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VOLUME 32, NUMBER 3 PUBLISHER

Arkansas Bar Association

01 el S

Phone: (501) 375-4606 Fax: (501) 375-4901 Homepage: www.arkbar.com E-Mail ARKBAR@jntellinet.com

Features

LAYOUT & DESIGN Sara LnlJdis EDITORIAL BOARD

PAGE

Thomas M. Carpenter Susan Goldner Sarah James Al Schay

CONSCIENCE AND COMPETITIVE SPIRIT

OFFICERS President Jack A. Me ulty President-Elect Robert M. Cearley, Jr. Immediate Past President Harry Truman Moore Secretary -Treasurer Daniel R. Carter

Executive Council Chair Jack Davis Young Lawyers' Section Chair Scott Morgan Executive Director Don Hollingsworth Assistant Executive Director Judith Gray

On the Cover: Jack McNulty with his family (clockwise: Mark, Scoff, Montine, Jack and Allison) in Hot Springs during the 99th Annual Meeting of the Arkansas Bar Association.

Photo by Cindy Momchilov

BRJNG NEW DEAN TO UALR SCHOOL OF' LAW

11

BILL BOWE '

12

1997 AWARD RECIPIENTS

13

THE YEAR

2000: A PROBLEM FOR YOU?

14

by Nancy Bellhouse May BRAVE NEW WORLD: ARKANSAS'

1997

BANKING LEGISLATION

16

by W. Christopher Barrier and John S. Selig PRO/CON: TERM LIMITS

EXECUTIVE COUNCIL

PRO by Ted Thomas

J.

Ray Baxter William M. Bridgforth Daniel R. Carter Robert M. Cearley, Jr. Thomas A. Daily john A. Davis, [II Thomas F. Donaldson, Jr.

LynnM. Rynn Dave Wisdom Harnxl.

Michael E. Irwin Louis B. Jones, Jr. Thomas D. Ledbetter Jack A. McNulty Michael W. Mitchell Hany Truman Moore R. Scott Morgan Brian H. Ratdjff Stanley D. Rauls Steven T. Shults James D. Sprott

CON: by Manha Miller Harriman

20 22

JACK MCNULTY

by Stacey DeWitt

24

RULES, R LES AND MORE RULES

by Larry Brady

31

TOPICAL INDEX OF JUDICIAL ADVISORY OPINIONS Photo by Cindy Momchilov

36

In Every Issue

Lynn Williams 11It' 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 Tht' Arkallsas Lawyer, 400 West Markham, Little Rock, Arkansas 72201. Subscription price to non-members of the Arkansas Bar Association $15.00 per year and to members $10.00 per year included in annual dues. Any opinion expressed herein is that of the author, and not necessarily that of the Arkansa.s Bar Association or Tile Arkansas Lawyer.

Contributions to n,e ArkatlSas Lawyer are welcome and should be sellt in two copies to EDITOR, n,l' Arkansas Lawyer, 400 West Markham, Little Rock, Arkans.1s 72201. All inquiries regarding advertising should be sent to Tile Arkansas Lawyer at the above address. Copyright 1997, Arkansas Bar Association. All rights reserved.

by Jack Me ulty 3 A LITTLE GOOD NEWS, by Daniel T. Slidham 4 EXECUTIVE DIRECTOR'S REPORT, by Don Hollingsworth 5 LAW OFFICE TECHNOLOGY, by Jacqueline S. Wright & Timothy H. Holthoff6 LAW, LITERATURE & LAUGHTER, by Judge Vic Fleming 9 CLE & ARKANSAS BAR ASSOCIATION CALENDAR 15 YOUNG LAWYERS SECTION REPORT, by Scott Morgan 33 JUDICIAL ADVISORY OPINIONS/JUDICIAL DISCIPLINARY ACTIONS 35 LAWYER DISCIPLINARY ACTIONS 37 IN MEMORIAM 47 PRESIDENT'S REPORT,

President's Report

A Century of Professionalism and Service

by Jack Mc ulty It is with a great sense of pride and a greater sense of respect that I have entered into office as the IOOth President of the Arkansas Bar Association.

A sense of respect

because of the achievements of those 99 Presidents who have held this office before me. A sense of respect because of the achievements of those thousands

of those engaged in the practice of law high ideals of integrity. learning. competence and public service. and high standards of conduct: to encourage cordial relations among lawyers; to provide a forum for the discussion of subjects pertaining to t.he practice of law and related subject.s: to carry on a pro-

gram of continuing legal education

upon thousands of lawyers who have.

among lawyers; to carry on a continu-

over those 99 years. voluntarily spent

ing program of legal research in technical fields of law, practice and proce-

untold hours of their time serving our profession and the public interest through committees and sections of the Bar Association. A sense of respect

and a deep sense of responsibility because I have been entrusted to lead this association into another century of professionalism and service.

It has always been an honor for one to become President of this Association at any time, bUI it is a special privilege for me to become President at this par-

ticular time. During 1998 we will celebrate the lOOth year of existence of the Arkansas Bar Association. It will be a time to celebrate 100 years of pro-

dure, and to make reports and recommendations thereon; to improve the

judicial and legal process, and the science of jurisprudence. and to advance law and order; to encourage Ihe fonnalion and activities of aUlonomous local, county and district bar associations; to encourage practices thaI would advance and improve the honor and

dignity of the legal profession; and to encourage the legal profession and its

individual members to perform and to discharge more effectively and efficiently their responsibilities in the pub-

fessional ism and contribUlions in the

lic interest.

As we celebrate our centennial. we

public interest.

should keep these

It will be a time to

pause on our quest to reach the summit of service and appreciate how far we have come. It will be a time of transi-

tion - from looking back at our past to looking forward to our future.

As we enter into this time of celebration and renection. we should remember that our participation in the learned profession of law is a privilege granted to us and carries with it the

have learned from the past..:.

I Do Solemnly Swear or Afftnn: I will support the Constitution of the nited States and the Constittllion of the State of

Arkansas, and I will faithfully perronn the duties of attorney at law.

I will exhibit. and I will seek to maintain in others. the respect

due courts and judges.

I will, to the best of my ability, abide by the Model Rules of Profe sional Conduct and any other slandards of ethics proclaimed by the courts. and in doubtful cases I will aHempt to abide by the spirit of those ethical rules and precepts of honor and fair play.

I will nol renect, from any consideration personal to

myself.the cause of the impoverished. the defenseless, or the oppressed.

I will endeavor always to

responsibility to meet professional standards and expectations. It is not simply a means to make a living.

The first statement in our Constitution lists the purposes of our organization: All in the public interest, to advance the administration of justice according 10 law; to aid the courts in carrying on the administration of justice~ to fost.er and maintain on the pari

purposes in mind

and celebrate those who first wrote them and those who have made them a reality during our first 100 years. At the same time. we should be preparing ourselves and our profession to face the future with the wisdom of what we

OATil OF OFFICE

advance the cause of justice

and

10

defend and to keep invi-

olate the rights of all persons

'<;-

whose trust is conferred upon

il'"

me as an attorney at law.

{j

'"

" ~

'"

"'fjVa

DOT

At Left: The Seal that will be used by the Association to commemorate the Centennial Year.

A Little Good News

Greene County Courthouse: State of the Art, User Friendly & Paid For

by Daniel T. Stidham The citizens of Greene

County and the Greene County Bar Association are very proud of our new Courthouse. To understand

our pride, you must first be apprised of a little history. Our "old" Courthouse was built in 1888. It was a magnificent structure, but as the years passed and as Greene County grew, it became imprac-

would go to an alternate beneficiary.

This gift, when combined with the generous lestamentary gift of another prominent family. Mack and Vestal West, gave Greene County almost a quarter of a million dollars to use to

build a new Courthouse. Judge Light's widow passed away in November, 1987, and the clock was ticking.

The

Courthouse

has

three

(3)

Courtrooms, Municipal, Circuit &

Chancery. For the first time in the history of Greene County, this year, three different Courts were convened in the

same building al the same time. All COLIrl personnel, including the Court

Clerks, Probation Officers, and even the Prosecuting Attorney are housed in

the facility.

We are even capable of

The Greene County Bar Association implemented a plan designed to gain community-wide support for the construction of a Courthouse.

A Courthouse Commiuee was selected which contained members from a cross-section of the community as well as government leaders.

This Committee gained wide support for the

the two large courtrooms which make conferring with clients and witnesses easy and confidential, an impossibility

Light had jokingly issued an offer of

projcct, but the projcct seemed doomed

in the Old Courthouse.

immunity, from criminal prosecution, to any person who would bum the facility down. Judge Light's attempts to get

when a dispute arose between the City and the Counly over allocation of lhe proceeds of a proposed sales t.ax designed to pay for the new facility.

This provided a significant challenge

Don Hollingsworth was present when we unveiled the bronze plaques

tical and fell into a state of disrepair.

Several attempts were made to create support for the construction of a new

facility, but they all fell short. Circuit Judge Charles Light, who retired in

1973, despised the old facility and its inadequacies. Legend has it that Judge

a new Courthouse built during his lifetime failed. But ironically, his death in

1982. coupled with the generosity of his widow, Margaret Anne Light, who passed away a few years later, laid the groundwork for the ultimate construction of the Courthouse.

Margaret Anne Light, in honor of her

husband, bequeathed the sum of $100,000.00 to the citizens of Greene County. TIlis sum, placed in Trust, was earmarked to be used to furnish a Courtroom in a "new" Courthouse in

Greene County. The Will had a "sunset" provision, which stated that if a new facility was not built within ten

years of her death, the $100,000.00

having two jury trials occur simultane-

ously as the Courthouse is equipped with (wo jury-ready Courtrooms and

deliberation rooms. A bank of Witness rooms are conveniently located outside

dedicating the "Charles W. Light Courtroom" and the "Mack & Vestal West

Courtroom"

In

OUf

new

to the Bar if the project was to be saved.

Attorney Robert F. Thompson was ready for this challenge, and singlehandedly brokered an agreement

Courthouse, and also served as our

between the City and lhe County which led 10 a special election on the sales tax issue. The citizens of Greene County warmly embraced the idea of this sales

was clear 10 me Ihal he understood the pride in our Bar and the pride we have in our community in achieving this magnificent goal. .:.

tax, and the new facility was completely paid for before ground was ever bro-

Daniel Stidilam is immediate Past President of the Greene-Clay County Bar Association. The dedication of the two courtrooms was part of their Law Day Celebration in May. Tile Courtrooms are (IVa of the best ill Arkansas.

ken to begin conslruclion.

Construction was completed ahead of

schedule, and City. County, and State Offices moved into the new facility in January of this year.

guest speaker, later Ihal evening, at OUf

annual Law Day Banquet. As I listened to Don's remarks during the banquet, it

Letters Welcome The Arkansas Lawyer welcomes reader comments in the form of letters to the edilor as well as "good news." Leners should penain to recent articles, columns or other leuers and should be no longer than 250 words. Anonymous letters will not be published. The editors reserve the right to edit letters for style, length and continuity. Letters intended for publication should be scnt to: Letters, The Arkansas Lawyer, 400 West Markham, Little Rock, AR 7220 I. HOW TO REACH THE ARKANSAS LAWYER: Write to the editors of Tile Arkansas Lawyer at 400 West Markham, Little Rock, AR 7220 I or fax correspondence to 501-375-3961.

ADVERTISING: Advertising rates and infonnation are available upon requcst. Contact Sara Landis at 501-375-4606 or 800-609-5668. New Advertising must be pre-paid.

Executive Director's Report

Association Changes of Note

by Don Hollingswonh This column will highlight important changes with member benefits, the Lawyer Referral System, the Editorial Advisory Board for this magazine, new (ask forces, and other matters. We

encourage your questions about them, and we welcome your suggestions.

HANDLING ApPEALS IN ARKANSAS.

This is the newest practice handbook of the Arkansas Bar Association, and it is available in print and CD-ROM. A 1997 Revision of the Arkansas Form Book will be available soon.

LAwn:R REFERRAL SYSTEM. Al its June 141h meeting the House of Delegates voted lO discoJllinue the LRS, and thus it will be phased out during the next month or so. Your Association was faced with the same dilemma of other state bar associations in the U.S. As lawyer advertising has increased, the basic need for a statewide LRS has declined. This has been manifested by a lower rate of attomey par-

ticipation in the LRS and a reduction in the number of callers who actually want to hire an attorney.

Continuation of the current LRS was nol a realistic option. In order to make the LRS a self-supporting and quality operation, il was estimated that $80,000 annually would be necessary for three to five years. The new LRS would have to include fee-sharing, the approval of which is pending with Ihe Supreme

Court of Arkansas, and advertising by the LRS itself in order to altract referable cases. (If fee-sharing is approved, the Association may some day implement a new LRS.) The Arkansas Bar Association is moving to increase ils public information efforts in order to provide useful

infonnation on the legal system to citizens statewide. These efforts should reach and help many more individuals than did the LRS. ENVIRONMENTAL. LAW SECTION. The

House of Delegates approved the Environmental Law Committee becoI11-

ing a Section. Association members wishing to join this new section should contact our office. The annual dues for this Section is $35.00.

STACEY DEWITT is now the Association's independent contractor

for legislative and media relations.

Stacey's replacement as editor of this magazine has not yet been decided.

While we are sorry to lose her as a fulltime employee, we will still benefit from her talents in the above areas.

EDiTORtAL ADVtSORY BOARD. With this issue of the Lawyer, we say goodbye and thanks 10 Susan Goldner and Sarah James who have served on the

Board and assisted with the publication of the Lawyer. An expanded Board has been appointed. Joining holdovers Tom Carpenter and AI Schay are Martha Londagin, Judge Wiley Branlon, James C. Graves (Nashville), Gerry Glynn, Jacqueline Wrighl, MOrl Gitelman, Tom McGowan and Stacey DeWitt.

PLUS MtLES OPTION. This is a new feature of the MB A Platinum Plus MasterCard, which has special benefits for our members. See page 2 herein for information on this and other member benefits.

FISCAL YEAR CHANGE. While not a sexy issue, I am delighted that the House of Delegates approved changing the Association's fiscal year from JulyJune to January-December. This will be effective January I, 1999, and it will eliminate the problem of most Association revenue coming at the end of the fiscal year, which made financial planning more difficult. (Annual membership dues, annual meeting registrations, and the Best of CLE occur in May and June each year.) The change is also helpful by moving the closing of the fiscal year and annual audit to the winter months, which is much less hectic for Association staff than the spring.

MEMBER BENEFITS AND DEVELOPMENT. Your Association is always interested in member feedback

on specific rnembership benefils as to substance and price.

There is now a separate Member Benefits Committee. As a part of this restructuring, a new Membership Development Committee has been established to increase membership throughout the state and especially among younger lawyers, government attorneys, and minority attorneys.

SUSTAINING ME~1I1ER COMMITTEE. This commillee has been expanded to twenty-one members and will be working lO increase the number of Association Sustaining Members from the current 205 10 at least 260.

Sust.aining members give $100 each year to the Arkansas Bar Association to fund special projects which the Association could not ot.herwise have afforded.

TASK FORCE ON MEMBERSHll' DUES STRUCTURE. This new task force will study the Association's current dues S(Tucture, which is based primarily on years admitted to practice and which also has specific dues rates for judges, oul of st.ate members, and retired members. We encourage members to share their opinions on the current structure.

TASK FORCE ON LEGAL RESEARCH,

PUIlLICATIONS AND TECHNOLOGY. This task force will evaluate the Association's options in regard to its future relationships with companies in these areas of business. An important part of this evaluation is the degree to which the Association should make an investment in the publication of additional handbooks as weU as more formal library series, utilizing prim, CDROM and internet versions.

NEW EMI1LOYEES. Adrienne Brietzke is our Director of Special Programs and Markeling Pamela Fikes is our new secretary.â&#x20AC;˘:.

ne ,Irkansasl.l\\jrr Summer Illi

Law Office Technology

A Year on the Web: A Report on the Arkansas Judiciary Home Page

by Jacqueline S. Wright and Timothy N. HolrllOff In the Beginning... It all began in the winter of 1995. Tim Holthoff. the Assisl3nl Supreme Court Librarian. completed his fall semester law school exams and was looking for some fUll. Now. "fun" 10 Tim takes on a different meaning than to the rest of us.

For nearly a year. Tim had explored the intricacies of clscape. a computer program that is used to browse documents and graphics on the World Wide Web - the Intemel. He had used the "Reveal Codes" command to view the HTML code for web pages he visited.

HTML slands for Hypertexi Markup Language. It is used 10 make text documents come alive on the Internet with colors. pictures. sounds, and different sizes of fonts in the text.

In order to learn to use the HTML codes, Tim started writing HTML documents. He experimented with colors and lex!. some of which he scanned with a crude device that deserves no further mention. Then he found some graphics Ihat he liked. and was ready 10 debut his creation. You have never heard such "oohs! and aahs!"' It was only a page or two with some description of the appellate coun system, but it generated a lot of excitement.

This was one of those times when things come together to make something wonderful. Governor Jim Guy Tucker decided Ihat Ihe State of Arkansas would have a home page on the Internet: some decisions regarding the publication of appellate court opinions made it possible to release the opinions in electronic fonnat the same day the opinions were issued by the courts: and Tim wanted to learn HTM L. This "harmonic convergence" made a Judiciary web page possible.

The first step was to gain some real experlise in the basics of HTML. Tim purchased a book and studied the code from other Illlernet sites. Then we had to make some decisions. What information about the court system should

we make available on our home page?

How complete should it be and in what format?

The court publishes a brochure for visitors to the Justice Building. h has infonnation about the court and the courtroom. And the Administrative Office of the Courts had just published the 1994-95 Arkansas Judiciary Annual Report. so the text to start the pages was readily available.

Using otepad. a scaled-down word processor that accompanies Microsoft Windows, Tim started adding HTML codes to the text scanned from the Annual Report and brochure. It was a simple malleI' to add the codes, save the file, then view the results in Netscape Navigator.

He saw the page. and it was good...

Wilh Ihe basic pages completed, Jackie presented them to J.D. Gingerich, Director of Ihe Adminislrative Office of the Courts.

After gelling his approval, we started making arrangements to put Tim's work product on the Internet.

The fun was over. The work began.

There were administrative details to be considered. internal decisions to be made. and much planning 10 be done.

This involved people outside our agency as well as some who work for the Supreme Court.

Because the Judiciary did not have an Internet server and had no plans to get one. we surveyed other possibilities. We considered leasing space from a commercial vendor or locating a server whose owner would allow us to dial111.

We concluded that the Judiciary pages should be on the same server as Ihe tale of Arkansas Home Page. The server is maintained by the Arkansas Department of Computer Services, whose staff could not have been more helpFul. When we connected with the people in charge of Ihe State of Arkansas Home Page, we also connected with Iheir experlise, which they generously shared wilh LIS.

The Supreme Court and Court of Appeals opinions have been written electronically for several years. On the day the opinions are handed down. they arc given to the Reporter of Decisions.

William B. Jones. Jr.. who writes the headnotes then sends them to the printer of Ihe Arkansas Reports.

Mosl courts publishing opinions on the Internet make them available in the format that they are authored. TIlis is usually a fornlat that is not useful to a web browser. such as Netscape, so we had to decide how to get the opinions in a "browsable" fonnat.

We experimented with conversions to HTML and other formats. We ultimately decided to make the opinions available in the original WordPerfect 5.1 for DOS fortnat for downloading, and a plain ASCII lext fonnat for web viewing. The ASCII text loses some fonnalling infonnation. such as the ยง symbol. underlining. italics. and footnotes, but the tcxt of thc opinion is there.

A great deal of planning went into the file and direclOry structure on the web server. This was a very complcx technical issue that Jackie has yet to figure out. When we started. we put all of the opinion files in a single directory.

This did not work because the filenames are based on docket numbers, and many docket numbers have several per curiam opinions in addition to the final decision. Because the opinions do not have unique numbers. they are difficull to manage. We Ihen decided 10 organize the opinions in separate directories by date so that the main opinion would not overwrite an earlier per curiam opinion. The opinions would then be accessible by date.

On Monday and Wednesday. when the courts hand down their opinions, Wade Hankins, the Records Manager for the A.O.C., retrieves Ihe files for the syllabus from the docket syslem in the Clerk's office. He Ihen e-mails the files

Do WE Go FROM HERE? The web pages have been operational

the librarians. We merge the files inlo a single syllabus file that we e-mail

cover sheets to replace the original syl-

to the Assistant Reporter of Decisions

cover sheet includes a brief synopsis of

before we POSI it to the Ark-Lawyers email discussion list I The court syllabus

the published opinions. and the opinions are ordered by party names instead

for more than a year. While we are adding more infonnation. users of the web site are requesting more types of

is used as a matrix from which the text

of aUlhoring Judge or Juslice. So. each Friday Ihe original slip opinions for the

calls and e·mail messages requesting

10

labus for Ihe links to the opinions. The

WIIERE

infonnation.

The library gets phone

of the opinions is accessed. Fonnatting the syllabus with HTML coding is a

previous Monday and ils preceding

Supreme Court and Court of Appeals

time-consuming process that we have improved by creating macros for OUT

Wednesday are replaced wilh an opinion with head notes and editorial correc-

word processors.

After processing Ihe syllabus, we get the published opinions and orders from the Reporter of Decisions. We merge the majority opinions with dissenting or

tions. These opinions are the functional equivalent to the printed Arkansas Advance Reports. Then the entries for the cover sheets are added to an alphabetical list of case names in the case name index. Again because of the file

docket information. 2 People want access to appellate briefs. transcripts. and unpublished opinions.

Internet users. including lawyers and lay people, want and need more infonllalion about the trial courts.

Without additional personnel or

concurring opinions. Then we convert

the files 10 ASCII. We also create a ZIP file of the WordPerfecl formatted opinions. This is a single. compressed file that comains all of the opinions for thai day. The published opinions and syllabus are then placed on the Intemel within a couple of hours of the time

they were handed down.

size. Ihe index files are separated by tenn of court.

Although there is no search engine. a

user may search the index files by using the Find command available in all web browsers. Fortunately. there are some search engines. such as LawRunner

El.ECTRONIC AIlVANCE REPORTS

(http://ilrg.com/gov/ar.html). that actually index Ihe Arkansas Judiciary sile

To retrieve an opinion on the Internet. visit the Arkansas Judiciary home page at http://www.stale.ar.us/supreme-

so that users can conduct full-text searches of our opinions.

OT JUST OI'INJONS

court/. then select the Opinions link.

The Arkansas Judiciary Home Page

This will take you to a page that lists

continues to grow. After ~1 year of service to the Internet world, with more than twelve thousand hits on the home page. we continue to add new infomlation to the pages.

the courts and sessions. Because of the

volume of opinions published by the courts. we separated the opinions into

Spring and Fall lerms of court.

Choosing one of these links will take you to a page listing dales of available opinions. From there. you may select a

We recenlly added the 1995-96 Arkansas Judiciary Annual Report 10 the web. The Reporter of Decisions has

date to browse the syllabus of that date.

From Ihe syllabus page you may view the ASCII version of Ihe opinion or download Ihe WordPerfect fonnalled

made his appellate style manual availMelanie able to interested parties.

opinion.

Soon after we cre~lted the web pages. we realized that date access alone was insufficient. Afler investigating some search engines. we decided to use information from the Reponer of Decisions to construct case name indexes because a search engine would be too adminis-

to publish on the web.

tratively burdensome.

The goal throughoul has been 10 provide this information quickly and easily. We have undertaken Ihis project without addilional funding or slaff. so simplici-

Ewell, Ihe Allernate Dispute Resolution Coordinator, is gathering infonnation This year the Arkansas Continuing

Legal Education Board pages were added. There you will find the C.L.E. rules and regulations for members of

the Arkansas Bar. We also regularly update a schedule of regional C.L.E. courses.

More infomlation was added on the

Arkansas Bar Exam. The Arkansas State Board of Law Examiners page includes general information about the Arkansas Bar as well as the Rules Governing Admission 10 the Bar of

ty was. and still is, imperative.

Each week the Reponer prepares headnotes and the cover sheet for the printed Arkansas Advance Reports. We

Arkansas. Eventually the results of the bar exam will be posted on the same day that they are posted on the doors of

decided to use the lexl file of these

the justice building.

funding. it is unlikely thai there will be any major enhancements to the web pages. Although we enjoy our involvement. we have neither the time nor the resources to expand the capabilities of

the web pages.

The Arkansas Judiciary Home Page has been a great experiment. We have a

greater understanding of the problems and processes that the various branches of the judiciary encounter in order to publish information. There is more communication and cooperation in the Justice Building today because everyone must work together 10 keep current the information on the Il1lernet.

Everyone involved in the process is

dedicated 10 the purpose of the home page - to make public infonnation available to the public in as convenient and meaningful a way as resources allow.·:·

J. The Ark-Lawyers e-mail list is an electronic discussion group Jar Arkansas legal issues. To subscrihe to the list. send the following message to Iistproc@citalJra.uark.edIl: subscribe Ark-Lawyers Your Name. YOIt will be

added {o Iile lis' of recipiell/s for all messages sent to Ark· Lawyers@citabra.uark.edli.

2. The aurhors may be reached bye· mail at the [allowing address: arsdib@mac.state.ar.us. \\Ie enco",·· age commelJls alld suggestions about how 10 make the web pages more use· fir/· Jacqueline S. Wright is the Supreme Court Librarian and Timothy N. Holthoff is the Assistant Supreme Court Librarian.

T~

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Law. Literature & Laughter

"Edgington Revisited...Plus the Doughnut Made Him Do It" Copyright 1997 By Judge Vic Fleming The more things change. the more they stay the same.

Twelve summers have come and

gone since LLL was born. Way back then, the columnist was entering his seventh year of law practice and was

collecting unusual examples of legal dialogue in coun and in deposition

transcripts. Such as: Q. Who else?

A. A man named Clyde Dodd.

Q. Dodd?

A. Yeah. He's dead.

Q. Dead?

A. Very dead.

MR. CLAPP: He died? Dodd?

A. Clyde died.

MR. RAMSEY: In degrees of death, he's at The extreme?

Q. What was he. a bookie or a friend?

A. He was a bookie ollly, which I suggested that readers render aloud to acquaintances, for maximum

effect.

And also such as Q. Do you recoglli:e the person in Plaimiff's Exhibit 8?

A. yes.... Ir is Mr. Edgington.

Q. Do )'ou recall/he time that yOlt examined rhe IJody of Mr. Edgington or the Rose Chapel?

A. If was in the e1'elling. The autops)' started at aboUl 8:30 p.m.

Q. And Mr. Edging ron was dead at (Iwl/fme. is that correct?

A. No, yon dllmb #*%@!#. He was siuing all rhe table wondering why I was doing an autopsy, which, by the way, has continued to entertain audiences in over 30 zip

codes.

And such as this exchange between a lawyer and a judge. following some testimony about dogs: Q. Generally, when you have people our for a party, do you keep them i" a cage?

JUDGE: YOIl meallthe dogs. right?

As a full time judge, I can attest

that these types of exchanges have not abated.

In my very own court I have heard lawyers and witnesses engage in dia-

logue, which, taken later as a part of the overall human condition in the context of a rich and luxurious lan-

guage, seems-well, you be the judge: Q. How can )'ou be sure you were going 35 miles per hOllr at the time?

A. Well. just before I saw rhe policeman, I looked down at my speed thermometer.

And Q. What did you discol'er regardiug YO/lr insurance whell you called the agem?

A. He told me that Illy policy had collapsed.

And also this: A. Well. I asked the cop why did he stop me and Ite said speeding or some~ thing like thaI and then he told me thar my license were prol'oked.

Then, there was the college kid whose testimony went like this: Q. You said yOIl were 01/ the 1-630 access road. Were you headed east or west?

A.l'lIIfrom Califol'llia.1 dOI/'t know the difference.

In a case where the defense to a

fire-lane parking charge was a lack of proper signage. the ticketing officer look exception: A. There were four properly resurrected siglls i/l [he parking lot.

Very recently, the following was testified to by an extremely competent officer of the law: A. I asked the l'ehicles 10 11I0\'e.

And there was this from a distinguished gentleman, cited for not showing up. an offense that generally goes

by Ihe handle "failure to appear":

De/endam: Your !tailor, before we gel started here. I would like to

address the iss"e of Illy fail"re to

who have testified

essentially as follows: A. I was goillg through the ill1ersectiolJ when (his car came from nowhere and hit me.

In conclusion, there was the testi-

mony of an alleged speeder that prompted me myself to get into the dialogue: A. Well. Iliad a dougill/ur all Illy car 'hat day. so ;1 was riding a little IIgl" .

And he had quite a bit more to say, none of which answered the question

that I had jotted down in my court notes: "Doughnut? ..On his car?"

Then when the city attorney did 1101 cross-examine on this unusual line of

testimony, I had

10

ask for a clarifica-

tion: Court: This doughnut on your

COl:

Was it a gla:ed or a cinnamon cake doughnut?

De[endam: No, sir, it was one of tllose linle billy spare tires.

The more things change...â&#x20AC;˘:.

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Not to mention numerous persons

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short. but you 're slow,"

When Rod Smith told his father he wanted to

Smilh shows a competi-

Arkansas, he a favorable

tiveness in his work, 35

response: "This is good."

sively on sports law, espe-

Smith. the incoming Dean at the ALR School of Law. accepted the word of his father, who knows

cially intercollegiate ath-

move to received

well. He has wrincn exten-

Jelics. with a recent article

making the case for Ihe development of women's

fooL ball al the intercollegiale level. Arguing that

about our wonderful state

because his grandfather grew up in Valley Springs 80-plus years ago.

But fatherly advice is not the only reason the 46year-old Sm ith, a father of eight children, accepted the job in Arkansas. "I'm not

access is the key to gender

equalilY, Smith said Ihat more women can play foot-

ball Ihan can participate in synchronized swimming or badminton.

On another favorite

interested in being a care-

topic:

taker

dment is not solely about

dean,"

he

said.

''The First Amen-

Instead, he intends to lead

religion: it is about con-

a solid institution

with

science;' Smith said while

national goals that can be set and met. UALR School of Law, with strong com-

discussing a book he is writing about OUf country's need

munity involvement and a

science.

budding fundraising effon, has that dynamic. Smith

children, who range in age

arrives at his post August I

Rodney K. Smith activilies. He and his wife

from Capital Law School in Columbus, Ohio. He has served previously as dean at the University of Montana School of Law and at Capital.

While planning his move to Arkansas, Smith

to

promote

con-

He teaches his

from 8 to 21, by hands-on

CONSCIENCE AND COMPETITIVE SPIRIT BRING NEW DEAN TO UALR SCHOOL OF LAW

took time off to talk about his aspirations for the School of Law and its students. A storyteller at hean, Smith compared being dean to conducting a symphony, saying, "You relish the violins, take joy in the French horns, and when they all play together, it is a moment of wonder."

"The goal for faculty is to tie their vision to other constituencies--like the Bar, the citizenry. and the medical establishment. We need to show the community what a law chool can do," he said. Emphasizing that a dean's job is to ascertain the ambition of the faculIy, students, and friends of the Law School and facilitate thai ambition, Smith does not believe a dean st.eers an institution alone.

Fuel to move the Law School ahead

will come in significant part from fundraising effons, Smith said. But you can'l ask for financial suppon without giving donors a program that merits investment. UALR's School of Law can demonstrate that merit, Smith said, citing examples such as the upcoming September Law Review national symposium thai will focus on religious liberty afler Ihe Supreme Coun's impending decision in City of Boerne v. Fares. When UALR hosts all national law reviews this spring, it will have anolher opponunity to be on positive display, he said.

Rod Smilh is an academic allAmerican who leads wilh his heart. laking thai his college basketball coach was tempted 10 say: "Rod, you're

Danielle and the children recently spent time in their

neighborhood and at school and work gathering linens to give to the home-

less. His five children still in the home all attend public schools.

The UALR School of Law campus, Smith

believes, should be a center point, a

home for the legal community and a place where people can gather 10 promote justice and fairness.

In summa-

rizing his goals for UALR law graduates, Smith noted that he is pleased that many graduales will enler a "people practice." Because they will represent people whose voice deserves to be

heard, he said, Ihey must learn the three C's of our profession: caring deeply about their clients; competence in the law; and conscience and a sense of pro-

fessionalism.":路

II Til Irhllil LI~W

S.lllr 191i

BILL BOWEN Dean Bill Bowen leaves the posi-

William Jefferson Clinton Law School after President Clinton.

While the project has been put on hold at the President's request,

tion at UALR to take on new challenges and continue the service work to which he has dedicated masl of his

life. Among his volunteer efforts will

Bowen believes the name change

be his work with the Arkansas Bar

could elevate the status of the school.

Association. Bowen has graciously agreed to chair lhe Sustaining

Alumni program and helped con-

Membership

clude accreditation issues.

Committee.

Bowen

The

numeric goal for membership is 400, but Bowen says numbers and money

has

also

revitalized

the

In the

future, Bowen hopes the faculty will continue to be strengthened, funding will be improved, and the school will

alone won't change the image of the

profession. Rather, says Bowen, "the best way lO address lawyer image is

continue to push for the Clinlon

to work in the bar and self regulate."

Meanwhile, Bowen's immediale plans include a trip to Colorado and a cruise to Scandinavia.

When he returns, Bowen will office in the First

Fund-raising is one of Bowen's

many strengths. He came to UALR School of Law for a two-year stint while a national search for a pennanent

Dean was conducted.

During his

tenure, he laid the ground work for

Library to be located in Little Rock. development and established an Office of Development at the school that will focus mainly on raising money. Bowen

also worked diligently on the idea of naming the UALR School of Law the

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You've added RAM, upgraded your modems, linked your PCs on a LAN, and even expanded your disk space by installing an external drive or two. Just when you thought it was safe to boot up, though, here comes yet another task

for which you may not be prepared: ensuring thai your computer is Year

2000 compliant.

Back when software engineers first began writing code, memory was so

scarce and expensive Ihat program-

mers, eager to conserve disk space, adopted the MM/DD/YY convention for entering dates.

That convention

never changed, so July 12, 1915, for

to be on the cuning edge in six months.

Defying all expectations, though, many creaky old mainframe computers, and

lots of the code originally written for them (much of it in runic languages li.ke COBOL), are still in use.

Unhappily enough, both this ancient hardware and the comparatively primitive code lhal runs it are used by large corporations and government institutions, which were among the first 10 invest heavily in computer technology.

OUf insurance records, OUf financial accounts, our medical histories... il's this kind of infOlmation that's kept on the old machines. And their continued

computer syslems, and assuming as well that those entities' experts are working hard on a fix for the main-

frame problem, should you be concerned about your PC instead? It depends. Pentium-based machines running Windows 95 should be fine, as they handle date infommlion in a relaEvery lively sophisticated manner. machine in the Macintosh line is engineered to accommodate dates running

into the 21st century, and UNIX-based processors can process dates through at

least the next 30 years. If you-like me-sometimes use an upgraded 486 running DOS and Windows 3.1, though, you might not be immune.

But don't despair. There are several places at which to learn more aboul

TH EYEAR 2000: A PROBLEM FOR YOU?

By Nancy Bellhouse May

the Year 2000 problem and fixes for it, including these websites: www.year2000.com, www.ilpoliand www.se.comcy.gsa.gov,

merce.net/atlyear2ooo. Or you can join me in planning 10 buy a hot new machine sometime between now

and the turn of the century (but only, example, has always been communicat-

use could result in some major glitches

ed to a computer as 07/12/15.

after the turn of the century if they are not made Year 2000 compliant.

The

machine must insert "19" before the last two numbers in order to calculate

of course, after asking the vendor to provide a Year 2000 warranty).â&#x20AC;˘:.

the year, but there's nothing difficult

premium due on January 18,2000. The

I. Though it can take years to accomplish, and requires a large and dedicat-

about that until you get 10 Ihe tum of the century. If Ihe pivolal year is actu-

company's computer might treat your payment as long past due and cancel your policy before then, because il interprets its records as indicating thaI

ed work force because it takes so many lines of code to run even a relatively simple program, making the correction is relatively straightforward. The Year

ally 2015 instead of 1915, however, none of Ihe computer's date-sensitive calculations (those relating 10 accrued interest. payments made, filing dead-

lines, and the like) will be correct.

Indeed. some computers will refuse even to accept dates starting with "20," so secure are they in Iheir mechanical certitude that years can begin only with

Consider, for example, an insurance

you should have paid in 1900. Or sup-

2000 expert assesses the code in use by

pose that your mOSI recenl telanus

a particular business, detennines where the date-sensitive functions are, dispatches a crew of programmers 10 correct every date reference in those portions of the code, and Ihen tests the revised code to make sure that the fix will work. Some analysts nonetheless

booster expires in 200 I. The computer in which your medical records reside

might simply purge that data when performing a routine update, assuming-

logically, but incorrectly-that the

"19," and some-puzzled by the whole

infonnation about your shots is nearly a

undertaking-may crash if asked to make calculations involving dates in

hundred years out of date, and that you

predict that the time and expense

are long since dead.

The country's major corporal ions are well aware of the consequences if Ihey fail 10 make Iheir computer systems

involved are so overwhelming that as many as one out of every five small

the 21 st century.

Although it may at first be difficult to believe that they didn't anticipate 10

Year 2000 compliant, so these kinds of

plan ahead is actually quite easily

errors might never occur. Many smaller businesses, however, may not make the necessary alteralions, and their failures could reverberale through the mar-

this problem, the engineers' failure understood.

No one writing code 20

years ago, and only a few more of those writing code len years ago. expected that much of it would be in use for very

long. Progress in processing technolo-

ketplace, eventually affecting even those who make every effon to achieve

gy is so consistent and rapid thaI even we lawyers don'l expect loday's newest software and lop-of-the-line hardware

compliance on their internal systems. I Assuming that you can't do much about large government and corporate

II Tb, Ir~an\lllJ\t!,r

Summ,r 199;

businesses may be paralyzed by a Year 2000 problem.

Nallcy Bellhollse May chairs the /mellecfUal Property section at Wright.

Lindsey & Jennings il1 Linle Rock, where she cOllcemrates her practice on trademarks, copyrights, unfair compe-

/i/iol/. relOled li/igOliol/, al/d Iicel/sil/g.

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September 12, 1997 ApPELLATE ADVOCACY UALR School of Law Little Rock, AR 6.0 Hrs. CLE

October 21, 1997 CNA Four Points Sheraton Fort Smith, AR 3.0 Hrs. CLE

January 22-23, 1998 MID YEAR MEETING Peabody Hotel Memphis, TN 9.0 Hrs. CLE

September 26, 1997 LIMITED LIABILITY VEHICLES UALR Law School Little Rock, AR 6.0 Hrs. CLE

October 24, 1997 DEBTOR/CREDITOR UPDATE UALR Law School Little Rock, AR 6.0 Hrs. CLE

January 24, 1998 HOUSE OF DELEGATES MEETING Peabody Hotel Memphis, TN

October 3, 1997 HEALTH LAW UALR Law School Little Rock, AR 6.0 Hrs. CLE

November 13-15,1997 BRIDGING THE GAP UALR School of Law 15.0 Hrs. CLE

February 13, 1998 (First Annual) ARKANSAS TRIAL PRACTICE INSTITUTE Little Rock, AR

October 17, 1997 FEDERAL PRACTICE INSTITUTE Li ttle Rock, AR 6.0 Hrs. CLE

November 21, 1997 IMMIGRATION LAW Fayetteville, AR 6.0 Hrs. CLE December 11-12, 1997 FEDERAL TAX INSTITUTE Double Tree Hotel Little Rock, AR

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BRAVE NEW WORLD: Arkansas' 1997 Banking Legislation

By W. Christopher Barrier and John S. Selig Commissions, task forces and special committees are notorious for pro-

ducing mountains of paper, but little in the way of substantive results. The Governor's Task Force 10 Revise the Banking Laws and the Governor's Task Force on Lnterstate Branching represent a dramatic exception to the rule.

Part of a national trend toward modernization of state banking laws, the Task Force to Revise the Banking Laws saw the entirety of its recommendations enacted into law by the General Assembly without a dissenting vote, to take effect from and after May 31, 1997. The General Assembly likewise adopted without disscllI the legislation proposed by the Task Force on Interstate Branching, which was prompted by Congress's enactment of the Riegle-Neal Interstate Banking Act in 1994, with the same effective date.

This article and the one to follow will examine. first, the more significant changes wrought by the Arkansas Banking Code of 1997 C'Act 89" or simply "the Code"), and then those effected by Act 408 of 1997 ("the Branching Act") and by Act 940 of 1997 ('The Arkansas Trust Institutions Act" or simply "the Trust Act").

The drafters of the Code-bankers, lawyers and regulators-were dealing with a document originally drafted in 1913 and amended over 50 times since then. Their principal goals were to consolidate its sometimes disparate parts; to present them in a more logical and coherent manner; to update them or to place them in a modem context; and to make them more accessible to lawyers and bankers alike, in format. language and subject mailer. The resulting Code was thus intended to be a comprehensive expression of Arkansas' laws specifically governing banks, both state-chartered and national.

These goals were accomplished in part by a clean-slate approach-the

II TlllrtllID l.a~Jlr

S.lllr Illi

Code repeals the exisling banking statutes in their entirety (as well as related statutes which affect banks specifically and also other entities)--and then by limiting the scope of the Code. It applies only to banks, bank holding companies and subsidiary trust companies. Other financial institutions are covered in separately reenacted statutes, such as the Trust Act, or provisions governing activities such as the sale of mortgages. (Even so, the Code is 130 pages long, without the amendments affected by the Branching Act.) The Code starts with a comprehensive list of definitions, at Ark. Code Ann. ยง23-45-102. This list is followed by some generaJ ground rules, and then by an outline of the role and duties of the State Banking Board, the State Bank Department and the Bank Commissioner. A description of the general powers of banks lhen follows, which lists thirty-seven specific permitted activities, concluding with the traditional authorization to "exercise any other powers which are incidental to the business of banking." (Ark. Code Ann. ยง23-47-102(b)) However, while some powers are dealt with only in this section, others are also cross-referenced to specific sections or subjects, (0 make clear that these are unambiguous affirmative granls of authority.

In many instances, those lending and investment powers are broadened, such as those setting limits on investments in various activities and on lending. Some limits are removed altogether. and the Bank Commissioner is given the authority to increase the percentage limitations for certain investments.

Investments are dealt with at Subchapter 4 of the Code, and loans at Subchapter 5.

Likewise, the old "wild card" statute, which allowed the Board to grant state banks the authority to

engage in any newly authorized activities for which national banks were granted authority, now vests that authority in the Commissioner, through Ark. Code Ann. ยง23-47-102(c).

As noted, the Code is intended to be more comprehensive, in that it addresses many such issues in a more complete and detailed manner. and grants explicit authority to engage in a number of banking activities. For example, Ark. Code Ann. ยง23-47-601 through 607 deal specifically with operating subsidiaries, real estate subsidiaries, service corporations, capital and community development corporations, small business investment corporations, and Edge Act entities. In general, banks may, under the new Code, invest more in these entities than would be permitted under existing law.

In terms of accessibility and coherence. lawyers may find the Code's lengthy definitions section as important as the enumeration of powers. For example, "capital base" is treated as a universal term, which has the same meaning, whether in the context of lending, investments, subsidiaries or capital requirements. For flexibility, the Bank Commissioner is given the authority to expand or contract that definition by regulation, as needs may warrant. The Code modernizes the paid-in capital requirements, selling a minimum of $1,000,000. The requirement of FDIC insurance, which has been implicit, is now made explicit.

The purchase of assets and assumption of liabilities provisions are restated. The insolvency and liquidation sections, which were adopted in the aftermath of the Great Depression in a somewhat random manner, have been consolidated and clarified, basically tracking the FDIC regulations. While the statutes provide that either the Commissioner or the FDIC may be a receiver, they recognize that the choice

is virtually always going to be the

FDIC. The Commissioner is also given more authority to act administratively; to visit and inspect state banks, shon of fonnal examinations; to issue cease and desist orders; and to remove errant offices and directors. The general idea is permit regulatory intervention to head off crisis situations, rather than waiting and having to clean up aft.er they have occurred.

The holding company and plan of exchange sections are generally the same as present law, although t.he Code is arranged differently, as are the miscellaneous violations sections.

Dissenters rights are similar to those under current law, in the plan of exchange context. In an acquisition and merger situation, shareholders of the acquiring bank have no right to vote on the merger or to dissent from it (and get paid fair value for their shares) unless new shares representing more than twenty percent (20%) of the outstanding shares prior to the merger are to be issued in the merger. This represents a new limitation, but the concept

the Commissioner may loosen the limits by regulation in other areas.

Conceptually, if a bank may invest without limit in a particular security, it may also lend without limit using it as collateral. If a bank ends up holding shares of its own stock, as the result of foreclosure or execution, it may take 24 months to dispose of those shares, rat.her than the current one-year period.

The new Code also makes it clear that banks need not read the minds (or futures) of their depositors. In particular, if a bank follows the instructions given it by a customer in opening an account, it incurs no liability if the customer later decides that some other type of account was needed to accomplish the customer's desired results. The traditional result of creating a Totten trust by opening an account in a bank in a particular way is recognized and approved.

A number of currenl provisions are simply addressed in a different format.

Multiparty deposits are currently addressed at Ark. Code Ann. §23-321005, and will be addressed after the effective dale at Ark. Code Ann. §23-

47-204. The latter formulation is more detailed, and presented with an altogether different organizational approach, while retaining the basic assumption of current law as to such deposits, i.e., a multi-party account is a joint account characterized by rights of survivorship, unless the parties clearly express an intention thai a tenancy in common result.

The Code also sets out explicitly the rules governing safe deposit boxes, from creation of the relationship to escheats to the State, covering in between such areas or leases to minors and remedies on non-payment of rent, in a manner and philosophy similar to regular deposits. In effecl, Ark. Code Ann. §23-47-903 removes a minor's disabilities for the limited purpose of leasing a safe deposit box. As with deposits, adverse claims Ihat do not correspond to the lease can be ignored, absent a court order.

Similarly, banks do not have to look beyond the face of the instrument before them or their deposit records when dealing with someone acting in a representative capacity to detennine the

is exactly the same as that applica- 1F==============================="iI hie to business corporations under the Arkansas Business Corporation Act of 1987.

Thus, even those provisions which were retained or re-enacted contain some revisions--for examRegistered Nurse-Independent medical legal consultant ple, Ark. Code Ann. §23-48-405 used to prohibit holding company will work on cases involving: acquisitions of bank subsidiaries with de novo charters, but, under • medical malpractice Act 408, that prohibition only applies to Arkansas acquisitions, • personal injury meaning non-Arkansas bank sub.product liability sidiaries with de novo charters may be acquired if the law of their home ·workers' compensation state allows it. There appears to be • any case where health or injury is an issue at least some trend toward a consistent pattem of prohibitions in this regard.

The limit on investment in a single operating subsidiary has been E-Mail Snooner@aol.com increased from 10% of capital base Phone: 501/590-2410 to 20%. Bank service companies may now have non-bank shareholdPager: 660-8412 ers.

Fax: 501-221-9461 Investments which may be made without limits are broadened. The limit on some others has been Complete Portfolio Available Upon Request raised to 20% of capital base, and

Legal Nurse Consultant

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Ii The ,Irlmas Lall}er

Summer 19li

depth or breadth of their authority to so act.

The Code specifies, at Ark. Code Ann. §23-47-203, the manner in which deposits which exceed the FDIC limits on insurance (such as deposits of public funds) may be secured by a pledge of assets, and brings current the listing of types of deposits which may be so securitized. Further, the Commissioner is expressly empowered to add to the list by regulation still other deposits which may be securitized, to keep up with changes in the industry. Prior 10 the adoption of this section, lawyers and bankers and public officials with funds to deposit largely had to create their own structures for such a1Tange-

mellls. The bankers and the officials (of course) wanted the lawyers 10 opine that the structures were effective. Now all three have the statute to give them guidance and reassurance.

The Arkansas Reports regularly fealure cases involving squabbles over bank accounts. The Code makes it clear that, absent a court order or provision of a security bond. banks may ignore claims 10 a deposit Ihal do not correspond 10 the conlract under which Ihal accoulll was opened. Officers, employees and directors now are liable if they knowingly payor aUlhorize an overdraft, but not otherwise. Likewise, penalties for other violalions, such as overlines, require that the violation have been conscious. Loans which were legal when they were made cannol be rendered illegal by subsequenl events.

The Commissioner does have to approve Ihe establishment and location of any bank premises, but the headquarters of a non-bank subsidiary may now be located anywhere (including outside the state), even in local ions

Tax Research Associates, Ltd. Helping the legal Professional through: "Exhaustive Tax Research • Client representation before the Internal Revenue Service 412 Arlington Court Jonesboro, Arkansas 72401-4053 Telephone: 501-931-7719 Fax: 501-931-4540 Ron Shelton, President Accredited Tax Advisor Admitted to Practice before the Internal Revenue Service

18 The ,Irtanllll,al\!cr 801nOlrr 199i

where a bank premises would be prohibited. Changes 10 the substantive laws governing Consumer Bank Communication Terminals (CBCT's) are dealt wilh in Act 408, described in more detail hereafter. The definition includes ATM's, bUI excludes Poinl-ofService Terminals (POST's).

The Code seeks LO incorporate changes in the law and also changes in the financial services industry Ihal have developed since the original Arkansas banking statutes were adopled. It eliminat.es or updates a number of antiquated provisions. For example, persons are eligible for appointment as Bank Commissioner at 30, instead of 35, and Bank Department employees no longer have to utilize only non-stale charlered banks for their personal bank accountS. And, it attempts to correlate Arkansas's banking laws with federal law-for example, Ark. Code Ann. §23-47-502 simply adopts by reference 12 U.S.c. 375a and 375b, dealing with loans to affiliates and insiders.

Transfers or other changes in control are dealt with in a manner which is more like the federal Change in Bank COl1lrol Act, and annual filings are substituted for immediale ones when the threshold level of transfers occurs, for SEC-reporting companies.

It deals specifically for the first time with truSI powers, at Ark. Code Ann. §23-47-IOI, establishing a system for applying for a grant of such powers, for relinquishing them and for exercising them. It also provides penalLies for their abuse, It also clearly establishes that the traditional trust business is to be conducted by banks on their premises, either by bank ("rust departments or by holding company subsidiaries. The new Code eliminates trust companies other than holding company subsidiary trust companies, and requires existing independent trust companies to choose to become banks, or upon failing to do so, to become ordinary business corporations. Ark. Code Ann. §23-48-102.

However, the General Assembly also later enacted the comprehensive Arkansas Trust Institutions Act as Act 940, which amends the Code. The Trust Act creates and regulates (10 differing extents) private and public trust institutions and allows the two existing

private trust companies to have a third choice, which is to become one or the other of the new trust institutions covered by the Trust Act. (Act 940 and the Code's trust provisions will be discussed at greater length in the second article.)

In the organization and operations sections, the Commissioner is given complete discretion to address dividends by regulation. The procedure for chartering ncw banks and paying in capital is set forth explicitly. In general, the Code adopts by specific reference the Arkansas Business Corporation Act, as to charter amendmenls, preemptive rights, cumulative voting, mcrgers and consolidation, and otherwise, unless it specifically says differently. For example, like business corporations, banks wil1 now be permitted 10 have authorized but unissued shares. And, (absent a super-majority provision in a bank's articles of incorporation) a simple majority vote of its shareholders is now all that is required to approve extraordinary acts.

Banks will be allowed to operate under fictitious names, where appropriate (usually in a branching situation, where there already is a local bank with a similar name). Limited liability companies are allowed to become bank holding companies.

The Code as a whole is simply more business-like about banking, without sacrificing the safeguards that are appropriate to that industry, an approach which is vital in the increasingly competitive financial services arena.•:.

CHRIS BARRIER alld JOHN SELIG

are members of the Lirtle Rock-based firm of Mirchell, Williams, Selig. Gares & Woodyard, PL.L.C. Barrier has served as chair of the Arkansas Bar Association's Financial Institutions Law Section and also its predecessor, the Banking Law Committee, as well as the Real EstQte Section. Selig served all the Governor's Task Force to Revise the Banking Laws, chairing its Bank Powers Commirtee. Each has over 25 years of experience represeming financial institutions. They previously coalllhored articles in the Arkansas Lawyer, all third party legal opinions and also all municipal bond law.

We are proud to announce our new members and associates.

Top Row, Members: Charles R. Camp, Hermann [vester, Stan D. Smith, Marsha Talley Ballard, Marshall S. Ney and Debby Thetford Nye; Bottom Row, Associates: Harry W Hamlin, Michelle S. Carney, John K. Baker, L. Kyle Hejjley and Mark N. Halbert

Mitchell, Williams, Selig, Gates & Woodyard, p.L.L.e.

320 W. Capitol Ave., Suite 1000 Little Rock, AR 7220 I (50 I) 688-8800

130 West Central Ave., P.O. Box 64 Bentonville, AR 72717 (501) 273-9561

2121 "K" Street, N.W., Suite 700 Washington, D.C. 20037 (202) 347-4500 I! ne jr~mlJ LIMW

SIâ&#x20AC;˘â&#x20AC;˘,r 1!!7

ARKANSAS TERM LIMITS

PRO

by Ted Thomas

T

he debate rages on the impacl of teml limits.

Dimm: Term limits increases tile power of bureaucrats alld lobbyisTS. Wif1: Iflerm limits increases the power of bureaucrats and lobbyists, why do

bureaucrats and lobbyists oppose term Iimirs?

Dimm: The framers of rhe constitution considered and rejecrcd term limits.

Will: Thefmmers also decided thar the persoll who finished second in presidemial electiolls should be vice president. bw we came lip WiTh a belle,. idea, which is why the Constitution provides for amendmem.

Dinun: The people thought they were limiting the lerms of Congressmen, not of (heir stale legislators.

Will: The reason we have term limits is because so many politicians don', think the people knolV what fhey are doing.

Dimm: Term limits increases the power of the executive branch.

Witt: Ask Governor Huckabee ahoUf that.

This debate will rage for the foreseeable future, but the time has come to throw into the fray a unique legal concept: evidence.

The primary responsibility of the legislature is to vote on measures before it, so there can be no bener evidence than roll call votes. To identify correlation between length of service and voting behavior, merely divide the roll call vote between the first teml representatives (freshmen), second term representatives (sophomores), and third term or more representatives (senior) members, who are serving in at least their third term.

Issue selection is obviously critical.

The issues I have selected meet the following criteria: I. There was sufficient division in the house so that a comparison of votes could be made. A unanimous vote provides nothing to compare.

2. The division was not based on regionalism, ideology or party identification.

to

The ,Irhns!l I,allier Summer 199i

House: 3 two year tenns Senate: 2 four year terms

PRO/CON

TERM LIMITS 3. There was broad consensus from political commentators as to which position on the measure was in the public interest. When liberals (John Brummet and Max Brantley) and conservatives (Paul Greenburg) agree on an issue, a certain amount of public consensus can be assumed. In the absence of detailed polling data, there is no other way to make a comparison.

The first issue relates 10 the Arkansas Ethics Commission. In the 1990 gener路 al election the voters approved Initiated Measure No. I, which, among other things, gave citizens of Arkansas the right to file complaints about violations of campaign finance law with the Arkansas Ethics Commission. House Bill 2272 amended the initiated act by prohibiting the filing of a citizen complaint within 30 days prior to the election. Given that a campaign finance report for the month of September is due on the 15th of October, which falls within 30 days of the election, the practical effect was to strip the Ethics Commission of enforcement of reporting requirements from September I through the date of the election.

Public commentary was uniformly against this proposal, yet of the 100 member House, there were 48 votes for it. Amendment 7 of the Arkansas constitution requires a two-thirds vote to amend an act initiated by the people, so it did fail by a substantial margin. "No" votes stated below also include those voting present and not voting, because the measure must gel the required amount of votes to pass, so any vote other than a "YES" vote operates as a vote against a measure.

Divided by length of service, the vote on HB 2272 was as follows: FRESHMAN Yes 7 No 14 SOPHMORE Yes 10

No 19 SENIOR Yes 31 No 19 See House Roll Call Vote No. 1446, March 26, 1997.

Freshman and Sophomore members reject the proposal by a large margin.

Senior members approved of the proposal by a similarly large margin. The facts speak for themselves. To deny a correlation is to deny reality.

A second issue related to youth access to tobacco. In its original form HB 1610, among other things, set out regulations on youth access to tobacco and pre-empted local government from more stringent regulation. The bill made it a defense against a minor in possession charge that they received the tobacco from a family member, even if the other family member was a minor.

The bill limited enforcement measures 10 employees of retailers, and not the retailers themselves.

e../t lisa g- horne 1J orke Attorney at Law 路:路Appellate advocacy

125 East Township. Suite 3 Fayetteville. Arkansas 72703 (SOt) 443-2249 Facsimile (50 I) 443-80 I 6 E-mail alc@iso.net

Although reasonable people can differ on the myriad of legal questions regarding tobacco, broad consensus exists on questions relating to youth access, particularly when 89% of adults addicted to cigarettes began smoking

prior to age 18. National Household Surveys on Drug Use in the United States in 1991, Office on Smoking and Health, Centers for Disease Control and Prevention. Once again, commentators with diverse ideologies opposed the bill. An amendment was offered 10 strip the pre-emption language from the

bill, which would allow local governments the option of funher regulation.

The amendment was opposed by the tobacco lobby.

"NO" votes stated below also include those voting present and not voting, because the measure must get the required amount of votes 10 pass, so

PRO/CON TERM LIMITS FRESHMAN Yes 15 No 6 SOPHOMORE Yes 17 No 12 SENIOR Yes 22 No 28 See House Roll Call Vote No. 724, March 7, 1997.

The amendment narrowly passed, the bill was sent back to committee where it was further amended, and it did 1101 become law. It cannot be denied thai

the tobacco lobby's support was dispro-

any vote other than "YES" operates as

portionately greater among the senior

a vot.e against a measure. The vote was

members.

Although only two votes are dis-

as follows:

Cross. Gunter. wHherspoon & Ga]chus, pe. - Lillie Rock J. Bruce Cross Russell Gunler carolyn B. \Vilherspoon Donna Smith Ga/chus SCOIIY Shively M. Slephen Bingham Allen C. Dobson Abraharn w. Bogos/ausky Robin Shively Brown Richard A. Roderick J. Camille Williams

500 Easl Markham. Suite 200 Lillie Rock. Arkansas 72201 150/) 37/-9999

Fax (501) 371-0035

Cross. Gunler. Witherspoon & Galchus, P.e. - Fort Smilh Hugo Swan. Jr. Ben 1-/. Shipley Brunwick place, Suire 0 101 Nonh 1Qlh Slfeer Fan Smith, Arkansas 72901 (SO /) 783-8200

Fax 150 /) 783-8265

cussed, the correlation is clear. I chal-

lenge any opponent of tcnn limits to produce voles which show the public interest is advanced by length of ser-

vice, while stating your definition of public interest.

The debate will continue 10 rage, and the opponents of term limits, regardless of what arguments they use, will almost always be in or associated with the legislature. This is because its good to serve in the legislature, in the same way that a glass of ice lea in the summer time is good, or fishing at sunrise on Saturday morning is good. Good in a way that is more than mere self interest.

Service in the legislature is not the

only thing that is good. The uniquely American idea that no individual is indispensible is good.

Same for accountability and electoral competition. And term limits. Term limits are

good for the people.•:.

Ted Thomas is a lawyer and a Representative 111 the Arkansas LegislafUre.

ANNOUNCING l1-IE ASSOCIATION OF CROSS, GUNTER, WITHERSPOON & GALCHUS, PC. • Representing management in all areas of labor and employment law.

• Commercial litigation representing businesses. manufacturers. and insurance companies in product liability, general liability and other commercial matters.

• Representing healthcare prOViders in all areas of law.

• Construction law and litigation representing

•

contractors on contracts and lien rigllts.

• Representing businesses and individuals in immigration matters.

CROSS. GUNTER,WITHERSPOON & GALCHUS, P.C. tl Thr Arkansas i,allJrr

~umtnrr

1997

ARKANSAS TERM LIMITS

CON

by Martha Miller Harriman

House: 3 two year ternlS Senate: 2 four year ternlS

ence, skill and dedicalion 10 the office. doPlion of Ihe Arkansas Tenn In January 1999 she will have 6 months Limits Amendment was an of legislative lime under her bell as she attempt to reclaim lost power.

01 bad in theory. Especially if you're and her colleagues begin the 82nd a therapist trying to help the wounded General Assembly. and as brighl and heal. But if re-empowennent of The with the adoption of tenn limits. the well-intentioned as she and the other People was the real objeclive of the voters have effectively hobbled the leg- members will be. they will have linle of supporters. I fear (and I use lhal word islative branch of Arkansas govern- their own legislative experience to draw with intention) their objective will not ment. especially Ihe House of upon as Ihey deliberate. Policy issues be realized. and indeed Ihe power of Representatives. and all they got in will be one thing, but putting together a government will be even further return is a guarantee that they'lI see three billion dollar (Ihat's a Ihree with removed from the voter and concentrat- new faces at election time. nine zeros) budget which will lead us In December 1998. as this legislative into the new millennium will be anOlhed in a less responsive bureaucracy.

Yes. I know. I'm a lobbyisl and any- tenn comes to an end and Amendment er thing altogether. thing I have 10 say ought 10 be viewed 73 becomes fully operative. The People Some have said. "I think I'm a pretty with enonnous suspicion. If I'm COI11- will lose eight centuries of institutional smart person. and I don'l think I'd have in the House of a bit of a problem doing a great job as a plaining. then it must be because the memory Represent3t ives.

Let me repent that: power shift wrought by term limits is a legislator:' Perhaps. But pretty sman shift away from me and my colleagues, The People will lose eight centuries-- people need three laugh years of jaw and maybe that's reason enough to be 800 years--of institutional memory. school (0 be lawyers, and I've seen all for teml limits. I will admit that the Rep. Barbara Horn from Foreman. more than one or two really smart peojob of representing my clients will be should she be re-elected in 1998. will ple work in the legislative process for marc difficult. Just how much remains be the most senior member of the years before Ihey became competenl. If She is a bright a state representative stays in office the 10 be seen. But degree of difficulty is Arkansas House. \I,.路om3n who brings a lot of life expcri- full number of terms pemlitted by our not my reat beef. My real beef is that , - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - , law. <II the end of his service in the House of Representatives he will have roughly ninc months of aClUal legislative experience before being forced 10 retire. Think aboul Ih",: that is only three months longer than a typical employmenl probaJONES, JACKSON & MOLL, Ple Jones. Jackson & Moll, PLC tionary period. Is il really sound is pleased to announce that practice to terminate an employee

A

PRO/CON

TERM LIMITS

40 I NORTH TTH STREIT PO. BOX 2023 FORT SMITH. ARKANSAS 72902

FAX SO I 7B2路9460

School of Law. He served as Chief of Claims and Tort Litigation at Hickam Air Force Base in Hawaii, and as Chief

MARKA.MOlL

Counsel for Labor Law at Barksdale Air

J. SCOTT HARDIN

Force Base. Chad most recently was an

JAY KUTCHKA CHRIS1Y M. TOSH

SUmllr 199i

Chad is a 1991 graduate of the University of Arkansas at Fayetteville

RANDOLPH C.JACKSON

TillrLiIIJIIJ.!"

has joined the firm as an associate.

501 182-7203

ROBERT L. JONES. JR.

"

M. CHAD TRAMMELL

associate with McKenzie. McRae, Vasser and Barber in Hope, Arkansas.

after he has been on the job just long enough (0 dClcnnine whether he can do it well?

So who will exercise the power previously held by Ihe Arkansas General Assembly. particularly the House of Representatives?

-The Governor. That mighl be O.K. if the CEO is knowledgeable about state government. And granted, the governor is an elected official. But the govemor is still funher removed from the individual voter: one person Ci1l1 't be as responsive to two million constituellls as one can be to twenty thousand. And since the governor lives in Liltle Rock on Spring Street, not in Stamps or Colter. he's nol likely to be as accessible since you don '{ often run

into him at Ihe gas station. drug store, state government will not derail. I am or church. totally persuaded that changes in the structure of state government required 'The Senate. At least they're elected. but the thirty-five members of the

by Amendment 73 will not be an I've watched the improvement. enale are still further removed from of power that has existed between electprocesses of Arkansas govemmenl (and their constituents than members of the House since they have three limes me ed officials and non-eleCled public ser- media coverage thereof) long enough 10 numbers of residenls who live in their vants has been tossed aside with the understand voter discontent. I'm just districts. And it won't be long before adoplion of ten11 limits. and lhe scales sorry that voters took the seductive the Senate also will be weakened as an are now tipped more heavily toward pitch oftennlimits instead of doing the institution when the full impact of tenn those who don't have to stand for elec- harder \York of being a better infonned tion, limits are felt. and more involved participant in the As the well-wom cliche goes. only whole process. -:•The Lobbyists. Those lobbyists who know the inner workings of state gov- time will tell whether any of what I've ernment and who can develop strong said here will be validated. And Martha Miller Harriman is a lawyer relationships with key bureaucrats will although I am confident that Arkansas alld a labby;st. be ahead of the game. but contrary to popular opinion, I don't think lobbyists will gain much leverage in the shift of power. Lobbyists still aren't entitled 10 VOle on legislarive issues, 1-888-546-2897 make agency budget decisions, issue TM RFP's for government services, or • 60 day guarantee We hire or fire Slate employees.

• Toll free support Do -The Bureaucrats. These are the • Since 1992 Windows people who run stare government ... for LESS! day-to-day and who aren't elected Windows $249 by the voters. These are the people DOS SI99 po BOX 191, SOUTHAVEN MS 38671 who spend your $3.000.000.000 in tax money. They are the ones who ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ tell the govemor and legislators how MOLLY PLY much money they need 10 do their INVESTIGATIONS jobs. And they are important jobs. like welfare refonn. educating all of CIVIL & CRlMJNAL INVESTIGATIO S our children. making Medicaid benVIDEO & AUDIO SURVEILLANCE efits available 10 those who need them. housing inmates in the slate ASSET LOCATION penilemiaries. running our instituCOMPUTER ASSISTED SEARCHES tions of higher education. and on I LICE Sf #097-046 could go. Right now we have legisOffice 501 397-2620 P.O. Box 61 lators who know most (if not all) of Pager 501 396-2629 Redfield, AR 72132 the folks who are in charge of the

PRO/CON

TERM LIMITS

BANKRUPTCY FILING SOFTWARE=_--II

7chapter13

~~

various departments of state govemment. and know what these departments are supposed to be doing as well as the resources available for them to do their jobs. We have legislators who have been around long enough to know which areas of government have been efficient and those that have not, and who have been able to demand a liltle more accountability from those public servants who don't have to answer 10 the eleclOrate. Whatever balance

~=============::::::::==============~ JOHN

T. BATES, P.E. 1-800-299-5950

Have recollstmcted over 3,000 accidellts ill 18 states ill 25 years 0/1 highways, streets, railroads, highway collstructioll zOlles illvolvillg trucks, cars, pedestrialls.

Computer a/limations mId drawillgs prepared for exhibits. "ACTAR" certified. Over 40 years engi/leering experience.

TRAFFIC ACCIDENT RECONSTRUCTION AND

EVALUATION OF HIGHWAY DESIGN ~l

11/ Irtmas IJIIJ"

S,wo/r 19li

Photo by Dixie Knight

Jack McNulty, Our 100th President

By Stacey DeWill About five minutes with Jack Mc ully and you gel the piclure. All those "c" adjectives start coming to mind, "character" "commilment" 路'community." Sitling across the desk in his starched white shin, coat and tie, ils nOI the McNulty unifoml, but his words and demeanor that let you instantly know he is what he espouses, a lawyer thai still sees the practice of law as a 路'privilege rather Ihan simply a way 10 make a living."

Unfortunately, the philosophy is sometimes a fading sentiment. al least among Ihe newly graduated bar.

! I Thr Irlmus tUIl.lrr SUOIOII'r 199i

Competing interests of increased

competition and the cost and complexity of Ihe praclice make McNully's words seem quaint but passe. But, he is firm in the conviction, another "c" word. McNulty says he would tell his daughter Allison and son Mark who are both considering law school, '"don't expect to get rich. Do the right thing and be true to yourself." Too bad Ihe young among us didn't spend more time learning at his knee and those like him. Fortunately, we have the opportunity now.

In fact. as a younger lawyer, lalk-

Arkansas Bar Foundation

Dear Fellows and Friends of the Arkansas Bar Foundation: It has been my honor and privilege to serve as President of the Arkansas Bar Foundation during the 1996-97 year. The Foundation's mission to imptove the administration of justice has been successfully accomplished through the tremendous commitment and suppOrt by Arkansas lawyers and friends of the Foundation.

On the following pages you will read about the Arkansas Bar Foundation's commitment to education, as clearly demonstrated through funding of law student scholarships and law school faculty professorships. You will also learn about grants allocated for the year for numerous legally related projecrs of important significance. This report recognizes Foundation Fellows, Sustaining Members and Donors, all of whom have made funding for ptojects of the Foundation possible.

We are grateful to the many individuals who donated their time, talents and contributions to the Foundation this year.

I am pleased to report that our Fellows Drive continues to be a successful one. As of this writing, 42 outstanding attorneys have become new Fellows of the Foundation during the year. Our 45 member commirree, led by Selection of Fellows and Membership Chair Rick Ramsay, is responsible for the successful recruitment of our newly designated Fellows.

During the previous fiscal year, the Trust Committee approved funding of an Arkansas Bar Foundation Professorship at each law school to begin during this 1996-97 year. [n this report, we recognize each of the two Arkansas Bar Foundation Professors of Law. I am proud to have been a part of one of the designation ceremonies this past summer.

As my term as President of the Arkansas Bar Foundation comes to an end, I reflect on the Foundation's accomplishments since irs inception in 1958 and look with great anticipation and hope toward irs continued growth and development in the years to come. My thanks to you for the opportunity to serve this remarkable and worthwhile organization.

Sincerely,

e;J___ W. Russell Meeks, III President Arkansas Bar Foundation

2

r

EIIOf

the arkansas bar foundation

The Arkansas Bar Foundation was established in 1958 to support efforts at imptoving the administration of justice.

The Arkansas Bar Foundation, which is classified as a tax exempt organization under Section 501 (c) (3) of the Internal Revenue Code, is a charitable organization with a mission to promote educational, literary, scientific and charitable purposes by applying funds to the Arkansas Bar Association and other corporations, truSts, foundations, funds and organizations which promote these purposes.

Foundation Objectives: I. To improve the administration of justice through legal study and research, diffusion of knowledge of the law and continuing education of lawyers.

2. To publish and distribute addresses, reports, treatises and other literary works on legal subjects.

3. To acquite, preserve and exhibit rare books and documents, objects of art and items of historical interest having legal significance or bearing on administration of justice.

The Arkansas Bar Foundation funded the building of the Arkansas Law Center, located at 400 West Markham, Little Rock, Arkansas, which has been the location of the Foundation and the Association since 1974. The building is wholly owned by the Foundation, but space is rented by UALR and other offices. The Law Center has a formal conference room which is frequently used by lawyers from around the state for depositions and meetings. The open lobby area is a perfect site for receptions and larger meetings.

The Foundation is governed by an eighteen-member Board of Directors. The Board is composed of three lawyers elected by the Foundation members from each of the five bar districts plus the Arkansas Bar Associarion President, the Immediate Past President of the Foundation and the Chair of the Trust Committee. The Officers of the Foundation are the President, Vice President, and Secretary-Treasurer, who are elected by the Board for one-year terms.

Members of the Board are elected at the annual Foundation membership meeting.

The seventeen-member Trust Committee is composed of experienced lawyers who serve sixyear terms. Two are appointed by each President and confirmed by the Board. Other members are the Foundation Officers and the Deans of the two Arkansas law schools. The Trust Committee manages the Trust Fund to generate income for the good works of the Foundation. Only interest earned on the Trust Account is used. Aseparate operating account pays the cost of running the Foundation.

Arkansas Bar Foundation 400 West Markham Little Rock, Arkansas 72201 (501) 375-4606 (800) 609-5668

3

foundation_

For fiscal year 1996-97, rhe Arkansas Bar Foundation approved grants, scholarships and program allotments of benefit ro me profession and the public. Scholarships and projects of the Arkansas Bar Foundation are financed mrough investment income from the tcuSt fund which has been built by contributions and Fellows' pledges and is used solely for the good works of me Foundation. This illumation reAms allocations for me 1996-97 year.'

Awards/Recognition Law-Related Education Programs Foundation Merit Scholarships and Foundation Professorships

--_ ...

Special Projects Grants Endowed Scholarships

'The Arkansas Bar Foundation's fiscal year begins on July I of each year and ends on June 30. commitment to EDUCATION

The Foundation contributes support ro me two Arkansas law schools. In addition to the many endowed named law school scholarships and the Arkansas Bar Foundation Merit Scholarships awarded to deserving students at each school, me Foundation also approved funding in the tOtal amount of$21,350 in the 1996-97 trUSt budget for the following: Arkansas Bat Foundation Professotships; Law Student Moot Court Competjtion; and, Law Review and Law Journal writing awards.

Arkansas Bar Foundation Professor of Law

Recently an Arkansas Bar Foundation Professorship was established at me University of Arkansas School of Law and me UAlR School of Law. One outstanding faculty member from each school is selected ro hold this designation of "Arkansas Bar Foundation Professor of Law" and receives a salary supplement upon this designation. The criteria for selection is excellence in teaching; excellence in scholarship in Arkansas Law; and, significant contributions to serving rhe Bench and Bar of Arkansas. The Foundation is pleased to recognize me Arkansas Bar Foundation Professors of Law: Professor Armur G. Murphey, Jr., UAlR School of Law Professor John J. Watkins, University of Arkansas School of Law Other program allocations include funding appropriated for Law Day and Law Week Activities for me Young Lawyers' Section and the Arkansas Bar Association and Arkansas Bar Foundation Annual Awards. The Arkansas Bar Foundation Trust Committee, which administers an endowment fund for me Continuing Legal Education (CLE) Department, approved funding in the amount of $9,000 to be utilized to off-set COStS for twO programs sponsored by me Arkansas Bar Association Continuing Legal Education (CLE) Department - the Bridging me Gap Seminar and a CLE Speaker Training Course.

1 4

SCHOLARSHIPS

Each year, the Arkansas Bar Foundarion awards approximarely 35 endowed law school scholarships ro srudents ar rhe University of Arkansas School of Law and the UALR School of Law. In addirion, rhe faculty of each of rhe [wo law schools are alloned three scholatShips for students who show porential and who are deserving of financial award. These Arkansas Bar Foundarion Merir Scholarships are funded by the Foundarion in the roral amounr of $7,500 and have produced fine lawyw who otherwise may nor have been able ro afford the com of law school witham rhe Foundarion's assisrance.

Scholarship recipients are honored ar rhe Arkansas Bar Foundarion Mid-Year Scholarship Dinner. This year's dinner was held on January 10, 1997 ar rhe Pleasant Valley Country Club. During the scholarship program, Foundarion President Russ Meeks also announced rhe esrablishment of a new endowed scholarship esrablished by rhe Barber Firm in honor of Guy Amsler, Jr. and a new memorial scholarship esrablished by the family and friends of the lare Donald J. Adams.

University of Arkansas at Fayetteville 1996路97 Scholarships

University of Arkansas at Little Rock 1996-97 Scholarships

SCHOLARSHIP AWARDED RECIPIENT Arkansas Bar Foundation (In honor of Sebas,ian Counry Bar, U,M. Rose, Mike Gorman & Edward L. Wrighr) Denise McDaniel Jennifer Cameron Donaldson Joe C Barrett Bogle-Sharp Roberr Hayes Johnson R.A. Eilbon, Jr. Edward Bennett Friday, Eldredge & Clark JoAnn Adcock Edward Lesrer Jason Martinez.

Judge John E. Miller Joel Hillygus Shane Raley Judge William R. Overron Cot. C E. Ransick Tim Tillman Christine Pfau Rather, Beyer & Harper The Shackleford Scholarship John Talbot Smith, Stroud, McClerkin. Dunn & Nuner Matt Kimmel Neil Floyd JuS[ice George Rose Smith M. JefT Smrling' Judge Thomas Clark Trimble Thayla Paimer CR. Warner Brian Henry Mike Scorr Campbell Harry P. Warner Eddie Lee Bernard & Bud Whetstone Nicole Emoen Judge Henry Woods Arkansas Association of Women Lawyers JoAnn Adcock (in honor of Ruth Huskey Brunson) Arkansas Bar Foundation Paige Smith Bruce Anible (Merit Scholarship) Jennifer HocIde

RECIPIENT SCHOLARSHIP AWARDED Arkansas Bar Foundation (In honor of Sebastian Counry Bar, U.M. Rose, Mike Gorman & Cliffie Reed Edward L. Wright) David Sterling Bogle-Sharp Mark Hodge John H. and Rmh H. Brunson Eddie Mac Golden Stuarr Cearley Jason Hendren Chris Travis Elisa While Charles Harmon R.A. Eilbon, Jr, Christopher Hays Janan Davis Judge John A, Fogleman Friday, Eldredge & Clark Cheryl Pinkerton Kimberly Wilherspoon Judge J. Smilh Henley Chrisropher Hays Justice J. Frank Holr Gina Cothern James H. Larrison, Jr. Edward Lester Diane Schran HoJirik Brian MacMillan Monica Mason Michelle Cauley Cot. CE. Ransick Joanne Baldwin Ralher, Beyer & Harper Cherie McKnighr Rose Law Firm U.M, Rose Kimberly Webb Monica Mason Harry P: Warner Melissa Whitehead CR. Warner Chrisry Naylor Bernard & Bud Wherstone Sherry Burnerr Roxanne Tomhave Wilson Joseph Ghormley Ellen Kwh Judge Henry Woods Valerie Owens Arkansas Association of Women Lawyers (in honor of Rmh Huskey Brunson) Elisa White Arkansas Bar Foundation (Merir Scholarship) Melissa Whitehead Joseph Ghormley

5

special prOjectslilliil

The Arkansas Bar Foundation provided special ptojecrs grants totaling more than $30,000 to nine organizations or programs during the 1996-97 year. Funding for the following legallyrelated projects represents the Foundation's commitment to its educational and charitable mission to improve the administration of justice.

Dating Violence Awareness and Prevention Video ARKANSAS BAR AsSOCIATION, YOUTH EDUCATION COMMITTEE

Funding in the amount of $6,385 was awarded to the Youth Education Committee to produce a dating violence awareness and prevention video entitled He Loves Me Not. A recent ABA Domestic Violence Seminar highlighted the fact that women under the age of 30 are at most risk to be involved in abusive or controlling relationships. The film will be distributed to prosecutor's offices, secondary schools, colleges and universities and through church youth groups. Civil and criminal remedies will be described in the film.

Pro Bono Students America/Southwest UNIVERSITY OF ARKANSAS SCHOOL OF LAw, OFFICE OF CAREER SERVICES

The Office of Career Services at the University of Arkansas School of Law received a $200 grant to obtain a one yeat introducrory membership in the Pro Bono Students America (PBSA) placement network which is a pro bono placement resource. Through PBSA, students enjoy access to a nationwide database of over 16,000 volunteer public interesr and government law student placements.

Your Living Will ARKANSAS VOLUNTEER LAWYERS FOR THE ELDERLY

$2,000 was granted to the Arkansas Volunteer Lawyers for the Elderly (AVLE) program for publication of 15,000 educational brochures entitled "Your Living Will." AVLE will supply this information which outlines choices individuals have in regard to medical wishes should they become rerminally ill or permanently unconscious. These brochures will be disseminated to senior citizens, aging network agencies, funeral homes, local bar associations and othet intetested parties throughout the state.

Poverty Law Practice Manual WESTERN ARKANSAS LEGAL SERVICES

Western Arkansas Legal Services (WALS) received a grant in the amount of $1,225 ro purchase copies of the Poverty Law Practice Manual. WALS utilizes volunteer attorneys in serving low-income clients with civil legal problems in Western Arkansas. A complimentary copy of the Poverty Law Practice Manual is provided to all attorneys who volunteer for the pro bono program. This publication serves as an important legal reference tool for attorneys assisting their pro bono clients with poverty law issues.

6

Poverty Law Practice Manual Supplements OZARK LEGAL SERVICES PRO Bo 0 PANEL A grant in the amount of $2,966 was awarded to Ozark Legal Services (OLS) for the purchase of supplements/updates for the Poverty Law Practic( ManUll/. The Ozark Legal Services Pro Bono Panel, a joint effort of Ozark Legal Services and the bar associations that exist in fourteen counties in Northwest and North Central Arkansas, consists of volunteer attorneys who provide high quality civil legal services to low-income clients. The 1997 Poverty Law Supplements, which will be distributed to all OLS volunteer attorneys, provide a useful, well prepared legal resource tool and a source of education to update the manual which in turn assists the attorney in better serving his or her client.

Abogacia para la Comunidad CENTRO HISPANO Centro Hispano is a non-profit organization with a mission to serve the special needs of Spanish-speaking people in Arkansas. The Abogacia para la Comunidad project is one which seeks to improve the administration of justice by providing assistance that will fill the gap in legal services for Arkansas' growing Hispanic population. The Arkansas Bar Foundation awarded Centro Hispano $2,000 to be used specifically for the Citizenship Preparation Materials part of this project which includes purchase and production of forms, guides and citizenship manuals.

Juveniles for Justice ARKANSAS BAR AsSOCIATION, YOUTH EDUCATION COMMITTEE Prevention is the focus of this current pilot project which is aimed at teaching youth the importance of good citizenship in a civilized society. "Juveniles for Justice" places juvenile judges, prosecutors and attorneys in classrooms to teach students first-hand about all aspeCts of government and the legal process. A team of attorneys commit to teach on a scheduled basis in civics classes throughout the year, utilizing curriculum prepared by the American Bar Association. The Arkansas Bar Association received funding in the amount of $12,000 which will expand this project to school districts throughout the state.

Arkansas Capital Resou rce Center The Arkansas Capital Resource Center {now known as the Arkansas Death Penalty Defense Coordinating Committee} is a not-for-pront organization which coordinates death penalty litigation for defendants, by providing assistance and advice to private attorneys who will hanclle capital post-conviction litigation. $2,500 was allocated to the organization for 1997.

Conflict Resolution/Peer Mediation Guide for Arkansas Schools ARKANSAS ALTERNATIVE DISPUTE RESOLUTIO (ADR) COMMISSIO The purpose of the Arkansas Alternative Dispute Resolution (ADR) Commission is to encourage, promote and develop voluntary alternative processes through the state to resolve disputes, cases, and controversies of all kinds. Funding in the amount of $2,400 will enable the ADR Commission to print, compile and distribute to all Arkansas school districts a basic conflict resolution/peer mediation curriculum guide to be used as a beginning tool for teaching of conflict resolution skills.

7

_ot

the arkansas bar foundation

Outstanding lawyers in the State of Arkansas are invited to become Fellows of the Foundation. Upon invitation, a Fellow must contribute or pledge to contribute an amount designated by the Foundation Board. The current financial requirement to become a Fellow is a pledge of $1,500, which is payable over a three or five year period. Upon receipt of the pledge and initial payment, the attorney is designated a Fellow. After the pledged contribution has been paid in full, the Fellow's picture will be displayed in the Hall of Fellows in the Arkansas Law Center. This list represents the current 523 Fellows of the Foundation as of April 30, 1997. Those Fellows whose names are highlighted in bold are recognized as newly designated Fellows for the 1996-97 year.

Sustaining Members Pledge payments, scholarship contributions and other gifts are deposited into the Trust Fund.

While investment income from the Trust Fund principle funds the charitable and educational purposes of the Foundation, a separate operating account pays for the day to day costs associated with administering the Foundation. In addition to rent from tenants in the Arkansas Law Center, a primary source of operating funds is through Sustaining Memberships. Any Fellow of the Foundation who contributes $50 annually may become a Sustaining Member.

We appreciate the suppon of our 182 Sustaining Members. Names marked with a "*" represent Fellows who were also Sustaining Members as of April 30, 1997.

Julius C. Acchion~ Richard B. Adkisson Charles Greg Alagood • Edwin B. Ald~rson, Jr. • H. William A1kn R. Ben AJlen • Guy Amsler, Jr. E. M. Anderson Ovenon S. Anderson • Philip S. Anderson • R. Keith Arman Morris S. Arnold Jess L Askew, III • Virginia Atkirnon E. leRoy Autrty Lawrence H. Averill, Jr. Donald H. Bacon Carhon Bailey Frank H. Bailey Nancy H. B~ley Kennelh B. Bairn Charle.s W Baker James P. Baker,)r.

• Roy L. Baker. Jr. E.J. Ball William K. Ball Ralph e. Barnhan W Christopher Barrier Ben T. Barry Sherry r Bartley David F. Banon Raben Banon Samuel R. Baxter R. T. Beard. III Mike Bcrbe Joe D. Bell Paul B. Benham, III Sanford L. Beshear, Jr. Edgar E. Berhell Sam N. Bird Eric W Bishop

H. David Blair James B. BI~r lim Boe Paul R. Bosson • Ted Boswell • William H. Bowen Edward Boyce Wayne Boyce • Comer Boren, Jr. Thomas M. Bramhall Ellen 8. Brander • William C. Bridgfonh Bill W. Bristow • Edward W. Brockman, Jr. • Charles A. Brown Gerald Brown Roben L Brown • Thomas E. Brown • C. Bramley Buck C. Douglas Bufnrd. Jr. Tom A. Buford • Dale L. Bumpers • Dan M. Burge Larry W Burks Kevin R. Burns Eldridge J. Buder Richard e. Buder, Jr. James A. Bunry F. Wilson Bynum. Jr. • John R. Byrd RichardJ. Byrne Roben D. Cabe • John C Calhoun, Jr. Worrh Camp, Jr. • George E. Campbell • Claude Carpenrer, Jr. Thomas M. Carpenter Phillip Carroll Daniel R. Carrer Jean T. Urt.r • Paula J. Casq

8

. Roben M. Ctarl(:y, Jr. John S. Chwy, Jr. Sandra Wilson Cherry Lawrence E. ChiStnhaLl, Jr. Bill S. Clark William M. Clark, Jr. W. Dane Clay H. Murray Claycomb Hillary Rodham Clinton Ralph M. Cloar. Jr. H. Howard Cockrill Eldon F. Coffman Charles T. Coleman • Robert C. ComplOn John A. Cooper ' Barry E. Coplin Ben Cort Nale Coulrer • Michael H. Crawford • James D. Cyperr Roy E. Danuser Jim Darr, Jr. Walu:rW Davidson • John A. Davis, III Sidney r Davis. Jr. • Raben T. Dawson • J.e. Deacon Gerald L. Delung Roberr L. Depper. Jr. Jay W. Dickey, Jr. Edward B. Dillon, Jr. • WG. Dinning, Jr. • Philip E. Dixon Roberr E. Dodson Roberr r Dougherry Darrell D. Dover Ted N. Dr:lke • Winslow Drummond . limothy 0. DurIJey Phillip J. Duncan Winford L Dunn

James Trevster Dyke B. Michael Easley John C. Echols William A. Eckert Charles H. Eddy G. Thomas Eisele Byron M. Eiseman, Jr. • John D. Eldridge • Don R. Elliort, Jr. • George D. Ellis • John R. Elrod WW Elrod, II • William H. Enfield · Srephen Engstrom Roberr R. Esres • Gary L. Eubanks Audrey R. EV1..DS • Mike Everen undsey J. Fairley Phillip B. Farris Jackson Farrow, Jr. • Oscar Fendler William Lee Fergus Victor A. Fleming • John A. Fogleman • Julian B. Fogleman Dan Ford John F. Fomer, Jr. Charles Frierson, III Raben F. Fussell W Dale Garren M. Morrell Garhright Katherine C. Gay Martin G. Gilben · John r Gill Marion S. Gill Charles J. Giroir, Jr. • W. Dent Gitchd · Monon Gildman • An A. Givens, Jr. • Roger A. Glasgow

)

• David M. Glover Chari" S. Goldberger • .rhan G. Gorrlon • Alben Gm", Jr. Alben Grnes, Sr. John R. G"v" K'nhlyn G"ves , J. W. Grttn, Jr. • john C. Grtgg Ridwd E. Griffin Ron.Jd L Griggs Marl< W Grobm!"r Wayne Gruber Mich,,1 E. H.J, Mil" H. H.J" III John T. H.lry, Jr. • O. Wrnd,1I H.JI, Jr. Don F. Hamilton • Donis 8. Hamilton Herman L Hamihon, Jr. W P. Hamilton Jrffrry E. H",,,, Stuan W. Hankins John T. H2rrIin PH. H,",in D'ni<! M. H..p.

John . HarI<ry , 0.00 K. H"1' Sarry W. H2fTdl, Jr. Eugene S. Harris J2m" E. Hmis S. Rrid Hurod, Jr. , John T. H"kins · Richard Harfield William D. Haught Claude S. Hawkins. Jr. M. 5,,,1, H.ys Lo"ur Hendricks , J. Smi,h Hrnlry Don.Jd H. H'nry Roben W Hrnry E. H. H"rod S2m Hilburn Eo Kent Hinch • Rich.rrl W. Hobbs Willi.m H. Hodgt o.vid A. Hodges Hrnry Hodg" K20ru"r Hodges, Jr. Conis E. Hogu' • Cyril Hollingsworth · Don Hollingsworth Bill R. Holloway • }2Ck W Holl, Jr. • Robert M. Honea • Jenniffer M. Horan Roben E. Hornbe'];"r Phillip D. Hou, Dororhy Y. Howwl EJ. H"",II, Jr. , W M", H""..JI D. Mich..l Huckab.2y · aint Huey · Annabt:Ue Clinton Imbe:r 1Und.J1 W. Ishm.d Hemwln h"CSter Don.Jd T. J.d<, Jr. John H. J.ckson Alston Jennings, Jr. · Alston Jennings B"dlry D. Jcsson John M. Jrw,1I · W Horace Jewell · Glenn W. Jones, Jr.

M. S.mud Jon", III Roben L Jon", Jr. Roben L Jon", III W. Wilson Jones Jirn L JuWn , Eug<n' Kdlry · Willi2m H. Krnnrdy, III , J.L Kidd, Jr. , Judson C. Kidd Mjma C. KiJgorr John N. Killough , Josq>h E. KiI!"trick, Jr. Warren O. Kimbrough Mil2m Mikr Kin.rrl Don.Jd K. King H.rold L. King Knox B. Kinney John S. Kitterman Peter G. Kumpe H. Baker Kurrus Rrgirt2 W Laidler Sr2nlry R. Langlry o.vid N. 1.as<r S2m 1.as<r · John T. Lavry , IIrr A1kn Laws, Jr. Ld",d E lr2rh,nn", Ch.rl" R. Lrdben" Thomas D. l...edbrner Roben A. LdIar Roben BLrflu Markham Lester Stark Ligon G.ry E Lil" Ruth Lindsry W. Kirby J.ockh2fT Aoyd J. Lofton J. Hugh Loobdoo, Jr. Edwin L Lowther, Jr. • P,try W Luekrn J2m" M. LulTm'" , Di"" S. Mmry Anhur R. Macom Edwud S. M.ddox Phil M.Jcoro Howml L Manin Rich.rrl L Mxrtin · William A. Martin Michae:l H. Mashburn Terry L Mathews Charles D. Manhews David R. Matthews · Stephen A. Matthews , Ron.Jd A. M.y • S. Hubert M.ys, Jr. Rich,", L. M.ys Robin L Mays Eugtne J. Mazzanti H.JI McAdann, III H,rbrn H. McAd.ms, II , A. D. McAllist", Jr. , Ausrin McCxskiII Jxmcs E. McCI.m, Jr. H.yes C. McClrrkin Sidnry H. McCollum Ed W McCorkl, Bobby Mco.nid Lucindx Mco.nid Harry Eo McDermon, Jr. Roben McH,nry Marcia Mcivor · James H. McKenzie • J.m" A. Mclarty, III James Bruce McMath

, Phillip H. McMath Sidnry . McM.rh Tonry D. McMillan , Jm A. McNulry D.LMcR..

• Russ Mrrks D.oo E Mrnz William . Miller, Jr. H. Mxuricr Mirchdl Mich..l W. Mitchdl Edwud O. Moody , J.m" M. Moody Charles Mooney , Dcwry Moo", Jr. · Harry Truman Moore J.m" L Moo", III · James W. Moore John B. Moo", Jr. Mirch,1I D. Moo" Rich,", N. Moo", Jr. Chxrl" A. Morgatl Slrph,n E. Morlry Krnneth R. Mounon Rosalind M. Mouser Wm. Kirby Mousrr La: J. Muldrow B2fT G. Mullis Walter A. Murray Rich.rrI S. Musr C. B. ",cr, Jr. Ronald G. anmorr William ash E. Shdlidd Ndson Ch"l" R. N"rrud David Newbern George H. Niblock • W.J"r R. Niblock Wyck Nisbet, Jr. R. Gary Nuuer Mikr A. O'Bri,n Bobby La: Odom Conr2d T. Odom Rich.rrI P Osborn, Thoro'" L (h~rbry Chxrles C. Ower> William LOwen Michxd O. P2rlrrr G,rl2Od P P,nrn icholas H. Panon WiUiam L Pauon, Jr. Rich.rrI L Prrl Edward M. Penick Bill Penix Samuel A. P(rroni Donna C. Petrus E. lamar Petrus Norwood Phillips Gco'];" E. Pik" Jr. John M. Pinman Chul" E. Plunk", Odrll PoII.rrI o.vid M. I'<M,IJ Don.Jd E. Prrv.JI" Williaml.P~t

N. I),j, Pri",

o.vid H. Pryor Thom" B. Pryor , Don.Jd C. PuIIrn Steven W. Quatdebaum John W. Rxin" Michad R. Rainwater · Louis L Ramsay, Jr. • Richard L Ramsay C.E. Ransick

9

Brian H. Ratcliff Gorrlon S. Rath", Jr. , J. Thom" Ray , trphfn M. Rruon" , o.vid Rres Rich.rrl A. Rrid Jxmcs R. Rhodes, III arn E. Ri", Elton A. Rirves, III Rich.rrl W. Roxchrll M.rk Roberts usanne RobertS H. Clay Robinson Roben L Robinson, Jr. Spencer F. Robinson Judith Rogm , Ch"l" B. Roscopf Ch"l" D. Roscopf · Louis Rosen J,IT M. Rosennv'ig Roben D. Ross Roben R. Ross Br><rly A. Rowl", Elsijane T Roy Krnt J. Rubens H,rbrn C. RuIr, III Don.Jd S. RY'" j.E. Sand'n Ala G. Sanderson o.n if! K. Sdridller Eugtne L Schiemer Don M. Schnipprr I"" A. Scon, Jr. Leonard L. Seon Mary Davies Scott F"nk B. Sewall Dennis L Sh.ckIeforri John M. Sh2CkJ,ford, Jr. John K. Sh2mbu'1ler • J2m" B. h"1' H.rold Sh.rpr · Srrphrn M. Sb.2mm , J. L Shxvrr, Jr. J. Michxd Sh.xw Krnnrrh R. Shrrnin William F. Sherman Scotry Shivdy · Robert Shulu Hxrold H. Simpson, II • James Marlon Simpson, Jr. J.d< Sims , Ted C. Skokos Rodney E. Slarer Howard L Slinkard arrl A. Smirh arrl S. Smirh Don.Jd H. Smirh Dougl" O. Smith, Jr. Griffin Smith Laura H. Smith • Ray S. Smirh, Jr. Robert D. Smirh, III , William j. Smirh Fr2nk Snrllgrovr, Jr. , 0.00 Solomon Thorn" E. Spxrks J2m" V. Sprn",r, III James D. Spron Roy E. Sr2nlry Wilton Eo Stetd Gale B. Stcwan Jran D. Srockbu'E'r William M. Srocks • Thomas S. Stone

O.H.Srorry,1II • Thomas S. Suttunan • Leonard P. Striekman Josq>h A. Suod, , John E Stroud, Jr. P,ul Sullins · William H. Sunon 1imothy R. Tarvin Rrx M. Trrry

,

, ·

, , ·

, ,

· , • · · ,

, ·

WiIli2m L Terry Marvin D. Thaxton Hoyt Thom" John R. lisd.J, Win A. Tr2lforrl Roben D. Trammell William H. Trice, III N. W.lIs Trimbl, Jim Guy Tucker Oris H. Turner Edgu J. Tyler Frrd S. Ursrry o.vid B. V",d''1lrilT A. Glenn Vassc:r Robert C. Viuitow Eddi, H. w..Jker, Jr. WJ. W.Jkrr J.m" R. WaIJx", Larty C. W.JIx", G. Chris W.Jth.J1 C. R. Wacoer, Jr. John J. W.rkins Frank L Warson. Jr. John Dtwey Warson 1imOlhy F. WalSOn, Sr. Royce Weisenberger, Sr. James E. West Ikmard Whetstone Bud B. WhelStone F"nk B. Whirbeck F""k L Whirbeck Chris E. Williams Rich.rrl A. Willi,,", Roben H. Willi,,"s W. Jm William'; Jr. J. Gaston Williamson R.Jph E. Wilson Robert M. Wilson, Jr. Willi2m R. Wilson, Jr. Russell B. Winburn Teresa M. Wineland Carolyn 8. Witherspoon Tom D. Womack Hrnry Woods Jor D. Woodwud Richard H. Wootton Robrrt R. Wrighr, III SUWl Webber Wright Terry F. Wynne W. Kdvin Wyrick Damon Young E1iubrth G. Young H. o.vid Young Paul B. Young

IIiI The Arkansas Bar Foundation acknowledges with grateful appreciation the receipt of memorial gifts, scholarship contributions, honorariums and other donations to the Foundation during the 1996-97 year. This list represents gifts, not including pledge payments, received from July 1, 1996 through April 30, 1997. We thank you for your support.

Acxiom Corporation

Hardin, Dawson & Terry Law Firm

Thurston and Catherine Roach

Beryl F. Anthony, Jr.

Fred H. Harrison

Ramona Roe

Arbnsas Trial Lawyers Association

Mr. and Mrs. J.E. Hathaway, Jr.

Dennis L Shackleford

Roy J. Baker, Jr.

Danny and Mary Hickman

Dougl" O. Smirh, Jr.

Hucbbay, Munson, Rowlen & lilley, PA.

Dr. and Mrs. Harris Lake Smith

Barber, McCaskill, Jones & Hale, P.A.

Ndson and Susan Huey

Kenneth R. Smith

Judge Judith R. Bearden

Catherine Hughes

Mr. and Mrs. William J. Smith

Ray and Natalie Ikrnard

Judge Annabelle Climon Imber

James D. Sprott Law Firm

Mark and Sherri Billings

Dr. and Mrs. Roben H.)ames

Lane and Judy Strorher

Donald E. Bishop

Michael E. Kelly

Judge John and Marietta Snoud, Jr.

H. David Blair

Mrs. Buddy King

Mr. and Mrs. William L. Terry

Joyce Bobbin

Burl !Gng

Nadine upon

Mr. and Mrs. Jack Bolls

Duane and Karen Knight

Union Pacific Railroad

Mr. and Mrs. William H. Bowen

Janna R. Knighl

Walker, Campbell, Campbell. PLC

Dan R. Bowers

Thomas and Deborah Knox

Jack, Mary and Leona Walker

Joseph Ltt Brown

Pc:rer G. Kumpe

Whire.RodgeIl Division, Emerson Elecnic

James A. Bunry

Legal Srrategies, LC.

Mr. and M~. Jerry D. Campbell

M~.

Capir:U Universiry

William F. Ligon, Jr. and Family

Mr. and Mrs. Robert H. Williams

The Cashion Company, Inc.

Col. and Mrs. William A. Martin

Judge William R. Wilson, Jr.

Kerry Land Rebro:a Caveness

Elizabeth C. "Betty" Matthews

Joe W. Wimbetly

Ardell Clark

Judge Robin L M,Y'

Wright, Chaney, Berry & Daniel, P.A.

Mr. and Mrs. Bill Clark

Mr. and Mrs. Robert S. McCord

Judge Ernie E. Wright

Mr. and Mrs. H. F. Collins, Jr.

Carolyn McPherson

Dr. Roben R. Wright

Mr. and Mrs. Robert Compton

Judge Carl B. McSpadden

Mr. and Mrs. Bennert Wood

M. Gayle Corley

Mr. and Mrs. Tom Milburn

Steve. Linch and Jeff Wood

William L Cravens

Judge James M. Moody

Judge Henry Woods

Mr. and Mrs. Oscar E. Davis, Jr.

Frank and Carolyn Narramore. Sr.

Younes Law Firm

Mr. and Mrs. Jack C. Deacon

James and Fern Nicholson

Paul and Marctlla Young

E.B. Dillon, Jr.

Ann H. Nicce

Mr. and Mrs. Winslow Drummond

Ford and Stephanie Ovmon

J.E., Jr. and Lema Dunlap

Warren and Heather Overton

Judge John A. Fogleman

Mr. and Mrs. Charles N. Oxford

&roer, McCaskill. Amsler, Jones & Hale,

Mr. and

M~.

John

r Gill

rA.

Roben Light

Wilcox Group

Jerry A. Pinson

Judirh Gray

S",h M. Polk

Vivian Gutensohn

Rebsamen Jnsurance

Mr. and

M~.

Charles C. Hall

Company

Ken Reeves

10

recognizi ng EXCELLENCE 1997 Annual Awards These awards are given jointly by the Arkansas Bar Foundation and Arkansas Bar Association and presented at the Arkansas Bar Foundation Fellow's Dinner during the annual bar meeting in Hot Springs.

Outstanding Lawyer Award DAVID "MAc" GLOVER, MALVERN

Given in recognition of excellence in the practice of law and outstanding conrributions to the profession.

Outstanding Lawyer-Citizen Award HENRY HODGES, LllTLE ROCK

For recognition of outstanding participation in and excellent performance of civic responsibilities, and for demonStrating high standards of professional comperence and conduce.

C. E. Ransick Award of Excellence SIDNEY H. MCCOLLUM, BENTONVILLE

Given in recognition of extraordinary service to the legal profession.

Outstanding Local Bar Association CRAWFORD COUNTY BAR AsSOCIATION PULASKJ COUNTY BAR AsSOCIATION SEBASTIAN COUNTY BAR ASSOCIATION

Recognizing outsranding acrivities which enhance the position and standing of the legal profession.

Behind the scenes of the Foundation's accomplishments are a group of lawyers diligently working. This remarkable group of volunteers, compnsed of the Officers, Boar

0

trecrors,

mirrees, deserve recognirion for their tireless efforts in furthering the Foundation's goals. Thanks and appreciation are extended to the many individuals who volunteer their time and expertise by serving in these various roles.

"fiJe (Olllents oj tim report reflect 'lrtl/liNeS ofthe Arkill/sas Bill' FOlllldatioll frOIl! Jilly J, J996 throllgh Ap. il 30. J997.

11

1996-97

Board

of

Directors

Officers PRESIDf..\'T

Russ Meeks, Litcle Rock VICE PRESIDEm"

A. Glenn Vasser, Prescon SECRETARY-TREASURER

James O. Sprotl, Harrison Eastern Bar District 1997 Mike Everetl, Marked Tree 1998 Don~ Hamilton, Pmgould 1999 Bobby McDaniel, jonesboro Western Bar District 1997 Eddie H. Walker,jr., Fort Smith 1998 Martha Miller Harriman, Van Buren 1999 David K. Harp, Forr Smith Central Bar District 1997 Paula J. Casey, Little Rock 1998 Richard A. Williams, Litcle Rock 1999 Russ Meeks, Little Rock Southern Bar District 1997 A. Glenn Vasser, Prescotl 1998 Worth Camp, EI Dorado 1999 Ed McCorkle, Arkadelphia Northern Bar District 1997 MOflon Gitelman, Fayetleville 1998 james D. Sprotl, Harrison 1999 David Matthews, Rogers Ex-Officio Charles B. Roscopf, Immediate Past President, Arkansas Bar Foundatio~ Paul B. Young, Chair, Trust Commitlee Harry Truman Moore, President, Arkansas Bar Associarion

Arkansas Bar Foundation Committee Chairs TRUST

BUIUOI~G

Paul B. Young

David Solomon

1~~'ESTMf1',T

SCHOlARSHIP

james B. Sharp

Frederick Ursery

Acorr Thomas Overbey

Stephen M. Sharum

AWARDS

WRfllNG AWARDS

Russ Meeks

Victor A. Fleming

SELEOlON Of FELLOWS & MEMBERSHIP

Richatd L. Ramsay

Foundation Staff Ann Dixon Pyle, Executive Director Joyce Bobbitt, Administrative Assistanr

SPECIAL PROJECTS

with the first line. Kipling begins,

"If yOIl can keep y01l1' head when all abolll you are losing theirs and blaming it on you."

McNulty's wife of 30 years said in a moment when he was beyond hearing, "If things are falling aparl, Jack is who I want 10 be in Ihe middlc. He is good in crisis." MOllline, who reared three children, SCOIl, 26, Allison, 22, and Mark, 18, with McNulty, admires his abilily to "listen and analyze." She reels off his positive traits without pause, calling him "a good leader who doesn't do anything halfway. Jack knows how 10 facilitate," says Montine, "He has a good sense of people and is able to draw on Iheir strenglhs. He is good at taking care of delails, but also has thaI ability to look at Ihe big picture and plan."

Kipling writes,

"If yOIl can make one heap of all your winl1ings And risk it on one turn of pitclt-and-Ioss, And lose, and starl again al your begi/lnings, And lIever breathes a word abol/t YOllr loss:"

Above: The McNIIII)'s ill frolll of Iheir favorile historical mural ill (/owlIlown Pille l3Iuff.

Lefl: Jack and MOllfine McNulty at hOllle in Pine Bluff, Arkansas

ing 10 him I found myself beginning to be persuaded by the nobility and remembering some of the characterbuilding moments in my teens. As he unassumingly answered my questions, a favorite poem kept running through my mind. This is Ihe guy, I Ihought. It's Rudyard Kipl ing's "If' in the nesh. My mother gave me a copy when I was exiting adolescence. When McNulty left the room for a brief moment during our conversation. I asked his wife Montine if she had heard of it. Turns out, it's our new president's favorite, and like my mother he had gifted all three of his children with a copy.

Though written in 1936, Kipling captures Mc ulry in the rhyme starting

McNulty says attorneys musl learn 10 "take the losing and the winning. The practice should boosl self-esteem." And throughout the interview, the poetic parallels continue.

McNulty is an old school lawyer practicing at the firm of Bridges, Mallhews and Drake PLC since 1974.

He calls himself "extremely lucky 10 be in the profession" and finds his law practice "challenging," giving him the opportunily to "help people resolve problems they can't resolve themselves:' His attraction to challenge and ability to plan will serve him well during this presidency. McNulty takes office in Ihe Arkansas Bar Association's centennial year. His vision for the 100th year is to plan a "celebration of professionalism in the practice of law. I want 10 see lhe progress already in place continue to grow and prosper," says McNulty. "The 100th anniversary is a bridge from the past 10 the fUlure. We have lost a 101 of our past focus on professionalism. We don', want the trade part of Ihe practice to overwhelm us in the future."

McNulty brings to the office an admirable record of being able to implement his themes of planning, bridge

IF RUDYARD KIPLING If you can keep your head when all about you Are losing theirs and blaming il on you; If you can trust yourself when all men doubt you, But make allowance for their doubting too;

If you can wait and not be tired by wailing, Or, being lied aboul, dan', deal in lies, Or being hated don't give way to hating, And yel don't look 100 good, nor lalk too wise; If you can dream-and not make dreams your master; If you can think-and nol make thoughts your aim.

If you can meel with Triumph and Disaster And treat those two impostors just Ihe same: If you can bear 10 hear the truth you've spoken

Twisled by knaves 10 make a trap for fools, Or watch Ihe things you gave your life 10, broken, And SlOOp and build'em up with worn路 out lools; If you can make one heap of all your winnings And risk it on one tum of pitch-andlOSS, And lose, and sian again at your begin. nings, And never breathe a word about your loss: If you can force your hean and nerve and sinew To serve your tum long after they are gone.

And so hold on when there is neither in you Except the Will which says to them: "Hold on!"

If you can talk with crowds and keep your virtue.

Or walk with Kings-nor lose the com mOlltOllch, If neither foes nor loving friends can hun you, If all men count with you, but none too much: If you can fillihe unforgiving minute With sixty seconds' wonh of distance run,

Yours is Ihe Earth and everything Ihat's in ii, And-which is more-you'll be a Man. my son!

tl ne .Irlmas I,all)rr Summer 199i

building, and progress. His sense of "paying back" is exemplified in the leadership positions he has held in the community as, among other, Arkansas Alumni Association President and a

member of the Board of Directors for both the Pine Bluff and Arkansas Chambers of Commerce. McNulty has served the Arkansas Bar Association as

allowance for Iheir dallbling roo: If you can wait alld 1101 be tired by wailing, Or, being lied about, do,,', deal ill lies, Or being haled don't give way 10 haring, And yel dOli" look too good. 110r fOlk (00 wise;" As OUf profession grows up in a soci-

Chair of the Executive Council, Chair

ety thaI seems bent on "doubling" us, we need leaders who as Kipling says

of Jurisprudence and Law Reform, and a member of the House of Delegates, and that is just the short lis!.

But most importantly, McNulty

"COl/ fill Ihe IIl/fargivil/g minute Willi sixty seconds worth of distance rUII" because only then

JACK MCNULTY AWARI>S

1984 &1985 Golden Gavel Awards as Chair of the Jurisprudence & Law Reform Committee

1990 Golden Gavel Award as Chair of Legislative Procedure

1995 Charles L. Carpenter Award RECENT ARKANSAS BAR COMMrrTEEs

1992 Charles L. Carpenter Award CotTIm. In-House Corporate Counsel Legislation Health Law Jurisprudence & Law Reform Law Practice Management

1993 Long Range Planning Health Law Law Practice Management

Jurisprudence & Law Refonn Legislation E

~

~

1994

1;

Jurisprudence & Law Reform Health Law Task Force on Comminees & Sections

o

20.-

Abo-'e: Jack and Monrine McNulty

011

the deck of their home.

1995 brings to this presidency the example of how 10 incorporate with reverence the old values of the first century as we move 10 the second. As our profession matures, he can help ease the sometimes painful growth spurts from adolescence 10 adulthood because he has

kept the faith.

"Yours is file Earrll and e\'el)'filing thar's in if. And-which is more-you'" be a Man. my SOil!"

In this centennial year, McNully will hopefully sprint with us toward man¡ hood. Every lawyer, man or woman, should sign up for the run .â&#x20AC;˘:.

untouched.

When asked about the growing discontent among allorneys

with their chosen careers, McNulty responds, "Those who aren't happy in the practice should do something else.

We should not be asking how much money are you making, but how is your family and how are you doing in the community." Again the poem comes to

mind. Kipling pens, "'f )'011 call frIlSf )'ourself wilen all mell dallbl you, bill make

Finance Committee Jurisprudence & Law Refonn Task Force on Committees & Sections

Legislation

1996

Stacey DeWifl is the Arkansas Bar Associarion Lobbyist and Media

Jurisprudence & Law Reform Legislation Task Force on Committees & Sections Charles L. Carpenter Award Comm.

COllsulwlll.

Finance

In our recenl past. attomeys have

taken some licks. Still, McNulty seems

Health Law

1997 Legislation

At Right: Tile McNulty family gatllered for a rare family plloto during f/ie 99111 AI/filial Meeting in HOI Springs. Tiley are. clockwiseMark. Scott. Jack. MOllfine and Allison.

Photo by Cindy MomchiloY

~l

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10

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New Partner路 New Name Grayson & Grayson is pleased to announce a new partner, John T Holleman Iv, and a change in the name of our firm to Grayson, Holleman & Grayson.

from teft: Keith L. Grayson, Melanie L. Grayson and John T Holleman

Keith L. Grayson, c.P.A., J.D. Melanie L. Grayson, J.D. John T. Holleman, IV, M.B.A., J.D., LL.M Douglas S. Adams, J.D., LL.M* * Also licensed to practice in Florida

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Official Directory of the Arkansas Bar Association "Your Blue Book of Attorneys - Since 1935" Names, addresses and telephone numbers for virtually all of the legal community

The Table of Contents includes the following: Arkansas Bar A..oclation U S Government Executive Branch

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U S Repr•••ntlltlvea Judicial Bl'llnch U S Supreme Court U S Courts of Appeals

Eighth Circuit (ARt lA, MH, MO, HE, NO, SO) 5 Court 01 App..'a - Federal Circuit S Court 01 App.als tor the Armed Forc•• S District CourU Jurisdictions S District Courts E••tem District of Arkan'" W••tam District 01 Arkan••• U S Bankruptcy Courts E••tam " W..tern Districts FIling Offlc•• U S Probation Ottlca

U U U U

Elltem Dlatrlct ot Arkan••• W,.tam District or Arksn...

U S Court 01 Federal Claim.

U S Court of IntamlitloNlI Trade US Tax Court OapllrtrMnt of Health" HUrNln SeNte.. Region 8 OapartnMnt of Intarlor Bur.au of Indian Affairs Oapllrtment of J~t1c.

Attorney Ganeral

Antitrust Division Drug Enforcement Adminlstntion N. . DrlMns Division Federal Bureau of Investigation Fed.ral Bur.au of Prisons South Cent,.1 RlIglon Immigration" NaturalizatIon Service Eut.rn RlIglon US Anorner," U S Mlrsha s S.rvice U S Tl'Ullt•••• OMc., Region 13 Dep.rtment at Labor Ottlc. ot Worker's Compenutlon Program.

Occupational SaNty and .....m. AdmlnlllttaUOn Department at Tre.sury Bureau of Alcohol, Tob.cco and Arearms Inl.mal R.venue Stirvlc.

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General Assembly SeMtora House of Representatlws Stat. Agencle.

Attorney General's Office Arkansas Code Revision Commlllion Department of Corrections Taxation Departments

Internal Revenue Service, AR..QK DI.trict DepartrrHtnt 01 Anance " Admlnl.tntion Arkans.s Public Service Commlulon Court Section - Arkan..s Supreme Court Court 01 Appeals Administrative Office of Ihe Courts Judicial Discipline" DI..blllty Commls.lon Circuit Courts Chancery Courts Juvenile Courts Probale Courts County Courts Courts 01 Common P1..s Municipal Courts Justices 01 the Peace County Quorum Courts City Courts ponce Courts ProleuloMI Auoclallon.

American As.oclallon of Law Ubrarle.

American Bar Assoclallon Association 01 legal Admlnlstnlora Auoclatlon 01 Reportars of Judicial Decisions A.soclation 01 Trial Lawyers at America legal As.l.tant Mlnagament A.soclation legal Secretaries IntematioMI. Inc. Nallonal Auoclation of C,lmlnal o."n.. Lawpn Nallonal Association of legal Assistants, Inc. Nallonal Association of legal Secretaries Nallonal Association of Women Lawyera Nallonal Court Reporters Alloclatlon National Federation 01 Paralegal As.oclatlona Arkan Auoclatlon 01 legal Secretarle.

Arkan Alloclatlon 01 Women Lawyers Arkan Bar Assoclallon Executive Council Bar Districts Stoff House 01 Oelegales Section Offlcers Standing .. Special Committees Arkansas Bar Foundation Arkanus IQLTA Foundation, Inc. Arkansas Law Review" Bar A.socletion Journal Arkensas Volunteer Lawyers for ItM Elderly local " Specialty Bar Associations Calendar of Events Arkansa. Prosecuting Attorneys Association Arkansas Tria' Lawyers Association Arkans.s County Map City-County Ust Attorney Alphabetical Roster Statewide Arm Alphabatlcal Rosier Stalewlde Attorneys, Roster by County. City Out of Stata Attorneys Aelds of Practice Madialors Biographical Ustlngs Classified Advertising Sactlon Bank" Trust Officer.

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RULES, RULES AND MORE RULES

BY LARRY BRADY

The rule was amended again in an order issued June 30, 1997 to pare down from sixteen to eight those cases in which appellate jurisdiction will automatically lie in the Supreme Coun (1. constitutional interpretation, 2. sentences of death or life imprisonment, 3. extraordinary writs. 4. election issues, 5. attorney discipline, 6. judicial discipline, 7. second appeal, and 8. cases otherwise required by law). All other cases will be flied in the Court of Appeals. Yes. it no longer matt.ers whether an appeal is characterized as a contract or ton case. The Supreme Coun will screen cases that are filed in the Court of Appeals and transfer cases to the Supreme Coun when they involve issues of first impression, inconsistent precedents, federal constitutional interpretation, substantial public interest, development of the law, or statutory interpretation.

Additionally, the COUrl of Appeals can certify such cases to the Supreme Court. Review by the Supreme Court of decisions by the Court of Appeals will continue to be rare,

Arkansas lawyers need 10 be on the lookoul for Ihe Arkansas Advance Repons or their electronic equivalent.

The Supreme Court made a number of significant rules changes prior to its summer recess -- even changing its regular court date from Monday to Thursday.

The cover story of the 1997 Spring issue of The Arkonsas Lawyer asked, '"Is it deja vu all over again?" The same eould be said for the Court's aClion in again amending Supreme Court Rule 12 concerning the allocation of cases bel ween the Supreme Court and the Court of Appeals. In per curiam orders issued on July 15, 1996. and September 9, 1996, the Court instiluted a requiremenl thai an appellanl file a Cover Sheel and Jurisdiclional Statement al Ihe lime its brief was filed. In case you have been confused, the 1997 volume of Ihe Arkansas Court Rules failed 10 include these changes. The publisher, Michie, has prepared an errata sheet to correct this oversight. However, the rule as it appears in the errata sheet will be outdated as of September I, 1997.

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It's worth mentioning that the

backyard belonged to Winthrop Rockefeller. A small barbeque among friends. And l..he purpose of this gathering was... "get/in' up

the money. " The goal seemcd attainable enough LO this \~sionary group of 124. To fostcr cconomic development, lO crcale employment opportunities and stimulalc growth. In short, to changc the course of Arkansas history.

At the center of this \;sion was an ilweslrnenl to form a 11011/Jrofit foundation lhal sen'cd as an alternative funding source for

small businesses in Arkansas. The Arkansas Capital Corporation.

The original founders hoped LO gain a thriving cconomy in their state (and a lillie barbeque).

Did we mention the year? 1957.

Yes, i!'sollr40Ih. We'll be sharing more of our story, because, LO some degree, our hisLOry is )'ours.

& Information

Or Reach U On

The World Illde Web at \lo'\\w.bcslcase.com CASE Soun'IO~S, Isc. 635 ChIcago A~enlK' Suitt 110 E\'aIlston, Illinois 6Ol02 HIt.~

ARKANSAS CAPITAL CORPORATION

Ir' 40

years later...

225 South Pulaski Slreel . Lillie Rock. Arkam,,~ . 7220 I .

1I

1/800/216/723; n~ ,lr~amll.l\\W

Su•• ~r 1997

This change is effective for records lodged on or after Seplember I. 1997. The Infon1l3tional Statemcnt and Jurisdictional Statement will no longer be separate from Ihe brief, but will be a part of the brief as required by Rule 4-2.

In olher rules changes, the Court amended Rule 2 of the Rules of Appellate Procedure -- Criminal and Rule 3 of the Rules of Appellate Procedure -- Civil in an order issued June 23, 1997. Appellants must certify in their nOlice of appeal that they have made any necessary financial arrangement with the court reporter, and if the certification is not made, the notice of appeal is rendcred invalid.

The change in the Court's meeling date was made on June 30. 1997, and the order amends various rules to implement the change, That order also amended Rule 5-1 regarding a request for oral argument. The request must be made contemporaneously wilh the filing of the party's brief, bUI by separale leiter. Additionally. Ihe Court added criteria describing the situations in which oral arguments will not be allowed.

In a per curiam order issued June 23, 1997, a new rule was added 10 the Rules of Criminal Procedure, Rule 37.5. This rule establishes the rocedures to im lement

the Arkansas Effective Death Penalty ACI of 1997 (AcI 925). Indigent death-row prisoners will be provided counsel to pursue Rule 37 ciaims in order to allow the State to "opt-in" to the benefits afforded by the federal Antiterrorism and Effective Death Penalty ACI of 1996. This federal legislation places restrictions on the right of stale prisoners to resort to federal habeas corpus if the State guarantees com· petent counsel for such prisoners to pursue any post-conviclion claims, The Rule is effective August I. 1997, and Ihere are retroactive provisions. Attorneys and judges who handle Ihese cases need 10 carefully review Rule 37.5.

Obviously, this forum does not pennil a detailed review of each section of the rules mentioned above. If your practice includes any appellate work. Ihe per curiam orders issued on June 23 and 30,1997. need to be consulted. Otherwise, you risk an invalid nOlice of appeal, filing your appeal in the wrong court. or showing up for oral argument on Ihe wrong day of the week.':' Larry Brady is 011 oftorney wilh lite Adminislrarh'e Office of lhe CourlS.

Ipm'/ 2/

Our first LOAN was $130,000 and that was C H 1eKE N FEE D. In 1959 our first oppOrlunily to makc a loan strutlcd along when we hcard about ScOlt C.ottnl).

The chicken w,lSn't a rnre bird in ScOll c.oumy h'illl 125 pOtlhry raisers in a 75 mile radius. But lhese plucky people wcrc looking to diversify Iheir CCOnOIll)'.

Thai's precisely why Arkansas Capital Corporation was formed-as an altcrnaIh'c funding source for small businesses 10 help dh'ersify and industrialize Arkansas' cconomy.

The pcople of SCOll County re,I:'iOncd t.hal if they could produce chicken feed

in Waldmn thc bencfits would bc scallcfcd all over Ihc arca, It could boost their cconom}'. create jobs and feed familic (nollo mml;on rh;rkm.s).

So. we made the loan and they builllhemill.

1997 is 0111' 40lh and it sccms as good a time as any to crow a littlc. Q\'cr thc )'c.trs Arkansas C.1pital Co'l>ornlion and ils arriliale havc committed over 107 million in 353 loans 10 somc of Arkansas' mOSI inno\'ati\'e businesses.

We've madc big loans, wc've madc small loans ;lnd wc'vc made some for nOlhing more lhan chicken feed.

225 South Pulaski Street· Little Rock. Arkansas· 72201 . 1/800/216/7237 Email usalacc@arcapita1.comor\.isitourwebsiteat\\·"·...·.arcapilal.com

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Young Lawyers Section Report

Get Involved With Your Section

by Scott Morgan

It is my pleasure to serve as Chair of the Young Lawyer's Section of the Arkansas Bar Association for the coming year.

I must first thank Price Marshall for setting an example to be followed in his service as Chair this past year. Thank you Price.

The Section will continue many of

the successful projects started in the past and attempt to implement a new project. I recently received some information

from

the

Chicago

Bar

Association on a hospice care program that that Section started. Briefiy, it would entail the Seclion having a lisl of

volunteers to assisl the legal needs of palients under hospice care that cannot afford or cannOI obtain the services of an anomey.

Ms. Jonann Roosevelt of

Little Rock is helping me with this project and we are in the very early stages but would appreciate your help and inpur on this particular program. I feel this is the type of project that is worthy of the Section's attention and efforts.

We are again concentrating on the Mentor Program which matches law students with practicing allomeys so that the students can learn about the practical aspects of the practice of law.

Ms. Kala Dean of Little Rock has agreed to head the Mentor Program and she will be seeking help from attorneys in Little Rock and Fayetteville to coordinate the activities of the Program on those campuses.

Baxter Sharp will again lead Disaster Relief. Baxter has done excellent work in the past on this project and has guided the program to the point where it will be very helpful in responding to any disasters which may occur in Arkansas. Baxter needs help, so please contact him if you are interested in helping in this project.

The Section is again sponsoring The Bridging the Gap Seminar which will be held in October in Little Rock. As you know, this is primarily for new Admittees to the Bar and Mr. Dave

Hodges of Little Rock and Mr. John Myers of Little Rock will be heading this project up. Dave was co-chair last year along with Gwendolyn Hodge and did an excellent job, and we know Dave with John's help will do the same this year.

Cindy Grace of Jonesboro will again be in charge of our newslett.er, and I would ask anyone who has any news from young lawyers 10 report it to Cindy so she can include it in the publication.

Once again the Young Lawyer's Section will panicipate in Law Day. We will be working jointly with the Arkansas Association of Legal Secretaries in sponsoring an essay contest for seventh graders on a statewide basis on what the Constitution means to

them. This past year was our first year do this and we look forward to expanding the program in the coming year. I am looking for volunteers to help in this program and I certainly would appreciate any calls from anyone who is interested.

The Section will also work with the Bar Association on the celebration of its Centennial. We stand ready, willing and able to assist Jack McNulty, the President of the Bar Association, in his effons to ensure an appropriate celebration of this important event.

As always, the Young Lawyer's Section is looking for help. If you are a young lawyer and want to get involved, please call me at (870) 534-5532 and I will put you to work.-:-

10

{part

3/

For 40 years we've been LE NO IN G small BUS IN ESSE S more than M0 N Ey. Ll STEN, we know the challenges that small businesses face. Even when the business plan is sound, it's hard to find the funding you need. We've heard it many times.

Arkansas Capital Corporation (ACe) was formed to help small businesses prosper by providing alternative funding sources. Our purpose for providing these loans is to foster a solid and diverse economic base in Arkansas. That is to say, if the loan sounds good for the State, it sounds good to us.

Of course, the first step is listening to your needs. Whether you lack working capilal, or you're ARKANSAS CAPITAL COR.PORATION

ready to add new equipment or acquire a new facility, we can help. So, we encourage you to bend our car a little.

After we've listened, we go about the business of helping )'ourbusiness by finding the right partners for your project.

One of OU1' favorite partners is the U.S. Small Business Administration. Their 504 loans are ideal for our purpose-stimulating growth.

I n fact, in 1989 we formed an affiliate, the Arkansas Certified Development Corporation for the express purpose of administering SBA 504 Loans.

But that's enough about us, let's hear a little ahollt you.

40 years later...

225 SOllih Pulaski Succt路 Lillie Rock. Arkansas路 72201 . 1/800/216/7237 Email LIS at acc@arcapital.colll or visit Ollr web silc at www.arcapital.com

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Make it easy for your colleagues to reach you and for you to reach them by making sure you are listed in the new Arkansas Bar Association Membership directory coming out in October. The directory will list members alphabetically and by town

DONALD COURT REPORTING

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showing addresses, phone (NEW AREA CODE) and fax

Springdale, Arkansas n756-1733

numbers, and E-Mail addresses. Please check the mailing label on

CEJmAED SHORTHAND MACHINE REPOKTERS

Telephone: (SOl) T»2256 Fax: (SOl) 751-9153 S£lMCES L"CLUDE

the back of this magazine. If the data is incorrect, call Barbara

-Computerized Transcription -ASCII disks • Keyword Indexing

Tarkington at 375-4606 or 800-609-5668. She can also help you with

-Compressed Transcripts • Video Depositions oConfel'l'nce Room with speaker phone -Expedited Delivery Available

member benefits and dues information. Attorneys whose mem-

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FAST, ACCURATE SERVICE SL'lCE 1981

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judicial advisory opinions/judicial disciplinary actions JrlJICIAL Am ISORY OPI"iIO'S The Judicial Advisory Opinions are written and provided by the Arkansas Judicial Ethics Advisory Commitree.

HONOR,\UL.E CHARLES A. YEARGAN

MURFREESBORO, AR The Arkansas Judicial Ethics Advisory Comminee recemly issued an advisory opinion to the Honorable Charles A. Yeargan. Circuit/Chancery Judge Ninth West Judicial District, Murfreesboro, Arkansas. He requested an advisory opinion concerning a deputy prosecuting attorney who practices in his court. The judge not only has sold his personal law office property to this deputy prosecuting attorney, but also rents office space to her, The opinion states that reasonable individuals within and without the legal community might question the impartiality of a judge who has an on-going financial relationship as landlord of one of the attorneys. The judge should minimize the potential appearance of favoritism and avoid creating an appearance of exploitalion of office. The alternative is disclosure of the relationship and the reason for the disqualification. If there is an agreement of all the parties that the judge should not be disqualified. this should then be incorporated into the record.

HONORABLE Kt\REN

CLINTON,

R. BAKER

AR

The Arkansas Judicial Ethics Advisory Comminee recently issued an advisory opinion to the Honorable Karen R. Baker, Circuit/Chancery Judge Twentieth Judicial District, Clinton, Arkansas. She requested an advisory opinion concerning prospective conduct planned during the Toad Suck Daze festival in Conway.

Arkansas. May 2-4. 1997. Periodically throughout the festival she wanted to randomly distribute to children approximately 500 eleven inch helium balloons imprinted as follows: HAPPY DAZE from Judge Karen Baker The opinion states that her campaign for election was last year and that there would be 110 overt political conduct and that there would be no solicitation of voting. The Committee assumed that she will purchase the balloons with her personal funds and

that the balloons are simply small gifts to the children. The Committee considers her proposed conduct to be appropriate as she interacts with and relates to the community in which she lives, and to be in keeping with the letter and spirit of the Arkansas Code of Judicial Conduct.

,JlIDICIH DISCIPU,\.\R\ ACTIO'S The Judicial Disciplinary Ac/ions are wrillen and provided by rhe Judicial Discipline & Disability Commission.

JUDGE FRED D. DAVIS III PINE BLUFI', AR The Arkansas Judicial Discipline & Disability Commission recently announced the filing of a Final Decision and Order with the Arkansas Supreme Court in a complaint against Judge Fred D. Davis m. Circuit/Chancery Judge in the

Eleventh Judicial District in Pine Bluff.

Arkansas.

The complaint was originally filed by Patsy ewby. It alleged that Judge Davis had caused an unreasonable delay in

deciding parts of the divorce case of Newby v. Newby. Some mailers were held without decision for almost three (3) years. Further investigation revealed that Judge Davis had not filed timely quarterly reports on cases held under advisement for more than ninety (90) days for the 2nd.

3rd. and 4th quarters of 1995. The reports were required by Arkansas Supreme Court Order.

After a Formal Disciplinary Hearing held on April 16. 1997. and approval by the full Commission, it was decided that there was unreasonable delay in deciding the case of Newby v. Newby by Judge Davis, and further, that Judge Davis was in violation of Supreme Court Administrative Order No.3 by failing to comply with the reporting guidelines.•:.

(part

4/

Is it really PO SSIB LE to do a

GOOD THING, GREAT? Ordinarily

modeslY would forbid an answer, but it iJ OUT 40th, so forgive us if we seem a bit prideful.

In 1957,ArkansasCapitai Corporation set OUt to improve Arkansas' economy by offering loans to small blll pronlising businesses in our state - businesses !.hal, for one reason or another, fell outside of most conventionalloan guidelines. By partnedng with these businesses, our illlention was not to compete with banks but to set their minds at ease.

The loans would be structured in a varicty of ways with a variety of partners. Partners including banks,

ARKANSAS CAPITAL CORPORATION

private lenders and The Small Business Administration. The reo sponsibility for these loans would fall squarely 0)1 our shoulders.

We knew that if we could encourage development and growth it would certainly be a good thing.

How have we done? 40 years later, we'd like to think we've done quite wcll. We've engineered countless loans to some of Arkansas' most innovativc businesses. Some of these businesses have gone on to become leaders in their industries.

And this stimulus has created tens of thousands ofjobs at no COStlO the Slale. Surely you'd say "greal. "

40 years later...

225 South Pulaski Street· Lillie Rock, Arkansas· 72201 . 1/800/216/7237 Email us at acc@arcapitaJ.com or visit our .....eb sile at ..... w ...... arcapi!al.com

li The lrknlll l,allW

Su~m1r

1997

topical index of advisory opinions â&#x20AC;˘ arkansas judicial ethics advisory committee This index COl'en tlie Adl1isory Opinions issued through May /997. /1 is published as a service to the bench and bar of Arkansas.

DISQUALIFICATION

Advisory Opinion 91-06-03 (press release about redislricling deci-

sion) Advisory Opinion 92-01(2) (committee authority to respond to request regarding pending motion for

recusal) Advisory Opinion 92-03 (professional relationship with allorney) Advisory Opinion 92-06 Uudge's sibling is an attorney ernployed in the litigation division of the state attorney general's office) Advisory Opinion 94-02 (election opponeIll is attorney) Advisory Opinion 94-05 (election opponent is attorney) Advisory Opinion 94-07 (election opponent is attorney) Advisory Opinion 94-08 (de minimis interest)

Advisory Opinion 95-02 (attorney shares office space with judges sibl ing) Advisory Opinion 95-06 (attorney is uncle of judges secretary) Advisory Opinion 96-06 (pending motion for recusal) Advisory Opinion 96-07 (attomey is judges court reporter's spouse) Advisory Opinion 97-03 (anomey rents office space from the

judge) CIVIC AN!) CI-JARlTt\lH F ACTIVITlPii BAR

ASSOCIATION AcnvlTlt:~

Advisory Opinion 91-05-0 I (fund-raising) Advisory Opinion 92-02 (speaking at a dinner) Advisory Opinion 92-04 (football referee) Advisory Opinion 93-0 I (advisory group for state hospital program that provides imensive care for persons who have been excused from criminal conduct by reason of mental

incapacity) Advisory Opinion 93-05 (board of directors of non-profit organization thai has contract with state)

Advisory Opinion 93-06

II IlIlr1JllillJ1l)/I

SlllIr

Ill;

(playing in band at fund-raiser) Advisory Opinion 93-08 (softball fund-raiser) Advisory Opinion 94-09 (fund-raising commitlee for local

boys/girls club) Advisory Opinion 95-03 (advisory committee of public college) Advisory Opinion 96-01 (policy and planning board for department of human services)

new courthouse and jail) Advisory Opinion 94-04 (public stand on proposed constitutional amendment) Advisory Opinion 95-0 I (letters of recommendation)

Advisory Opinion 95-05 (teaching course of paralegals) Advisory Opinion 96-03 (likeness being used in painting) Advisory Opinion 96-04 (authoring book)

Advisory Opinion 96-10 Uudge-elect serving on parks and lOurism commission) CO'1.\1I.......[[ AUTUORITY

Advisory Opinion 96-06 (pending motion for recusal) COMMUNITy ACTIVITIES

Advisory Opinion 97-02 (distributing balloons al Toad Suck Daze) Lt'TTERS Of RECO~1MENPATION;ACTING As A REfFRENCE: TESTIFYING As A

WITNESS

Advisory Opinion 97-01 (leHer of recommendation for

prospective federal judicial candidate) PERSONAL FINANCES, THE I'Rt\CTlCE OF LAW. ANn PART-TIME hmGES

Advisory Opinion 91-04-02 (service on bank's board of directors) Advisory Opinion 91-04-04 (service on bank's board of directors) Advisory Opinion 93-02 (part-time judge representing individuals where the Olher party owes an

outstanding fine the judge's court) Advisory Opinion 96-09 (practicing law after being selected for the bench: payment for work done before going on bench) PERSONAl CONDUCL SPEt:CH, ANI) ASSOCIATION

Advisory Opinion 91-06-03 (press release about redistricting deci-

sion) Advisory Opinion 93-07 (surplus campaign funds) Advisory Opinion 94-0 I (public stand on bond issue regarding

POLITICS. ELEcnONS AND CAMPAIGN FINANCE

Advisory Opinion 92-05 Uudge may attend inaugural ball for president) Advisory Opinion 93-04 (surplus campaign funds) Advisory Opinion 94-01 (public stand on bond issue regarding new courthouse and jail)

Advisory Opinion 94-04 (public sland on proposed constitutional amendment)

Advisory Opinion 94-06 (retired judge participating in political campaign) Advisory Opinion 95-04 (campaign conduct by candidate and committee)

Advisory Opinion 96-02 (time limits on soliciting campaign contributions for candidate unopposed

in primary and general election) EX-PARTE COMMUNICATIONS. CASE MANAGEMENT. ApPOINTMENTS, NEPOIIS\I AND SD\ff ISSIJt:S

Advisory Opinion 96-08 (hiring chief justice's second child) TRANS!TION To BENCH

Advisory Opinion 96-05 (deputy prosecuting attomey continuing to serve until he or she lakes

office) Advisory Opinion 96-09 (practicing law after being selected for the bench: payment for work done before going on bench) Advisory Opinion 96-10 Uudge-elect serving on parks and tourism commission)

lawyer disciplinary actions The lawyer disciplinary actions are writtell alld provided by the Supreme Caurt of Arkansas' Commillee 011 Professional CondUCl, TONA M. DEMERS NORTII LITI'LE ROCK, AR

A IcHef of reprimand was issued to Tona M. Demers for violation of Model Rule 5.5(a) upon the Complaint Before the Committee.

This Rule slates, in part, that a lawyer shall not practice law in a jurisdiction where doing so violates Ihe regulation of lhe legal profession in that jurisdiction.

As of June 30, 1995, Demers had failed to obtain the minimum twelve (12) hours of Continuing Legal Education (CLE). Demers then filed an acknowledgment of deficiency and paid a fee of $100. That acknowledgment gave Demers until December I, 1995, to cure the deficiency. Demers failed to obtain the necessary CLE hours by December I. Subsequently, Demers submitted the necessary CLE hours to cure the deficiency but failed to provide an additional lat.e filing fee of $100.

At a meeting of the Arkansas Continuing Legal Education Board in March 1996.

Demers was suspended for failing to obtain the necessary CLE hours and cure the deficiency pursuant to the eLE rules. Thereafter, the additional late fee was paid which, along with the reported hours, brought Demers current for the reporting period ending June 30, 1995.

Demers then filed a Petition for Reinstat.ement and Stay of Suspension in April, 1996. On April 22, 1996, the Chair of the CLE Board granted a stay of the suspension pending a hearing on the Petition for Reinst.atement. In June 1996, at its regularly scheduled meeting, the CLE Board withdrew the stay of suspension but granted Demers reinstatement contingent upon payment of the reinstatement fee of $250 being paid to the Bar of Arkansas. The $250 reinstatement fee was not paid.

After the stay was withdrawn, Demers represented a party on appeal in the Arkansas Supreme Court. On July 18, 1996, Demers filed a Petition for Rehearing with the Supreme Court Clerk. Additionally, Demers represented a party in the Pulaski County Chancery Coun. A hearing in that matter was set for August 19, 1996.

For her response, she stated that the leiter from the Office of Professional Programs notifying her of her suspension was unclear. She assened that she did not understand the phrase Hretumed to a state of suspension." Demers attributed this to her distraction because her daughter had been hospitalized around that time. Demers also stated that she was being penalized because she was poor and that her lack of funds started the entire situation - lack

of funds to get the CLE, lack of funds to pay the late fee, and lack of funds for paying the additional late fee. As a result of the lack of funds she could not pay the $250 reinstatement fee. Demers asserted thai she did not charge a fee for filing the Petition for Review with the Arkansas Supreme Coun as the party involved was a personal friend of her family. In regard to the matter in the Pulaski County Chancery COllrt, Demers stated lhat the person involved was also a friend of her family. She stated that even if she understood that she was not to practice law until the $250 reinstatement fee was paid, she still would have filed the Petition with the Clerk because it was a meritorious cause.

JOHN BISCOE BINGHAM NORTH LITTLE ROCK, AR

A letter of reprimand was issued to John Biscoe Bingham for the violation of Model Rules 3.3(a) (4), 8.4(c) upon the complaint filed by Charles Pfiester. These Rules slate, in pan, that a lawyer shall not knowingly offer evidence that the lawyer knows 10 be false. If a lawyer has offered malerial evidence and comes to know of its falsity. the lawyer shall take reasonable remedial measures; a lawyer shall not violate or allempt 10 violate the rules of professional conducl, knowingly assisl or induce another 10 do so, or do so through the acts of another; and, a lawyer shall not engage in conduci involving dishonesly, fraud, deceit or misrepresentation.

Bingham was called to testify in a hearing before the Arkansas Beverage Control Board (ABC Board) on December 13,1995, in a matter involving the application for a private club alcohol permit to Ebb Tide Hunting and Recreation Club. Inc. (Ebb Tide). Presented along with the application for Ihe pennit were the minutes of Ihe meetings of the corporate board of direclors for the year prior 10 application. The minutes reflecled that from Augusl 1994 through June 1995 Bingham was Secretary{freasurer of Ebb Tide and were signed by him in that connection. In his testimony before the ABC Board, he admitted that he was one of Ihe three directors of Ebb Tide on the dates reflecled in the minutes included in the application. Bingham denied that the signature on Ihe application was his as he did not prepare the minutes. He teslified that the minutes had been prepared by the attorney for the Ebb Tide, Stephen Morley, and that he had consented to his signing his name. Bingham testified further that he did not recall whether he allended meetings on the dates contained in the minules but that he consulted daily with the other direclors. Bingham was questioned whether he knew or had met Mary Pascuito, the managing agent of Ozark Diners Club,

which was doing business under the name for Ebb Tide, the parent company. Bingham staled that he did nol.

For his response, he stated that he was the owner of a non-profit corporation, Ebb Tide Hunting and Recreation Club. Inc. Ebb Tide was granted a Certificate of Incorporation on July 13, 1992. Ebb Tide remained inactive until Bingham was contacted in Mayor June 1994 by Stephen Morley. an attomey in Nonh Little Rock. Mr. Morley inquired whether Bingham had a non-profit corporation which had been in existence for more than one year.

Bingham infonned Mr. Morley that he did have Ebb Tide which was not being used.

July 1995, From Mayor June 1994 Bingham was informed by Mr. Morley Ihat he was going to use the Ebb Tide Corporation for a private club application. In July or August 1995 Bingham received a telephone call from Mr. Morley who advised him that he was preparing standard minutes showing monthly meetings for the previous twelve months as required by the ABC. Bingham did nOI confer about the contents or dates shown but was informed thaI the minutes were standard.

Bingham remained as a direclOr of Ebb Tide until July 15, 1995,when he and the two other directors resigned. Mary Pascuito was then named president of Ebb Tide.

Bingham stated that in prior representation of applicants before the ABC that he was advised that the A BC did not review the contents of the minutes for accuracy but Ihat they were only a formality of the application process pursuant to the instructions of the ABC. He stated thai he lestified truthfully to the ABC Board and asserted that the alleged inaccuracy of the minutes filed with the private club application was not even considered by the ABC Board.

'0

GEORGE

J.

STONE

JASI'ER, AR

A letter of reprimand was issued to George J. Stone for the violation of Model Rules 3.4(c), 5.I(b) and 8.4(d) as a result of a Per Curiam from the Arkansas Supreme Court, appellant Rodney Bragg. These Rules state, in part, Ihat a lawyer shall not knowingly disobey an obligation under Ihe rules of a tribunal except for an open refusal based on an assertion thai no valid obligation exisls; it is professional misconducl for a lawyer to engage in conduct involving dishonesty, fraud, deceit or misrepresentation; and, it is professional misconduct for a lawyer to engage in conduct that is prejudicial to the administration of justice.

On April 24, 1995, Stone's firsl MOlion for Rule on the Clerk was denied by the Court.

Following this denial, he took no aClion to make cenain that Mr. Nomlan's brief would be

li

n1 lrtansas Latr)er

Sommer 199i

lawyer disciplinary actions filed. In February of 1996, Stone was sent notice that an Order 10 Show Cause had been issued and a hearing set. At the hearing on February 12, 1996, he was directed to file the brief within forty days. At thai show cause hearing, he pled guilty to contempt, but assured the Justices thai the brief would be filed on or before March 23, 1996. He did nOl file the brief on lime. Two days after the brief was duc. Stone filed a Motion asking for additional time in which to file the brief because he had been suspended for a deficiency in his Continuing Legal Education requirements.

The Court granted his Motion but he still failed to file the brief. Once again he was ordered to appear before the Court. He did not appear at the appointed lime. Stone offered no valid reason for his failure to comply with the Court's directives. He did explain to the Court that he disliked his client so much that it was difficult to prepare a brief. During this same proceeding before the Court, Stone told the Justices that he had never been sanctioned by this Commillee in any matter involving Mr. Nonnan. Stone's assertion to the Court was not true. tn fact, Stone signed for the notice of sanction himself when il was sent to him. The Supreme Court was required to appoint anoth~

er allomey to protect Mr. Nonnan's appeal rights because Stone never filed an appeal on Mr. Norman's behalf.

In his one page response to the Committee, he admitted violation of Model Rule 3.4(c) but denied violating Model Rule 8.4(c) and Model Rule 8.4(d). He closed by requesting that the Complaint be dismissed.

CHARLES

L. HONEY, JR.

PRESCOTT, AR

Charles L. Honey, Jr., was issued a letter of caution for violation of Model Rules 1.3, 3.4(c), 5.I(b) and 8.4(d) as a result of a Per Curiam from the Arkansas Supreme Court, appellant Rodney Bragg. These Rules state, in part, that a lawyer shall act with reasonable diligence and promptness in representing a client; a lawyer shall not knowingly disobey an obligation under the rules of a tribunal except for an open refusal based on an assertion that no valid obligation exists; a lawyer having direct supervisory authority over another lawyer shall make reasonable efforts to ensure that the other lawyer conforms to thc rules of professional conduct; and, a lawyer shall not engage in conduct that is prejudicial to the administration of justice.

The allegations in this complaint arise out of a "Motion to File Belated Brief' which Honey filed in the Arkansas Supreme Court on behalf of the appellant, Rodney Bragg. The facts set forth in his motion aver that on August 12, 1996, the original brief was filed.

The State moved, on August 29, 1996, that the appellant be directed to abstract the record in compliance with Supreme Court Rule 4~3(h).

The Court, upon granting the motion, gave Honey until October 26, 1996, within which to comply. However, nothing was submitted by October 26. Thereafter, on December 30, 1996, he filed a Motion For Belated Brief and requested an additional extension of ninety days from that dale to file the corrected brief.

For grounds for the relief sought, his Motion asserted that the person who was handling the appeal for Mr. Bragg had left his firm's employ and he was unaware of any problem with the appeal until December 17, 1996.

Further, he asserted his heavy workload as justification for the requested extension. The Court found that non-compliance with the October deadline was not justified merely on the fact that some other person in his finn was handling the appeal. Likewise, a crowded work schedule was not viewed as a sufficient

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lawyer disciplinary actions basis (0 extend the filing dale by ninety days and the Court granted thirty days.

In addition to the matters asserted in his Motion for Belated Brief, his Response to the complaint averred that the attorney assigned to this case left the finn September 1, 1996. and the

case was reassigned

10

a paralegal who became

seriously ill and failed to meet the deadline. He then sought and was granted an additional

amount of lime to perfect this appeal LAURA

J.

McKINNON

FAYETIEVILLE, AR

A letter of caution was issued 10 Laura J. McKinnon for the violation of Model Rules 5.l(b) and 5.l(c) upon the complaint filed by DonaJd C. Donner. These Rules state, in part, that a lawyer having direct supervisory authority over another lawyer shall make reasonable efforts to ensure that Ihe other lawyer conforms to the rules of professional conduct; and, a lawyer shall be responsible for another lawyer's violation of the rules of professional conduct if the lawyer orders, or, with knowledge of the specific conduct, ratifies the conduct involved.

Mr. Donner represented Genene Ray in a malpractice action that she filed against McKinnon and her law finn. According to the information contained in the affidavit, Ms. Ray had hired an associ ale of McKinnon's law finn to represent her in a municipal court civil mailer. McKinnon is the supervising allomey of the law firm bearing her name.

The associate, Nolen Michael Yarbrough, left the employ of McKinnon's law firm during the time Ms. Ray's action was pending in Municipal Court. The notice of trial setting was sent to McKinnon's law finn but no one appeared on Ms. Ray's behalf. After she received a copy of the Judgment entered against Ms. Ray, McKinnon wrote her a leiter in which she denied that her firm had ever represented her. Although McKinnon did not acknowledge responsibility, she did seule the malpractice action filed against her.

She explained in her response that her law firm does not accept cases involving municipal court litigation. As such, Ms. Ray's case would not have been undertaken by her law finn. She did acknowledge Ihal she had employed Mr. Yarbrough at the law firm for one year. It was she who filed a general Answer and Counterclaim on Ms. Ray's behalf. She did this after finding a photocopy of the complaint filed against Ms. Ray in Mr. Yarbrough's office after he left her employ.

McKinnon advised Mr. Yarbrough of lhis action and forwarded all documents related thereto to him. McKinnon's belief was lhat Mr. Yarbrough would file a Motion to Wilhdraw to resolve this issue. McKinnon averred that she settled the malpractice claim to avoid having to hire an attorney and because she believed it to be a good business decision.

SAM WHITFIELD, JR. HELENA,AR

A letter of caution was issued fO Sam Whitfield, Jr., for the violation of Model Rule 4.2 upon the complaint filed by Shane Perry. This Rule states, in part, thaf in representing a client, a lawyer shall nOI communicate about the subject of the representation with a party the lawyer knows to be represen!ed by another lawyer in the matter, unJess the lawyer has the consent of the other lawyer or is authorized by law 10 do so.

Ln his affidavit provided pursuant to Model Rule 8.3, Mr. Perry stated that in June 1994 he filed a Complain! for Declaratory and Injunctive Relief. The action challenged the at-large syslem for electing Helena City Council members and named the individual Council members as defendants. On July 26,1995, Mr. Perry filed his Entry of Appearance on behalf of all the d.efendants.

When Whitfield fi.led his Motion For Summary Judgment on August 12, 1996, he attached the affidavits of two of Mr. Perry's clients. The affidavits concerned past actions or inaction by the Council relating to a change in the electoral system for council members. According 10 Mr. Perry, these affidavits were procured by Whitfield without his knowledge or pennission and subsequent to his notice of his representative of the affiants.

He then filed a Motion To Strike Affidavits. It was never necessary to obtain a ruling on the motion because Whitfield filed a motion withdrawing the affidavits from consider路 alion.

Whitfield's affidavit of response denied a violation of the Model Rules but admitted communicating for the limited purpose of learning what the city council members did prior to initiation of the lawsuil. He denied communicating with them about the subject of the representation.

JEAN M. MADDEN LITTLE ROCK, AR

A letter of caution was issued to Jean M. Madden for Ihe violation of Model Rule 1.1 upon lhe complaint filed by Marilyn Jackson-Theus.

This Rule states, in part. that a lawyer shall provide compelent representation to a client.

Competent representation requires the legal knowledge, skill, Ihoroughness and preparation reasonably necessary for the representation.

The Complainant alleges that she hired Madden in 1991 to file a Chapter 13 bankruptcy on her behalf. Among her debts was a guaranteed student loan which she alleges Madden assured her would be discharged. Following her discharge from bankruptcy on April 6, 1995, complainant began receiving nOlices that her pay~ menlS were due on the studenl loan. Although she explained that she had this debt discharged, the creditor told her that student loans were not dischargable. When Ms. Jackson-Theus called Madden's office, she was assured that she had

nothing to worry about. When she continued receiving collection leners, Madden wrote to the loan servicing center and explained that the loan had been discharged. Every subsequent inquiry

by Ms. Jackson-Theus with employees of Madden's finn was met by reassurance that the debl was discharged. Subsequently, it was decided that Ms. Jackson-Theus would meet wilh Madden's paralegal to discuss how to defend against paying the loan. However, upon her arrival in Little Rock, she was unable to meet with this person and he failed to return any of her three messages. When Madden's client returned to her home, she tenninated the representation.

According to Ms. Jackson-Theus, she then learned that such loans are nOI dischargeable. As a result of the above mentioned facls her original monthly payment has doubled because of the additionaJ interesl accrued during the several years that she believed no paymenls were due and remitted none.

Madden stated in her response that Ihe applicable law regarding student loans changed in 1990. While unable to recall the speci.fics of this client's intake interview, it was Madden's practice (0 explain that the protection offered by the Bankruptcy Court was during the life of the Chapler 13 plan. Once the plan was completed, collection would begin. Madden did nOl recall ever discussing the student loan during the life of the plan. Madden's client's secured debts were paid with her disposable income and the general unsecured debts were discharged. Madden stated that the discharge order clearly set forth that the student loan was not discharged. However, Ms. Jackson-Theus obtained a prinloul from the trustee's office showing the debt was discharged.

When she infoffiled Madden of such, Madden spontaneously responded Ihat the debt surely must be discharged. A few weeks later Madden's client again called and Madden told her that the debt was probably not discharged, but thai she would write a letter to the collection agency although it may not cause them 10 stop their collection efforts. Madden stated in conclusion that, while she regrels the misunderstanding, she does not believe Ms. Jackson-Theus was misinfonned.

Accompanying her response was an affidavit from an atlomey al the Trustee's Office which averred, among other things, that the notation "Student Loan-Dischar." on the printout is of no legal significance and does not indicate whether Ihe debt will be discharged.

SHEILA

P.

L1TILE

ROCK, AR

CAMPBELL

A leller of caUlion was issued to Sheila P. Campbell for the violation of Model Rules 1.1, 1.3, and 1.4(a) upon the complaint filed by Barbara Island. These Rules state, in part, Ihat a lawyer shall provide competent representation to a client; a lawyer shall act with reasonable dili-

19

ne Arkansas La"Ier

80mmrr 1997

lawyer disciplinary actions gence and promptness in representing a client; and, a lawyer shall keep a client reasonably infonned about the status of a mailer and promptly comply with reasonable requests for infonnation.

According to Ms. Island, she retained Campbell in November 1994 to pursue a medical malpractice action on her behalf. Ms. Island maintained that Campbell agreed to represent her on a 1/3 contingent fee bUI a written contract was not executed. The complainant provided Campbell all the case related papers in her possession. She next heard from Campbell in December 1994 when Campbell telephoned to advise that the legal mailer needed to get started so the time limitation would not expire. Ms. Island had no further communication from Campbell's office until on or about July 14, 1995, when she executed an authorization for release of medical records. One week later, Campbell filed a Complaint on Ms. Island's behalf in Federal Court. In the Complaint, CampbeU named five specific defendants and asserted two John Doe defendants. The Clerk's Docket entries established that there was never any service made on any defendant. Almost two months after Campbell filed the lawsuit, Judge Howard entered an Order advising that the complaint would be dismissed if an amended complaint was not filed. Since there was a lack of complete diversity, there was a lack of subject matter jurisdiction, so Ms. Island's lawsuit was filed in the wrong forum. Even after receiving this Order, Campbell took no action, resulting in dismissal of Ms. Island's complaint. The Order of Dismissal was entered on October 5, 1995, with no notice to Ms. Island. Ms. Island believed Campbell was pursuing these mailers on her behalf, until she spoke with her on June 9, 1996. In that conversation, Ms. Island learned for the first time that Campbell did not believe she could assist her. Ms. Island's first notice of the dismjssal was eight months after the dismissal when Canlpbell sent her the contents of her file.

Campbell advised Ms. Island that she had until October of 1996 to re-file her claims.

However, since the law required filing and service of the defendants, it appears Campbell's lack of attempted service resulted in the statute of limitations not being tolled, so Ms. Island has lost her right to seek any relief or remedy which might have been available to her.

According to Campbell's response, Ms. Island did not retain her services until July 14, 1995, on which date she executed a medical authorization and a written fee agreement.

Campbell immediately obtained the records, from her physicians, to review in order to detennine whether Ms. Island had a claim for medical negligence. Campbell filed the law-

suit in federal court under diversity of citizenship since one of the physicians named as a defendant resided in Texas. Campbell asserted that when she received a medical opinion from Dr. Worthie R. Springer, Jr., in August of 1995, she advised Ms. Island of his opinion that she had no claim. Campbell also averred that she advised Ms. Island that she was going to dismiss the Complaint and that she would have one year to refile the Complaint. Further, Campbell stated that during the conversation, she was advised by Ms. Island that she would contact her in a few days to advise of her forwarding address but she never did so.

Although Campbell asserted that she did not receive any forwarding address until June of 1996, the address she sent the file to in June of 1996, is the same address that appears on the Medical Authorization from July of 1995.

Campbell acknowledged that she received the Court's notice. She also stated that it is still her understanding that Ms. Island could refile her complaint within one year after dismissal because the suit had been commenced and then dismissed for lack of subject mailer jurisdiction. According 10 Campbell, she made every effort 10 preserve Ms. Island's "alleged" complaint.

Upon their verified petitions for voluntary lransfer to inactive stat.us, the following named allomeys were placed on voluntary inactive status by the Committee during April 1997: Brian Wolfman and James P. O'Connor.

STEPHEN

E.

MORLEY

NORTH LITTLE ROCK, AR

A letter of caution was issued to Stephen E. Morley for the violation of Model Rules 3.3(a) (4), 8.4(a) and 8.4(c) UpOIl the complaint filed

by Charles E. Pfiester. These Rules state, in part, that a lawyer shall not knowingly offer evidence that the lawyer knows to be false. If a lawyer has offered material evidence and comes to know of its falsity, the lawyer shall take reasonable remedial measures; a lawyer shall not violate or attempt to violate the rules of professional conduct, knowingly assist or induce another to do so, or do so through the acts of another; and, a lawyer shall nol engage in conduct involving dishonesty, fraud, deceit or misrepresentation.

In 1995, Morley represented Ebb Tide Hunting and Recreation Club, Inc. ("Ebb Tide"), doing business as Ozark Diner's Club, and through its managing agent, Mary Pascuito, in its effort to obtain a private club alcohol pennit, submitted a veri.fied application on August 8, 1995, with the Arkansas Beverage Control Board. ("ABC Board").

Contained in Ihe application were minules of the Ebb Tide corporate meetings and pho~

tographs of the premises in which the private club was to be located. A group opposing the issuance of the pemlit was represented by Charles Pfiester. A hearing on the matter was held on December 13, 1995. Called as witnesses were John Biscoe Bingham, attorney at law, and Mary Pascuito.

Mr. Bingham testified that he was one of the three directors of Ebb Tide and served as secretary/treasurer on the dates reflected in the minutes auached to Ebb Tide's application.

Mr. Bingham stated that the minutes were not prepared by him and did not bear his signature.

The signatures appearing on the minutes had been placed there by Morley with his consent.

Mr. Bingham testified that he did not recall whether he attended meetings on the dates listed in the minutes or not. Further, Mr. Bingham stated that he had never met Mary Pascuito.

Attached to the pennit application were photographs of the location of the business.

The photographs had white tape placed on them so as to obscure a sign attached to the building which contained the words: "Attn Members & Guests, Tally-Ho n, Restaurant and Lounge, 259-5212." The use of the words "Restaurant and Lounge" is nonconfonning to the ABC regulations.

Mary Pascuito, the applicant, was called to testify and asked about the use of tape on the photographs. Ms. Pascuito testified that she did not attach the photographs to the application but merely signed the application which had been prepared by Morley.

For his response, Morley admitted that he inquired of Mr. Bingham whether he had a non-profit corporation which had been in existence for a period of more than one year. From May 199410 July 1995 Morley staled Ihal he maintajned regular contact with Mr. Binghanl about the status of Ebb Tide. tn Mayor June of 1995, Morleys clients obtained an option to lease a suitable premise in Mountain View.

Morley then contacted Mr. Bingham and infonned him that he prepared pro fonna minutes of Ebb Tide. Morley read the contents of the minutes to Mr. Bingham and asked him if he wanted to sign them but that he consented to Morleys signing his name for him. On July 15, 1995, Mr. Bingham and the two other directors resigned as directors of Ebb Tide and Ms. Pascuito was named president of the corporation. The application was then filed with the ABC Board on August 8, 1995.

Morley stated thai the application for a permit includes several separate documents: Schedule A, to be completed by the managing agent; authority to release infomlation fonn; pro fonna minutes of meetings for the preceding twelve months; a lease; membership list; and three pictures of the premises. Morley

]

lawyer disciplinary actions sent Ms. Pascuito the Schedule A and author-

ity to release personal information. Morley assisted Ms. Pascuilo in submitting the package which included the minutes and photographs. Regarding the pholOgraphs, Morley sialed that he had no personal knowledge of who look the pictures or whether they accu-

rately depict the proposed QUilet.

GUY S.

LONG

CONWAY, AR

A leller of caution was issued 10 Guy S. Long for the violation of Model Rules 1.3 and 8.4(d) upon the complaint filed by Ruth Ann

Perryman. These Rules state, in part, thai a lawyer shall act with reasonable diligence and promptness in representing a client and that a lawyer shall not engage in conduct that is prejudicial 10 the administration of justice.

In her complaint and in her testimony, Ms. Perryman stated Ihat she hired Long to represent her in an attempt to obtain grandparent's visitation. As the divorce decree was from a foreign state, a Petition 10 Register a Foreign Decree was filed along with a Petition to Establish Grandparent's Visitation on April 27. 1995.

A MOlion to Dismiss the pelilion was filed on May II. Ms. Perryman teslified thai she was infonned by Long 10 appear in Ihe Mississippi County Chancery Court on June 9 for a hearing. Ms. Perryman slaled that she was later infonned by Long that the opposing counsel had a connict wilh the hearing date and that the maller would be heard on June 23. Ms. Perryman testified that she appeared on June 23, 1995, along wilh opposing counsel and the opposing pany but thai Long was not present. The judge's nOtes renect thai the mailer was continued 10 June 30, 1995. Ms. Perryman testified that she went to Long's office on June 29, 1995, to discuss her upcoming coun maller, bUI was advised by his secretary that he would be oul of lown and not at the hearing. either Long nor Ms. Perryman appeared at the June 30, 1995, hearing and the judge entered an order to Show Cause. A copy of the Order was served upon him and was (0 be sufficient notice to Ms. Perryman of the hearing on July 14, 1995. Ms. Perryman testified that both of them appeared in coun on July 14, 1995, and that her matter was not heard by the coun as he did not have an Order ready pennitting registralion of the foreign divorce decree which was the basis for Ms. Perryman's visilation request. Ms. Perryman stated that following the hearing she contacted the presiding judge for assistance in getting her matter heard. Ms. Perryman teslified that the presiding judge senl a leiter to all panies suggesting Augusl 4 as the dale for hearing. On August

3, 1995. Long filed a Response to the MOlion 10 Dismiss. Ms. Perryman slated Ihat Long appeared for the August 4 hearing but thai he was not ready to proceed. The Coun then set the mailer for Augusl 18, 1995. The Order pennitting registration of the foreign divorce decree was entered on August 15, 1995. A hearing was Ihen held on August 18, 1995, and Ms. Perryman was gran led grandparent's visitation.

Following the hearing, Ms. Perryman testified that Long left Arkansas for Texas. The Order containing the Court's ruling was not entered until September 27, 1995. The Order, prepared by opposing counsel, conlained an incorrect hearing date, had anOlher chancellor presiding, and was presented to the other chancellor for signalure.

Since Long did not review the document prior to submission to the chancellor, lhe Order was signed and filed.

In his response to the complaiIll and in his lestimony, Long lestified thai he tiled a Petition to Establish Grandparent's Visitation and Petition to Register Foreign Judgment in a timely manner on April 27, 1995. Long denied thai he received nOlice of any hearing in lhis mailer prior 10 the notice of lhe July 14 hearing. Long also denied lhat he infonned Ms. Perryman of any June court date. In fact, Long lestified that he never requested any hearing date. He stated to the Committee that the mailer was concluded in a four (4) month period and that lhere was no diligence problem.

According 10 his lestimony, the Response to lhe Motion to Dismiss was filed three momhs after lhe MOlion had been tiled because he believed that the mailer would be uncontested. This was done despite the requiremenl of the Arkansas Rules of Civil Procedure requiring a response within 10 days of service of the Motion.

Long teslified that he moved from Arkansas to Texas on August 19, 1995, and stated lhat he was no longer Ms. Perryman's attorney after lhe August 18, 1995. hearing.

He admiued that he did have a continuing obligation to ensure that lhe Coun's order properly renected lhe Court's ruling. but he did not fulfill this obligation. According to his lestimony, a copy of the proposed order was not forwarded 10 him for his review despite the fact that opposing counsel had his address; however. neither did he take it upon himself to ensure lhe accuracy of the order.

DAVID CHARLES McMAHAN

CAMDEN,AR

A letter of suspension was issued 10 David Charles McMahan for violation of Model Rule 8.4(b) upon the complaiJ1l before the Commiuee. This Rule states that a lawyer shall not commit a criminal act that renects

adversely on the lawyer's honesty, trustworthiness or filness as a lawyer in olher respects.

On July 26, 1995, McMahan was arresled in Ouachita County, Arkansas. At the time of his arrest, he was in possession of one (I) gram of crystal methamphetamine.

Thereafter, on December 7, 1995, a felony infomlation was filed charging him with violation of Section 5-64-101 of the Arkansas Code Annotated. This charge was a Class Felony which is punishable by imprisonment in the Arkansas Department of Corrections for 3-10 years, and/or a fine nol to exceed $10,000. The Probable Cause Affidavit was also flxed on December 7, 1995. lneluded in the affidavit is an explanation of how he met with a confidential infonnant at his office and requesled that the infonnant obtain one (I) gram of crystal methamphetamine for him.

When he returned from Coun around noon on July 26, 1995, McMahan instructed the informant to wail until he completed some e1ient matters and Ihen he would complele the deal with him. He and the informant Ihen went to his car and he was given the crystal methamphetamine. McMahan lold the infonnant that he had to go to the bank 10 obtain lhe money to pay for the drugs. He was arrested on his way 10 the bank. A statement was provided

by McMahan 10 the Deputy Prosecuting Attorney on the day he was arrested. In this statement, he explained that he was going to be honest because it was not against the law "to use the Sluff, ii'S against the law to possess it." He, thereafter, appeared before Circuit Judge Larry Chandler on July 8. 1996, and submitted a written plea agreement 10 him.

Pursuant to this plea agreement, Judge Chandler accepted his plea of guilty but did not make a finding of guilt. Based upon his admission of guilt, he was placed on probation for nOl less than a year. He was ordered to continue psychiatric treatment, to comply with all treatment plans and recommendalions of a mental health expen, and to be lested for drugs on a random basis.

In his response he admilled that the allegations concerning his illegal drug usage and his arrest were accurate. According to him, he immediately resigned as public defender following his arrest. He also admitted appearing before Judge Chandler to admit his guill to the offense of possession of crystal methamphetamine.

Pursuant to Arkansas Code Annotated Section 5-64-407, Judge Chandler accepted his plea of guilty but made no finding of guilt. No judgment of conviction was entered. In his Response, he also assened that he had been drug free since his arrest on July 26, 1995. He also explained that he had been under the care of Chester Jenkins, M.D., since April 9, 1996. He provided a statement of Dr.

H TIe ,Irklllal La"fer SOlin 199i

lawyer disciplinary actions Jenkins with his response. According to his affidavit. he appeared and submitted to a random drug screen in October of 1996. The results of that screen were negative. He asserted his belief that his depression is under control and that he is healthy now. An admission was made by McMahan that his use and possession of illegal drugs constituled"a criminaJ act that renects adversely on (a) lawyer's ...fitness as a lawyer.. :' in violation of Model Rule 8.4(b). He conceded that some disciplinary action is appropriate but urged that a sanction short of a suspension of his license be imposed. He c10scd his response by stating that he was certain the difficullies of 1995 would not occur again.

At the Commillee's request. an evidentiary hearing was conducted in this mailer on March 22. 1997. McMahan's complete medical filc from Dr. Chester Jenkins was provided by him and presented to the Committee. In addition, a statement prepared by his probation officer conceming three random drug screens was provided. This statcment set out tlmt he tested negative for THC/marijuana. cocaine. amphetamines. and alcohol. Testimony was elicited at this hearing from David BUllet. Deputy Prosecllting Allomey. and Andrew Clements, his probation officer.

TIMOTHV O. WtLLlAMS CONWAY, AR

A leller of reprimand was issued 10 Timothy D. Williams for the violation of Model Rules 1.4(a). 8.4(c) and 1.15(b) upon the complaint filed by Griffin J. Stockley. These Rules state, in pan. Ihat a lawyer shall keep a client rea~ son ably informed about the status of a mailer and promptly comply with reasonable requests for information; a lawyer shall promptly notify a client upon rcceiving funds in which a client has an interest; and, a lawyer shall nOI engage in conduct involving misrepresentation.

Mr. Stockley's affidavit and his teslimony explained Ihat in his employment as staff allorney for Central Arkansas Legal Services (CALS) he was given a case file involving Helen Thompson. Ms. Thompson had been accepted as a c1iem of CALS when she was sued for divorce. CALS referred the case to Williams. Pursuant 10 his agreement with CALS. he agreed to represent Ms. Thompson in her divorce action without charging her a fee. On July 23. 1992. a divorce decree was entered in Ms. Thompson's divorce proceed~ ing. The Decree provided for the sale of the marital home with the proceeds 10 be divided equally between Ms. Thompson and her exhusband. Williams was awarded an attorney's fee 10 be paid by Ms. Thompson's ex-husband.

His acceptance of Ms. Thompson as a pro

bono client prevented him from recovering an attorney's fee from her. The marital home was Mr. Stockley sold 011 August 5, 1992. reviewed the Chancery Court records after learning that Ms. Thompson had not received any funds from the sale of the marilal home.

The closing papers from the sale of the marital home established that his $2.000 court awarded anorney's fee was deducted from the gross proceeds of the sale of the marital home.

Because of the deduction being from the gross proceeds. he actually recovered $1,000 of his court-awarded fee from his pro bono client.

Ms. Thompson. $2.143.23 was the amount of the nel proceeds from the sale of the marilal home. These proceeds were 10 be divided equally between Ms. Thompson and her exhusband. pursuant to the Divorce Decree. Ms. Thompson bad never received an explanation of what happened 10 the proceeds. nor has she ever received any of the funds. Various representatives of CALS contacted Williams about this mailer. but he never responded to them. nor did he ever contact Ms. Thompson aboul these issues. Mr. StockJey also offered teslimony Ihat Williams contacled him after he was served with the complaint. In Williams' conversation with Mr. Stockley. he offered to pay Ms. Thompson what she believed she was owed. if the complaint was withdrawn.

According to Mr. Stocklcy, Ms. Thompson never received any funds from Williams after it was learned that the complaint could not be withdrawn at that stage of (he proceedings.

In his wril.len response. Williams acknowledged Lhat the Court awarded him a fee of $2.000. He asserted thai Ms. Thompson granted him 'lUlhorization to recover his fee from the proceeds of the sale of the marital property. He also pointed out that his fees were discounted for less than the amount due.

According 10 him, he represented Ms. Thompson on other legal malleI'S. in addition to Ihe divorce aClion which was Ihe only one referred by CALS as a pro bono representation. He further explained thai Ms. Thompson had never made any claim with him about these proceeds. Then. in his testimony before the Committee, he explained Ihat he was in a position financially to send Ms. Thompson the funds which he believed were owed to her.

His testimony was also that Ms. Thompson encouraged her 10 receive his fee from the proceeds of the home. He provided copies of correspondence sem to Ms. Thompson in which he asserted that Ms. Thompson was awarc of the sale and the use of the proceeds.

In response to his assertions. Ms. Thompson filed all affidavit selling oul that she did not agree to lei him take his fee from funds due her. In addition, Ms. Thompson cxplained that she had contacted him 10 delcrmine why she

had not received any money following the sale of the home but she never received a response.

Ms. Thompson slated that at no time did she ever advise him that he could recover his fee from the funds due her.

CARROLL

P.

CIIRISTlt\N

AR A lettcr of suspension was issued to Carroll P. Christian for the violation of Model Rule 1.15(b) upon the complainl of Roy Gene Sanders. This Rule states, in part, that upon receiving funds in which a third person has an interest. a lawyer shall promptly deliver to the third person any funds that thecliem is entitled to receive.

Christian represenled Belinda Hankins in a personal injury mailer. Ms. Hankins was insured by Shelter Insurance which paid her $5.000.00 under the terms of her insurance policy. Shelter Insurance, through its attorney Roy Gene Sanders, notified all parties of its subrogalion interests on July 14. 1994. On Seplember 24, 1996. senlement was made and a check in the amount of $15.000.00 was issued to Ms. Hankins. c.P. Christian, her attorney. and Sheller Insurance. Chrislian received the check and had it delivered to Mr. Sanders for his endorsement.

Following endorsement by Mr. Sanders. the check was returned to Christian. On October 31. 1996, November 7. 1996. and November 14. 1996. letters were sent to him by Mr. Sanders' fiml requcsting that he make payment of Ihe $5.000.00 to Mr. Sanders' fiml. As of May 16, 1997. payment of the subrogation interesls had not been made.

Christian appeared before the Committee and admitted that he did not return Shelter Insurance Company's subrogation in a prompt manner. He stated thaI he was having federal tax problems which resulted in the Internal Revenue Service satisfying their lien against him. He apologized to Ihe Comrninee and assured it that Shelter's subrogalion interests would be paid in the week following the May 16. 1997. hearing.

JACKSONVILI.E,

PERVIS MICHAEL REI)OE:\,

CHESAPEAKE, VA

A leuer or suspension was issued to Pervis Michael Redden for the violation of Model Rules I. I5(a) and 8.4(c) upon the Complaint Before the Committee. These Rules state. in part. that a lawyer shall hold property of clients or third persons that is in a lawyer's possession in conneclion wilh a representation separate frOIll the lawyer's own property; and, a lawyer shall not engage in conduct involving dishonesty. fraud. deceit or misrepreSelllaiion.

From infonnation coming 10 the aHention of the Commillee. an audit of his auorney truSt

.1

lawyer disciplinary actions account for the period of time from January 1995 to December 1995 was conducted. The information gathered from those records resulted in a Complaint Before the Committee.

The audit revealed his property being commingled with that of his clients on numerous occasions. Additionally, there were six (6) client settlement amounts placed in his trust account.

A review of his records demonstrates Ihat prior

10 all client funds being paid out of his account on their behalf, the balances fell below the minimum that should have been present.

Further, there were numerous, al least sixtytwo (62), occasions when trust account checks were written for his personal use or expenditures. There were 108 checks written on this trust account for the period of time reviewed.

None of the 108 checks were wrillen for attorney's fees to him despite various deposits for fees from clients being made into the account.

His response began with an admission that there were sixty-two (62) checks written for personal use. Although he stated that he did not intend [0 write them for improper purposes, he acknowledged that a more clear identity should have been kept in the account. He also asserted that he did not intend [0 commingle funds or convert what did not belong to him.

In that regard, he averred Ihat he stood ready to pay for any hann or damage caused by his mistakes. In addressing the funds held for both him and his clients, he stated that he did not have an accounting background and that he did not keep up with his trust account to detennine a minimum balance. He closed with an apology for not properly keeping his trust account.

MELVIN J,\CKSON CLINTON, AR

A letter of caution was issued to Melvin Jackson for the violation of Model Rule 1.15(d) upon the complaint of Ross C. Hensley. This Rules states, in part, that upon tcnnination of representation, an attorney shall take steps to [he extent reasonably practicable to protect the client's i11lerests, such as giving reasonable notice to the client, allowing time for employment of other counsel, surrendering papers and property to which the client is entitled and refunding any advanced payment of fee [hat has not been eall1ed.

In his affidavit, Dr. Hensley stated that he owned rental properly in Morning Star, Arkansas. On August II. 1995, Dr. Hensley stated that he cal1ed Jackson to discuss eviction proceedings. Jackson agreed to begin the legal action against the tenants for which he was paid $250. In October 1995, Dr. Hensley sent him a certified letter demanding that the lawsuit be filed or his money returned. On October 19, 1995, he called Dr. Hensley and

told him that he would refund the money. No lawsuit was ever filed and the money was never returned.

On January 16, 1996, the Executive Director of the Committee on Professional Conduct sent him a letter advising him of Dr. Hensley's complain[ so that he might have the opportunity to resolve the situation if he deemed such action to be appropriate. Subsequently, Dr. Hensley contacted Ihe Director's office to inform him that he had received no response from him regarding the dispute. On March 7, 1996, he was sent by certified mail a letter containing a fom131 complaint and requesting a response within the alloned time. The com~ plaint was received by him on March 14, 1996.

No response to the complaint was forthcoming.

Although he failed to submit a response to the complaint after being duly served, he timely requested a de novo hearing pursuant to Section 5E(3), Procedures of the Arkansas Supreme Court Regulating Professional Conduct of Attorneys at Law. Jackson testified that he had worked in preparing a complaint for eviction, but before it was ready to be filed he learned that the tenants had moved from the property. He testified further that upon learning this he contacted Dr. Hensley.

Dr. Hensley requested that his money be returned and Jackson agreed to do so. Upon receipt of the January 16leller from the Executive Director's office, he said he gave his wife money to purchase a cashier's check for the return of Dr. Hensley's fee. He advised that he thought the matter had been resolved.

On March 14, 1996, he received a fonnal complaint from the Committee on Professional Conduct. He did not respond within the allotted time period, and, at the hearing, offered no persuasive justification of his failure to do so.

ALVIN L. SIMES WEST H.:LENA, AR

A letter of caution was issued 10 Alvin L. Simes for the violation of Model Rules 1.1, 1.4(3), 1.16(d) and 8.4(s) upon the complaint filed by Robert F. Grigsby. These Rules state, in part, that a lawyer shall provide competent representation to a client; a lawyer shall keep a client reasonably infonlled about the status of a matter and promptly comply with reasonable requests for information; upon t.ennination of representation, an allomey shall take steps to the extent reasonably practicable to protect the client's interests, such as giving reasonable notice to the client, allowing time for employment of other counsel, surrendering papers and property to which the client is entitled and refunding any advanced payment of fee that has not been earned; and, a lawyer shall not engage in conduct that is prejudicial to the

administration of justice.

According to the infonnation contained in Mr. Grigsby's affidavit, he first spoke with Simes during June of 1993. He contacted Simes in regard to visitation with his son. The next month, after visiting his son, Mr. Grigsby decided 10 hire Simes to represent him in custodial matters concerning his son. Simes' quoted fee was also paid that month. During November of 1993, Me. Grigsby contacted him to advise that his minor son was in his physical custody. Simes, then, filed a Petition for Change of Custody. However, the Petition he filed was not the Petition signed by Mr. Grigsby in his office. The Petition signed in his office was verified by Mr. Grigsby, the one Simes filed was nol. In the hearing held on the Petition, he told the Court that he attempted service on the mother of the child, but she had not responded to him. At the close of the hearing, he was directed to send notice to the mother by certified, restricted delivery mail. Simes presented the Temporary Order of Custody to the Court four days later. When he provided Mr. Grigsby with a copy of the Temporary Order, he told him that if there was no objection for 90 days, pernlanent custody would be granted to him.

Almost one year later, a Pet-ilion for Change of Custody was filed by the child's mother. In this Petition, she asserted that she had been denied due process because she was not served with Mr. Grigsby's earlier petition. When Mr. Grigsby was served with the Petition, he hired another attorney to represent him. Mr. Grigsby's new counsel contacted Simes to obtain a copy of Mr. Grigsby's file. Simes refused to provide it.

Mr. Grigsby's wife offered to pay for copies and postage but he still refused to provide it. It was crucial that Mr. Grigsby be able 10 demonstrate to the Court that Simes had auempted to serve the child's mother. Even so, Simes still would not provide Mr. Grigsby with a copy of his file. Instead he accused Mr. Grigsby's new counsel of wanting him to practice law for him. Mr. Grigsby ultimately lost custody of his son after much additional expense, which Mr. Grigsby believes could have been prevented if Simes had either done as [he Court direct路 ed or provided him the infonnatioll in his file.

Simes began his response by stating that he fiTst advised Mr. Grigsby to seek an attorney from Texas because the child was residing in Texas. According to Simes, he told Me. Grigsby that if the child was ever in Arkansas, he could attempt 10 obtain temporary custody for Mr. Grigsby. He pointed out that his representation of Mr. Grigsby ended on December 9, 1993. Further, according to Simes, he sent a Notice of Hearing to the address given him by Mr. Grigsby when he filed the Petition on his behalf. Simes also

H rhdrkansRs !,atrier Summer 1991

lawyer disciplinary actions acknowledged that he advised the Court that he anempted service at the address given him

by Mr. Grigsby. He went on to Slate that Mr. Grigsby gave him three different addresses for the child's mother, but there is no assertion concerning whether he attempted service at a1l three addresses. He did not address in his response the alleged failure to provide proof of attempted service when requested to do so by Mr. Grigsby and his new attorney.

BRYAN LOYD CHESSllIR NASHV1LLE, AR

A leller of caution was issued to Bryan Loyd Chesshir for the violation of Model Rules 3.8(b) and 4.3 upon the complaint filed

by Dale Alan Guyse. These Rules slate. in part, that the prosecutor in a criminal case shall make reasonable efforts to assure that the accused has been advised of the right to, and the procedure for Obtaining, counsel and has been given reasonable oPpoTlunity to obtain counsel: and, in dealing on behalf of a client with a person who is not represented by counsel. a lawyer shall not state or imply that the lawyer is disinterested. When the lawyer knows or reasonably should know that the unrepresented person misunderstands the lawyer's role in the maHer, the lawyer shall make reasonable efforts to correct the misunderstanding.

According to the information contained in Mr. Guyse's affidavit, he contacted Chesshir, in his capaCity as Deputy Prosecuting Attorney, following his receipt of two summonses on criminal matters. Mr. Guyse recalled that Chesshir informed hjm thaI. at the court appearance set on the mailers. a joint restraining order would be signed. Further, he advised Mr. Guyse that it was not necessary to have his attorney appear with him since it was to be an agreed order. Mr. Guyse, also, remembered Chesshir explaining that if the alleged victim failed to sign the restraining order. the charged would be dismissed. Mr. Guyse had attempted to file a complaint against the alleged victim but he was told by Chesshir it was not necessary because of the joilll restraining order to be signed. Contrary to what Chesshir had explained to Mr. Guyse, when the alleged victim refused to sign the restraining order, Chesshir went to trial on the matter without allowing Mr. Guyse to contact his attorney. Mr. Guyse later learned, through court records, that he was representing the alleged victim in a civil mailer. This representation was being undertaken at the time of Mr. Guyse's trial. Mr. Guyse ultimately was required 10 expend a great deal of money because the agreement, as Chesshir had explained it to him, was not honored. Mr. Guyse's attorney filed a Petition for

H fbe ,\rimas l,allIer Summer 199i

Rehearing. He alleged that Chesshir had misled Mr. Guyse in his dealings with him.

Chesshir did not respond to or in any manner oppose the petition. Mr. Guyse's petition for rehearing was granted.

In responding. Chesshir explained that he had been Deputy Prosecuting Anorney for Howard County since January 1995.

According 10 him. he felt it was his duty to amicably try and resolve the problems between Mr. Guyse and his neighbor, the alleged victim. Chesshir explained that the alleged victim first came to his office for assis路 tance in obtaining a Domestic Abuse Restraining Order. He assisted her with that.

On that same day. Mr. Guyse came to his office about the charges filed against him. He acknowledged that he discussed the restraining order with Mr. Guyse, but he recalled that he told him to discuss it with his attorney.

Further, he stated that he advised the alleged victim that he could not represent her in her divorce proceedings unless the joint restraining order was signed. It was not until the day of court that he learned the alleged victim would not sign the restraining order. At that time, Chesshir asserted that he told the alleged victim he could no longer represent her in her divorce proceeding. His recollection was that when he was offered a cOlllinuance, Mr. Guyse declined the offer and stated he was ready for court. Chesshir also averred that he did contest the language in the petition filed by Mr. Guyse because he did not mislead him.

However, Chesshir filed no response to the Petition.

THOMAS F. DONOVAN

SPRINGDALE, AR

A leller of reprimand was issued to Thomas F. Donovan for violation of Model Rules 1.3, 1.4(a) and 1.5(c) upon the complaint filed by Charles Branch. These Rules state, in part, that a lawyer shall act with reasonable diligence and promptness in representing a client; a lawyer shall keep a client reasonably informed about the status of a mailer and promptly comply with reasonable requests for information; and, a contingent fee agreement shall be in writing and shall state the method by which the fee is to be detennined.

Charles Branch alleged that in April 1991, he and his wife were involved in an aUlomobile accident.

West General Insurance Company, the liable party's insurer. went bankrupt in 1992 and Mr. Branch employed him for assislance shortly thereafter. There was no wriuen fee agreement but there was a verbaJ agreement for 1/3 of the recovery. Mr. Branch stated that he never saw Donovan thereafter but thai he did have telephone con路 ,'ersations with him. While there were proofs

of claims being filed with the liquidation of the insurance company, he became concerned as time passed.

Mr. Branch called the Arkansas Property and Casualty Fund and was advised that the statute of limitations had run and the claim was barred. Mr. Branch then confronted him about the information he had received. Donovan stated that he was 10 have a meeting with the lnsurance Commission employee and that he would let Mr. Branch know what happened. Since that lasl conver路 sat ion, Mr. Branch stated Donovan's phone was disconnected and he was not able to collect for his losses.

For his response, Donovan admilled that he was hired by Mr. Branch in 1992 and that he did file the claim on time. At the time the claim was filed, Donovan's records reflected an address for Mr. Branch of 196 South Church Street, Vilonia, Arkansas, 72173.

Shortly after Mr. Branch came to Donovan's office, he mailed a fee agreement to Mr. Branch. Donovan slaled Ihat the contract was not returned. He asserted that he never heard from Mr. Branch until 1994 when Mr. Branch received a letter which infonned him lhat the claim was barred by the statute of limitations.

Mr. Branch then contacted him and informed him of his new address and phone number.

His response also stated that it was his understanding that the claim filed would protect Mr. Branch's interests. Donovan indicates that he received no notices from any bankruptcy court or representative of the insurance company. He was not aware that filing suit might have been necessary. He then called the Administrator of the Arkansas Property and Casualty Guaranty Fund and was infomled that the statute of limitation had run and the claims of Mr. Branch were barred.

HAROLD L. KING LITILE ROCK, AR

A letter of caution was issued to Harold L. King for violation of Model Rules 1.3 and 1.4(a) upon the complaint filed by Sharon Grice. These Rules state that a lawyer shall act with reasonable diligence and promptness in representing a client and a lawyer shall keep a client reasonably informed about the status of a matter and promptly comply with reason路 able requests for infonnation.

In her affidavit of complaint, Ms. Grice explained that she hired King in May of 1993 to represent her in a divorce proceeding. King then filed a Complaint for Divorce on Ms. Grice's behalf in October of 1993. The Waiver and Entry of Appearance which had been signed by Mr. Grice in September of 1993 was filed with the Clerk in December of 1993.

King provided the Judge with a Divorce Decree which was returned to him during

lawyer disciplinary actions January of 1994 to obtain the appropriate signatures. King and Ms. Grice appeared before lhe Chancellor during April of 1994, at which time Ihe Decree was signed. However, King did not file the Divorce Decree at thai lime.

SubsequentJy, Ms. Grice's ex路husband quit making child support payments because there was no record of allY Decree requiring him to do so. Ms. Grice learned from a police officer Ihal the Divorce Decree was of no effect because it had never been filed with the Clerk.

According 10 Ms. Grice. when she was infonncd of this, she contacted King. King assured her that there was 110 problem.

However, during the lime when no Divorce Decree was filed of record, Mr. Grice filed an Answer 10 the Complaint. revoking his previously filed Waiver. Eventually, in September of 1994, fifteen months after King was hired to pursue an uncontested divorce for Ms. Grice, a Divorce Decree was signed and entered of record with the Clerk. Ms. Grice, personally, filed the Decree with the Clerk to ensure that it was properly filed. Based on his inaction, Ms. Grice lost several weeks of child support payments because the Court would not enter the Decree IlW1C pro mile to April of 1994.

In his response 10 the affidavit, King acknowledged being hired by Ms. Grice to pursue a divorce action on her behalf. He acknowledged that the firsl Decree of Divorce in Ms. Grice's proceeding was signed by the Chancellor during April of 1994. According to King, he gave the Decree of Divorce 10 his secreLary LO be filed after iL was signed. He believed the Decree had been filed and had no reason to believe otherwise. King was unable to recall any conversations WiLh Ms. Grice abouL the facL thaI Lhe Decree had nOI aCLually been filed of record. King pointed out that the conversations may have occurred between Ms. Grice and his secretary. It was his avennent that his secreLary hid her actions and misLakes from him unLil she left his employment. King explained Lhat he did prepare a Decree to be entered nunc pro Lunc. but Judge Garrell would noL sign il. Ln closing, he seL out that he regrelled any inconvenience caused 10 Ms. Grice because of his secreLary's actions and inacLions.

MR. JOnN F. GmSON, JR. MONTICELLO, AR

A leller of caul ion was issued to John F. Gibson, Jr., for violation of Model Rules 1.3 and 8.4(d) upon a per curiam. These Rules state thaL a lawyer shall act with reasonable diligence and promptness in representing a client; and, a lawyer shall not engage in conduct Lhal is prejudicial 10 Lhe administration of justice.

On March 18, 1997, Gibson filed a Motion to File Belated Appeal wilh the Arkansas Supreme Coun on behalf of his client Paul Steven Jones. He admined in the MOlion Lhat it was a mistake on his part which caused Lhe record in this mailer to be tendered late 10 the Clerk. In his MOlion, he explained Ihe difficulties he had experienced in oblaining the transcript from Mr. Jones' trial. Based upon his acceptance of responsibility in this maller, the Court granted his Motion on April 14, 1997, and forwarded the Per Curiam opinion to the Committee.

In responding to the Per Curiam Complaint, Gibson slaled thai he was unable 10 obLain a transcript from the Court Reporter until after the time 10 perfect an appeal had expired.

According to him, he was never put on nOlice that Lhere was a problem with obtaining the transcript from the Court Reporter.

He explained that although the Court Reporter wallled her fee paid in advance, he was never advised of this fact. He did acknowledge that he should have monitored Ihe Court Reponer more closely because it was his responsibility 10 do so for his client's benefit.

SAM T. HEUER

LIl'-LE ROCK, A R

A leller of caution was issued to Sam T. Heuer for violation of Model Rule 1.3 upon the complainL of Jason French. This Rule slates that a lawyer shall act with reasonable diligence and promptness in representing a client.

In his affidavit of complaint. Mr. French averred that he was charged with Ihree (3) counts of harassmenL and hired Heuer 10 represent him in the Van Buren County Municipal Court. He was convicted and advised Heuer of his desire to appeal. Although he filed the notice of appeal, he did not timely file the transcripLs as required by Arkansas Rule of Inferior Coun 9(a). This requirement is jurisdictional in nature and his failure resulted in Lhe dismissal of the appeal. According to Mr. French, Heuer did aLlempt to gel his appeal reinstated; however, his efforts were not successfuL For his response, Heuer admitted that he commiued error in not filing the appeal transcri pI. He slated that he was under the impression thai the transcripts were filed by the clerk.

He tried to get the appeal reinslated, but because of the Slale of case law on this point, he was not successful in lodging the transcript.

He averred that he advised Ihe French family of his error and recommended thaL they seek other counsel. It was his belief that there were some federal issues that Mr. French could pur路 sue regarding his having been denied access to the courts. Heuer arranged a meeting with

another anomey to discuss these issues, but Mr. French elected not to retain the attorney and not to pursue the federal questions.

JAMES NOEL MILLER

FORREST Crrv, AR

A leLLer of caul ion was issued LO James Noel Miller for violation of Model Rule 3.3(a)(I) upon the complaint of Patrick Harris. This Rule Slates, in part, that a lawyer shall not make a false statement of material facllO a Iri路 bunal.

Assistant United Stales Anomey Patrick Harris was responsible for cross-examining Miller during a senlencing hearing held before Honorable George Howard, Jr. One of Lhe issues which Judge Howard was called upon to deLemline was whether Ihere was a plea agreement between the United States and Miller's client, Jimmy Franklin Luttrell, at the time Mr. Luttrell entered his guilty plea. When Mr. Luttrell pled guilty, the Court inquired whether there was a plea agreement between the United States and Mr. Luttrell Millers response to the Coun was Ihat there was no plea agreement. However, at Ihe sentencing hearing, he asserted that there was a plea agreement in existence aL the Lime of entry of the plea of guilty.

Even though Miller believed there to be a plea agreement in existence when the Coun asked him at the plea hearing, he did not disclose that fact 10 the Coun. His lestimony at Lhe sentencing hearing was that he had been able 10 secure a plea agreement for his client, but that Assistant Uniled States Attorney Kevin Alexander had refused to put the agreement in writing.

During Mr. Harris' cross-examination of him, Miller admilled that his previous staLement to the Coun about there noL being a plea agreement was false. He also stated that he believed it to be in his client's best interest not 10 advise the Coun of the plea agreement. During cross路 examination, he admiued that he had violated Model Rule 3.3. Further. he Lestified Ihat he did not "actively" try to deceive the Coun, but he did "passively" do so.

In response 10 this Complaint, Miller explained that throughouL his representation of Mr. Luttrell, he continued 10 discuss Lhe possibility of a plea agreement for him with the government's attorneys. According to him, on the third day of Mr. Luttrell's trial. Mr. Luttrell accepted a negotiated settlement of his case in exchange for a len year sentence contingent upon Mr. Lunrell actually cooperaling with the government. 11 was also his belief that he was noL to announce (0 the Coun that there was a plea agreement until the time of sentencing. Pursuant to his belief thai there was a plea agreement, he made Mr. Luttrell available for queslioning by lhe government. Miller

lawyer disciplinary actions assened that it was always his belief that there was a plea agreement in existence until the morning of sentencing, when the plea agreement felJ apart. Miller also stated that he never had any intent to make a false statemenl to the Court. Through his response, he accepted full responsibility for his actions.

GORDON

L.

HUMPHRI-:V, JR.

SIIERWOOO, AR

A letter of caution was issued to Gordon L. Humphrey, Jr., for violation of Model Rules

1.3 and 1.16(d) upon the complaint of Gary Larue Crook. These Rules st:.tte, in part, that a lawyer shall act with reasonable diligence and promptness in representing a client and that upon termination of representation an attorney shall take steps to the extent reasonably practicable to protect the client's interests, such as returning any advanced payment of fees that has not been earned.

In his complaint. Mr. Crook alleged that Humphrey was employed by him on January 16, 1996, 10 assist him in efforts to keep his grandson in the State of Arkansas. The child was the result of a relationship between Mr. Crook's teenage son and his fifteen year-old girlfriend. When Humphrey was hired. he was provided two checks, one for allorney's fees in the amount of $500.00 and the other for 5136.00 for filing fees. Because of the urgency of the maller. it was explained to Humphrey that immediate action was needed.

On January 31. 1996, the grandchild's underage mother took the child out of state.

Humphry was notified of this on February I,

1996. By May 28, 1996, Mr. Crook requested by leiter a return of any une.lrned monies. Mr. Crook followed that letter with a similar letter

on June 18. 1996. On August I. 1996, the Executive Director's Office of the Committee on Professional Conduct wrote to Humphrey and suggested that he respond 10 the request of Mr. Crook. He failed to respond to any of the letters sent to him.

For his response to the complaint, he stated that the allegations were essentially correct and uncontested. He provided information that the parents of the underage mother would not allow her to be married to Mr. Crook's son.

Humphrey suggested to Mr. Crook that he obtain a guardianship over the underage mother as she was a minor with no family or other supervision in the state of Arkansas.

Humphrey stated that he was in the process of preparing guardianship papers when he was notified that the mother had returned to her parents' home in Colorado. He asserted that by that time he had office discussions and tele路 phone conversations approximating three hours at the rate of $125.00 per hour. He admitted that the uneamed portion of the fee

II

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and the entire filing fee should have been returned. He explained that he was at the time of this matter suffering from personal problems which made it difficulllO properly auend to business mailers.

JOE F. ATKI~SOS, JR.

fT. Si\IITII, AR A lener of caution was issued to Joe F. Atkinson, Jr., for violation of Model Rules 1.3 and 8A(d) upon the Per Curiam of the Arkansas Supreme Court. These Rules stale that a lawyer shall act with reasonable diligence and promptness in representing a client: and, a lawyer shall not engage in conduct that is prejudicial to the administration of justice.

As attorney for appellant Johnny Propst, Atkinson failed to timely file a brief. A citalion to show cause why he should not be held in contempt of court was entered. Atkinson appeared and entered a not guilty plea. A Master was appointed to conduct a hearing and make findings of fact Prior to the hearing Atkinson sent a letter to the Master advising that he wished to change his plea. He also Iiled a petition with the Court indicating his desire to change his plea. In the petition he acknowledged having made a serious mistake in failing to file the brief and that it was his responsibility to ensure that filing was timely.

He asked the Court to reinstate his client's appeal. The appeal was reinstated and he was

fined 5250.

For his response he staled that after filing the notice of appeal he received a leiter from his client asking that his representalion of him in this matter end. He filed a MOlion to Withdraw which was granled by the trial court on May 2, 1996. Since appellant indicated his desire to employ inmate "counsel" the trial court did not appoint him another auorney.

The court reporter then forwarded the transcript directly to the appellant. When he received lhe notice scheduling brief dates he filed a Motion To Withdraw with the Supreme Court. He asked for a "telephone extension" on July 8, 1996, and on that same date filed a Motion for Extension for thirty (30) days. The Motion To Withdraw was denied on July 17,

1996. On July 30, 1996, he mailed another Motion For Extension requesting sicty (60) days (0 the Clerk, He stated that the next thing he heard was by way of a telephone call around mid- ovember 1996 from Sue Newberry, who indicated that Appellant's response was tendered too late and the brief had been due on October 12, 1996, and a Motion For Belated Brief was necessary to gel lhe brief iled. At that point he was extremely busy with another appeal and unable 10 com~ plete the brief herein ulllil December II, 1996.

Allhough he mailed the brief it was returned

for postage due and remailed on December 16.

He stated that the brief and Motion To File Belated Brief was received by the Clerk prior to the entry of lhe show cause order. He stated in conclusion thaI he did not receive notice of when appellant's brief was due until after the time the brief was due. Once he determined that it was past due he took remedial action. The case is now awaiting decision.

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Alexandria, Louisiana Attorneys

In Memorium Judge James Ricks Cooper James Ricks Cooper. 53. of Heber Springs passed away in May. He was a judge serving on the Arkansas Court of Appeals for the last 17 years. He worked previously as a staff attorney for the Department of Finance and Administration; Chief Counsel of the Department of Finance and

Administration; a Deputy Prosecuting Attorney for the 14th Judicial District; Deputy Prosecuting Allorney for the 16th Judicial District and as a Consultant for the Arkansas Tax Revision Commission.

He was a member of the Arkansas Bar Association and the Cleburne County Bar Association.

He is survived by his wife, Judy Cooper; one son, Matthew Mahurin; two daughters, Jamie Cooper and Laura Beth Cooper; one granddaughter, Jesse Drew Cooper; all of Heber Springs; and his mother; Dorothy Cooper of North Lillie Rock.

Judge Paul Jameson Judge Paul Jameson, 78, of Fayetteville died in March.

He was born April 3, 1918, at Aurora, AR, the son of John Shernlan Jameson and Mildred Frances Mullin Jameson and had resided in Fayetteville since 1932. He graduated from Fayetteville High School in 1934, attended the niversity of Arkansas and the University of Arkansas School of Law. He began his practice of law at Fayetteville in 1940 and continued until 1976 when he was elected circuit judge of the Fourth Judicial Circuit which includes Washington and Madison counties. After 10 years on the bench he retired from the judiciary and resumed his practice of law. He served in the U.S. Navy during World War II aboard the USS South Dakota in the South Pacific and orth Atlantic.

Survivors include his niece and nephew.

Judge Sam Robinson Sam Robinson, 98, of Lillie Rock, retired Associate Justice of the Arkansas Supreme Court, died peacefully with his wife, Ruth Ann, by his side in June.

Judge Robinson was a veteran of WWI, having served in France. Upon

returning to Little Rock after the war. he worked as a riding boss on the Readland Plantation. then owned by the Cracraft family. In 1922. he decided to become a lawyer. but having quit school in the third grade, he had to take a special exam to assess the level of his knowledge. He scored the equivalent of a four-year college educalion, and was accepted into the Little Rock Law School where he graduated valediclOrian of the graduating class of 1924, and wen I on 10 achieve the highest score on the Arkansas Bar Exam. missing only a part of one question. In 1940, he was elected Prosecuting Anomey of the 7th Judicial District, and served three temlS. and in 1950 was elected to the Arkansas Supreme Court where he served for 15 years, from 1951-1966.

Mike Skipper Mike Skipper, 51, of Little Rock died in February. He was a member of the Arkansas Bar Association and the Arkansas Trial Lawyers Association. He served his country in the United States Air Force.

He is survived by his wife, Susan Skipper; one son, Chesley Skipper: and one daughter, Jaime Skipper, both of Little Rock.

Lindsay Cotton Thomas Lindsay Cotton Thomas, 72, died in March. He was born in Little Rock and graduated from Lillie Rock High School, the University of Arkansas, and the Arkansas Law School. He was the senior member and founder of L. Cotlon Thomas & Company, Certified Public Accountants. Mr. Thomas was a member of the Board of Deacons of Second Presbyterian Church. a member of the Country Club of Little Rock. American Institute of Certified Public Accountants, Arkansas Society of Certified Public Accountants, Arkansas Bar Association and Sigma Chi fraternity.

0.0. (Jack) Turner O.D. (Jack) Turner, 79, of Bella Vista, died in May. He earned a juris doctor degree from the University of Arkansas School of Law in 1948; and later earned master of science and Ph.D degrees from the

University of Texas graduate school in business and economics.

He gradualed from Fayetteville High School in 1936. He served as a commanding officer in the European Theater during World War II, nying more than 35 combat missions. He was awarded the Air Medal and six clusters, the Purple Heart and the Distinguished Flying Cross. He was wounded and subsequenlly retired as a Iieulenant colonel.

The Arkansas Bar Foundation acknowledges with grateful appreciation the receipt of memorial gifts and scholarship comributions gil'en in memory of the following indi"iduals from March 1. 1997 through June 30, 1997:

Do ALD J. ADAMS SCHOLARSHIP FuND, IN MEMORY OF DoNALD J. ADAMS

Donald E. Bishop Jerry A. Pinson Ken Reeves Carl B. McSpadden Jones Law Firm

IN MEMORY OF JUDGE JAMES COOPER

Judge William R. Wilson. Jr.

IN MEMORY OF HOR CE MCKENZIE

Beryl F. AnthOl1Y. Jr.

IN MEMORY OF

E L COOPER MOODY

Beryl F. Anthony, Jr. IN MEMORY OF MOORE, SR.

MRS.

RICHARD N.

Judge William R. Wilson, Jr.

I

MEMORY

OF

WILLI M

McRAE

POWELL Judge William R. Wilson, Jr.

IN MEMORY OF MICHAEL SKIPPER

Judge William R. Wilson, Jr.

IN MEMORY OF SUSAN STROM

Judge William R. Wilson, Jr.

In Memorium

Robert A. LeOar

The following is the eulogy written by llIdge Henry Woods and deli\'ered during the funeral for Robert A. Leflar On the grave of Sir Christopher Wren, in the transept of St. Paul's cathedral, appear the words in Latin, "If you seek a monument, look around you." There is a physical monument to Robert LeOar in the Law Center named for him which is within a stone's throw of this auditorium. But his great monument exists in the lives of the men and women of the law who had the privilege to sit in his classes, not only the nervous freshman tort student from small-town Arkansas, but those who became Supreme Coun Justices, such as Warren Burger, Harry Blackmon, and John Paul Stevens, all of whom were alumni of his famous school for appellate judges at ew York University.

I was one of those nervous freshmen who, almost sixty years ago, sat in a class of about fifty aspiring law students, when this dynamo of a man hurried in and quickly opened the case book to the first decision on ton law.

As he began his logical, masterful exposition of the cases, int.erspersed with a sparkling Socratic dialogue, we were transfixed. Even though only half of that class graduated, no one ever forgot their first exposure 10 Raben LeOar. It was my great privilege, as a senior law student, to work for him as a research assistant. Even in those early days, when the number of his former students was counted in hundreds and not thousands, there was a conslant stream of letters seeking legal advice from their favorite professor. I have never forgotten the zeal with which he attacked their most trivial problems--

IS Ue ,1.lullJ I,I'!I' S.IIIt

1m

the boundless energy, the rapidity but t.horoughness of his work regimen. tn the words of Stephen Vincent Benet, "He was not mild with life. He gripped life like a wrestler with a bull.

Impetuously. It did not come to him while he stood waiting. He went to it and took it by both horns and threw it down."

Raben LeOar's students became governors, nited States Senators, Congressmen, legislators, legal scholars and law leachers, judges, and above all, competent, and sometimes great, lawyers. Three future govemors sat in one of his classes--two who would become governors of Arkansas and one who would become governor of ew Mexico. Sid McMath, one of them. appointed him to the Arkansas Supreme Coun.

Although Raben LeOar is recognized as a great scholar in the field of torts, it was that difficult and esoteric field of conOict of laws that challenged his precise and rational mind.

Convinced that the theories of his famous Harvard professor, Joseph Beals, were outmoded, he became the principal architect of the modem theory of connicl of laws. By the middle of this century, he had become the preeminent authority in the world on the law of conflict of laws. His renowned t.extbook has gone through four editions.

His writing in t.he field on conflicts should nol overshadow a massive contribution to legal literature in other fields. An anicle he wrote for the University of Pennsylvania Law Review entitled, "Contribution and Indemnity Between Tonfeasors", Vol. 81 Page 130, has probably been cited as much as any article in legal literature, and has had a monumental influence on this difficult area of the law.

His experience as a director of the famous New York University School for Appellate Judges resulted in two inOuent;aJ books: Appellare Judicial Opinions and Internal Operating

Procedures

of Appellale

CourtS.

During the time he headed this school, which he had a major role in establishing, it was attended by over half of the appellate judges in the nited States plus many Canadian, British, and other foreign appellate judges.

Nor must we forget opinions he authored while serving on the Supreme Court of Arkansas.

In Coca-Cola

Bottling Co. 1'. Hicks 215 Ark. 803,223 S.W.2d 762 (1949), appears the clearest explanation of the doctrine of res ipsa loquitur to be found anywhere in legal literature. In Hill 1'. Wi/SOli, 216 Ark. 179,224 S.w. 2d 797 (1949), can be found the best exposition of the Palsgraf doctrine extant.

Time does not permit a discussion of Raben LeOar's many other contributions to mis state and this niversity.

He presided over two constitutional conventions, in 1970 and 1980.

Although the proposed documents were rejected as a whole, significant portions were enacted into law. For many years, he conducted a school for newly elected members of the Arkansas legislature in the week preceding each biennial

session.

He served on the highly prestigious committee of the American Bar Association which drafted the current Canons of Judicial Ethics. He was a life member of the Commission on Uniform State Laws. Due to his innuence, Arkansas has probably enacted more uniform state laws than any other

stale. By common consent. his contribution to this highly important commission has been unmatched.

At a time when most souLhern polit-

ical leaders were embarked on a stubborn campaign of opposition to integration, then-Dean Raben LeOar quietly, without litigation and fanfare. integrated the University of Arkansas Law School. One of his first black students, Wiley Branton, became dean of Howard University Law School and an assistant Attorney General for the nited States.

Bob never lost touch with his former students. He and his beautiful and talented wife Helen Finger LeOar had a pany for us each homecoming that highlighted our return to the campus.

Bob was proud of his two sons, both of whom followed him into academia.

Rob, like his father, has become a highly regarded law professor. Charles teaches at the business school.

Bob loved this University like he loved Helen-like a man loves a woman.

Of all his imposing and voluminous writings, he was perhaps proudest of his centennial history of the niversity of Arkansas, which he called, "a true labor of love."

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