firm’s 401(k)? The American Bar Association Members/Northern Trust Collective Trust (the “Collective Trust”) has filed a registration statement (including the prospectus therein (the “Prospectus”)) with the Securities and Exchange Commission for the offering of Units representing pro rata beneficial interests in the collective investment funds established under the Collective Trust. The Collective Trust is a retirement program sponsored by the ABA Retirement Funds in which lawyers and law firms who are members or associates of the American Bar Association, most state and local bar associations and their employees and employees of certain organizations related to the practice of law are eligible to participate. Copies of the Prospectus may be obtained by calling (866) 812-1510, by visiting the website of the ABA Retirement Funds Program at www.abaretirement.com or by writing to ABA Retirement Funds, P.O. Box 5142, Boston, MA 02206-5142. This communication shall not constitute an offer to sell or the solicitation of an offer to buy, or a request of the recipient to indicate an interest in, Units of the Collective Trust, and is not a recommendation with respect to any of the collective investment funds established under the Collective Trust. Nor shall there be any sale of the Units of the Collective Trust in any state or other jurisdiction in which such offer, solicitation or sale would be unlawful prior to the registration or qualification under the securities laws of any such state or other jurisdiction. The Program is available through the Arkansas Bar Association as a member benefit. However, this does not constitute an offer to purchase, and is in no way a recommendation with respect to, any security that is available through the Program. C12-0201-010 (2/12)

Enjoy the NEW Benefits of Membership Become a Member of The Arkansas Bar Association

NEW Benefits ! Three New Benefits for 2012-2013 • Association Benefits International, Inc.Web service discounts on services that can help you compete in the digital world, including mobile websites for your firm.

NEW Benefits That Add Up to Success! As a valued member of the Arkansas Bar Association, you will receive the tools and resources that you need to succeed. Keep abreast of the latest developments in the legal profession with weekly e-bulletins, with links to the latest case summaries, Association publications and online members-only resources. Members receive free online legal research with Fastcase. Fastcase’s smarter searching, sorting and visualization tools help you find the best answers fast.

• FedEx Discounts • Prescription Drug Discounts Free Prescription drug discount card that can be used to get discounts on most brand names and generic medications.

Access more than 30 additional member benefits at www.arkbar.com/pages/benefits.aspx or call (501) 375-4606 for more information. 4

The Arkansas Lawyer

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2224 Cottondale Lane, Little Rock, AR 72202 | www.arkbar.com

2 L

President’s Report

Lawyer-2-Lawyer

by Tom D. Womack

Lawyer-2-Lawyer

Arkansas Bar Association Mentor Program

Over the last two years, Association leadership has been exploring the feasibility of a statewide mentoring program for newly-admitted lawyers in Arkansas. The theory underlying the initiative was that fostering mentoring relationships between beginning and experienced lawyers would assist new lawyers during the critical transition from student to practitioner, by which they could learn fundamental skills and core values of professionalism essential to the practice of law. A number of other state bar associations, Georgia, Utah, Ohio, and Oregon among others, have established mentor programs giving all new bar members meaningful access to experienced lawyers and a well-developed mentoring program available in their first year of practice. A key to success in these other states has been allowing for a flexible approach in which mentors and new lawyers take a general outline of a mentoring curriculum and shape it to best meet the needs of the new lawyer. The success of a particular mentoring relationship will, of course, always depend upon the commitment of both the mentors and the new lawyers, and a devotion of time, energy, and skill will be required on both sides. The necessity of making mentors available to new admittees has become increasingly important due to the limited number of employment positions available for new graduates in recent times, particularly since 2008, due to the multi-year influx of new lawyers in a market place where employment opportunities have grown increasingly limited. The consequence has been a dramatic increase in the number of new admittees going directly into a solo practice. The lack of guidance by an experienced attorney typically available through law firm employment means that these new admittees who are going it alone need our assistance. At the last two Arkansas Supreme Court Professional Practicums, a number of new admittees have requested mentor assistance. Through volunteers identified at these sessions, the Practicum Committee has been able to fill these requests. We believe the number of new

admittees who can benefit from mentoring programs will only grow. Aspiring to fill this need, your Association has this year initiated Lawyer-2-Lawyer, a voluntary mentoring program that dozens of new admittees have relied on to enter into mentoring arrangements with experienced practitioners. Lawyer-2-Lawyer aspires to elevate the competence, professionalism, and success of Arkansas lawyers through positive mentoring relationships. Mentoring works on several different levels to foster the early development of a new lawyer’s career while creating a sense of pride and purpose in the mentor. Specifically, the mentoring relationship should:

• Assist in the development of the new law• • • •

yer’s practical skills and increase his or her knowledge of legal customs Improve legal ability and professional judgment Promote collegial relationships among legal professionals and involvement in the organized bar Encourage the use of best practices and highest ideals in the practice of law Contribute to a sense of integrity in the legal profession

The Lawyer-2-Lawyer mentoring program is sponsored by the Association’s Young Lawyers Section. Spearheading the effort has been Brian Clary, who is the current Section chair, and Tasha Taylor, a YLS leader who has been instrumental in the development of the concept and planning. The program offers a choice of a one-year mentor relationship where mentors are encouraged to be available to new lawyers by phone or email and to meet with him or her quarterly, as well as what is identified as a midday mentor. This is meant to be an informal and relaxed program which allows mentors and new lawyers the opportunity to share questions and information in a casual lunch environment on an irregular basis. The program requires that mentors must have a minimum of five years of practice experience.

Mentors and new lawyers are matched according to a number of factors, including practice areas and geographic location. To the extent possible and practical, consideration will be given to preferences for gender, age, ethnicity, and other factors identified by a new lawyer or a mentor. The Association will match new lawyers and mentors as soon as possible following receipt of a new lawyer’s enrollment form, after which written notice of the match and respective contact information is provided to the new lawyer and mentor. These relationships are managed in adherence with all professional ethics and standards, particularly “Ethical Issues in Lawyer-to-Lawyer Consultation,” Formal Opinion 98-411, issued by the American Bar Association Standing Committee on Ethics and Professional Responsibility, August 30, 1998. Lawyer-2-Lawyer is a year-long relationship of mentoring over the course of multiple inperson meetings. There is no cost for the new admittee to participate in Lawyer-2-Lawyer. The areas of experience mentors are often asked to share include client relations; adherence to the Rules of Professional Conduct; the development of networking skills; law office management and economics, and particularly oversight of a practice trust account; work-life balance; development of skills; and transition to private practice, among others. Overall, a mentor is expected to be able to offer professional, ethical, and practical assistance to the new lawyer. Mentoring provides support that new lawyers need as they leave their academic lives behind and encounter the real-life challenges of practicing law. A mentor can assist with skills development, serving as an advisor and role model. A mentor’s guidance can be extremely helpful as the new lawyer undertakes the demands of a new workplace and assumes the identity of a legal professional. The Association takes pride in this initiative to foster young lawyer development and service to the profession. n

Vol. 47 No. 2/Spring 2012 The Arkansas Lawyer

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Association News 2012 Mock Trial Competition

▲ Front row l to r: Joseph Hwang and Sarthak Garg; Second row l to r: Madison Perry, Ian Goza, Drew Ricciardone, John Harpool, Astha Mittal, Kathy Holladay, Tom Womack, Muhammad Abu-Rmaileh, and Clarke Tucke Volunteers: Bryan A. Achorn David George Allen Amanda J. Andrews Jonathan E. Baker Paul T. Bennett Nathan Randal Bogart Byron Wade Bowen Ali Michelle Brady Anthony Bryce Brewer Kate Bridges Douglas Wayne Brimhall Earnest E. Brown, Jr. S. Wittington Brown Joshua S. Bryant Tiffany L. Burnett Kara Lynn Byars Mary C. Caroom Paula J. Casey David Mayo Clark Raney E. Coleman Cathleen Compton James O. Cox Brandon Michael Crawford Julie L. Cullen Don N. Curdie Beth M. Deere Jodi Raines Dennis Natalie J. Dickson Austin H. Easley Laura Dyer Elkins 6

The Arkansas Lawyer

Horace J. Fikes, Jr. Shannon Foster Teresa M. Franklin Donna L. Gay Gilbert L. Glover Charles Scott Gorman Tiffany Hale M. Scott Hall Kelly Anne Halstead Brandon J. Harrison Floyd A. Healy Dallas W. Heltz Kevin L. Hickey Samuel S. High Anthony A. Hilliard Johnathan D. Horton Jason C. Hunter Shawn J. Johnson Brian William Johnston Berlin C. Jones Dustin H. Jones F. Parker Jones III Rebecca B. Kane John Lee Kearney Jonathan E. Kelley Valerie L. Kelly Shelly Hogan Koehler Traci H. LaCerra Susan Langley Holly M. Lar David N. Laser Brian R. Lester

www.arkbar.com

Students from Little Rock Central High School prevailed as the winners of the Arkansas Mock Trial Competition held in Little Rock at the Pulaski County Courthouse on Saturday. Eight high school teams composed of more than 50 students contended in the state finals. Central High won the final match in a split decision over last year’s champions Jonesboro High School. The Central High School team competed in the national event in Albuquerque, NM May 3-6, 2012, and placed 38th. Ian Goza, a junior at Little Rock Central High School, was awarded an Outstanding Witness Award for his performance at the National High School Mock Trial Championship. Many thanks to following committee members and volunteers across the state who worked with the students for several months to prepare them for the competition. The Arkansas Bar Association sponsors the competition with additional funding from the Association’s annual sponsors and the Arkansas Bar Foundation.

Lynn D. Lisk Samuel Lisk Richard A. Lusby Michael A. Maggio Krystal A. Mann William C. Mann III Karres Demetrice Manning D. Price Marshall Jr. Peggy Matson Quentin E. May Taura L. McDaniel Mary S. McGowan Anthony L. McMullen Sandy Bailey Moll Barrett S. Moore Patricia Nation Crystal Newton Ross A. Noland Kevin O’Dwyer Mark N. Ohrenberger Anne Elizabeth Orsi Chris L. Palmer Pamela Epperson Panasiuk Jeff Puryear Brian D. Rabal Meredith B. Rebsamen Jill Allyson Reed Bonnie Robertson Damia Shantel Rolfe Terrie L. Root Gwendolyn L. Rucker Jim D. Spears

Daryl Antonet Taylor Samuel Terry Jordan Tinsley Brian A. Vandiver Shannon Holloway Vaughan Joe J. Volpe Karen V. Wallace Matthew D. Wells Phillip Wells Robert Wells Tom D. Womack Jared S. Woodard Robert H. Wyatt, Jr. Jessica S. Yarbrough Danna J. Young Dennis Zolper Participating Schools: Berryville High School Hope High School Huntsville High School Jonesboro High School Little Rock Central High School Marked Tree High School Marshall High School Monticello High School Nettleton High School Newport High School Parkview High School Springdale High School Tuckerman High School Valley Springs High School

Association News

Oyez! Oyez! ACCOLADES Arkansas Bar Association President Tom. D. Womack of Womack, Landis, Phelps & McNeill, P.A. in Jonesboro, was awarded the Champion of Justice Award from Legal Aid of Arkansas for his pro bono work in 2011. Legal Aid also awarded Ray Bunch, Rick Hebar, Josh Meister and Mary Schneider as Volunteer Attorneys of the Year. Douglas M. Carson of Daily & Woods, PLLC in Fort Smith was selected as one of five attorneys from across the United States to judge and score the briefs for the final rounds of the American Bar Association’s National Appellate Advocacy Competition. Cathy Underwood received the Faculty Star Award from Pulaski Technical College for the 20112012 academic year. APPOINTMENTS AND ELECTIONS J. Shepherd Russell III and Price C. Gardner have been elected as Chairman and Vice chairman respectively of Friday, Eldredge & Clark. In July of 2011, Amy Grimes was sworn in as an Administrative Law Judge for the Arkansas Workers’ Compensation. The Arkansas House of Representatives elected Representative Darrin Williams of Carney Williams in Little Rock to serve as Speaker-designate of the 88th General Assembly. UALR William H. Bowen School of Law named Paula Casey, a professor at the law school, interim dean effective July 1, 2012. Bilenda Harris-Ritter of Ritter Law in Maumelle has been selected for a two-year term on the National Organization for Victim Assistance Board of Directors. Andrea Woods of Nabholz Construction Services in Conway was recently voted onto the board for Conway Regional Health System. Brenda Stallings was appointed by President Tom Womack to represent the Association on the Legislative Task Force on Abused and Neglected Children. The Jefferson County Bar Association has elected the following officers for 2012: Thomas Brown, President; Zachary Taylor, Vice President; and John L. Rush, Secretary-Treasurer. Wm. R. “Bill” Stringfellow has been appointed to a four-year term by the Presidents Council as a Member of the Arkansas Commission for Coordination of Educational Efforts. U.S. District Court Judge P.K. Holmes III was named the chief judge of the U.S. District court for the Western District of Arkansas. The U.S. Senate confirmed Kris Baker as a federal judge for the Eastern District of Arkansas. WORD ABOUT TOWN Baim, Gunti, Mouser & Worsham, PLC in Hot Springs announced that Ashley Wright Naramore has joined the firm. The city of Bryant hired Richard “Chris” Madison as staff attorney. Andrea Woods has been promoted to the position of Executive Vice President of Nabholz Construction Services. Anthony Johnson of Butler, Horn, Nye & Johnson in Little Rock was featured in the latest issue of The American Bar Association’s ABA Journal for “Techiest Lawyers.” Vicki S. Vasser was recently named a partner in the law firm of Matthews, Campbell, Rhoads, McClure, & Thompson, PA in Rogers. William Z. White announced that he opened the law practice of William Z. White, Attorney and Counselor at Law, in Heber Springs. Ginger L. Harper will continue practicing law in Heber Springs as Ginger Lewellyn Harper, Attorney at Law. Richard H. Mays will continue to practice at the location of the former Mays & White, PLLC in Heber Springs. The McMullan Law Firm announced that Serena Thompson Green joined the firm as an associate attorney. Memphis attorney Minton P. Mayer has joined Wiseman Ashworth Law Group, PLC as Of Counsel. We encourage you to submit information for publication in Oyez! Oyez! Please send to ahubbard@arkbar.com.

Arkansas Bar Association President Tom. D. Womack of Womack, Landis, Phelps & McNeill, P.A. in Jonesboro, (pictured right) was awarded the Champion of Justice Award from Legal Aid of Arkansas for his pro bono work in 2011. President-Elect Charlie Harwell (pictured left) presented the award to Womack.

Whaley

Stuart Whaley, Association member and professional software developer, created the first interactive pro bono mobile service application “iProBono” for Arkansas Access to Justice. More information can be found at http:// www.arlegalservices.org/probono. Whaley also recently created an app for the 18 & Life to Go: A Legal Handbook for Young Arkansans.

l to r: YLS Chair-Elect Vicki Vasser, Leadership Graduate Hannah Pinter and Steve Clark, President/CEO, Fayetteville Chamber of Commerce The Arkansas Bar Association Young Lawyers Section distributed copies of 18 & Life to Go: A Legal Handbook for Young Arkansans to the recent graduates of the Fayetteville Chamber of Commerce Teen Leadership Graduation in March.

Vol. 47 No. 2/Spring 2012 The Arkansas Lawyer

7

Arkansas Bar Foundation A Call to Fellowship Membership as an Arkansas Bar Foundation Fellow is a chance to give something back to the profession and the community as a whole. Membership as a Fellow makes you a part of a worthwhile charitable law-related organization. You will have a voice at all Foundation Membership meetings, invitations to mid year and annual Fellows’ Dinners, recognition in the annual report, and inclusion of your photo in The Hall of Fellows at the Arkansas Bar Center. A pledge of $2,000 payable over a five year period affords you the opportunity to become a Fellow of the Arkansas Bar Foundation for a lifetime. To join the Foundation, please call Ann Pyle at 501.375.4606.

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The Arkansas Lawyer

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May 2012: 685 Fellowss

June 2011: 617 Fellows

Young Lawyers Section Report

by Brian M. Clary

Serving our Community & Bar As my year as YLS Chair draws to a close, I have had the opportunity to reflect on the diverse regions that I have visited across the state. While the landscapes were many and varied, each area shared a common denominator…(young) lawyers who regularly contribute to the legal profession and their communities. One of our most successful events this year, the College Road Tour, took us to Philander Smith College and the University of Arkansas at Pine Bluff. A group of YLS members spoke to almost 100 undergraduate students who were interested in the law and attending law school. A majority of the students had never met an attorney and were excited about the chance to meet with our members one on one. YLS members shared their experiences as lawyers and their own paths to law school. It was heartening to hear so many positive stories about our profession. The College Road Tour will continue next year. We hope that we can visit more schools and more students. Our efforts with the College Road Tour have been recognized by the American Bar Association. Arkansas YLS is one of four finalists competing for a grant

College Road Tour at Philander Smith College

to increase diversity in the legal profession. Another successful, statewide project for YLS has been distribution of 18 & Life to Go: A Legal Handbook for Young Arkansans. The handbook has been distributed to young adults in every bar district at community colleges, high schools, and leadership groups. We are excited to announce that the handbook is now available as an application for iPhone and iPad. We have also had a number of smaller events. A dog wash for the Pulaski County Humane Society, food sorting at the Arkansas Rice Depot, judging a high school moot court competition in Jonesboro, and helping the needy in Northwest Arkansas demonstrate our commitment not only to serving the law, but also the communities where we live and work. The work of YLS and the Association is truly a local and statewide effort. I have been honored to be a part of it. None of our efforts would have been successful without the support of the YLS Executive Council and the Association’s leadership and staff. I owe a great deal of my accomplishments to their hard work and dedication. I thank them. On another note, the 114th Annual Meeting will be held in Hot Springs in early June. YLS and Dover Dixon Horne PLLC sponsor a number of CLE courses and events for the Association on Friday, June 8. Our keynote speaker this year is Steve Clark, President/CEO of the Fayetteville Chamber of Commerce. Mr. Clark’s topic “Volunteer – Catalyst? Engine? or Victim?” will address the legal profession and lawyering in the 21st century within the Annual Meeting’s theme of Strengthening our Profession.

Following Mr. Clark’s address, YLS will hold its annual business meeting for all young lawyers. Join us at the meeting as we welcome our new YLS Chair, Vicki Vasser, of Rogers, and hear her plans for the upcoming year. We will also hold a number of elections for leadership positions within YLS, including Chair-Elect. The Chair-Elect will be selected from District B (Pulaski County). Be on the lookout for the next issue of YLS In Brief to see information on our candidates and voting. YLS hosts the Friday evening entertainment in the Arlington Hotel lobby from 8 p.m. to midnight. The Annual Meeting is a great time to visit old friends, meet new ones, and have a moderate to excessive amount of fun. See you in Hot Springs! n

YLS Party at the Arkansas Bar Association

Annual Meeting 2012

Friday, June 8, 2012 Evening Entertainment – Disk Jockey! Join the Young Lawyers Section in the Arlington Hotel Lobby from 8:00 p.m. until midnight with a talented DJ playing a variety of favorites.

Vol. 47 No. 2/Spring 2012 The Arkansas Lawyer

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Goings v. Mills, The First Case (Literally): A Retrospective on the First Case Decided by the Arkansas Supreme Court after Statehood

Photos from Pike’s Reporter courtesy of the Arkansas Supreme Court Historical Society. Photo of Albert Pike courtesy of LC Prints and Photographs Online Catalog, Library of Congress

T

By J. Cliff McKinney II he State of Arkansas celebrated its 175th birthday on June 15, 2011. In January 2012, the

Arkansas Supreme Court celebrated the anniversary of its first published decision after statehood. In honor of this anniversary, it is fitting to reflect on the first case. To prepare for this article, I went to the UALR William H. Bowen Law School library to find the oldest volume

of the Arkansas Reports expecting to find some arcane case dealing with some obscure legal issue that no longer has any relationship to the way that we practice law today. Instead, I found a lengthy case that is not too different from cases that play out regularly still today—a case involving a breach of contract claim for failure to repay a promissory note, a dispute over the enforceability of a default judgment, and a failure to perfect an appeal and questions of procedure. The literal first case, Goings v. Mills, is found in Pike’s Reporter, the predecessor to the current Arkansas Reports, which was published by the first official Arkansas Supreme Court Reporter, Albert Pike. Albert Pike was one of the most intriguing characters in Arkansas history. A noted attorney, Mr. Pike created the first Arkansas Form Book for lawyers and published and annotated the decisions of the Arkansas Supreme Court for the first few years of its existence after statehood. Mr. Pike also had a military career, though it was less than successful. His service during the Mexican-American War was highlighted by the editorials he sent back to be published in the Arkansas Gazette criticizing his commanding officers. Upon returning to Arkansas, one of his former commanders challenged him to a dual, but neither party could aim well enough to hit the other before the dual ended. He also served as a Confederate general, but he lost complete control of his forces during the Battle of Pea Ridge. His career highlight during the Civil War was getting himself arrested by his own side for insubordination and treason, at least in part arising from his ineptitude on the battlefield. Later in life, he became the leader of the Freemasons and was successful enough in that endeavor to be the only former Confederate general honored with a statue in Washington, D.C. for his efforts with the group.1 At the time of Goings v. Mills, the Arkansas Supreme Court had 10

The Arkansas Lawyer

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three members: Chief Justice Daniel Ringo, Justice Townsend Dickinson and Justice Thomas J. Lacy. Chief Justice Daniel Ringo later went on to serve as a federal district judge. He played a significant role in the division of Arkansas into two federal judicial districts. Goings v. Mills was an appeal from a decision by the Pulaski County Circuit Court. Ms. Albert Pike Goings was represented by an attorney named Mr. Scott. Mr. Mills was represented by an attorney named Mr. Hall. Unfortunately, the case did not identify the first name of either attorney. The case arose over a failure by Mr. James Mills to repay a promissory note in the amount of $30.50 payable to Ms. Lucy Goings. Ms. Goings sued Mr. Mills in a complaint filed with John Hutt, a Justice of the Peace (Justice of the Peace John Hutt later went on to be appointed by the legislature to serve from 1838 to 1843 as the state’s second Treasurer2). Mr. Mills was served with the complaint on May 11, 1835,

and had 10 days to answer under the rules in place at the time. Mr. Mills failed to answer, and, on May 21, 1835, the Justice of the Peace entered a default judgment in the amount of the debt plus attorneys’ fees and costs in the amount of $0.68. On October 26, 1835, Mr. Mills appealed the default judgment to the Pulaski County Circuit Court. Mr. Mills also paid $30.00 to the Constable of the Big Rock Township of Little Rock and received a receipt that read, “Received of Mr. James Mills thirty dollars on account of Lucy Goings’ suit brought before JOHN HUTT, Esquire, on a note of hand for thirty dollars and fifty cents. /s/ JAMES F. JOHNSON, Constable of Big Rock Township.” On January 22, 1836, the Pulaski County Circuit Court issued a peremptory mandamus order to the Justice of the Peace requiring him to grant an appeal and send the proceedings and papers to the Circuit Court. The Justice of the Peace sent a certified transcript of the proceedings on his docket along with the original papers in the cause to the Circuit Court. However, for some reason unclear from the decision, the Justice of the Peace did not hear the appeal. Instead, the Circuit Court took up the appeal and decided to try the case upon its merits. The Circuit Judge ruled in favor of Mr. Mills, relying on the receipt from the Constable that the debt was now paid. Ms. Goings appealed the Circuit Court’s decision to the Arkansas Supreme Court. The Supreme Court considered four points on appeal: 1) Whether the Circuit Court properly heard the appeal when 30 days had already elapsed after entry of the default judgment; 2) Whether the Circuit Court had jurisdiction to hear the appeal; 3) Whether the Constable was authorized to accept payment of the debt; and 4) Whether payment of only $30.00 was sufficient to satisfy the debt when the amount owed was $30.50 plus $0.68 in attorneys’ fees and costs. The Arkansas Supreme Court reversed the Pulaski County Circuit Court on all four points. Structurally, the published opinion began with a lengthy headnote drafted by Albert Pike summarizing the holdings of the Supreme Court. The actual opinion began with a paragraph summarizing the four points on appeal. The decision then summarized the legal arguments of the plaintiff followed by a summarization of the defendant’s arguments. The decision then provided the opinion of the Court, authored by Chief Justice Ringo. Of notable absence in the opinion was a reference to case law the way we are used to seeing it. Understandably, this being the first case, there were no prior published Arkansas decisions to cite, but it was somewhat surprising that there were no references to opinions of other states or the federal courts. The decision referenced Chitty on Contracts, a legal treatise which began in 1826 and remains in publication today. The decision also referenced Steele’s Digest, which contained the legislation adopted by the state. For the first point on appeal, the Supreme Court found that the Circuit Court did not have the authority to hear the case since the appeal was not made within 30 days after entry of the default judgment. The Court cited a statute in Steele’s Digest, page 374, sec. 57, which was adopted by the Territorial Legislature of Arkansas on November 3, 1831. The Supreme Court summarized the statute by saying that it “provides that in all cases within the jurisdiction of a Justice of the Peace, any person who may think himself or herself aggrieved by the judgment of the Justice or verdict of the jury, shall have liberty to appeal therefrom, within 30 days after the rendition of the judgment, to the next Circuit Court of the county where such judgment was rendered….”

“While I doubt that any reader will cite this case in a brief anytime soon, hopefully there is some value to considering a case whose facts began before statehood. Our forefathers in the legal community dealt with issues not too dissimilar from those issues we deal with today. Perhaps reflecting on this will help us feel more connected through the 175 years of Arkansas’s legal tradition.” Based on this statute, the Supreme Court determined, “[T]he right [to appeal] ceases upon the expiration of 30 days from the rendition of the judgment, and the party loses all the advantages which he could have derived from the exercise of his right of appeal within the time prescribed, and he will be presumed to have acquiesced in the verdict of the jury or judgment of the Justice.” The Supreme Court concluded, “Hence it results that an appeal granted after the lapse of 30 days from the rendition of the Justice’s judgment would be unauthorized and void, and could not warrant the Circuit Court in assuming jurisdiction to try and determine the cause on its own merits.” As dicta, the Supreme Court indicated that the Circuit Court could have struck the default judgment and remanded it back to the Justice of the Peace beyond the thirty day period upon finding that the default judgment was improperly issued. However, the Circuit Court did not find the original default judgment improper, and there were no facts in the record to support such a finding. For the second point on appeal, the Supreme Court found that the Circuit Court had no authority to hear an appeal not first pled in the lower court. Mr. Mills should have first appealed to the Justice of the Peace. An appeal denied by the Justice of the Peace would then be appealable to the Circuit Court. The Supreme Court found that Mr. Mills failed to exhaust his remedies at the lower court before appeal-

J. Cliff McKinney II is a transactional attorney with Quattlebaum, Grooms, Tull & Burrow PLLC in Little Rock

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ing to the Circuit Court, making the Circuit Court’s decision improper. The Supreme Court also noted that Mr. Mills failed to post the $100 bond required to appeal the Justice of the Peace decision. Instead, Mr. Mills only posted $50 of the bond, which the Circuit Court accepted as sufficient for some unexplained reason. The Supreme Court concluded, “We are therefore of opinion that the mandamus [i.e., the appeal] was irregularly and improvidently issued, and that the Circuit Court erred in taking cognizance of and proceeding to try the cause on its merits.” The Supreme Court went on to say, “No appeal appears to have been prayed or security given as required by law, which must have been done before the Court could legally have taken cognizance of the cause.” For the third point on appeal, the Supreme Court found that the Constable had no authority to accept payment of the debt on behalf of Ms. Goings. The Court was clearly perplexed by the notion that paying the Constable, instead of the creditor/plaintiff, was proper. The Court could find no authority whatsoever to authorize the Constable to accept the payment. The Court concluded, “[T]he defendant in making payment was (as all debtors are) bound to see that the person to whom he made the payment had a sufficient authority to receive it: otherwise the Law considers it as no payment, and obliges him to abide by the consequences of his own error, against which every person in the exercise of a prudential care, such as he is by law required to exercise, may be protected by requiring the person to whom the payment is about to be made to produce a sufficient authority to receive it before he parts with his money.”

The Old Statehouse Courtesy of the Arkansas History Commission and the Encyclopedia of Arkansas

“When Arkansas joined the union in 1836, the Supreme Court was created by the state constitution. There were three justices until 1889, when the legislature increased the number to five. Expansion to the current seven positions came by way of voter-approved constitutional amendment in 1925. The Court met at the Old Statehouse until 1912 when it moved to the new Capitol Building. In 1958, the Court moved again to its current home at the Justice Building. The Old Supreme Court Chamber has recently been restored and has been preserved as a courtroom.” From the Administrative Office of the Courts

For the fourth point on appeal, the Supreme Court found that paying $30.00 of the debt was insufficient. The Court stated, “In considering the third and fourth assignments of errors, especially the latter, we have been at a loss to conceive upon what principle the receipt for thirty dollars (if admissible at all as evidence) could have been held by the Circuit Court to be a full payment and satisfaction of the plaintiff’s demand for $30 50 [sic—$30.50], besides the interest accrued thereon, which amounted to about sixty-eight cents, and the costs of suit.” The Court also stated, “[I]t is understood to be a principle well settled that if a party attempts to plead a payment made after suit commenced in bar of the action, he must show a full payment, not only of the whole debt and interest, but also of all costs accrued in the suit. This is not shown by the receipt in question; and there can be no doubt that the Court erred in deciding that it was sufficient evidence of full payment of the plaintiff’s demand.” After ruling for Ms. Goings on all four courts, the Supreme Court reversed the Pulaski County Circuit Clerk and remanded the case for further proceedings consistent with the Supreme Court’s decision. The Supreme Court stated, “The judgment of the Circuit Court must consequently be reversed, annulled, and set aside, with costs, and the cause to be remanded to the Circuit Court of Pulaski county [sic], with directions to the Circuit Court to dismiss and strike the cause from the docket for the want of jurisdiction to try the same; and to remit the original papers The First Case continued on page 45

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Yesterday, Today and Tomorrow: The Legal Profession Past Present & Future Radio Interview From Three Generations of Lawyers

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rom virtually no debt after law school to $80,000 in debt, more than the price of the education has changed for lawyers coming out of law school over the past 45 years. The one thing that remains the same, however, is the lawyers’ pledge to advance the administration of justice. “What kind of society did our older lawyers serve, and how have young lawyers in the middle and young generations adjusted to this brave new world as it’s called?” asked Phil Mariage, producer and host of the radio program Yesterday, Today and Tomorrow. Since this issue of The Arkansas Lawyer has a historical component including the first case decided by the Arkansas Supreme Court and the history of The Arkansas Lawyer magazine, it seems fitting to include excerpts from the transcript from the radio program Yesterday, Today and Tomorrow1 that featured the viewpoints of three Arkansas lawyers on the legal profession. Topics discussed included the cost of legal education, specialization, civility, advertising and the business of law. Mariage interviewed Judge John Stroud,2 Richard Ramsay3 and Gwendolyn Rucker.4 Stroud graduated law school in 1959, Ramsay graduated in 1977 and Rucker graduated in 2002. The host’s questions are in bold italic.

Thinking about when you took the bar in 1959, as a young person, what was the nature of being a lawyer when you came into the bar? Stroud: It was something I’d always wanted to do and I think it was considered a very noble and honorable profession. By far, the majority of legislators in Arkansas were attorneys and I think the majority of the members of Congress were attorneys. In most fields, the leaders and the statesmen were attorneys and it was a general feeling and a general acceptance of most people that it was a profession that was sought. When people walked into your office when you first started, what kind of cases were you working on? What were people needing done in the way of law work then? Stroud: It was a great variety. Certainly there was no “specialization.” You welcomed anyone that came and you did various types of cases, mainly civil. At first certainly not representing insurance companies. They would go to the older attorneys, so it was a varied practice. And that was true generally among the lawyers in the late 50s and 60s except for the firms. The firms would have sufficient numbers to begin specializations. Do you remember what your education cost by comparison? I know we’ll hear it from the others. Was it expensive then? Stroud: I had the GI bill, and I don’t remember what the tuition was, but it was not enormous. Not like what we’ll hear in a few minutes. Stroud: No, we had no debt when we got out and I understand debt is typical nowdays. Well, let’s move up to Rick Ramsay in the middle generation. What was the start of your career like in 1977 by comparison to John’s? 14

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Ramsay: It was an interesting period in our history. The primary focus probably would have been the conclusion of the Vietnam War. That had happened just a few years earlier when I was starting law school. You were starting to see more social issues that were coming about that affected the practice of law. You had a generation of folks who had been exposed to a turbulent time in the 60s and you had the expansion of the ACLU. You had other causes like Green Peace and socially conscious ideas that kind of opened up a whole new area of law for a lot of people. Maybe because of the Vietnam War you also saw an explosion of the numbers of people who were applying to law school, and so the numbers of lawyers who were coming out of school in my generation in the late 70s was much larger than it was in John’s day. What was your education in terms of cost? Was it expensive in your time? Ramsay: Terribly expensive. It was $200 a semester for tuition. Oh, that’s terrible. Ramsay: Having children in college now, I can tell you that it’s $200 per credit hour, so inflation has definitely hit us. Well, let’s move up to Gwendolyn Rucker and the younger generation. Now Gwendolyn, you just came out in 2002, a very interesting year. Of course, we just passed 9/11 which has changed society. We’ve got the run up to the war going on and everything that has happened and just really in our immediate consciousness. What were your expectations as you came out of school? How has law changed or what did you expect? Rucker: It was interesting. I think for me, my whole thing was getting into government law. I always knew that I wanted to do public service-type work. I had no expectations. I wasn’t thinking of going to a firm or anything like that. I always knew I wanted to be an attorney.

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Litigators - Need an experienced mediator or arbitrator? Over 650 preeminent attorneys & former judges in 40 states. View profiles and calendars online at www.NADN.org/directory We didn’t have any attorneys in my family and I had no exposure to attorneys growing up. It’s just what I knew I wanted to do and I always told everybody that’s what I was going to do. During law school they started joint degree programs, and my last year of law they added the joint degree of public administration. So I thought that since I wanted to do government work that this is something that I think would help me reach those goals. As you were talking about debt and those things that are on our mind, I said “Okay, I’m going to go ahead and get my masters’ degree on top of my law degree.” So, I think it was a valuable experience for me, and I’m glad that I did it. For me it was just something that I always knew that I was going to do and so I just guided my path in that direction. So you’re a fairly recent grad of law school. What are the expenses involved now for somebody who is listening and thinking, “maybe I’d like to do that”? What can they expect currently? Rucker: Currently, coming out of law school, especially my class, I would say they can expect anywhere from $60,000 to $80,000 in student loan debt if you don’t do scholarships. You do scholarships, in the sense that if you’re a full-time law student you shouldn’t work. In your first year actually you’re required not to work, so in order to live you sometimes have to take out those loans to make expenses and things happen. I heard in your comments that as you were talking about school, it sounded like there was or maybe still is a little bit of specialization that’s given in the education? Am I right about that, where you can kind of specialize even in school? Rucker: Well you have to take the general 16

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required classes, but of course, later in your years if there is a particular subject that you know you’re particularly interested in, then you can take classes that kind of are geared towards that specific area of law. Well, Rick Ramsay, was that available even when you were in school? Did they point you in different directions? Ramsay: Not really. I was more like in John’s generation where it was just a broad overview. Specialization probably started taking hold about the time that I was coming along because the law had gotten more sophisticated in various areas of legislation and because of that the school would adapt later to more specialized fields, but in the actual practice specialization really started, I would say, in the late 70s. Well, John Stroud, I guess specialization was just a part of the experience in your generation. Stroud: That’s right. There were a lot I remember taking oil and gas, which is a specialized course, but one course. And I certainly would not be capable of entering the practice of oil and gas, so it was a general education to prepare you to go into practice and then find a niche as based on experience. Hearing also, John, that experience was beginning to add up in your profession as an attorney, and I am wondering as you are surmising about that, did you have a group of older attorneys even when you were coming up that you guys leaned on for their experience? Because it sounds like you’re becoming the ones now that are having the experience. Stroud: Yes, absolutely. There were attorneys there, Conway and Weber, that were in

the bank building where most of the attorneys were. We really didn’t know very much of “how.” We learned and studied cases and principles and issues, but not the “how.” And so we would go to those attorneys and they would give us a file to get us started. One attorney there, Ned Stewart, came and set our books up, which were pretty simple. One side was what came in – the other side was expenses. We certainly turned to older attorneys for help and they were helpful. Gwendolyn Rucker, as you’re listening to these two fellows talk, and you’re a young attorney starting out, are you leaning on older attorneys, even in your public service area? Rucker: Absolutely, I think that’s still the case. When you get out of law school you learn how to analyze, and tend to do the writing, but you still don’t necessarily know how to do the “how.” So we rely a lot on the experience of those who have gone before us and have become our mentors to help us learn how to do the “how.” I don’t want to use one of your terms, I guess lead you into an answer here, but I guess I’m asking, did you notice anything about the society in general and I guess I’m using a generalization here that I’ve heard before, that things were pretty stable in your day? That society was pretty stable? So I am throwing the direction of my question to Rick and Gwen. In the area of people law, civil law or divorce for an example, has there been a change in society that you guys have noticed from your side of the law? Stroud: Things were definitely more stable in those days and simple, less complicated. Divorce was divorce. Stroud: Yes, the law was simpler. We didn’t have a uniform commercial code; that’s changed that part of the practice significantly. But it has become more complicated. Ramsay: I think that as the years have passed and the American economy has expanded greatly, you’re dealing with issues today that are probably a lot bigger dollar wise than might have occurred during John’s era. In addition to that, with the complexity, the vehicles that people use to handle their business, it creates more issues that arise in the civil litigation field certainly. As a society, perhaps we are more litigious than we used to be, and so you’re seeing a lot more opportunity for problems to arise and therefore a lot more need to have counsel involved in your business activities.

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Refer to Law Offices of Gary Green, P.A. We Share the Work We Pay the Costs We Pay 1/3 Associate Counsel Fees In Compliance With Rule 1.5(e) of the Arkansas Model Rules of Professional Conduct

Personal Injury Product Liability Medical Negligence Nursing Home Cases 1001 La Harpe Blvd., Little Rock, AR 72201 501-224-7400 1-888-4GARY GREEN (442-7947) www.gGreen.com ggreen@gGreen.com Rucker: I see that as well, what Rick said. More litigious, definitely. Maybe that’s just a sign of the times. Now with internet and the environment and tort reform, and all these things, I think people are just more apt to file a suit these days for one reason or another. Speaking of that, the thought crosses my mind about golf, where everybody seems to be pretty kind to each other while they are playing a round of golf. And that was one of the topics we had a few weeks back, but in the case where you guys are handling cases, are people as nice to each other or are you running into them not being so nice anymore? Rucker: I think it’s a profession where people respect each other. There’s not a “gotch ya” in there somewhere? I’m hearing “gotch ya” coming from your generation, because you had to watch out for “gotch ya” a lot more than maybe Rick did or John did. Am I accurate about that? Ramsay: I think you are accurate. In John’s day, and I’ll let him speak to it of course, but I think that there was more professionalism and honor among the practitioners where if I called John and said, “I’ve got a problem. Can you help me?” In fact yes, he would agree readily. Even in my short 31 years I have seen a pretty big shift in the way in which we deal with each 18

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other, and some of that is because there are more rules now than there were then. There’s more opportunity to have a problem perhaps, and I think that there is a more aggressive nature, and maybe even being more zealous in the representation of your client, rather than having the cordial relationships that we might have had during John’s generation. John, your thoughts on that. Stroud: I totally agree with what has been said. We didn’t have the fractiousness very often. Now, sometimes the clients would be, and in fact I have heard many clients say that they like their attorney but they don’t like the other attorney, and they expected their attorney to also dislike. Some had trouble maybe understanding when the attorneys would be at each other, and then go to lunch. But it was really not nearly the intensity with interrogatories and admissions, and, well it was different. I think when I began, law was more of a profession and it has evolved into more of a business. I think when the Supreme Court authorized legalized advertising it began a slow trend, because advertising works. It has indicated that with the growth of firms that do advertise, and do mainly plaintiffs work. amsay: I agree with John to the extent that advertising has taken a little bit out of the professional aspects of it and made it more like an

ordinary type of business. When I started your choices in advertising were to have the regular size type in the yellow pages or bold type, and that was about the only advertising you could do. The advent of lawyer advertising has dramatically changed, I think not only the way the profession is, but also the way that people in the public view the profession. Gwendolyn Rucker, do the people in your generation, people your age, how does the business end of the law profession impact you guys? Do you have to think about the business of things all together? Is that where your motivations are, or are you able to move away from that? Rucker: Absolutely, I think that that’s the same. I was just talking to some young lawyers who have just finished law school who opened their own practice and they have to be concerned about getting clients, and also of making sure they comply with the rules of professional conduct and advertising rules, trust account rules, etc. There are a lot of rules out there that you have to follow and you want to make sure that you do everything correctly. I think there is still a concern out there. But what I do see more often now are lawyers competing with all of the online LegalZones and there are other people out there in the state who hold themselves out to be paralegals and legal assistants who try to help people in the public for what they consider to be a cost lower than attorneys, and that has become a growing problem in our state. Rick Ramsay, let me ask you from the middle generation’s perspective; you mentioned coming up during Vietnam and all the social things that our generation, of which I am a part of too, that we were really motivated for a lot of things that have become political issues. Has the law profession run parallel with these social issues to the point where law and politics are pretty much inseparable? Ramsay: I think it does. The training you get as a lawyer and the exposure you get to different aspects of society when you practice law, helps formulate someone who naturally could gravitate to those social issues. I agree with John about the problem with the lack of attorneys in our legislature. I think term limits have something to do with that because those in our profession who might be willing to sacrifice a part of their practice to take the Yesterday continued on page 46

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years of The Arkansas Lawyer magazine

The first issue of The Arkansas Lawyer magazine was published in June 1967 with a letter from Governor Wintrhop Rockefellor congratulating the Association on the magazine and an introduction from Maurice Cathey, Arkansas Bar Association President 1967-1977. Below are excerpts from the introduction.

Publication of The Arkansas Lawyer is a significant event in the Arkansas Bar Association history, providing, for the first time, an attractive format for adequate communication between Arkansas lawyers and their professional association. The absence of such a medium has heretofore prevented full understanding by the individual lawyers in Arkansas as to what their association officers are trying to do in their behalf. Aside from reporting bar activities and issues with which the bar association is involved, The Arkansas Lawyer can perform a valuable function in another area: publicizing the contributions made by lawyers in activities outside the law practice. We have taken for granted too often the many accomplishments of Arkansas lawyers in non-legal areas and tend to forget the full impact of Arkansas lawyers upon the society of which they are a part. The Arkansas Lawyer should remind us of these contributions and, in so doing, build up our morale as members of an honorable and active profession.

View electronic copies of the archived issues at http://issuu.com/arkansas_bar_association.

January 1974 issue with photo of the new Arkansas Bar Center located at 400 West Markham in Little Rock.

 January 1992 issue with a cover celebrating 25 years of The Arkansas Lawyer magazine.

 Special Centennial issue published in 1998 celebrating the centennial year of the Arkansas Bar Association.

Spring 2007 issue with photo of the new Arkansas Bar Center located at 2224 Cottondale Lane in Little Rock.

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Member Spotlight — Attorneys and Their Pets Beyond the Bar

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1. Judge Bill Wilson on one of his mules, Backyard Ben, at his Rasputin Mule Farm. 2. Fred Ursery with his dogs Jacob (left) and Corky. 3. Peter Kumpe with two of his five chickens. 4. Hester Criswell with her dog Nemo. 5. Bianca Rucker with her step-daughter Sadie and their two dogs Lucy (left) and Gary. 6. Kayla Barnett and Ryan Applegate with their dog Bailee. 7. Tasha and Andy Taylor with their dog Barney. 8. Paul Prater with his daughter Ruby and horse Reno. 9. George Ritter with his “black letter law cat,” Zorro. 10. Harry Light is pictured with his dog Daisy, adopted from CARE for Animals in January 2010. Harry co-founded CARE in 1998 and rescued Daisy from the Cabot Animal Shelter. “She is a ‘velcro dog’ and never leaves my side when I am home. No matter what kind of stressful day I have had Daisy puts a smile on my face when I walk through the door where she is always waiting with her tail wagging.” 11. Jobi Teague with his English Bulldog Bentley. Bentley was voted Northeast Arkansas’s Humane Society’s “Pet of the Year” in 2011, having raised more money than any other pet in Northeast Arkansas for their yearly calendar sales to raise awareness for abused and sheltered animals that need adoption. 12. Lisa Kelley with her dog Baxter. Baxter comes to Lisa’s law office every day and is well known around Bentonville. “He is wonderful with clients, greeting them at the door with a toy. It is a great ice-breaker, especially when having to discuss sensitive topics.” Baxter is also in training to be a therapy dog at the Circle of Life Hospice where Lisa volunteers with patients and does pro bono wills and powers of attorney for residents. 13. Vicki Vasser and her dog Juanita. 14. Michael S. Moore with his African Grey Parrot Charlie. 15. Sherri Stewart and her Scottish Terrier Heather Skye. 16. D. Renee Price with her dog Nico.

Top 20

Leading Trial Lawyers in the nation David H. Williams Newsweek magazine selected David H. Williams out of thousands of eligible attorneys nationwide. The Newsweek research team made its selections, which are featured in the April 23-30 issue, based on three criteria: good standing and accreditation with legal associations, recognition of excellence by media outlets or trade publications, and up-to-date verdicts and settlements of important cases. We are grateful for this recognition and intend to keep up the good work!

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Crystal Bridges, Deaccessioning, and the Law

Photo of the Crystal Bridges Museum of American Art by Timothy Hursley Courtesy of Crystal Bridges Museum of American Art

By Christian H. Brill The Crystal Bridges Museum of American Art, which opened in Bentonville on November 11, 2011, has turned the eyes of the art world to Arkansas. The national press has called Crystal Bridges “the most-talked-about new museum in the United States in a generation,” one which “promises to alter the landscape of art in America.”1 However, the creation of the museum has not been without legal controversy, because of charges that Crystal Bridges—and its founder, Wal-Mart heiress Alice Walton—takes advantage of other institutions facing severe financial strain. In recent years, museums around the country have been challenged by the nation’s economic troubles. Charitable giving has declined and endowments have shrunk. The most logical solution to the financial survival of museums—selling the enormous assets locked up in the art—is also the most problematic. Deaccessioning is the process of removing and selling a work of art from a museum’s collection. The traditional view, embodied by numerous museum ethical guidelines, is that art can only be deaccessioned to purchase other art—never to support a museum’s operating or maintenance expenses. Most states, Arkansas included, have no statutes specifically regulating museum deaccessioning, meaning that institutions are primarily governed by these ethical guidelines. For example, the Arkansas Museum of Discovery is accredited by the American Association of Museums (AAM); in order to maintain its accreditation, it must follow AAM guidelines, including the requirement that “in no event shall [proceeds from the sale of nonliving collections] be used for anything other than acquisition or direct care of collections.”2 Thus, when the museum closed for nine months in 2011 as part of its transition to a science and technology center, it transferred its glass collection, military artifacts, and pottery to other museums rather than selling the objects to raise funds for a new building.3 Most museums also have their own internal guidelines and procedures governing collection maintenance. For example, the Arkansas History Commission can “judiciously deaccession and dispose of archive material from its permanent collection in a manner consistent with professionally accepted standards” after a written request from the State Historian and approval by the AHC members.4 When a struggling institution is forced to act in contrast to these guidelines in order to remain open, it risks the loss of its accreditation and controversy in the art world. Crystal Bridges became involved in just such a controversy in 2005. Nashville’s Fisk 22

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University, facing severe financial distress, announced plans to sell two paintings (including its most famous piece, Georgia O’Keeffe’s Radiator Building-Night, New York). The college planned to use proceeds from the sale to build a new science building, endow professorships, and improve its art museum—not to acquire more art.5 The proposed buyer for Fisk’s paintings was Crystal Bridges. In a 2007 agreement, Crystal Bridges promised to pay $30 million for an undivided 50 percent interest in Fisk’s collection; the paintings would be displayed six months per year at each institution. Before it was implemented, however, a Tennessee trial court ruled that the agreement violated the intent of the donor—artist Georgia O’Keeffe. The court found that O’Keeffe intended to (1) gift her collection as a unitary whole; (2) promote the study of art; (3) make a social statement with a gift to an African-American university; and (4) retain control of the art; as a result, selling a portion of the collection and moving it from Fisk University would violate her intent.6 On appeal in 2009, the Tennessee Court of Appeals applied the cy pres doctrine, which allows judicial reformation of a charitable gift’s terms to accomplish its purposes if changed circumstances make compliance with the express terms impracticable or impossible. Examining correspondence between O’Keeffe and Fisk, this court found that the artist instead intended to “make the Collection available to the public in Nashville and the South for the benefit of those who did not have access to comparable collections to promote the general study of art.”7 Selling paintings did not violate O’Keeffe’s intent per se, as long as changed circumstances made Fisk unable to comply with the terms of the gift. When the case was remanded, the trial court found that

Fayetteville native Christian H. Brill, a member of the Arkansas and Ohio bars, currently practices in Columbus, Ohio. Portions of this piece are based on the author’s article Art or Assets: University Museums and the Future of Deaccessioning, 28 T.M. Cooley L. Rev. 61 (2011).

circumstances had indeed changed since O’Keeffe’s donation. Fisk’s precarious financial footing meant that the university could no longer afford to maintain or display the paintings, and the court allowed the sale to go forward. Fisk was permitted to sell a 50 percent share of the artwork to Crystal Bridges, but the university would not be given full discretionary control of the $30 million proceeds; $20 million would be reserved to create an independent endowment for the collection to ensure that the art remained in Nashville.8 In late 2011, the Tennessee Court of Appeals affirmed the sale agreement but overturned the endowment requirement.9 The Tennessee Supreme Court has let this ruling stand, and the paintings appear The historic Inn at Carnall Hall, located on the University of Arkansas campus, headed for Crystal Bridges at last.10 combines the charm of yesterday with the amenities of today. A great place to It is unsurprising that Fisk involves a stay plus they can accommodate your meeting needs. The Inn is also home to university museum. Conflicts surrounding Ella’s Restaurant and Lambeth Lounge. the sale of art are often most prominent in the setting of university museums, because www.innatcarnallhall.com these institutions exist not independently, 479.582.0400 | 1.800.295.9118 but within the distinct educational mission 465 N. Arkansas Ave., Fayetteville, AR 72701 of the larger university community. In fact, Fisk is not the only deaccessioning controversy to occur in the university setting in about a museum’s deaccessioning policies. Now that courts may recent years, and it is not even the first to involve Crystal Bridges. be more likely to allow sales of donated artifacts, traditional ethical In 2006, Crystal Bridges reached an agreement to buy Thomas guidelines may no longer be enough to prohibit a sale. Eakins’s rarely-viewed Gross Clinic from Philadelphia’s Thomas Second, Fisk is a reminder that the cy pres doctrine should be Jefferson University in Philadelphia for $68 million; the university considered when representing a donor’s interest in a charitable gift. planned to use the proceeds for construction projects, research, and The Arkansas Supreme Court has applied the doctrine to both education. After a public outcry, the people of Philadelphia raised charitable trusts and bequests in order to accomplish the donor’s enough money to keep the painting in the city.11 intent as nearly as possible where the express intent can no longer In other instances, Crystal Bridges could at least be considered a be achieved.15 Judicial reformation of charitable gifts, while rarely potential buyer of deaccessioned artwork from university museums. applied, can always be argued before the bench. Like Fisk, Virginia’s Randolph College prevailed in a court battle Finally, Arkansas lawyers should visit Crystal Bridges. Arkansans and was permitted to sell four paintings in 2008.12 After 2008 no longer have to travel to Kansas City or Dallas to see worldflood damage at the University of Iowa Museum of Art, officials renowned artistic masterpieces. The likely impact of Fisk—allowing and state legislators briefly considered selling Jackson Pollock’s these paintings to be displayed at Crystal Bridges for six months Mural before public opposition halted any further deliberation.13 every year—means improved access to art for new audiences in the In Massachusetts, Brandeis University chose to close its entire art state. Rather than having art hidden in storage and inaccessible to museum rather than violate deaccessioning guidelines; a 2011 court patrons, the Fisk rulings emphasize the importance of actual access settlement ensured that the museum will remain open.14 to art. Influential art is too often confined to the traditional cultural This deaccessioning saga has several important lessons for centers of America, and Arkansans should take advantage of the Arkansas attorneys. First, when assisting clients who wish to donate opportunity to appreciate what has already become a world-class property to a museum, clearly drafted donor agreements are of museum in our own backyard. paramount importance. Most art is donated without strings or explicit constraints on sales (other than the aforementioned ethical Endnotes guidelines). However, as Fisk illustrates, the lack of donor clarity 1. Philip Kennicott, Crystal Bridges in Arkansas: A World-Class Museum in a donor agreement can cause headaches, lawsuits, and contro- from the Land of Wal-Mart, Wash. Post, Oct. 1, 2011; Ken Johnson, versy. A clearly written document ensures that the donor’s wishes Altering Landscapes for Art, N.Y. Times, Sept. 15, 2011. are known and that the museum will abide by those wishes. For 2. Am. Ass’n of Museums, Code of Ethics For Museums (2000), availexample, agreements may explicitly say that a particular piece may able at http://www.aam-us.org/museumresources/ethics/upload/Codenever be sold or may never be sold for operating expenses of the of-Ethics-for-Museums.pdf; see also Ass’n of Coll. & Univ. Museums institution. Attorneys and donors would also be wise to inquire & Galleries, ACUMG Responds to Deaccession Issues (2008),

Life on campus was never this good

Vol. 47 No. 2/Spring 2012 The Arkansas Lawyer

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available at http://www.acumg.org/files/ ACUMGRespondstoDeaccessionIssues.pdf. 3. See Leslie Newell Peacock, Museum Gives Away Treasure!, Ark. Times, Mar. 25, 2010. 4. Arkansas History Commission Rule 1.1(d), available at http://www.ark-ives. com/pdfs/RulesRegs.pdf. 5. Alan Bostick, Fisk to Sell Celebrated O’Keeffe Painting, Tennessean, Dec. 7,

24

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2005, at A1. 6. In re Fisk Univ., No. 05-2994-III, 2008 WL 5347750 (Tenn. Ch. Ct. Feb. 8, 2008), vacated by, Georgia O’Keeffe Found. v. Fisk Univ., 312 S.W.3d 1 (Tenn. Ct. App. 2009). 7. Georgia O’Keeffe Found. v. Fisk Univ., 312 S.W.3d 1, 17 (Tenn. Ct. App. 2009). 8. Memorandum and Order at 25, In re

Fisk Univ., No. 05-2994-III (Tenn. Ch. Ct. Nov. 3, 2010), available at http://www. scribd.com/doc/41027206/New-FiskCrystal-Bridges-Decision. 9. In re Fisk Univ., 2011 Tenn. App. LEXIS 641. 10. Heidi Hunt, TN Supreme Court Clears Way for Fisk Art Sale, Tennessean, Apr. 24, 2012. 11. See Carol Vogel, A Fight to Keep an Eakins Is Waged on Two Fronts: Money and Civic Pride, N.Y. Times, Dec. 15, 2006, at E43; Michael Kimmelman, In the Company of Eakins, N.Y. Times, Jan. 12, 2007, at E39. 12. Dodge v. Trs. of Randolph–Macon Woman’s Coll., 661 S.E.2d 805 (Va. 2008). 13. See Iowa Bd. of Regents, Report on Questions Related to Sale of Jackson Pollock’s 1943 Painting Mural 1, available at http://www.regents.iowa.gov/news/ Pollockquestions1008.pdf; H. Study B. 84, 84th Gen. Assemb. (Iowa 2011). 14. Rose Art Museum Settlement Agreement, June 13, 2011, available at http://www.scribd.com/doc/59064917/ Rose-Art-Museum-Settlement-Agreement. 15. Lowery v. Jones, 272 Ark. 55 (1981). n

Vol. 47 No. 2/Spring 2012 The Arkansas Lawyer

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The U.S. Marshals Museum

Architectural rendering of the U.S. Marshals Museum

By Jim Dunn As I travel the state on behalf of the U.S. Marshals Museum, the biggest misconception I encounter is the belief that the project is a “Fort Smith” museum. It is not. This is a national museum designed by world class architects, Cambridge 7 & Associates and Polk Stanley Wilcox of Little Rock. The USMM’s master plan was created by Christopher Chadbourne and Associates of Boston. These firms have prestigious national and international projects on their resumes. When built, the 50,000 sq. ft. museum will combine the U.S. Marshals Service’s artifacts with technology-based exhibits that bring to life the marshals’ role in preserving a constitutional democracy. Educational and public programs have already reached children and adults in four states. Five months into his presidency, George Washington signed the Judiciary Act of 1789 that created the office of U.S. Marshal, the only law enforcement arm of the federal government. Marshals were instructed “to execute throughout the district, all lawful precepts directed to him, and issued under the authority of the United States.” The 13 original marshals were authorized to appoint deputies and secure “necessary assistance” in the execution of their duties.1 When John Clark, then-Director of the U.S. Marshals Service, announced a campaign to select a site for the USMM in 2005, a group of Fort Smith citizens organized a “steering committee” to persuade Director Clark to select Fort Smith as the site. Fort Smith competed with 16 cities across the nation. There was good reason to select Fort Smith. Seventy-nine marshals, deputies and posse men have been killed in the line of duty out of the Western District of Arkansas, more than any other of the 94 judicial districts in the country. On a cold, wet, dreary November day in 2006, over 1,000 people, including descendants of marshals and outlaws, crowded in the Holiday Inn ballroom at noon to greet the selection committee on their site visit to the community. The USMM is not about Fort Smith, nor Arkansas or Oklahoma— though both states have broad and deep ties to the USMS. Instead it will trace the history of the marshals from their early involvement in historic events such as the 1794 Whiskey Rebellion, to modern events such as the Oklahoma City and World Trade Center bombing trials. Three galleries and a Hall of Honor will tell the story of the marshals. “A Changing Nation” will highlight the marshals’ role in the enforcement of the Fugitive Slave Law in the 1850s, keeping 26

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the peace in the labor strife of the 1890s, and protecting AfricanAmericans as they attended public schools and universities throughout the south in the 1960s. The centerpiece of the “Frontier Marshals” gallery will be a re-creation of the Whitmire schoolhouse, site of the April 1872 “Going Snake Massacre” in which one deputy and seven posse men were killed in a gun fight with Cherokee Indians southwest of Siloam Springs in the Going Snake district of Indian Territory. It was the bloodiest day in U.S. Marshals history. The gallery will trace the marshals’ role on the frontier as it moved from east to west, into Alaska, and space. The “Marshals Today” gallery will explore the role of modern day marshals: providing security for federal court personnel and courthouses,2 pursuing fugitives, special operations, asset forfeiture (the marshals liquidated the Bernie Madoff estate), prisoner transport, and witness protection. More than 250 marshals, deputies, special deputies and posse men have lost their lives in the line of duty. The USMM will enshrine those heroes in its Hall of Honor, featuring a wall with the names etched in stone, a reflecting pool and other contemplative space. The USMM will face westward toward the old Indian Territory of “True Grit” fame. The design, an abstraction of a marshal’s star, will feature a spire rising eight stories above the Arkansas River. The shafts of light streaming through the roof in the Hall of Honor, one for each fallen marshal, will be a permanent memorial to those killed in the service of our nation. The USMM holds great promise. It will be located at the center of the Little Rock and Oklahoma City corridor, connecting Marshals continued on page 49

Jim Dunn practiced law with Warner, Smith & Harris in Fort Smith for 35 years before becoming President and CEO of the U.S. Marshals Museum.

Your Clients Need Information and Experience Barry M. Corkern CFP®, AIFA® has testified in more than 50 cases in federal, state and circuit court as an expert on financial management. His Accredited Investment Fiduciary Analyst certification from the University of Pittsburgh Katz Graduate School of Business authorizes him to perform fiduciary audits for trusts, qualified plans, endowments and foundations. With 30 years of experience in fee-based wealth management, Barry M. Corkern & Company provides expert, timely and strategic information to a select group of clients with complex financial needs. Barry completed The Wharton School’s Private Wealth Management Professional Track at the University of Pennsylvania where he increased his depth of knowledge in key areas of wealth management while working with lawyers, accountants accountan and investors who serve ve families with substantial assets. Individual Individua ual and business clients make good, confident financial financi al decisions when they have ave access access to complete complet informati and experienced advice. To learn how your information clients ients can benefit, call 501-664-7866, email e barryc@bcorkern.com bcorkern.com. barryc@bc @bcorkern.com or visit bcor corkern.com.

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Lawyer Community Legacy Award Martin A. Kasten received the Lawyer Community Legacy Award for his pro bono work in a matter of significant nature. Martin spent approximately 600 hours working on a criminal appeal involving the conviction of a law enforcement officer accused of operating a continuing criminal enterprise in Lonoke County. “Martin did this with tremendous spirit and attitude because he felt the individual had been wronged in lower court,” Martin A. Kasten according to his nominator. Martin is a partner in the law firm of Friday, Eldredge & Clark, LLP in Little Rock. He has worked in the firm’s general litigation section since 1999. His trial work includes the defense of claims involving business torts, insurance coverage, and products liability, including pharmaceuticals. He also frequently handles appeals in both state and federal court. After his law firm became aware that the officer needed to appeal the conviction and could not otherwise afford counsel, Martin agreed to spearhead the appeal. With no criminal defense experience, he knew he was volunteering for a difficult matter technically outside of his area. Nonetheless, he did it magnificently. The case on appeal was extremely difficult and involved a record on appeal from several weeks of trial. He is an excellent writer and used his skill in this regard unselfishly and to do his usual magnificent work, compromising nothing in the way of quality or time. The officer allegedly abused his power to create and run a criminal enterprise by managing others who obtained money and other illicit items for the enterprise. The officer faced 36 counts of criminal conduct. The record on appeal consisted of 9,000 pages (about 50 volumes) and required a 2,000 page abstract. Ultimately, the Supreme Court of Arkansas ruled that the prosecution failed to present substantial evidence of the continuing criminal enterprise and that such failure deprived the officer of a fair trial on the remaining charges. The Court also held that evidence of his wife’s alleged conduct was irrelevant and that its improper admission prejudiced the officer. Finally, the Court held that the officer’s motion to suppress evidence seized in the execution of a search warrant should have been granted. Accordingly, the Supreme Court dismissed the continuing criminal enterprise charge, vacated the 40-year sentence, and remanded the case for a new trial. Campbell v. State, 2009 Ark. 540, 354 S.W.3d 41. As a result of this favorable appellate decision, the officer later reached an agreement with prosecutors and was released from confinement in April 2010. Martin is a 1999 graduate of the University of Arkansas School of Law and a 1995 graduate of Illinois State University. He and his wife, Katie, have two children, Kennedy and Christian. He is a member of the Pulaski County Bar Association, American Bar Association, and Arkansas Bar Association, where he serves on the Committee on Attorney/Client Privilege.

Gary Speed Little Rock received the Lawyer Community Legacy Award for his work as a volunteer in a non-legal capacity for civic groups and as a volunteer with youth groups. Gary has been “that selfless member of the community looking to put ‘service above self’ as noted by the Rotary Motto,” according to his nominator. Little Rock attorney Gary Speed is a registered patent attorney who focuses primarily on intellectual Gary N. Speed property litigation. Gary is also the chair of the Association’s Intellectual Property Section. When not in the office, Gary loves to be in wilderness areas, backpacking, kayaking, rock climbing or caving with Crew 30, a BSA Venture Crew for teenage boys and girls. Gary lost his 17-year-old son Albert in 2006 to a prescription drug overdose. Albert shared his dad’s love of outdoor adventures. Since then, Gary has found strength from the youth of Crew 30 and has worked to create exciting adventures for members of the Crew as an alternative to drug use. He has also served as the venturing chair and on the executive board of Quapaw Area Council, BSA. He is also a climbing instructor and Red Cross Wilderness First Aid Instructor. Gary’s interest in Scouting led him to obtain additional first aid training that he might need on wilderness trips. After taking a NOLS wilderness first responder course, he went on to be trained at UAMS as an EMT and to become a licensed paramedic. He is now completing the additional requirements to become a registered nurse. Gary just refers to all the medical training as “advanced first aid merit badge,” but he frequently reminds people that he isn’t giving up his day job as a patent lawyer. In addition to Gary’s scouting interests, he has been active in Rotary. Gary is a member and past president of the West Little Rock Rotary Club. Gary served in 1999-2000 as district governor of District 6150. He has also served as District Rotary Foundation Chair and as the 2010 delegate to the Rotary International Council on Legislation. Gary has also worked representing Rotary with the Arkansas Drug Director’s Office and state and federal law enforcement and other agencies to promote awareness of the problem of prescription drug abuse in Arkansas. He helped produce a 13-minute educational video for use with civic groups and youth groups about the prescription drug problem. He has helped promote four statewide prescription drug takeback events with the Drug Director’s Office since September 2010. Takeback events provide collection sites to dispose of unwanted and unneeded medications throughout the state to remove drugs from family medicine cabinets where they may be diverted to recreational use by family members. Gary is a graduate of Hendrix College (1979), University of Arkansas School of Law (1983), and UAMS (2009). He practices with Speed Law Firm in Little Rock.

Awards are presented bi-annually by the Association to attorneys and judges who have performed volunteer public services out of a sense of duty, professionalism, and a genuine desire to give back to the community. Nomination forms and guidelines for the award are available at www.arkbar.com or by contacting the Association at 501-375-4606. 28

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Annual Meeting 2012

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Arkansas Supreme Court Historical Society

Burrill Bunn Battle

by J.W. Looney

Burrill Bunn Battle was born in Hinds County, Mississippi, July 24, 1838, the second son of Judge Joseph J. Battle and Nancy Stricklin Battle both from North Carolina. In 1844 young Burrill moved with his family to Arkansas and settled in what is now Lafayette County. At age 14 he enrolled in the newly opened Arkansas College in Fayetteville which accepted college level students, preparatory students and primary students. Battle studied there until 1856 when he enrolled in the Law Department of Cumberland University in Lebanon, Tennessee, where he graduated in 1858. He was admitted to both the Tennessee and Arkansas bars in 1859. Battle opened his first law office in Lewisville and practiced there until the Civil War broke out. He enlisted as a private in the Confederate service and fought in most of the major battles in Tennessee. After the war he moved his law office to Washington in Hempstead County where he served in the legislature in 1871. In 1880 he moved to Little Rock and formed a partnership with former Supreme Court Justice Freeman W. Compton. Battle first came to the statewide political scene in 1884 when a vacancy on the Supreme Court was created by the death of Elbert H. English. The Arkansas Gazette reprinted statements from various state papers suggesting names for the judicial position. Battle was suggested by the Arkadelphia Standard which called him “comparatively young, vigorous, rich and brilliant in legal attainments, scrupulously honest in all relations of life,” “learned and able” and “a model man of splendid genius.” A letter of announcement appeared in the Gazette on the same date directed to the Democratic voters of Arkansas. Battle stated his position that a judicial office should not be sought as political offices usually are but that he would be glad to receive the nomination. Efforts of his friends, he said, would receive “hearty approval and encouragement.” 32

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At the judicial nominating convention held on October 21-22, 1884, his was one of seven names placed in nomination. A delegate from Hempstead County spoke of his qualifications and merits. The seconding speech from a Miller County delegate said “Wherever Burrill B. Battle is best known he is best loved.” The convention was a classic political contest with no candidate receiving a majority until the 59th ballot. The convention required 105 votes to nominate (208 total) and on the first ballot Battle received 22 votes. The three leading vote-getters were Samuel W. Williams, John M. Pittman, and Sterling G. Cockrill. The convention adjourned after 15 ballots with Battle’s vote total no higher than 24. On the second day Battle gained some support and his total gradually increased. Battle captured third place on the 50th ballot and Pittman then withdrew. On the 57th ballot Battle tied Williams and then moved within two votes of Cockrill on the 58th ballot. On the last ballot most of Williams’ support, along with some of Battle’s, moved to Cockrill who was finally nominated with 112 votes. A year later another vacancy on the court occurred, and Battle immediately announced his candidacy. He, again, indicated he felt it would be improper to actively campaign and referred to his narrow defeat the year before by Justice Cockrill as “extraordinary (though perfectly fair and honorable).” In spite of his pledge not to campaign, apparently the Democrat had referred to his campaigning and in a letter to the Gazette, G. W. Williams, a friend of Battle, explained that Battle had been out of town holding court in Little River County, “where he was raised from boyhood and where you would have to get a search warrant to find a man who would oppose him.” At the judicial nominating convention Battle’s only significant opposition was John M. Pittman. Battle easily won on the first ballot. In commenting on Battle’s selection as the

Justice Burrill Bunn Battle Courtesy of Arkansas Secretary of State

nominee, the Gazette referred to him as “able, just and fearless” and one of “recognized merit.” He was elected without opposition. Battle was re-elected in 1886, 1894 and 1902 with no significant opposition although the Republican Party nominated a candidate in each election. Battle was one target in 1900 of Attorney General Jeff Davis’ wrath over the anti-trust cases which had been before the Supreme Court the prior year. Davis referred to members of the court as “the five jackasses” and claimed that Battle was head of “the most gigantic trust in Arkansas,” referring to Battle’s interest in a Little Rock ice business. Davis claimed that when the state filed suit against the trusts that he had papers served on Justice Battle himself. But in 1902 when Jeff Davis was running for re-election as Governor, Battle ran ahead of Davis by about 8,000 votes indicating his strength among voters. Justice Battle married Josephine Witherspoon Cannon who died in 1899. Battle served on the bench for 25 years and retired at the end of his term in 1910. He had, at that time, the longest tenure of any justice. He died in Little Rock December 21, 1917. This article is provided by the Arkansas Supreme Court Historical Society, Inc. For more information on the Society contact Rod Miller, Arkansas Supreme Court Historical Society, Justice Building, Email: rod.miller@ arkansas.gov; Phone: 501-682-6879.

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2012 Best of CLE

Keep a watch on your mailboxes because the

Little Rock • June 25-29, 2012

CLE catalog will be coming this summer! The Arkansas Bar Association is very pleased to announce that we will be listing all of the Fall CLE in an upcoming catalog. Now

30 CLE Hours (Including 6 Ethics Hours) 2012

UALR Bowen School of Law

you can keep a handy desk reference that will include all you need

Rogers • June 28-29, 2012

to know about upcoming seminars and how to register. This is

13.25 CLE Hours (Including 1 Ethics Hour)

something you don’t want to miss.

Embassy Suites, Rogers

As always, all of the information will also be online.

Speaking of online, do you need a couple of hours of CLE? Don’t want to leave your office? Have you taken a look at the online CLE calendar? It is full of great webinars. Webinars are a convenient option to allow you to get your required

Cyber CLE

CLE hours.The Arkansas Bar Association is now offering more webinars than ever before. We are pleased to announce that we have partnered with a company that provides us with live CLE webinars that will cover a variety of substantive law areas. Go to http://www.arkbar.com/pages/continuing_legal_education.aspx right now and look at our offerings. Also, everything offered by the Association is approved for credit, so you won’t have to worry about approval!

June 5th:

2012 Ethics in Civil Litigation, Part 1 June 6th: 2012 Ethics in Civil Litigation, Part 2 June 12th: Business Divorce: Planning for When Businesses Fall Apart, Part 1 June 13th: Business Divorce, Part 2 June 14th: Ethics in Beginning and Ending an Attorney-Client Relationship June 15th: Employment Law Torts June 19th: 2012 Estate,Trust & GiftTax Planning Update, Part 1 June 20th: 2012 Estate,Trust Update Part 2 June 21st: Sophisticated Choice of Entity, Part 1 June 22nd: Sophisticated Choice of Entity, Part 2 June 26th: Buying/Selling Real Estate, Part 1 June 27th: Buying/Selling Real Estate, Part 2

Featured Fall CLE Seminars Solo & Small Firm Conference September 21-22, 2012 • DeGray State Park Lodge Handling Divorce—Start to Finish October 5, 2012 • Arkansas Bar Center, Little Rock Intellectual Property for the General Practitioner November 25, 2012 • Arkansas Bar Center, Little Rock

Vol. 47 No. 2/Spring 2012 The Arkansas Lawyer

33

Thank You

2011-2012 Arkansas Bar Association Sustaining Members Your Sustaining Member dues finance a variety of projects and programs. William C. (Bill) Adair Gene D. Adams, Jr. Mark H. Allison Allison R. Allred Darren Wade Anderson Philip S. Anderson Elizabeth Andreoli Richard Lance Angel Ben F. Arnold Jess L. Askew III Russell C. Atchley Kenneth B. Baim Darryl E. Baker Barry D. Barber R. Kevin Barham Harry F. Barnes Marcia Barnes Melody Peacock Barnett W. Christopher Barrier Sherry P. Bartley Woodson W. Bassett III Fines F. Batchelor, Jr. David L. Beatty Paul B. Benham III Stephen Bennett Joe Benson M. Stephen Bingham Samuel N. Bird Donald Eugene Bishop Robert Neal Bluejacket C. Tad Bohannon Will Bond Ted Boswell Robert Bruce Branch, Sr. Debbie D. Branson William C. Bridgforth Robert R. Briggs Fred E. Briner Bill W. Bristow Lynne Bice Brown Thomas E. Brown Randall S. Bueter Larry W. Burks Sandra Burns Patrick A. Burrow 34

The Arkansas Lawyer

Paul Byrd Robert D. Cabe Andy L. Caldwell John C. Calhoun, Jr. Jerry L. Canfield Thomas M. Carpenter Jo Ellen Carson Douglas M. Carson Daniel R. Carter Jerry W. Cavaneau Robert M. Cearley, Jr. Sergio Ceja Vince Chadick Earl Buddy Chadick, Jr. Stephanie Angel Chamberlin John S. Cherry, Jr. Emmett B. (Chip) Chiles IV Stephen Choate Chastity M. Clark Suzanne G. Clark William M. Clark, Jr. H. Murray Claycomb John Ralph Clayton Ralph M. Cloar, Jr. Roger U. Colbert Randy Coleman Cathleen Compton Jon B. Comstock Barry E. Coplin Chris P. Corbitt Nate Coulter James O. Cox Danny R. Crabtree Michael A. Crockett James E. Crouch F. Thomas Curry James D. Cypert C. Michael Daily Thomas A. Daily Carol C. Dalby Elizabeth Danielson Paul Danielson Lillian Dee Davenport Steven B. Davis Darrel E. Davis, Jr. www.arkbar.com

John A. (Jack) Davis III Lee Matthew Davis Robert T. Dawson Barry Deacon Beth M. Deere James Dennis Devine Jack W. Dickerson James F. Dowden Earl Ross Downs, Jr. Ted N. Drake Robert H. Dudley Melissa McJunkins Duke Phillip J. Duncan Warren E. Dupwe Charles B. Dyer, Jr. Byron M. Eiseman, Jr. Don R. Elliott, Jr. Stephen Engstrom Bob Estes Audrey R. Evans Frances S. Fendler William Lee Fergus Hugh A. Finkelstein Pam Fisk Victor A. Fleming Robert M. Ford Lyle D. Foster Amy Freedman Matthew L. Fryar David M. Fuqua Price C. Gardner Charles Alan Gauldin Pamela B. Gibson Sam E. Gibson Buck C. Gibson Charles Clifford Gibson III Martin G. Gilbert Stephen R. Giles Dent Gitchel Charles W. Goldner, Jr. Donald Goodner Wilma Elizabeth Goss Ronald L. Griggs Timothy W. Grooms David F. Guthrie

Michael E. Hale Barbara A. Halsey Donis B. Hamilton James A. Hamilton Herman L. Hamilton, Jr. Frank S. Hamlin A. Vaughan Hankins Stuart W. Hankins Betty J. Hardy David Michael Hargis Melva Harmon David K. Harp William Noel Harris Eugene S. “Kayo� Harris James E. Harris Charles L. Harwell Richard F. Hatfield William D. Haught Harry F. Hauser L. Kyle Heffley Brad L. Hendricks Rosanna Henry Paul F. Henson Joseph Hickey Curtis E. Hogue Thomas H. Holcombe Don Hollingsworth Cyril Hollingsworth Hawley Holman Gary Holt Timothy R. Holton Robert M. Honea Robert Howard Hopkins Robert E. Hornberger Juan Martin Hughes Karen K. Hutchins James W. Hyden Michael E. Irwin Donald T. Jack, Jr. Randolph C. Jackson William Owen James, Jr. Bradley D. Jesson Amy Dunn Johnson Leon Jones, Jr. Robert L. Jones III

Thank You 2010-11 2011-2012 Sustaining Members Arkansas Bar Association Sustaining Members This year, your support will sponsor the Mock Trial Competition and several of the highlights at the Annual Meeting in June. Jim L. Julian Philip E. Kaplan Sean T. Keith Paul W. Keith William H. Kennedy III Judson C. Kidd Milam Michael Kinard Deborah A. Knox Peter G. Kumpe H. Baker Kurrus Lee Kuykendall David N. Laser John T. Lavey Charles R. Ledbetter John C. Lessel Harry A. Light Alice F. Lightle Stark Ligon John G. Lile III Charles K. Lincoln Coby W. Logan James R. Marschewski William A. Martin Gail O. Matthews David R. Matthews Ronald A. May S. Hubert Mayes Jr. Richard Mays Michael R. Mayton Ed W. McCorkle Michael S. McCrary Jeffrey Ellis McKinley J. Clifford McKinney II Laura J. McKinnon James A. McLarty III James E. McMenis Benjamin C. McMinn Jack A. McNulty William Russell Meeks III G. Michael Millar Marie-Bernarde Miller Phillip J. Milligan Philip Miron Chalk S. Mitchell Michael W. Mitchell

Margaret Woodward Molleston Thomas Ark Monroe III James M. Moody Edward O. Moody Harry Truman Moore Charles A. Morgan Stephen E. Morley Rosalind M. Mouser Wm. Kirby Mouser Timothy J. Myers E. Sheffield Nelson James E. Nickels Brianna L. Nony R. Gary Nutter Debby Thetford Nye Edward T. Oglesby James E. O’Hern III Hugh R. Overholt William L. Owen Charles C. Owen Jerry D. Patterson Claibourne W. Patty, Jr. Kristin Pawlik B. Jeffery Pence Neal R. Pendergraft Edward M. Penick G. S. Brant Perkins Ellis Lamar Pettus Donna Carol Pettus John V. Phelps Mackie M. Pierce James H. Pilkinton, Jr. George N. Plastiras Donna Mae Price Jerry D. Pruitt Donald C. Pullen Joseph H. Purvis Steven W. Quattlebaum Michael R. Rainwater Brian H. Ratcliff Gordon S. Rather Jr. Chris R. Reed Robert Jeffrey Reynerson Elton A. Rieves III Lewis E. Ritchey

William S. Robinson Charles B. Roscopf Charles D. Roscopf Robert R. Ross Roderick K. Runnells John L. Rush J. Shepherd Russell III Charles L. Schlumberger Don M. Schnipper John R. Scott Frank B. Sewall Dennis L. Shackleford Stephen M. Sharum J. L. (Jim) Shaver, Jr. Matthew J. Shepherd William Farrar Sherman W. Bradford Sherman James M. Simpson Theodore Campbell Skokos, Jr. Ted C. Skokos Howard L. Slinkard Derrick W. Smith James W. Smith James E. Smith, Jr. J. Timothy Smith Robert D. Smith III Laura H. Smith David Solomon J. William Spivey III James D. Sprott Aaron L. Squyres David W. Sterling Thomas S. Stone Jocelyn A. Stotts William R. Stringfellow John F. Stroud, Jr. Tylar C.M. Tapp III W. H. Taylor Rex M. Terry William L. Terry F. Mattison Thomas III Floyd M. Thomas, Jr. Mary Thomason David Throesch Cindy Thyer

Robert D. Trammell N. Walls Trimble C. Bass Trumbo Annabelle Imber Tuck Fred S. Ursery James R. Van Dover Marcus W. Van Pelt David B. Vandergriff A. Glenn Vasser William A. Waddell, Jr. John C. Wade Wyman R. Wade, Jr. Danyelle J. Walker Eddie H. Walker, Jr. Bill H. Walmsley Bill Walters G. Christopher Walthall Stan L. Warrick David Smilie Watkins Timothy F. Watson, Sr. John Dewey Watson David J. Whitaker Tony L. Wilcox David H. Williams W. Jackson Williams, Jr. Billy Roy Wilson Elliott Dion Wilson Zachary D. Wilson George R. Wise Jr. William R. Wisely Carolyn B. Witherspoon Rufus E. Wolff Tom D. Womack Marsha C. Woodruff Eric Lane Worsham Susan Webber Wright W. Kelvin Wyrick Truman E. Yancey Damon Michael Young Cary E. Young Dennis Zolper

Vol. 47 No. 2/Spring 2012 The Arkansas Lawyer

35

Arkansas Bar Association’s Board of Governors Report The Association’s Board of Governors met April 20-21, 2012 at Red Apple Inn at Heber Springs with Chair Harry Light presiding. President Tom Womack addressed the board, updating them on the elections currently underway for positions on the Board of Governors and House of Delegates. He urged members of the board to encourage other Association members to run for these positions in the future so they can experience the Association leadership opportunities. In addition to voting in these elections, President Womack stressed the importance of each member’s vote on the proposed changes to the Association’s Constitution to keep the Association moving forward. Proof of the Association’s growth can be found in the new initiatives being offered this year. The Lawyer-2-Lawyer Mentor Program President Womack began continues to grow. He invited all Board members to sign up for this vital and rewarding program. Public outreach events planned for the month of May included a Law Day program for the public at the Arkansas Bar Center in Little Rock. Volunteer attorneys presented information about Criminal Law, Small Claims Court and Benefits and Services for Arkansas Veterans. The Lawyers Assisting Military Personnel (LAMP) Committee will meet to begin exploration of expanding our Association’s assistance to Veterans. The first step is the recent addition of the Arkansas Veterans Resources Directory and map to the Association’s website. President-Elect Charles L. Harwell announced the schedule for Board of Governors meetings for the 2012-2013 bar year. At the President-Elect’s request, the Board of Governors voted to disband the Criminal Sentencing Task Force, which has completed its assigned tasks and the Sustaining Member Committee whose duties will now fall on the office of President-Elect. The Board approved appointments to the Arkansas Bar PAC with Dennis Zolper to remain in the position of Chair and David Fuqua to continue as Secretary/Treasurer.

The following committee chairs gave reports to the Board: Brian Rosenthal, Chair of the Long Range Planning Committee; Zane Chrisman, Chair of the CLE Committee; and Tony Hilliard, Chair of the Audit Committee. Dennis Zolper, Chair of the Jurisprudence and Law Reform Committee, reported on that committee’s recommendation for the bills to be included in the Association’s 2013 Legislative Package. The House of Delegates will take the final vote on this at the Annual Meeting in June. Arkansas Bar Foundation President Tom Curry gave a report on the current goals of the Foundation. Young Lawyers Section Chair-Elect Vicki Vasser presented the YLS report and emphasized their continued efforts to engage young lawyers throughout the state. Annual Meeting Chair Zane Chrisman gave an overview of the 2012 Annual Meeting. She advised that all CLE will take place at the Hot Springs Convention Center with the exception of the CNA seminar, which will remain at the Arlington Hotel along with all the evening events and entertainment. For the first time, the House of Delegates meeting will be held at the Convention Center on Saturday morning, June 9, 2012. Association Treasurer, Col. William A. Martin, provided the board with the Finance Committee Report that recommended the 2012-2013 budget. The Board approved the 2012-2013 budget which begins July 1st. On behalf of the Member Benefits Committee, Executive Director Karen K. Hutchins presented three new member benefits for consideration by the Board. The Board voted to add benefits including FedEx shipping discounts, mobile website discounts for members, and a prescription discount card for qualifying prescriptions that are not covered by insurance. President Womack recognized outgoing governors Brian Ratcliff, Tony Hilliard, David Fuqua and Tom Carpenter and thanked them for their service to the Association. The next meeting of the Board of Governors will be held in Bentonville, AR on August 17-18, 2012. n

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The Arkansas Lawyer

www.arkbar.com

Attorney Oath of Admission Revised to Add a Pledge of Civility

T

he Supreme Court of Arkansas has taken a leadership role nationally by including a pledge of civility in the Oath of Admission to the Arkansas Bar. Arkansas became the sixth state to include terms in the oath designed to recognize the importance of respectful and civil conduct in the practice of law. Chief Justice Jim Hannah said the court considered this at conference and added a promise by attorneys to maintain the “respect and courtesy” due to the courts, judges and staff as well as a pledge of “fairness, integrity, and civility” to opposing parties and their counsel. The full text of the opinion delivered on February 23, 2012, follows.

PER CURIAM Today, we revise the Attorney Oath of Admission to add a pledge of civility. We thank Arkansas members of the American Board of Trial Advocates who requested that the supreme court consider this issue and provided information of similar actions by other courts around the country. Recognizing the importance of respectful and civil conduct in the practice of law, the Arkansas Supreme Court is pleased to join this movement and add the following paragraphs to the oath: “I will maintain the respect and courtesy due to courts of justice, judicial officers, and those who assist them.” “To opposing parties and their counsel, I pledge fairness, integrity, and civility, not only in court, but also in all written and oral communications.”

I DO SOLEMNLY SWEAR OR AFFIRM: I will support the Constitution of the United States and the Constitution of the State of Arkansas, and I will faithfully perform the duties of attorney at law. I will maintain the respect and courtesy due to courts of justice, judicial officers, and those who assist them.

We adopt the Attorney Oath of Admission set out below. The oath is not currently included in the Rules Governing Admission to the Bar, and we believe that it should be a part of the rules. Accordingly, we are amending Rule (VII) to add the Attorney Oath of Admission as a new subsection (G). This amendment is effective immediately. Arkansas Rules Governing Admission to the Bar Rule VII. Application for license. . . . G. ATTORNEY OATH OF ADMISSION. The following oath shall be administered to and signed by members of the Arkansas Bar: State of Arkansas) In the Supreme Court) To the Honorable, the Supreme Court of Arkansas: Your petitioner prays to be licensed as an Attorney-at-Law.

I will, to the best of my ability, abide by the Arkansas Rules of Professional Conduct and any other standards of ethics proclaimed by the courts, and in doubtful cases I will attempt to abide by the spirit of those ethical rules and precepts of honor and fair play. To opposing parties and their counsel, I pledge fairness, integrity, and civility, not only in court, but also in all written and oral communications. I will not reject, from any consideration personal to myself, the cause of the impoverished, the defenseless, or the oppressed. I will endeavor always to advance the cause of justice and to defend and to keep inviolate the rights of all persons whose trust is conferred upon me as an attorney at law. Vol. 47 No. 2/Spring 2012 The Arkansas Lawyer

37

Judicial Disciplinary Actions & Attorney Disciplinary Actions The Judicial Discipline and Disability Commission issued the following Final Actions. Full text documents are available on-line at http://www.state.ar.us/jddc/ press_releases.html. On April 27, 2012, the Arkansas Judicial Discipline and Disability Commission issued agreed public sanctions against two Arkansas judges. Judge Brad Karren, Rogers Division, Benton County District Court, has been issued an agreed Letter of Reprimand in Commission cases 11-236 and 11-239. Judge Edwin Keaton, 3rd Division Circuit Court, 13th Judicial District, has been issued an agreed Letter of Censure in Commission cases 11-201, 11-206 and 11-265.

ADVERTISE in the next issue of The Arkansas Lawyer Go to www.arkbar.com

Final actions from January 1, 2012, through March 31, 2012, by the Committee on Professional Conduct. Summaries prepared by the Office of Professional Conduct (OPC). Full text documents are available on-line at http://courts.arkansas.gov and by entering the attorney’s name in the attorney locater feature under the “Attorney” link on the home page. [The “Model” Rules of Professional Conduct are prior to May 1, 2005. The “Arkansas” Rules are in effect from May 1, 2005.] SUSPENSION: DAVIS, LISA D., Bar No. 2001072, of Piggott, Arkansas, on March 22, 2012, in No. CPC 2011-078, on a complaint by Gary Dalton of Tennessee, on ballot vote was sanctioned with a three (3) month license suspension for violations of Arkansas Rules 1.2(a), 1.3, 1.5(b), 4.1, 8.1(a), and 8.4(c) and also ordered to pay $3,500 restitution to Dalton and a $2,500 fine. In 2003, Gary Dalton and his brother B.W. Dalton (of Georgia) acquired a farm of about 117 acres in Clay County, Arkansas, as tenants in common, each owning an undivided one-half interest. Problems arose between the brothers over the farm. In August 2008, Gary Dalton employed Davis to file suit for the partition of the farm, and paid her the flat fee of $3,500 she quoted for this service plus $150.00 for costs of the suit. From November 2008 through May 2010, Davis or her staff informed Dalton that Davis had filed suit for him in 2008 and they were

awaiting a court date, and then that they were awaiting a mediation date for the case. Dalton was not provided with a copy of any lawsuit Davis had allegedly filed for him. Gary Dalton filed his grievance at the Office of Professional Conduct (OPC) on June 4, 2010. Within a week, Stark Ligon of OPC contacted Ms. Davis by e-mail, notified her of the filing of the Dalton grievance, and asked Davis to respond. In subsequent e-mails through July 31, 2010, Ligon asked Davis for a copy of the suit she had filed for Dalton. On August 2, 2010, Davis faxed Ligon copies of a Petition for Partition, file-stamped August 21, 2008, as Case No. CV2008-23 in Clay County Circuit Court, styled “Gary and Helene Dalton v. B. W. Dalton,” along with a copy of a purported Answer for B. W. Dalton file-stamped September 4, 2010, and showing on its face that the Answer was filed by Paragould attorney King Benson. On August 14, 2010, Ligon requested the OPC Investigator to obtain directly from the Clay County Circuit Clerk the docket sheet,

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Attorney Disciplinary Actions Complaint, and Answer in No. CV-2008-23, or find out if the case did not exist there. On August 18, 2010, the Investigator obtained from the Court Clerk copies for the docket sheet, Complaint, and Answer for No. CV2008-23, showing the actual case filed was styled “Eugene and Terry Slaten v. Mark and Leana Mann,” and file stamped April 21, 2008, being filed approximately four months before Gary Dalton employed Lisa Davis. The Slatens were represented by Lisa Davis. King Benson of Paragould represented the Manns. The Clerk also provided OPC with a copy of the docket sheet, Petition for Partition, and Answer filed in No. CV-2010-48, file stamped July 29, 2010, at 2:21 p.m., in the new partition action styled “Gary & Helene Dalton v. B. W. Dalton,” which appears to be the same pleading as that submitted by Ms. Davis to OPC as allegedly being filed in August 2008 as No. CV-200823, except for the case number. The Answer in No. CV-2010-48 for B. W. Dalton was filed by Piggott attorney David Copelin on August 13, 2010. Ligon e-mailed Ms. Davis on August 14, 2010, and she replied on August 17, 2010, stating, “My client decided to non-suit the stagnant case, as I was unable to get it transferred. We then refiled, with me paying the costs....” In fact, the “stagnant case,” presumably her “Dalton v. Dalton” No. CV-2008-23, was never filed as the Dalton partition case, but was an unrelated case Davis filed, which she passed off on her client Gary Dalton and then on OPC as having been filed in August 2008, which was a false statement to Dalton and then to OPC. On August 14, 2010, Ligon contacted King Benson about the “2008 Dalton” case, and sent him copies of the pleadings provided to OPC by Davis. Benson denied ever having a client named B. W. Dalton, or ever having filed the alleged Answer for him in the purported “Dalton v. Dalton” No. CV-2008-23, or that the signature purporting to be his on the 2008 Answer was made by him. Ligon explained the situation to Gary Dalton, who then made a decision to continue with Davis as his attorney, having paid her the full fee, in hopes she would get the farm dispute with his brother settled in an early mediation, sale of the farm, or court resolution, and then OPC could do what it determined needed to be done with Davis. By November 30, 2010, a deal by which brother B. W. Dalton would purchase Gary Dalton’s interest in the farm had fallen

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through. Thereafter Davis pursued a setting for the court-ordered mediation of the dispute. The mediation was conducted by June 1, 2011, and was not successful. On June 6, 2011, Davis sent Gary Dalton a Statement for an additional $8,793.75, supposedly for 70.25 hours of time, at $175.00 per hour, reduced by his initial $3,500 payment. Dalton questioned the additional billing, asked for an itemization, and did not pay any of it. Dalton continued to push Davis to get his lawsuit a prompt court date.

By mid-July 2011, Dalton had received, through Davis, an offer from an area buyer for his interest in the farm. Becoming increasingly concerned about Davis and her fee issues, Dalton sought the services of another area attorney. In mid-July 2011, Dalton employed H. T. Moore of Paragould to replace Davis, and then Dalton terminated the services of Davis. Moore took over, arranged for a partition of the farm by exchange of deeds between the Dalton brothers, got the sale of

Vol. 47 No. 2/Spring 2012 The Arkansas Lawyer

39

Attorney Disciplinary Actions Weinberg’s health insurer, which paid $6,795 in such billings. The insurance company was repaid in full, and Ms. Weinberg consented to the Florida suspension for violating Rule 8.4(c) regarding conduct involving dishonesty, fraud, deceit, or misrepresentation. REPRIMAND:

Gary Dalton’s now separate land closed on September 8, 2011, and dismissed the Dalton v. Dalton partition suit, No. CV-2010-48. WEINBERG, SUSAN MADELINE, Bar No. 77191, of Boca Raton, Florida, was reciprocally suspended for 91 days in Arkansas on February 17, 2012, in No. CPC 2011-096, based on an Order for a similar suspension by the Supreme Court of Florida filed September 20, 2011, which Ms. Weinberg reported to the Arkansas

authority. Believing they were shielding an adult family member with significant, longterm medical issues from an embarrassing paper trial of prescriptions, Ms. Weinberg admitted she had filled in her name prescriptions, replicated by her physician husband from other prescriptions from another provider, that were intended for use by the family member, thus engaging in insurance fraud. The family member had no medical insurance and the prescriptions were submitted to Ms.

CLOUETTE, JAMES P., Bar No. 74025, of Little Rock, Arkansas, in No. CPC 2010-002, on remand by the Court for a new sanction hearing (see 2011 Ark. 68), was assessed a Reprimand and probation on April 15, 2011. The Executive Director took a second appeal, asserting that a suspension of license was required. The Court affirmed the reprimand on January 26, 2012, in 2012 Ark. 21, stating that although Clouette had been adjudicated guilty of a felony possession of controlled substance offense at a bench trial, but with no entry of a judgment of conviction, the “very limited circumstances” exception in Section 17.E(4) of the [attorney discipline] Procedures allowing the Committee to impose a reprimand for “serious misconduct” was an available

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sanction in this case on its facts, as found by the Committee Panel. HARRELSON, JEFFREY S., Bar No. 96118, of Texarkana, Arkansas, was Reprimanded in CPC 2011-088 for violations of Rules 1.1 and 8.4(d) of the Arkansas Rules of Professional Conduct in a Findings and Order filed February 29, 2012. The Arkansas Supreme Court referred Mr. Harrelson to the Committee for his failure to comply with the Supreme Court directives dealing with appellant’s briefs in Rule 37 appellate matters. Mr. Harrelson was appointed to represent Derek Sales in a postconviction matter involving denial of a Rule 37 petition following conviction in a capital case. The brief filed by Mr. Harrelson was found to be deficient and not in compliance with Supreme Court requirements. Because Mr. Harrelson had previously been cautioned in another Rule 37 appeal in a capital case about being thorough, he was again referred to the Committee. Justice Brown delivered a Concurring Opinion wherein he stated that Mr. Harrelson should be relieved from

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representation of Mr. Sales because of his casual disregard for his obligations in the representation. MORITZ, WILLIAM KURT, Bar No. 99021, of Hope, Arkansas, was Reprimanded by Panel B of the Committee on Professional Conduct on February 17, 2012, in No. CPC 2011-060, for violation of Rules 1.3, 1.4(a)(3), and 1.16(d) on a Complaint filed by Virginia Huckabee. Huckabee employed Moritz in 2008 to transfer title to property which had remained titled in her father’s name since his death in 1969. Huckabee paid Moritz $3,500. Moritz prepared a Petition for Appointment of Administrator and Estate as well as a waiver for heirs to sign. Huckabee obtained the signatures and provided the documents to Moritz.  Moritz called Huckabee in 2009 and had her meet him at the courthouse. Moritz told Huckabee that he met with the judge and obtained a quitclaim deed. Huckabee was told that she would receive the deeds in a couple of weeks. Huckabee did not receive the deeds and contacted Moritz’s office. After not hearing from Moritz,

Huckabee wrote Moritz and demanded her file and a refund of unearned advanced fees. Moritz failed to reply in writing but stated in his response that he spoke to Huckabee before and after the letter was received. Huckabee employed other counsel and obtained the results she sought shortly thereafter. Huckabee wrote Moritz again and asked for a refund but again received no response. After service of the formal complaint, Moritz refunded Huckabee $2,000, conditionally admitted to violation of the Rules of Professional Conduct, and proposed a disciplinary sanction. The Committee Panel accepted the proposed consent to discipline and the Consent Findings and Order was filed on February 17, 2012. MORITZ, WILLIAM KURT, Bar No. 99021, of Hope, Arkansas, was Reprimanded by Panel B of the Committee on Professional Conduct on February 17, 2012, in No. CPC 2011-061, for violation of Rules 1.1, 1.3, 1.4(a)(4), and 1.16(d) on a Complaint filed by Kathy Hogan. Hogan went to Moritz in 2006 after she was served with a lawsuit filed

Vol. 47 No. 2/Spring 2012 The Arkansas Lawyer

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Attorney Disciplinary Actions

APPELLATE NERDS.

month for six months. Moritz then relocated his home and office from Hot Springs, Arkansas, to Hope, Arkansas. Moritz stated that during the move, he lost Hogan’s bankruptcy file and was unaware that Hogan had made efforts to contact him. No bankruptcy petition was ever filed by Moritz on behalf of Hogan. After service of the formal complaint, Moritz provided Hogan with $2,300 for Hogan to obtain new counsel to represent her in a bankruptcy matter, conditionally admitted to violation of the Rules of Professional Conduct, and proposed a disciplinary sanction. The Committee Panel accepted the proposed consent to discipline and the Consent Findings and Order was filed on February 17, 2012. CAUTION:

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in Garland County Circuit Court. Hogan paid Moritz $200 for a consultation. No answer was filed on Hogan’s behalf and a judgment in the amount of $43,539.46 was entered against her. Hogan then returned to Moritz who suggested that she and her husband file bankruptcy. 42

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Hogan paid Moritz $800 to file bankruptcy and provided him with a list of all creditors, account numbers, balances and addresses.  Hogan thereafter completed the pre-filing certification required by the Bankruptcy Code. Hogan maintained contact with Moritz every

MORITZ, WILLIAM KURT, Bar No. 99021, of Hope, Arkansas, was cautioned by Panel B of the Committee on Professional Conduct on February 17, 2012, in No. CPC 2001-059, for violation of Rules 1.3, 1.4(a) (3), and 8.4(d) on a Complaint filed by Edith Stone.  Stone employed Moritz to represent her in a bankruptcy and paid $1,600 for the representation. Moritz stated that he agreed to represent Ms. Stone and filed the bankruptcy petition. The day following the filing of the bankruptcy petition, Moritz amended the petition to include Stone’s husband. Stone stated that she wanted to file as a married person filing individually. The bankruptcy court advised Moritz that the filing was deficient and failure to correct could result in the dismissal of the case. The deficiency was not cured and the court dismissed the case. Moritz stated that the dismissal was due to the Stones’ failure to cooperate with him. Stone inquired of Moritz about the status of her case but was not informed that her case had been dismissed until a third party told her. After service of the formal Complaint, Moritz refunded Stone $1,600, conditionally admitted to violation of the Rules of Professional Conduct, and proposed a disciplinary sanction.  The Committee Panel accepted the proposed consent to discipline and the Consent Findings and Order was filed on February 17, 2012. WEST, RICHARD R., Bar No. 87185, of Marion, Arkansas, was Cautioned in CPC 2011-089 for violations of Rules 1.3, 3.4(c) and 8.4(d) in a Consent Findings and Order filed February 17, 2012. Daniel Dorsey was

Attorney Disciplinary Actions

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a brief after obtaining two extensions of time to file the re-brief. On October 12, 2011, the Court of Appeals removed Mr. West from representation of Mr. Dorsey, ordered another re-briefing, and appointed new counsel so that the matter would no longer be stalled. Mr. West was referred to the Committee. n

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First Case continued from page 12

in the cause to JOHN HUTT, the Justice of the Peace from whence they first came, and that the plaintiff have the benefit of her judgment recovered before the said Justice.” The Supreme Court also ordered Mr. Mills to pay Ms. Goings’ costs associated with the appeal. Though 175 years have passed since Goings v. Mills, this case could easily have occurred today, albeit with slightly different procedural facts and higher dollar amounts at stake (I doubt too many attorneys are willing to accept $0.68 in fees and costs these days). Like cases today, this one involved a failure to pay a promissory note, a default judgment and procedural errors—the same chorus of issues still playing out today. While I doubt that any reader will cite this case in a brief anytime soon, hopefully there is some value to considering a case whose facts began before statehood. Our forefathers in the legal community dealt with issues not too dissimilar from those issues we deal with today. Perhaps reflecting on this will help us feel more connected through the 175 years of Arkansas’s legal tradition. Endnotes 1. For more on Albert Pike, see The Encyclopedia of Arkansas History & Culture at http://www.encyclopediaofarkansas.net/ encyclopedia/entry-detail.aspx?entryid=1737. 2. See The Encyclopedia of Arkansas History & Culture at http://www.encyclopediaofarkansas.net/encyclopedia/entry-detail. aspx?entryID=5724. n

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Yesterday continued from page 18

time to be a legislator, knew that that might be something that they could do for a great number of years, and now that plan is not there because of term limits. There are good people that aren’t lawyers in the legislature; I want to be sure that you understand that I am saying that there are some problems created with that. The training you get as an attorney helps you understand issues that help make the political process a little bit better and we’re missing that piece. The analogy I’m hearing, as John Stroud mentioned in the early part of his discussion, mentioned that there was this group of older people available in his law firm, and Rick Ramsay, as you talk about the current legislative make up, it sounds like the experience level is missing. That there is a group that you would normally have that is very experienced that is no longer there. Ramsay: I think that’s probably true. And it’s not just in Arkansas. That’s true all across the country where you have term limit issues and time-pressing issues, not only in Arkansas of course but in other states as well. Gwendolyn, let me take this course of discussion into the younger generation. Is part of this missing element of experience in the legislature a factor caused by younger people and even middle-aged people, distrusting the law, distrusting lawyers? Is that part of it? I guess I’m going back to even the beginning of Watergate when things began to turn us around in the trust division. Is

46

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Visit the Arkansas Bar Association Career Center today! www.arkbar.com/pages/AdditionalMemberBenefits.aspx the younger generation, I mean, are you guys willing to move into these positions that support good law? Rucker: I think that we are. I think there’s a good portion of the generation who will want to do corporate things, and there’s another good portion who will want to do public service type work. I think it’s the struggle that they’ve talked about. It’s become a business and you have more things that you have to worry about. You have to worry about feeding your family, paying those student loans and debt and things, and where like you said, you might not be able to take that time off to participate in the legislature. But we do have some people who do make that sacrifice, who do that and it’s good work not only for the profession but for our state. So, I think you’ll have

people that run the gamut. You’ll always have those who are able to do that type of public service work and those who might not be able to serve in that way but who also make sure that they serve by doing those pro bono hours, or doing public service type work where they can somehow still impact the community. Well, Gwendolyn, your younger generation will be the ones who are going to have to dig us out of the hole we’re in and staying within the element of talking about law, as this perfect storm, as Rick mentions is happening, is the younger generation – are you going to have to change your direction in law even to cover what’s happening? Will you have to give up some of your ideas about public service in order to solve the problem?

Rucker: I think the profession has always, kind of in a sense, mirrored society, and when the flow of society changes then the profession, in some ways, changes. Since 9/11, and since the advent of the internet and things like that, we’ve created. And of course, immigration has become a big issue, and internet law has become a huge issue, and bankruptcy and those types of things will continue to be issues as the economy slows down and we see different changes. So I think in many ways the profession will just reflect what’s happening in society and the natural course of things is that the lawyers will be there to assist in those areas. Well, I thought about this particular topic and said, “now where do you start,” and now I’m having trouble figuring out where to stop. It’s almost as if there’s a myriad of topics that we could go into. Is there an area that we haven’t discussed that you guys had in your mind that you would like to bring up? Ramsay: I think it’s interesting that if you’re talking about the way and what’s going to happen to the profession in the future, I’ll go back to what we were talking about it becoming more of a business than a profession. As I said earlier, we police ourselves and our Supreme Court recognizes that issue and a few years ago they instituted a requirement that young lawyers participate. John mentioned the Bridging the Gap requirement, which is a good springboard into the private practice of law, or any practice of law for that matter. Then the Supreme Court has added to that that young people participate in a daylong seminar on professionalism that re-instills

in them the importance of civility in the profession as well as the ethical considerations that have to be always in the front of your mind. And I think that’s a good step. Things cycle in any part of anybody’s life, and the law profession would be that way too, and what I expect is to see a return to professionalism in fairly short order, because of the stringent requirements that we are putting on ourselves. Thoughts about the future? Stroud: I think that we have a lot of very fine lawyers coming out of law school. I think the challenges are there and I’m enough of an optimist to believe that the lawyers will assist in overcoming the problem. I just think they are very large. They are much more tremendous and daunting than the issues that I faced. I think it will work out, it’s just going to be slow and difficult. But the legal profession is healthy. When I look at the requirements of this law school committee that Rick made reference to, and compared them to what it required to go to law school when I did – when I finished high school it was two years of college and I guess a C average, and my goodness – you couldn’t even get an application now. It’s the cream of the crop who are going to law school so I think the results will show that – and have in recent years, more so than maybe earlier. Rucker: The law intersects every aspect of life and I think that even with the rising increase in the cost of tuition and those things, it’s the best money that I’ve ever spent. I think it not only prepares you for a career in the practice of law, it just prepares you for life. And I think that our generations are going to stand up and do what they need to do to

protect society. That’s what we’re here for and that’s what we’re here to do—to help advance the administration of justice, to ensure that we help to uphold the Constitution of the United States and that we do everything we can to make sure that every citizen in this country gets due process protection of the law and that definitely won’t change. Endnotes 1. Yesterday, Today and Tomorrow is a feature program of the University of Arkansas at Little Rock’s Public Radio station KUAR FM 89.1. The program offers perspectives on various topics through the eyes of three different generations. The topic of the August 5, 2008, edition was Lawyers. 2. Judge John F. Stroud, Jr. of Texarkana served on the Arkansas Supreme Court for one year in 1980 and on the Arkansas Court of Appeals from 1996 through 2004, the last four years as chief judge. Since retiring from the Court of Appeals in 2004, he has worked as a mediator and arbitrator for ADR Inc. He served as President of the Arkansas Bar Association in 1987-1988. 3. Richard L. Ramsay of Little Rock is a partner at Eichenbaum Liles P.A. where his practice consists of Commercial Litigation and Creditors Rights/Banking Law. He served as President of the Arkansas Bar Association in 2007-2008. He is part-owner of ADR, Inc. where he is a mediator and arbitrator. 4. Gwendolyn L. Rucker is a law clerk to Judge Jerome T. Kearney, United States Magistrate Judge for the Eastern District of Arkansas. She served as chair of the Arkansas Bar Association Young Lawyers Section in 2007-2008. n

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Arkansas’s Clinton Presidential Library and Crystal Bridges to the Western Culture and Cowboy Hall of Fame and the Oklahoma City National Memorial and Museum in Oklahoma, making the area an international travel destination. Presently, the USMM is engaged in local, state and national fundraising for the estimated $50 million project price tag. While great progress has been made, much work remains. Construction will likely begin when the goal is in sight. The USMM has already established itself as a “museum without walls.” It will continue to be so after the doors are opened. Endnotes 1. Judiciary Act of 1789, Section 27. 2. See In re Neagle, 135 U.S. 1, 10 S. Ct. 658, 34 L. Ed. 55 (1890), that established the authority of U.S. Marshals to protect the federal judiciary; see also, H. H. Walker Lewis, The Supreme Court and a Six-Gun: The Extraordinary Story of In re Neagle, 43 A.B.A. J. 415 (1957). n

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In Memoriam John Peter “Pete” Corn, Sr. John Peter “Pete” Corn, Sr. of Little Rock died February 24, 2012, at the age of 87. He graduated from Columbia University and earned his Juris Doctorate from Little Rock University Law School (now UALR William H. Bowen School of Law), according to an obituary in the Arkansas Democrat Gazette. He was a member of the Arkansas Bar Association and served on the Lawyers Assisting Military Personnel, Agricultural Law and Construction Law Committees. Justice Thomas A. Glaze Justice Tom Glaze of North Little Rock died March 30, 2012, at the age of 74. Justice Glaze served 22 years on the Arkansas Supreme Court, according to an obituary in the Arkansas Democrat Gazette. Previously, he was elected chancery judge in Pulaski and Perry counties and then the Arkansas Court of Appeals. In all, he served 30 years on the bench. He graduated from the University of Arkansas and earned his Juris Doctorate from the University of Arkansas School of Law. Upon his retirement from the Supreme Court, the other justices issued a per curium order memorializing his career on the court that stated in part: “Justice Glaze is known by his colleagues in the legal community as a defender of those unable to protect themselves. A voice for children and families in need, he was an early proponent of foster-care reform in the state. Justice Glaze advocated for the establishment of full-fledged courts for children’s issues and has long encouraged the appointment of attorneys ad litem to represent children.”

Judge John M. “Jack” Graves Judge John M. “Jack” Graves of Camden died April 11, 2012, at the age of 87. He earned his Juris Doctorate from the University of Arkansas School of Law. He was a former city attorney and prosecuting attorney for the 13th Judicial District. He was elected circuit judge of the same district in 1973. He retired after 26 years on the bench in 1998. He was a member of the Arkansas Bar Association and served as president of the Arkansas Judicial Council in 1988-1989. He was a World War II veteran serving in the U.S. Army Air Corps as a Ball Turret Gunner, according to an obituary in the Arkansas Democrat Gazette.

Thomas “Tom” Ledbetter Thomas “Tom” Ledbetter of Harrison died April 2, 2012, at the age of 74. He graduated from the University of Denver and University of Oklahoma and earned his Juris Doctorate from the University of Arkansas School of Law. He practiced law for almost 30 years in Harrison, according to an obituary in the Arkansas Democrat Gazette. He was a member of the Arkansas Bar Association and served on the Executive Council, Board of Governors and House of Delegates. He served on numerous committees and sections including the Professional Ethics, Social Security Law, Alternative Dispute Resolution, Law Practice Management and Editorial Board for Handbooks Committees. He was a Fellow of the Arkansas Bar Foundation.

Memorial Wall at the Arkansas Bar Center For information on purchasing a medallion in memory of a deceased member of the legal profession, please contact Ann Pyle at the Arkansas Bar Foundation at 501.375.4606 50

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William C. Nolan, Jr. William C. Nolan, Jr. of El Dorado died March 12, 2012, at the age of 72. He had served as the chairman of Murphy Oil Corporation since 2002 and had been a director of the company since 1977. He was a partner and general counsel of Munoco Company, according to an obituary in the Arkansas Democrat Gazette. He was also a partner in the law firm of Nolan and Anderson, which he and Edwin Anderson formed in 1969. He was a member of the Arkansas Bar Association. James M. (Jim) Simpson, Jr. James M. (Jim) Simpson, Jr. of Pine Bluff died February 4, 2012, at the age of 82. He was a World War II/Peace Time Navy Veteran, according to an obituary in the Arkansas Democrat Gazette. He graduated from Arkansas State Teachers College (now the University of Central Arkansas) and earned his Juris Doctorate from the University of Arkansas School of Law. He practiced law in Pine Bluff for 16 years and served as municipal judge of Redfield. He worked as a corporate attorney for Arkansas Power and Light (Entergy Arkansas) until his retirement in 2002. Gregory Giles Smith Gregory Giles Smith of Fort Smith died March 10, 2012, at the age of 60. He earned his undergraduate degree and his Juris Doctorate from Georgetown University. As a 30-year attorney and partner at Robertson, Beasley, Smith & Cowan, PLLC, he often provided pro bono services to the Arkansas Valley Lawyers for the Elderly. He was a member of the Arkansas Bar Association and served on the House of Delegates and the Lawyers Assisting Military Personnel, Legal Services and Environmental Law Committees. Leah Phelps White Leah Jane White of Muskogee, OK died April 11, 2012, at the age of 40. She graduated from the University of Oklahoma and earned her Juris Doctorate from the University of Tulsa College of Law, according to an obituary in the Lovely County Citizen, Eureka Springs. She was licensed to practice law in Arkansas, Oklahoma and Texas.

Arkansas Bar Foundation Memorials and Honorarium The Arkansas Bar Foundation acknowledges with grateful appreciation the receipt of the following memorial, honorarium and scholarship contributions received during the period January 1, 2012 through April 30, 2012: In Memory of Charles P. Allen Designated to the Ernest G. Lawrence, Jr. Scholarship Fund Judge James G. Mixon In Memory of Roy Lee Baker, Jr. Jan and James Sprott In Memory of Judge Melinda Gilbert Elizabeth Branscum Burgess In Memory of Justice Thomas A. Glaze Barbara and Stephen Bonds M. Gayle Corley Officers and Staff of First National Bank – Arkansas Region Judge Bradley D. Jesson Catherine L. and John T. Lavey B. Jeffery Pence Sue and Judge John Plegge Roscopf & Roscopf, P.A. Marietta and Judge John Stroud Mike Wilson In Memory of Judge John M. Graves Edward T. Oglesby Sue and Judge John Plegge Jane and Dennis Shackleford In Memory of John Roland Julian Patti and Charlie Coleman In Memory of Stanley R. Langley W. Frank Morledge Judy and Glenn Vasser In Memory of James Milton Simpson Jefferson County Bar Association

The Arkansas Bar Foundation expresses its appreciation to

Judge Robert “Bobby” Fussell for his generous memorial and scholarship contributions given in memory of the following individuals:

Judge Richard Arnold Dean Richard B. Atkinson Dr. Bob Benafield Doc Baker Sandra Cherry Buddy Coleman Jimason Daggett Phil Dixon Winslow Drummond Vince Foster Gaines Houston David Jacobs Fay Jones Leland Leatherman James H. McKenzie – (Horace and James McKenzie Scholarship) Governor/General Sidney McMath Peggy Meriwether JoAnn Moody Judge William R. Overton – (Judge William R. Overton Scholarship) Fred Patton Bob Peck Ray Reed Judge Elsijane Roy Ike Scott J. L. “Bex” Shaver Peggy Sutton Suzanne Thompson Jack Tucker Randy Warner Judge Franklin Waters Roxanne Tomhave Wilson – (Roxanne Tomhave Wilson Scholarship) Judge Henry Woods – (Judge Henry Woods Scholarship) In Honor of David Solomon – (David Solomon Scholarship)

Honorarium and Scholarship Contributions Arkansas Association of Women Lawyers Scholarship Fund Arkansas Association of Women Lawyers Rose Law Firm Scholarship Fund Rose Law Firm U. M. Rose Scholarship Fund Rose Law Firm Sebastian County Bar Association Scholarship Fund Sebastian County Bar Association Henry Woods Scholarship Fund John F. Courtway Memorial Gifts Please remember the Arkansas Bar Foundation when you choose to make a memorial gift honoring a family member, a colleague or a friend of the profession. Acknowledgements are sent by the Foundation to the family advising them of the contribution. The Foundation also receives and acknowledges gifts honoring individuals for a special event in their lives. Gifts to the Foundation are tax deductible for federal income tax purposes and support the Foundation’s charitable work. Contributions may be sent directly to: Arkansas Bar Foundation 2224 Cottondale Lane Little Rock, Arkansas 72202 Please feel free to call the Arkansas Bar Foundation at 501.375.4606 for further information.

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