Issuu on Google+


Help t,/

Dynamic Site Design

t,/

Compelling Content

t,/

Targeted Traffic

Your future clients are on the Web. We'll help you find them. West Client Development Services helps you effectively use the Web to enhance your new business efforts. Today, the three critical components for online success are design, content and traffic. We can help you build an online presence that uses all of these to deliver real results. Stop missing out! See how West Group makes the Web work for you. Call 1·800·762·5272, or visit http://products.findlaw.com

FindLaw

THOMSON

www.findlaw.com

VVEST WI05586/6-02


PUBLISHER

Arkallsas Bar Association Phone: (501) 3754606 Fax: (501) 3754901 Homepage: www.arkbar.com E-Mail: aconaway@arkbar.com EDITOR AlIlle COflmllay GRAPHIC DESIGN

Sara LAI/dis EDITORIAL BOARD Stuart P. Miller, Chair Judge Wiley A. Branton. Jr. O. Milton Fine II Morton Gitelman J. Leon Holmes Christopher Travis Brian Anthony Vandiver David H. Williams Jacqueline S. Wright OFFICERS President H. Murray Claycomb Board of Governors Chair James D. Sprott President-Elect Thomas A. Daily Immediate Past President Sandra Wilson Cherry Secretary-Treasurer William A. Martin Parliamentarian Jeannette Denham

Young Lawyers Section Chair Cindy Thyer Executive Director Don Hollingsworth Associate Executive Director Judi.th Gray

BOARD OF GOVERNORS M. Stephen Bingham Anthony W. Black Judge Wiley A. Branton. Jr. F. Thomas Curry Elizabeth Danielson Boyce R. Davis Lance B. Gamer Dave Wisdom Harrod Robert "Skip" Henry Gwendolyn D. Hodge Jim L. Julian Philip E. Kaplan Sean T. Keith Marie-Bemarde Miller Chalk S. Mitchell w. Frank Morledge Donna C. Pettus Terry M. Poynter James M. Simpson, Jr. Eddie H. Walker, Jr. Robert E. Young LIAISON MEMBERS Judge Ted Capeheart Steve T. Shults Don Hollingsworth Teresa M. Wineland Jack McNulty Carolyn B. Witherspoon Tht Arbn$/l$ L/lw!W (USPS 546-040) is published quartl"rly by the Arkansas Bar Association. I'l"riodicaLs postage paid at Little Rock. Arkansas. POSTMASTER: send ilddrl"SS changes to The Ark/lIIsas LUII!!tr, 400 West Markham. Little Rock. Arkansas 72201. Subscription price 10 non路members of the Arkansas Bar Association 525.00 per year. Any opinion expressed herein is thill of the author, and nol necessarily that of the Arkansas Bar Associiltion or TIll Arbn$/l$ !..IUII!!tr. Contributions to 11.t Arbll$ll$ 1.Ilwyt'r are welrome and should be sent in two ropies to EDITOR. 11It ArkllllSAS Lawytr, 400 Wesl MilrkNm, Little Rock, Arkansas 72201. All inquiries regilrding ildvertising should besenllO Editor, TI.t Arl."llnsas 1.Ilwytr; allhe aoovl" address. Copyright 2003, Arkansas Bar A55Odalkm. All rights reserved.

The Arkansas

awer Vol. 38, No. 1

Featuring the Circuit Court Judges of Arkansas FIRST JUDICIAL CIRCUIT SECOND JUDICIAL CIRCUIT THIRD JUDICIAL CIRCUIT FOURTH JUDICIAL CIRCUIT FIFTH JUDICIAL CIRCUIT SIXTH JUDICIAL CIRCUIT SEVENTH JUDICIAL CIRCUIT EIGHTH NORTH JUDICIAL CIRCUIT EIGHTH SOUTH JUDICIAL CIRCUIT NINTH EAST JUDICIAL CIRCUIT NINTH WEST JUDICIAL CIRCUIT TENTH JUDICIAL CIRCUIT ELEVENTH EAST JUDICIAL CIRCUIT ELEVENTH WEST JUDICIAL CIRCUIT TWELFTH JUDICIAL CIRCUIT THIRTEENTH JUDICIAL CIRCUIT FOURTEENTH JUDICIAL CIRCUIT FIFTEENTH JUDICIAL CIRCUIT SIXTEENTH JUDICIAL CIRCUIT SEVENTEENTH JUDICIAL CIRCUIT EIGHTEENTH EAST JUDICIAL CIRCUIT EIGHTEENTH WEST JUDICIAL CIRCUIT NINETEENTH EAST JUDICIAL CIRCUIT NINETEENTH WEST JUDICIAL CIRCUIT TWENTIETH JUDICIAL CIRCUIT TWENTY-FIRST JUDICIAL CIRCUIT TWENTY-SECOND JUDICIAL CIRCUIT TWENTY-THIRD JUDICIAL CIRCUIT

Contents Continued on Page 2

9

9-10

11 11 12 12-16 16 17 17 17 17

18 18 19 19-20 20 21 21 23 24 24 24 24

25 27 27 27 28


The Arkansas

awer Vol. 38, No.1

in this issue CLE Calendar

29

Judicial Disciplinary Actions

30

Lawyer Disciplinary Actions

32

Thank You to 2002 CLE Speakers and Program Planners

39

In Memoriam

40

Arkansas Bar Foundation Memorials and Honorariums

43

Classified Advertising/Ad Index

44

columns

-

President's Report

3

Murray Claycomb

Executive Director's Report Don Hollingsworth

5

J

Liiii Arkansas Bar Associalion

400 W. Markham Little Rock, Arkansas 72201

HOUSE OF DELEGATES Delegate District I-SE: Ray Allen Goodwin Delegate District 2-SE: Katharine C. Wilson Delegate District 3-SE: Paul D. Waddell, Dennis Zolper, Jeff Puryear Delegate District 4-SE: Bill E. Bracey, Jr. Delegate District S-SE: Kent J. Rubens Delegate District 6-SE: Christopher M. Morledge Delegate District 7-SE: Buck Gibson Delegate District 8-SE: Howard L. Martin Delegate District 9-SE: Jim Pat Flowers Delegate District IO-SE: David L. Sims, Anthony A.Hilliard Delegate District II-SE: Richard L. Roper Delegate District 12-SE: James A. Hamilron Delegate District IJ-SE: Brian H. Ratcliff, RobinJ. Carroll Delegate District 14-SE: ChrinieAdams. Manhew Kimmel Delegate District IS-SE: Todd M. Turner, Bryan T. McKinney Delegate District 16-SE: John T. Vines, Janie M. Evins Delegate District 17-SE: James Ralph Jackson Delegate District I·NW: Hardy W. Croxton, Jr., George R. Spence, Edwin N. McClure, Lisa L. Kelley Delegate District 2-NW: Shannon L. Fant, Raymond L. Niblock, Steven S. lega, Tim Snively, Marthew R. Durrett, Chris R. Reed. April M. Rye, Crisli Beaumont, David J. Whitaker, Michael J. Hodson Delegate District 3·NW: Shannon L. Blatt. Timothy C. Sharum, Niki 1: Cung, Jason A. Manina, James O. Cox, Ben H. Shipley Delegate District 4·NW: Daniel B. Thrailkill Delegate District S·NW: Steve S. D:lvis Delegate District 6·NW: David L. Eddy, John"[ Tatum II Delegate District 7-NW: Danny M. Rasmu$S('n, Rhonda K. Wood Delegate District 8·NW: Ted Sanders Delegate District I-e: Charles L. Schlumberger, Don K. Barnes, Eli:tabeth A. Thomas Smilh, Harry A. Lighl, Melva J. Harmon, John C. Wade, Jeff Broadwater, MarcellaJ. Taylor, Reed It Edwards, M. Stephen Bingham, John C. Wyvill, Causley Edwards, Brad Hendricks, David \VI. Sterling, Patrick Harris, Brenda N. Stallings, Mark H. Allison. David Raupp, Rick Ramsay. Patrick D. Wilson, Valerie Kelly, Gregory L. Crow, William C. Mann, Lacy Kennedy, Harold J. Evans, Colene D. Honorable, C. Tad Bohannon, Jerry Larkowski. Amy Lee Stewan, Danyelle J. Walker Law Student Representatives: Matt Lindsey. University of Arkansas School of Law: Joel G. Hargis, UALR William H. Bowen School of Law

2 11,e Arkansas Lawyer www.arkbar.com


President's Report

'~nd

Justice for All"

by Murray Claycomb In thirty years or more, Diversity may pose a threat to the Rule of Law. Why? And what does Diversity have [0 do with the rule of law? In a program at a Bar Association meeting in an adjoining state, there was a new issue about an area of concern to the legal profession. The main subject of the meeting was "diversity" and how it adds a new dimension of concern to perpetuating our rule of law. By 2036 due to the influx of immigrants and the growth of other minority groups. minorities will represent mote than 50% of the total population of the United States, said Dennis Archer, presidem-e1cC[ of the American Bar Association. Demographers tell us that at the presem rate, in about 30 years morc than 50% of the U. S. Population will be made up of minorities, including African Americans. Native Americans, Hispanics, Asians, middle Easterners and others. The current estimate of the population is that 30% are now members of a minority. The majority of the population in California already consists of members of minority groups. In the year 2000, according ro the Depanment of Health and Human Services, 51 % of New Mexico and 46% of Texas births were Hispanic. William Paul, past president of the American Bar Association, said the significance of this fact is, that if minorities, by that time, have not learned about and come to believe in our system of laws, then the rule of law may be in jeopardy. Why does this constitute a danger to the rule of law? In order ro work, the rule of law depends upon our citizens' acceptance of the fairness and justice of our system. Justice Sandra Day O'Connor of the U.S. Supreme Coun commented that the Court has no army to enforce its opinions. It must count on the public to carry out its decisions by respecting the rule of law. The dear implication is that, if the majority does

not respect the rule of law that makes our country great, it is in danger. Minorities have special complaints aboUt our system of justice that differ from the rest of the population. More specifically, they view our system of justice not so much as their means to receive justice as it is for Caucasians of European descent. Any of the minority complaints which have merit, of course, need to be specifically addressed. Waiting several generations for minority groups to become assimilated into our society, like immigrants in the past, is not an option. The threat demands that we do what is necessary to solve, correct and overcome any deficiencies and change erroneous perceptions. As important as the complaints of minorities may be, it underscores the fact that many of our citizens lack background and understanding of the principles that have provided us with over 200 years of the rule of law. The larger issue involved is that not only do some members of minority groups not subscribe ro our court system, but that many of the citizens of the United States do not know very much aboUt their rights, the Constitution, and the rule of law. The more distant it is since the time of the founding of our nation to the present time, the more we seem co have lost sight of the imponance of the safeguards provided by the rule of law. Justice and fairness of our system is taken for granted. We have enjoyed our rights for so long, we have come co assume that we have always had them. Such is not the case. The concepts underlying the rule of law were not just invented in 1776 or 1789. They grew OUt of many years of experience of our ancestors who were subjected to different forms of governments of monarchies and absolute rulers. They suffered under feudal serfdom and persecution for daring to speak, for religious

It is only if all of our people, minority and majority, understand their rights that they can know when their rights are being infringed by legislation or actions of others, acting officially or otherwise. Bad laws frequently come from good intentions. beliefs and Other personal libenies we now enjoy. Our rights were hard won at great risk and great sacrifice over many years by our forefathers. Those rights (hat became our rule of law were the means of getting fairness and justice when faced with accusation and imprisonmem without recourse and the prospect of loss of property, harsh treatment or death from arbitrary and unreasonable actions. The only way to perpetuate the rule of law is for all of LIS [0 understand, minority and majority members, our system of government and our history. Our knowledge and understanding must come from education. Schools are naturally the prime source for providing this education. However, little time is spent in educating

Vol. 38 No. I/Winter 2003

President's Report Continued on page 44

n,e Arbnsas Lal'Yer

3


Executive Director's Report

Your Password is Waiting by Don Hollingsworth email: dhoHingsworth@arkbar.com OUf new website at www.arkbar.comis a portal to a growing number of resources for Association members and our guests from the general public. From the new Member Directory to the coming Arkansas VersusLaw, exploring OUf site is similar to Alice's journey down the rabbit hole. One never can be sure where it will lead, but each twist and turn can result In a new

discovery. As this column is written, Arkansas VersusLaw is scheduled to go live on our website sometime during late February or March. If it is not live ar the time you read this, mere is a description of this extensive

online law library for our members on our website. This new member benefic is free for Association members. The Member Directory was developed by our Website Oversite Committee which wanted members ro be able ro access up-ro.d..a.tt conract information on individual members, as well as see which atrorneys in a specific city in Arkansas (or another state) are Association members. The direcrory includes a live e-mail link for individual members, thereby enabling one to click on that individuaJ and send him/her an immediate e-mail using your computer's email sofnvare. Only the Member Directory and Arkansas VersusLaw are password protected and thereby restricted ro currenr members of the Arkansas Bar Associadon. The first time you visit either of these pages on the website, you will be prompted to secure your password for furure access. Please note that you may change your password. A helpful fearure of the password system is that once you have logged in to either the Member Directory or Arkansas VersusLaw, you may move in and our of the passwordprotected page to other websites and come back without logging in again, as long as your browser has remajned open.

The new website enables members to be involved in the legislative process. The Legislative Advocacy Network was established by the Association as part of its increased capacity ro represenr the legal profession and work for improvements to the legal system. Find out more by clicking on Legislative Matters on the left side menu bar. For a complete listing of member benefits, click on Member Benefits to see the variety of services and products provided to the members of the Arkansas Bar Association. AcruaJly, the list is so long mat there arc twO Member Benefits back pages, rhe Overview page and Other Services page. Online Services on our website will continue to expand. One can renew their dues online, post or search for jobs at our Legal Career Center, and search the back issues of Tlu Arkansas Lnwya to itS beginning in 1967. This larrer service is provided by the Law Library ar the UALR Bowen School of Law. Another new category on our website is Professional Resources which has important links, ethics information, Sections and Committees. The new Ethics Information page includes the Advisory Ethics Opinions issued by our Professional Ethics Committee and a link to ETH ICSearch. There will be increased visibility on the website for the Annual Meeting, CLE events, rhe practice handbooks, and arkansasfindalawyer速.com. There is a growing number of back pages for the general public including the Mock Ttial program, legal pamphlets, law links, legal services for the poor, and disaster legal assistance. The new website would nor be a reality without the leadership, expertise and hard work of our Websire Oversite Committee

whose members are Karen Sharp Halbert, Chair, William G. Almand, Annamary Dougherry, DOllna L. Gay, Claude S. Hawkins. Tim Holthoff, Robert D. Ross, E. Shane Springs, and Tim Tarvin. Special thanks go to Chair Karen Halbert and Immediate Past Chair Tim Hol[hoff for the many hours they expended to finalize the website. I deeply appreciate also the help of the Association staff who worked on the project.

Passwords Here is a tip on selecting a password for the growing number of websites which require sllch. \Y/e should know never [Q leave a list of our passwords laying around the office, especially near our computer. To help avoid a list of your passwords being discovered by someone else, you mighr follow the strategy of using me same (wo digit number at the end of each of our passwords. Then when you wrire down each password for handy reference, simply leave off the last twO digits. By the way, one may change her/his password on our website. And if you have questions or problems on the websire, feel free to comact our Webmaster, Rando Hicks, at rhicks@arkbar.com or (501) 3754606 or our instate toU free number at

(800) 609-5668.

MEETING DATES HOUSE OF DELEGATES

June 14,2003 BOARD OF GOVERNORS April 11-12,2003

Vol. 38 No. I/Winler 2003

n,e Arkansas Lawyer

5


The POWER of Legislative Advocacy Network

New Member Directory

Association Members are encouraged to Paniciparc

New Member Direccory

in chis Electronic Network by clicking on Legislative

on www.arkbar.com

Advocacy Network at www.arkbar.com.

Access Restricted to Association Members

ParricipalHs will receive Alens on Pending

Most Up-co-date and Accurate Contact

Bills which affect the Legal System and will be able

Information for Arkansas-Licensed Anorneys (whether residing in

to email their Representative and Senaror in the Arkansas GeneraJ Assembly.

Arkansas or out of state).

including LIVE email addresses

Mailing Labels The Association maillcains rhe largest and most accurate database of Arkansas attorneys. To purchase mailing labels of members ar a discount, call (50 I) 375-4606.

Legal Career Center The Arkansas Bar Association is proud to offer the area's largest online legal career center - the centralized location where employers, lawyers and suPPOrt staff meet. Search by position, years of experience, areas of law, location and more! Go to www.arkbar.com and click on the Legal Career Center.

Practice Handbooks Have it Your way.' Customize Your Library ofAssociation Handbooks to Suit Ytmr Personal Style Selecr from among print offerings including the Arka.l1sas Form Book, Domestic Relations, Debtor/Creditor, Probare Law, Handling Appeals or Real Est3te Tide Srandards in Arkansas.

OR Choose the Arkansas Form Book, Debtor/Creditor or Probate Law Handbooks in word processing formar.

OR Opr for the simplicity of a CD ROM containing anyone or any combination of the following: Arkansas Form Book, Debtor/Crediror, Probate Law, Handling Appeals in Arkansas or Real Estare Title Srandards in Arkansas. The handbooks are also available in the Arkansas Secondary Law Menu from LexisNexis™ ar www.Jexis.com. To order call 501-375-4606 or 800-609-5668, email

rhicks@arkbar.com, or visit www.arkbar.com for further information.

6 TI,e Arkansas Lawyet

www.arkbar.com

Legal professionals desiring a job change can submit their resume online, on a confidential basis if desired. Employers can recruit top legal professionals at a much lower cost than an ad in the local paper.


our Membership arkansasfindalawyer'

Insurance Discounts

An on-line atrorney direcrory for Association

CaB Rebsamen Insurance at 501-664-8791 or 888-272-6656 for Association discounts on: • Professional Liability • Group Term Life Insurance • Accident • Hospital Indemnity

members only. Review the directory by going ro

www.arkansasfindalawyer.com

Over 40,000 Hits per month

• Overhead Expense

Call 501-375-4606 to join

• Disability Income • Long-Term Care • Critical Illness

CLE Seminars at Reduced Cost

Delivery Service

The cornerstone of an

Call UPS at 800-325-7000 and identify yourself as a member of the Arkansas Bar Association, or use account #CP29000 J 685.

anomey's professionalism is up-fo-date information and skills. The Arkansas Bar

Association provides the most comprehensive statewide CLE program, and members pay reduced tuition!

Retirement Plan ABA Members Retirement Program. Call 800-826-8901 or visit the website at www.abaretirement.com.

Credit Card Program

Annual Meeting

The MBNA Platinum

The

Plus MasterCard includes

Annual Meeting of the

a card with the Arkansas Bar Association logo, no

annual fee, miles plus option, a low APR and

Association each June is attended by over 1,000 Arkansas attorneys and

travel services.

hundreds of family members.

Call

It is one of the premier

800-847-7378

Annual Meetings in the

for an application.

United States.

Publications FREE to Members • Anllual Membership Directory alld Organizatiotlltl Guide Guide 10 ArkomflS Statute of Limitotio1lS Th~ Arkamas Th~

Latvyu

Newsbu/ktin

• Arkansas Law Review UALR Law Review Legislatiu Summary from the Hill

Advisory Ethics Opinions It's nOt always black and white. In the practice of law, there's a lor of gray. Your Association's ProfessionaJ Ethics and Grievance Committee can help. Within specific guidelines, the Committee will issue an opinion on the member's proposed conduct. There is an administrative charge of $50. For derails visit

Lexis-Nexis

On-line legal research trom Lexis-Nexis is discounted tor members. Visit www.lexis.com or caJi 800-356-6548.

Section Web Pages

The Sections of the Arkansas Bar Association now have their own web pages at www.arkbar.com. Click on Professional Resources and then click on Sections.

www.arkbar.com

Booklets & Guides Consumer Law Handbook Senior Citizens/Caregivers Guide Small Claims Court pamphlet Arkansas Veterans' Handbook Handbook for Personal Representatives Call 501-375-4606 to order or download from

www.arkbar.com

Room Association members can utilize the conference room at the Arkansas Bar Center for client meetings, depositions and similar marrers. Contact the Association office ar 501-375-4606 or 800-609-5668. The room has seating for 12 to 14 persons. The Bar Ccnrer is located across the Street from the Pulaski County Courthouse.

Vol. 38 No. I/Winler 2003

TI,e Arkansas l.awyer

7


The Circuit Judges of Arl<ansas The Editorial Advisory Board of The Arkansas Lawyer is pleased to feature the 2003 Circuit Judges of Arkansas. With the passage of Amendment 80 co the Arkansas Constitution, Arkansas now has a unified state trial court system for the first time in over a century. This issue of The Arkansas Lawyer will acquaint attorneys with the new and returning circuit judges who now have the authority to hear all types of cases, whether equity or law. The other courts in the state judiciary are the Supreme Court of Arkansas and the Arkansas Court of Appeals, whose jurisdictions were significantly altered by Amendmenr 80.

nOt

Supreme Court Justices Chief Justice W.H. "Dub" Arnold, Justice Robert Brown, Justice Donald L. Corbin, Justice Tom Glaze, Justice Jim Hannah, Justice AnnabeJle Clinton Imber and Justice Ray Thormon

Court of Appeals Judges ChiefJudge John F. Srroud, Jr., Judge Karen Baker, Judge Sam Bird, Judge Terry Crabrree, Judge Bob Gladwin, Judge Wendell Griffen, Judge Jo Harr, Judge ally Neal, Judge John Pirtman, Judge Andree Roaf, Judge John Robbins and Judge Larry D. Vaughr

We extend special appreciation to the Administrative Office of the Courts and its CoordinatOr of Public Education/Publications, Karolyn Bond, for their invaluable assistance in making this issue possible. Anne Conaway, Edicor

Sruart Miller, Chair Edicorial Advisory Board

The Arkansas Lawyer

19E

19W

14 16

21

20

12

17

15

1 6 18E

18W

22 lIE

7

lIW

9W

9E

8N

8S

8 TIle Arkansas la"ycr

www.arkbar.com

13

10


FIRST JUDICIAL CIRCUIT Cross, Lee, Monroe, Phillips, 51. Francis, Woodruff Honorable L.T. Simes

n

Honorable Harvey L. Yates Primary Office:

Primary Office:

Honorable Bentley E. Story Primary Office:

West Helena

Helena

Years as a Circuit

Years as a Circuit

Forrest City Years as a Circuit

and/or Chancery Judge: 6 Years Practicing Law: 21 Areas of Practice:

and/or Chancery Judge: 20 Years Practicing Law: 9 Areas of Practice:

and/or Chancery Judge: 19 Years Practicing Law: 6 Areas of Practice:

Constitutional lawt personal injury and bankruptcy

Personal injury, probate and bankruptcy

General practice

Law School: Uof A Hobbies: Singing, recording albums and

Law School: U of A Hobbies: Hunting, fishing and gardening

Law School: Memphis State University Law School Hobbies: Music and reading

playing bass guitar

Honorable Baird Kinney Primary Office:

Honorable Kathleen Bell Primary Office:

Forrest City

Helena

Years as a Circuit and/or Chancery Judge: 12

Years as a Circuit

Years Practicing

and/or Chancery Judge: 14 Law School:

Law: 10 Areas of Practice:

School of Law

Washington University

Domestic relations,

negligance law and juvenile court

Where the Bench & Bar Gather 105th Annual Meeting June 11-14, 2003 Arlington Hotel, Hot Springs

Law School: U of A Hobbies: Working with animal shelters to

www.arkbar.com

place dogs with juveniles for free, fishing and listening to the "oldies"

SECOND JUDICIAL CIRCUIT Clay, Craighead, Crittenden, Greene, Mississippi, Poinsett Honorable David N. Laser Primary Office: Jonesboro Years as a Circuit and/or Chancery Judge: 4 Years Practicing Law: 31 Areas of Practice:

Honorable William Lee Fergus Primary Office:

Honorable David Burnett Primary Office:

Osceola

Jonesboro

Years as a Circuit and/or Chancery Judge: 1.5 Years Practicing Law: 26

Years as a Circuit and/or Chancery Judge: 19 Years Practicing Law: 17 Areas of Practice:

Areas of Practice:

products liability and medical injury

Personal injury, real estate and social security disability

Family law, personal injury (plaintiff) and crirflinal

Law School: Uof A Hobbies: Grandaddying, cooking and

Law School: Uof A Hobbies: Cycling and computers

Law School: U of A Hobbies: Hunting/ fishing and cooking

Automobile accidents,

mowing

Vol.

38 No. I/Wintcr 2003

TI,C Arkansas La\\ycr

9


SECOND JUDICIAL CIRCUIT ClaYI Craighead, Crittenden, Greene, Mississippi, Poinsett

Honorable Rice Van Ausdall Primary Office: Harrisburg

Years as a Circuit and/or Chancery Judge: 16 Years Practicing Law: 23 Areas of Practice:

Domestic relations, probate and civil litigation Law School: U of A

Honorable Ralph Wilson Jr. Primary Office: Osceola Years as a Circuit and/or Chancery Judge: 13 Years Practicing Law: 14 Areas of Practice: Family lawl criminal defense and business law

Law School: U of A

Hobbies: Kiwanisl travel and sports

Honorable Victor L. Hill Primary Office: West Memphis

Years as a Circuit and/or Chancery Judge: 2 Years Practicing Law: 15 Areas of Practice: General civil, domestic and voting rights Law School: UALR Bowen School of Law Hobbies: Martial arts, bodybuilding and

chess

Honorable David Goodson Primary Office: Paragould

Years as a Circuit and/or Chancery Judge: 11 Years Practicing Law: 14 Areas of Practice: Criminal defense, domestic relations and general litigation Law School: U of A Hobbies: Travel, bridge and formerly golf

Honorable John N. Fogleman Primary Office: Marion Years as a Circuit and/or Chancery Judge: 8 Years Practicing Law: 13.5 Areas of Practice:

Honorable Pamela Honeycult Primary Office: Jonesboro

Commercial and personal injury litigation, deputy prosecuting

Domestic law, criminal law and district court judge

attorney Law School: U of A

Law School: U of A (J.D.l; Emory University (L.L.M.)

Hobbies: Running/ golf and gardening

Years as a Circuit and/or Chancery Judge: 0 Years Practicing Law: 16 Areas of practice:

Hobbies: Remodeling older homes, riding motorcycles and gardening

Honorable Larry B. Boling Primary Office: Jonesboro Years as a Circuit and/or Chancery Judge: 0 Years Practicing Law: 31 Areas of Practice:

WOMACK, LANDIS, PHELPS, McNEILL & McDANIEL A Professional Association

-

AlTORNEYS AT LAW THE FIRM ANNOUNCES THAT

DUSTIN H. JONES

Probate, domestic

HAS COMMENCED PRACTICE AS A MEMBER OFTHE FIRM

relations and real estate Law School: Memphis State University School of Law Hobbies: Woodworking and reading

C. David Landis John V. Phelps Paul D. McNeill Lucinda McDaniel Richard Lusby Jeffrey W. Puryear Mark A. Mayfield D. Chris Gardner J. Rogers McNeil Pamela A. Haun

Tom D. Womack

I'hone (870) 932-0900 Telefaesimile (870) 932-2553

10 11,e Arbnsas Lawyer

www.arkbar.com

1'.0. Box 3077 30 I West Washington Joncsboro,AR 72401

www.wlpmm-firm.com


THIRD JUDICIAL CIRCUIT Jackson, Lawrence, Randolph, Sharp Honorable Harold S. Erwin Primary Office: Newport Years as a Circuit and/or Chancery Judge: 16 Years Practicing Law: 13 Areas of Practice: Trial practice, municipal law and deputy prosecuting

attorney Law School: U of A

Honorable Kevin N. King Primary Office: Hardy Years as a Circuit and/or Chancery Judge: 0 Years Practicing Law: 23

Areas of Practice: Wills and trusts, real estate and municipal judge Law School: U of A Hobbies: Travel, sports and coaching youth sports programs

Honorable Philip G. Smith Primary Office: Pocahontas Years as a Circuit and/or Chancery Judge: 2 Years Practicing Law: 21 Areas of Practice: Real estate, probate

and local government Law School: UALR Bowen School of Law

FOURTH JUDICIAL CIRCUIT Madison, Washington Honorable William A. Storey Primary Office: Fayetteville Years as a Circuit and/or Chancery Judge: 13 Years Practicing Law: 21 Areas of Practice: Personal injury,

Honorable Kim M. Smith Primary Office: Fayetteville Years as a Circuit and/or Chancery Judge: 16 Years Practicing Law: 11 Areas of Practice: Deputy prosecuting

commerical and family law litigation

attorney and prosecuting attorney

Law School: U of A Hobbies: Spending as much time as possible with his three grandchildren

Law School: U of A Hobbies: Golf, fishing and hunting

Honorable Mary Ann Gunn Primary Office: Fayetteville Years as a Circuit and/or Chancery Judge: 4 Years Practicing Law: IB Areas of Practice: Family law, criminal and personal injury Law School: U of A Hobbies: Hunting, riding motorcycles and knitting

Honorable Michael H. Mashburn Primary Office: Fayetteville Years as a Circuit and/or Chancery Judge: 2 Years Practicing Law: 26 Areas of Practice: Business litigation, environmental law and tort litigation Law School: U of A

Honorable Stacey Zimmerman Primary Office: Fayetteville Years as a Circuit and/or Chancery Judge: 4 Years Practicing Law: 11 Areas of Practice: Family law and juvenile law Law School: Texas Tech University Law School lJ.D.J; U of A lLLM) Hobbies: Camping and hiking

Honorable Mark Lindsay Primary Office: Fayetteville Years as a Circuit and/or Chancery Judge: 2.5 Years Practicing Law: 21 Areas of Practice: Family law, business law and general civil litigation Law School: U of A Hobbies: Goif, reading and travel

Vol. 38 No. I/Wintcr 2003

The Arkansas I.a":)'er

Ii


FIFTH JUDICIAL CIRCUIT Franklin, Johnson, Pope

Honorable John S. Patterson Primary Office: Clarksville

Honorable Richard E. Gardner Jr. Primary Office: Russellville

Years as a Circuit

Years as a Circuit

and/or Chancery Judge: 19 Years Practicing law: 12 Areas of Practice:

and/or Chancery Judge: 12 Years Practicing law: 19 Areas of Practice:

Criminal, civil and

Civil路 domestic

domestic relations

law School: U of A Hobbies: Hunting and raising Simmental

relations and probate law School: University of Tulsa Hobbies: Golf

cattle

Honorable Ken D. Coker Jr. Primary Office: Russellville Years as a Circuit and/or Chancery Judge: 3 Years Practicing law: 12

Areas of Practice: Family law, debtor/creditor and estate planning

law School: UALR Bowen School of Law Hobbies: Coaching youth sports, gardening and nature photography

Honorable Dennis C. Sutterfield Primary Office: Russellvi lie

Years as a Circuit and/or Chancery Judge: 2 Years Practicing law: 20 Areas of Practice: Family law, estate

Louis Ramsay Jr. Chairman, Executive Committee Simmons First National Corporation. Pine Bluff on his Induction into the

law and civil

law School: U of A Hobbies: Walking and fishing

Sam M. Walton College of Business Administration Arkansas Business Hall of Fame.

SIXTH JUDICIAL CIRCUIT Perry, Pulaski

Honorable Marion A. Humphrey Primary Office: Little Rock Years as a Circuit and/or Chancery Judge: 10 Years Practicing law: 8 Areas of Practice: Employment

Honorable Chris Piazza Primary Office: Little Rock Years as a Circuit and/or Chancery Judge: 12 Years Practicing law: 16 Areas of Practice:

discrimination, criminal and personal injury

prosecuting attorney law School: U of A Hobbies: Running, biking and golf

law School: U of A Hobbies: Tennis, singing and browsing through newspapers

12 TI,e Arkansas L.aI\}'Cr www.arl<bar.com

Criminal law and

Honorable James 'Jay' M. Moody Jr. Primary Office: Little Rock Years as a Circuit and/or Chancery Judge: 0 Years Practicing law: 13 Areas of Practice: Personal injury, products liability and general litigation

law School: UALR Bowen School of Law Hobbies: Biking, fishing and camping


Coming to the 105th Annual Meeting of the

Arkansas Bar Association June 11-14, 2003

Clarence Darrow Crimes, Causes & the Courtroom A spellbinding and realistic character portrait of Darrow and his deeply held beliefs and hard fought courtroom battles. This solo performance by Graham Thatcher, replete with humor, humanity, and intense courtroom drama, engages the audience in some of the great defense lawyer's most famous cases.

DERRICK DAVIDSON, PA. W.W. ELROD II, PA. JOHN P GILL, PA. RICHARD L. LAWRENCE, PA. DRAKE MANN MARIE-B. MILLER, PA. CHARLES C. OWEN, PA. HEARTSILL RAGON III, PA. W. BRAOFORD SHERMAN CHRISTOPHER L. TRAVIS

GILL ELROD RAGO OWE

SHERMAN, P.A. ATTORNEYS

JUDY P MCNEIL ROGER H. FITZGIBBON, JR. MONICA L. MASON T. DANIEL GOODWIN MATTHEW B. FINCH DYLAN H. POTTS CHAD M. AVERY SEAN W. STROD E JOHN B. THURMAN, PA., COUNSEL JOHN A. FOGLEMAN, OF COUNSEL

We take great pleasure in welcoming to our Firm Christopher L. Travis

Richard L. Lawrence

Derrick Davidson

as shareholders, John B. Thurman

as counsel, and Dylan H. Potts

Sean W. Strode

Chad M. Avery

as associates. 425 West Capitol Avenue, Suite 3801, Little Rock, Arkansas 72201 Phone (501) 37&-3800 Fax (501) 372-3359 Website: www.gill路law.com

Vol. 38 No. I/Winler 2003

The Arkansas I.a,'!)'er

13


ROSE lAW FIRM Welcomes Its Newest Associates:

Andy Adams (Environmental Law and Commercial Law), Jason Thomas (Taxation and Estate Planning), Robyn Allmendinger (Commercial Law), B.J. Walker (Litigation), and Ryan Solomon (Litigation)

Rose Law Firm a Professional Association

120 East Fourth Street

Little Rock, Arkansas 72201·2 93 Telephone (50 I) 375·9131 Fax (501) 375·1309 www.roselawfinn.com


SIXTH JUDICIAL CIRCUIT

Perry, Pulaski Honorable John Langston Primary Office: Little Rock Years as a Circuit and/or Chancery Judge: 21

Honorable Willard Proctor Jr. Primary Office: Little Rock

Years as a Circuit

Law: 16 Areas of Practice:

and/or Chancery Judge: 1 Years Practicing Law: 13 Areas of Practice:

Civil, criminal and

Personal injury

Years Practicing

domestic relations

Law School: U of A Hobbies: Golf and computers

Honorable Barry A. Sims Primary Office: Little Rock

Years as a Circuit and/or Chancery Judge: 0 Years Practicing Law: 17 Areas of Practice: North Little Rock

Honorable Timothy Davis Fox Primary Office: Little Rock Years as a Circuit and/or Chancery Judge: 0 Years Practicing Law: 21 Areas of Practice: Class action litigation,

(plainliff), criminal defense and civil rights Law School: Tulane Univ. School of Law Hobbies: Fishing and bowling

domestic relations and municipal law

Honorable Wiley A. Branton Jr. Primary Office: Little Rock Years as a Circuit and/or Chancery Judge: 10 Years Practicing Law: 15 Areas of Practice: Employment

Honorable Mary Spencer McGowan Primary Office: Little Rock

Law School: U of A

Years as a Circuit and/or Chancery Judge: 12 Years Practicing Law: 16 Areas of Practice:

district judge Law School: UALR Bowen School of Law

discrimination, personal injury and general

Chai rman, Arkansas Board of Review (quasijudicial); civil and

litigation

domestic relations

Hobbies:

Law School:

Camping, reading and gardening

Honorable Joyce Williams Warren Primary Office: Little Rock Years as a Circuit and/or Chancery Judge: 13

Georgetown University Law

Hobbies: Travel, bridge and sporting activities

Honorable Rita Williamson Gruber Primary Office: lillie Rock

Honorable Alice S. Gray Primary Office: Little Rock

Years as a Circuit

Years as a Circuit

and/or Chancery Judge: 11

and/or Chancery Judge: 10

Years Practicing

Years Practicing

Years Practicing

Law: 6.5 Areas of Practice:

Law: 10 Areas of Practice:

Law: 8.5 Areas of Practice:

Commercial, domestic

Juvenile law, domestic relations and probate

Law School: UALR Bowen School of Law

Hobbies:

Law School: U of A

Center

Reading, watching movies and

collecting antique items

Contracts, family law

relations and probate Law School: UALR Bowen School of Law Hobbies: Physical fitness, Bible study and

and criminal law

pleasure reading

activities

Law School: UALR Bowen School of Law

Hobbies: Reading, baseball and family

Vol. 38 No. I/Winter 2003

TI,e Arkansas Lawyer

15


SIXTH JUDICIAL CIRCUIT Perry, Pulaski Honorable Collins Kilgore Primary Office: Little Rock Vears as a Circuit and/or Chancery Judge: 12 Vears Practicing Law: 12 Areas of Practice: Civil Law School: UALR Bowen School of Law Hobbies: Reading

Honorable Ellen Bass Brantley Primary Office: Little Rock Vears as a Circuit and/or Chancery Judge: 16 Years Practicing Law: 2+ Areas of Practice: Legal education, employment discrimination and utilities regulation Law School: University of Virginia

Hobbies: Walking, reading and travel

Honorable Vann Smith Primary Office: Little Rock

Years as a Circuit and/or Chancery Judge: 13 Years Practicing Law: 13 Areas of Practice: Domestic, civil and

probate Law School: U of A Hobbies: Coaching baseball and travel

Honorable Mackie Pierce Primary Office: Little Rock Years as a Circuit and/or Chancery Judge: 4 Years Practicing Law: IB Areas of Practice:

Domestic relations, probate and criminal

Law School: U of A Hobbies: Duck hunting, snow skiing and collecting wildlife art

Honorable Richard N. Moore Jr. Primary Office: Little Rock Vears as a Circuit and/or Chancery Judge: 0

Years Practicing Law: 28 Areas of Practice: Personal injury, criminal defense and domestic

Law School: U of A

Hobbies: Tennis and reading

C~~~()Arkansas Bar

Association

www.arkbar.com Member Directory Arkansas VersusLaw arkansasfindalawyer

SEVENTH JUDICIAL CIRCUIT Grant, Hot Spring Honorable Chris E. Williams Primary Office: Malvern Vears as a Circuit and/or Chancery Judge: 0 Vears Practicing Law: 21 Areas of Practice: Domestic relations, civil and criminal Law School: U of A Hobbies: Hunting and boating

16 TIle Arkansas La\\)'er

www.arkbar.com

Online Dues Payment

Honorable Phillip H. Shirron Primary Office:

CLE seminars

Sheridan

Vears as a Circuit and/or Chancery Judge: 14 Vears Practicing Law: 12 Areas of Practice: Domestic relations, criminal and civil

Law School: UALR Bowen School of Law Hobbies: Traveling , fishing and hunting

Practice Handbooks Legal Career Center The Arkansas Lawyer


EIGHTH NORTH JUDICIAL CIRCUIT Hempstead, Nevada

Honorable James H. Gunter Primary Office: Hope

Honorable Duncan Culpepper Primary Office: Prescott

Years as a Circuit

Years as a Circuit

and/or Chancery Judge: 20

and/or Chancery Judge: 4

Years Practicing

Years Practicing Law:

law: 10 Areas of Practice:

Areas of Practice:

Civil trials, criminal

(as prosecutor) and probate Law School: University of Houston

Hobbies: Flying, golf and genealogy

19 Civil, criminal and

domestic law School: U of A Hobbies: Hunting and fishing

EIGHTH SOUTH JUDICIAL CIRCUIT Lafayette, Miller

Honorable Joe E. Griffin Primary Office:

Honorable Jim Hudson Primary Office:

Honorable Kirk D. Johnson Primary Office:

Texarkana

Texarkana

Texarkana

Years as a Circuit

Vears as a Circuit and/or Chancery Judge: 12

Vears as a Circuit and/or Chancery Judge: 0

Years Practicing law: 10

Years Practicing

and/or Chancery Judge: 12 Vears Practicing law: 16 Areas of Practice: General practice, Texarkana city attorney and Texarkana municipal judge

General

law School: SMU, Dallas, Texas

criminal and personal injury law School: U of A Hobbies: Golf, water skiing and snow skiing

Hobbies: Hunting and working

law School: U of A Hobbies: Hunting and fishing

NINTH EAST JUDICIAL CIRCUIT Clark Honorable John A. Thomas Primary Office: Arkadelphia Vears as a Circuit and/or Chancery Judge: 4 Vears Practicing law: 18 Areas of Practice: Deputy prosecutor,

law: 28 Areas of Practice: Domestic relations,

Areas of Practice:

NINTH WEST JUDICIAL CIRCUIT Howard, Little River, Pike, Sevier

Honorable Ted Capeheart Primary Office: Ashdown

Honorable Charles Veargan Primary Office:

Years as a Circuit

Murfreesboro Years as a Circuit

and/or Chancery Judge: 20 Vears Practicing law: 8 Areas of Practice:

and/or Chancery Judge: 6 Vears Practicing law: 20 Areas of Practice: Criminal, probate and

prosecutor and municipal judge

Criminal, domestic relations and workers camp

law School: U of A Hobbies: Hunting

law School: U of A

law School: U of A

Hobbies: Traveling, golf and fishing

Hobbies: Traveling, reading and stamp collection

domestic relations

Vol. 38 No. I/Winler 2003

n,e Arkansas La"Yer

17


TENTH JUDICIAL CIRCUIT Ashley, Bradley, Chicot, Desha, Drew

Honorable Sam Pope Primary Dffice: Hamburg

Honorable Robert C. Vittitow Primary Office: Warren

Years as a Circuit

Years as a Circuit

and/or Chancery Judge: 8

and/or Chancery Judge: 14

Years Practicing

Years Practicing

Law: 15 Areas of Practice:

Law: 20 Areas of Practice: Domestic relations,

Prosecuting attorney,

Honorable Robert Bynum Gibson Primary Office: Monticello

Years as a Circuit and/or Chancery Judge: 4 Vears Practicing Law: 24 Areas of Praclice: Criminal, personal

civil and criminal general practice, and poverty law

civil and probate

injury and domestic

Law School: Tulane School of Law

Law School: U of A

Law School: U of A

Hobbies: Reading, golf and watching the Yankees

Hobbies: Reading, hunting and fishing

ELEVENTH EAST JUDICIAL CIRCUIT Arkansas

Honorable Don E. Glover Primary Office: McGehee Years as a Circuit and/or Chancery Judge: 10 Vears Practicing Law: 19

Honorable Jerry Mazzanti Primary Office: Lake Village Vears as a Circuit and/or Chancery Judge: 17

Areas of Practice:

Areas of Practice:

Criminal, personal injury and Dermott municipal judge

Law School: Howard University Hobbies: Reading, jogging and spending time with family

Years Practicing Law: 15 Deputy prosecuting attorney, criminal defense and general civil practice

Law School: U of A

Honorable David G. Henry Primary Office: Stuttgart Years as a Circuit and/or Chancery Judge: 0 Years Practicing Law: 27 Areas of Praclice: Business; wills, trusts and estates; and real estate

Law School: U of A Hobbies: Flyfishing and duck hunting

Hobbies: Reading, walking and playing with his granddaughter

Is your contact inftrmation ftr other attorneys correct?

Click on Member Directory www.arkbar.com

S""

18 n,e Arkansas La""e,

www.arkbar.com


ELEVENTH WEST JUDICIAL CIRCUIT

Jefferson, Lincoln Honorable Berlin C. Jones Primary Office: Pine Bluff

Honorable H. A. Taylor Primary Office:

Honorable William W. Benton Primary Office:

Pine Bluff

Pine Bluff

Years as a Circuit

Years as a Circuit

Years as a Circuit

and/or Chancery Judge: 11.5

and/or Chancery Judge: 27 Years Practicing Law: 9 Areas of Practice:

and/or Chancery Judge: 0 Years Practicing Law: 29 Areas of Practice:

Years Practicing Law: 16 Areas of Practice:

General, Judge

Municipal law, criminal defense and prosecution, and

Advocate (JAG) U.S. Army and Pine Bluff

property and contracts

city attorney

Law School: University of Illinois

Law School: U of A Hobbies: Reading, hunting and fishing

Hobbies: Restoring antique automobiles, football and reading

Honorable Leon N. Jamison Primary Office: Pine Bluff

â&#x20AC;˘..,

Law School: UALR Bowen School of Law Hobbies: Reading, hunting and fishing

Honorable Fred D. Davis III Primary Office: Pine Bluff

Years as a Circuit and/or Chancery Judge: 9 Years Practicing Law: 16 Areas of Practice:

.\

..Ii'"

.

j

..

General civil, criminal

Bankruptcy, family law and social security

Honorable Thomas E. Brown Primary Office: Pine Bluff

Years as a Circuit

Years as a Circuit

and/or Chancery Judge: 14 Years Practicing Law: 16 Areas of Practice:

and/or Chancery Judge: 12

Years Practicing Law: 13

Areas of Practice: Criminal, chancery

Criminal, civil and

and bankruptcy

domestic relations

and juvenile

Law School: U of A

Law School: U of A Hobbies: Hunting, following his children's

Law School: U of A Hobbies: Reading and hunting

activities and radio broadcasting high school

football and basketball games

TWELFTH JUOICIAL CIRCUIT Sebastian

Honorable Norman Wilkinson Primary Office: Fort Smith Years as a Circuit and/or Chancery Judge: 6 Years Practicing Law: 16 Areas of Practice:

Honorable Jim D. Spears Primary Office: Fort Smith

Honorable Harry A. Foltz Primary Office: Fort Smith

Years as a Circuit

Years as a Circuit

and/or Chancery Judge: 16 Years Practicing Law: 13 Areas of Practice:

and/or Chancery Judge: 10 Years Practicing Law: 20 Areas of Practice:

Arkansas Social Services attorney, Sebastian Co. legal

Assistant federal public defender during Cuban Relocation

Hobbies: Running, reading and following

attorney and executive director Western Arkansas Legal Services

the stock market

Law School: U of A

(1980-82) and administrative law judge for AWCC Law School: U of A

Probate and chancery, criminal and business

Law School: U of A

Hobbies: Boating and fitness center

Hobbies: Arkansas history, working with Boy Scouts and community development Vol. 38 No. I/Winler 2003

n,e Arkansas Lawyer

19


TWELFTH JUDICIAL CIRCUIT Sebastian Honorable J. Michael fitzhugh Primary Office: Fort Smith

Honorable Mark Hewett Primary Office: Fort Smith

•...... .

1·~

~

,(

Years as a Circuit

Years as a Circuit

and/or Chancery Judge: 12 Years Practicing Law: 14

and/or Chancery Judge: 4

Honorable James R. Marschewski Primary Office: Fort Smith Years as a Circuit and/or Chancery Judge: 4

Years Practicing

Years Practicing

Law: 26 Areas of Practice: US

Law: 25 Areas of Practice: Real estate, probate

Areas of Practice:

Attorney, criminal and

Personal injury,

criminal and family

Law School: U 01 A Hobbies: Travel, fishing and golf

civil trial Law School: U 01 A

and criminal

Hobbies: Outdoor-related activities

Hobbies: Golf, tennis and travel

Law School: John Marshall Law School

THIRTEENTH JUDICIAL CIRCUIT Calhoun, Cleveland, Columbia, Dallas, Ouachita, Union

Honorable Hamilton H. Singleton Primary Office: Camden

Honorable Edward P. Jones Primary Office: EI Dorado

Honorable Edwin A. Keaton Primary Office: Camden Years as a Circuit

Years as a Circuit

Years as a Circuit

and/or Chancery Judge: 8 Years Practicing Law: 20 Areas of Practice:

and/or Chancery Judge: 16 Areas of Practice:

and/or Chancery Judge: 3

General practice

Law: 21 Areas of Practice:

Law School: U of A Hobbies: Reading,

Criminal, domestic

golf and fishing

releations and probate

Law School: U of A

Years Practicing

Domestic relations, criminal and bankruptcy

Law School: Fayetteville Hobbies: Golf and reading

Hobbies: Woodworking, reading and

grandchildren

Honorable Carol Crafton Anthony Primary Office: EI Dorado

Magnolia

Honorable David f. Guthrie Primary Office: EI Dorado

Years as a Circuit

Years as a Circuit

Years as a Circuit

and/or Chancery Judge: 9 Years Practicing Law: 9 Areas of Practice:

and/or Chancery Judge: 8 Years Practicing Law: 25 Law School: U of A Hobbies: Collecting

and/or Chancery Judge: 9 Years Practicing Law: 19 Areas of Practice:

Banking law, personal injury and employment law

Law School: U of A Hobbies: Tennis, watching her children participate in sports, etc., and travel

20

Honorable Larry W. Chandler Primary Office:

n,e Arkansas lawyer

www.arkbar.com

sports memorabilia and flower gardening

Civil, probate and domestic relations

Law School: U of A Hobbies: Golf. hiking and family activities


FOURTEENTH JUDICIAL CIRCUIT Baxter/ Boonel Marion, Newton

Honorable Roger V. Logan Jr. Primary Office:

Honorable Gary Isbell Primary Office:

Honorable John Putman Primary Office:

Harrison

Mountain Home

Harrison

Years as a Circuit and/or Chancery Judge: 20 Vears Practicing Law: 14 Areas of Practice:

Years as a Circuit and/or Chancery Judge: 12 Vears Practicing Law: 16 Areas of Practice:

Years as a Circuit and/or Chancery Judge: 0 Vears Practicing Law: 18 Areas of Practice:

Domestic relations,

real estate and probate Law School: U of A

Hobbies: Local and American history

Criminal l domestic relations and probate

Law School: U of A

Criminal, administrative and domestic relations Law School: UALR Bowen School of Law

Hobbies: Fishing, photography and gardening

Honorable Gordon Webb Primary Office:

Handwriting Experts

Yellville / Harrison

Years as a Circuit and/or Chancery Judge: 0 Vears Practicing Law: 26 Areas of Practice: Prosecuting attorney

Law School: Tulane University School of Law

Linda 1. Taylor

Howard (Bear) Chandler

EXAMINATION CONSULTANTS 1765 John Bryant Dr. - Conway, AR 72034 (501)450-6361 Retired from the Arkansas State Crime Laboratory

FIFTEENTH JUDICIAL CIRCUIT

Conway, Logan, Scott, Yell Honorable Paul E. Danielson Primary Office:

Honorable Terry Sullivan Primary Office:

Honorable David H. McCormick Primary Office;

Booneville

Dardanelle

Danville

Years as a Circuit

Vears as a Circuit and/or Chancery Judge: 0 Vears Practicing Law: 23 Areas of Practice:

Vears as a Circuit and/or Chancery Judge: 0 Years Practicing Law: 26 Areas of Practice:

and/or Chancery Judge: 7 Vears Practicing Law: 19 Areas of Practice:

General practice, probate and domestic relations

Domestic relations, workers' compensation and social security

Domestic relations, probate and personal injury

Law School: UALR Bowen School of Law Hobbies; Golf and tennis

Law School: U of A Hobbies: Hunting

Law School: U of A Hobbies: Hunting and fishing

Vol. 38 No. I/Winler 2003

n,e Arkansas Lawyer

21


Old Dog Ulle

fdll Yi- Fawmes leola !jelp

jAQdress If) 1Illp:Jt-".Josweb,SUlle,er,uS/oh/doCS/dnOl.hlml ~

4;1' Online FilinS System

~)llr;ltill1IS

... ,

.'

..

Articles of Incorporation Arkansas SK~..,.oISta'-

The undersigned acting as incOf'POI"ators of a corporation under !tie Arkansas Business Corporation Act (Act 958 of 1987), adopt the following Articles of lncorporabon of sm:h Corporation: First:

The name of the (.'pOlll;o" Is:

~eCompllllY MUlleont.aln \hi 'II"CJfU 'CorpOfalion', "[ncOfJlOfwd", "Company', 'Linuud", or tho .bbr...ialion "Corp.', 'Inct.", ·Co~· Of "W," orW'llnb Of

.bbrfYillion, oflib inlportin Il'tOIhu IVlglLt.le.

New Trick Now, there is a faster, easier way to file corporation documents in Arkansas. The Online Filing System for Corporations, or OFS, was developed by the Secretary of State's office to promote electronic government in Arkansas. OFS is available 24 hours a day, 7 days a week, making the task of filing corporations documents convenient and maybe even fun!

Here is a just a sample of what's available: • Articles of Incorporation for Domestic, Foreign, LLC, and Non-Profit Entities • Registration of a Fictious Name for Domestic, Partnership, and LLC Entities • Registration of a Corporate Name for Domestic and Foreign Corporations • Domestic Corporation Franchise Tax Registration

www.sosweb.state.ar.us © 2001, Information Network of Arkansas.

www.accessArkansas.org


SIXTEENTH JUDICIAL CIRCUIT

Cleburne, Fulton, Independence, Izard, Stone Honorable John Dan Kemp Primary Office:

Honorable John Norman Harkey Primary Office:

Mountain View

Batesville

Heber Springs

Years as a Circuit and/or Chancery Judge: 16

Years as a Circuit and/or Chancery Judge: 11.5 Years Practicing Law: 33.5 Areas of Practice:

Years as a Circuit

Years Practicing Law: 10

Areas of Practice:

and/or Chancery Judge: 12 Years Practicing Law: 21

Areas of Practice:

relations and real estate

General practice personal injury, criminal law and family law

Law School: U of A Hobbies: Golf, landscaping and hiking

Law School: U of A

Law School: U of A

Hobbies: Hunting, fishing and reading

Hobbies: Boating, hunting and reading

Criminal, domestic

,

Honorable Stephen Choate Primary Office:

Domestic relations and

real estate

Honorable Tim Weaver Primary Office: Melbourne

Years as a Circuit and/or Chancery Judge: 0 Years Practicing Law: 13 Areas of Practice: Civil litigation,

arkans

&lawyer.com

To ......

or

,

-17' tI. . . 800 ........

I

~

criminal defense and employment law

Law School: U of A Hobbies: Reading, photography and fishing

â&#x20AC;˘

Arkansas Professional & Judicial Ethics Sixth Edition Professor Howard W. Brill A NECESSITY FOR EVERY LAWYER AND LAW OFFICE NEW for 2003 ALL the rules of professional and judicial conduct with Arkansas annotations. 514 pages. Reasonably priced, $29 + $3 shipping/handling. Order from: M & M Press, PO Box 338, Fayetteville, AR 72702 FAX: 479-582-4265 Email: mm25@arkansas.net Web: www.mandmpress.com Order TODAY!

Vol. 38 No. I/Winter 2003

TI,e Arkansas I.awyer

23


SEVENTEENTH JUDICIAL CIRCUIT Prairie, While

Honorable Bill Mills Primary Office: Searcy

Honorable Robert Edwards Primary Dffice: Searcy

R. Craig Hannah Primary Office: Searcy

Years as a Circuit

Years as a Circuit

Years as a Circuit

and/or Chancery Judge: 8 Years Practicing Law: 23 Areas of Practice:

and/or Chancery Judge: 12 Years Practicing Law: 18 Areas of Practice:

and/or Chancery Judge: 0 Years Practicing Law: 12 Areas of Practice: Real estate,

Personal injury, social security disability and family law

Law School: U of A Hobbies: Working in yard, golf and fishing

Trial practice,

domestic and real estate

commercial transactions and domestic

Law School: U of A

relations

Law School: U of A Hobbies: Attending athletic events, fishing and working in the yard

EIGHTEENTH EAST JUDICIAL CIRCUIT Garland

Honorable John Homer Wright Primary Office: Hot Springs

Honorable Vicki Shaw Cook Primary Office: Hot Springs Years as a Circuit and/or Chancery Judge: 10 Years Practicing Law: 11 Areas of Practice:

Honorable David B. Switzer Primary Office: Hot Springs I;, .: Years as a Circuit ,. and/or Chancery ~; Judge: 12 1 , , , Years Practicing ~ Law: 15 , Areas of Practice: and civil

Law School: U of A

Domestic relations, juvenile public defender and attorney ad litem for children

Hobbies: Tennis and the Razorbacks

Law School: UALR Bowen School of

Hobbies: Yard maintenance

Years as a Circuit

and/or Chancery Judge: 3 Years Practicing Law: 10 Areas of Practice: Criminal, domestic relations and Hot Springs municipal judge

Law

••

Domestic, criminal

Law School: U of A

Hobbies: Hiking trails in Hot Springs, visiting her two children and viewing Market Street movies

EIGHTEENTH WEST JUDICIAL CIRCUIT Montgomery, Polk

Honorable Tom Smitherman Primary Office: Hot Springs Years as a Circuit and/or Chancery Judge: 14 Years Practicing Law: 1& Areas of Practice: Real estate, domestic relations and criminal

Law School: U of A Hobbies: Reading, hiking and traveling

24 The Arkansas lalryer www.arkbar.com

Honorable J. W. Looney Primary Office: Mena

NINETEENTH EAST JUDICIAL CIRCUIT Carroll Honorable Alan D. Epley Primary Office: Berryville

Years as a Circuit andlor Chancery Judge: 0 Areas of Practice:

Years as a Circuit

andlor Chancery Judge: 3+ Years Practicing Law: 25 Areas of Practice: Real estate, domestic

Legal education; agricultural law, contracts and water

law Law School: University of Missouri Kansas City Hobbies: Ranching, reading and international travel

relations and probate

Law School: U of A Hobbies: Reading


NINETEENTH WEST JUDICIAL CIRCUIT Benton

Honorable Tom J. Keith Primary Dffice:

Honorable David S. Clinger Primary Office:

Honorable Jay T. Finch Primary Office:

Bentonville

Bentonvi lie

Bentonvi lie

Years as a Circuit and/or Chancery Judge: 16 Years Practicing Law: 14 Areas of Practice:

Years as a Circuit and/or Chancery Judge: 8 Years Practicing Law: 23 Areas of Practice:

Years as a Circuit and/or Chancery Judge: 5 Years Practicing Law: 7 Areas of Practice:

Criminal, torts and

"iM.....â&#x20AC;˘,' ..

Private practice and

.

Criminal defense,

domestic

Benton/Carroll Co. prosecutor

domestic and civil

Law School: U of A Hobbies: Reading, writing and computing

Law School:

Law School: Case Western

Honorable Xollie Duncan Primary Office:

Fishing} walking and reading

Honorable John R. Scott Primary Office:

Bentonvi lie

Bentonville

Years as a Circuit and/or Chancery Judge: 1 Years Practicing Law: 23 Areas of Practice:

Domestic relations,

Law School: U of A

Hobbies:

Years as a Circuit and/or Chancery Judge: 2 Years Practicing Law: 21 Areas of Practice: probate and civil

U of A

Probate, civil I itigation and domestic relations

Law School: U of A Hobbies: Travel} snow skiing and reading

,

Technical Expertise. Practical Experience.

Vol. 38 No. I/Winter 2003

The Arkansas Lawyer

25


Let Them Know... You Have Arrived.

Whether it's the hard bound "Blue Book", or the online reference, Legal Directories will make your name known inside and out of the legal profession 24 hours a day. We're making it easy for anyone to access contact, biographical and credential information about

yOll

and your firm. Visit us

online and find out how simple research has become. Want to know how you can be at the fingertips of the world?

Contact us:

Arkansas Legal Directories Publishing Company, Inc. P.O. Box 189000 â&#x20AC;˘ Dallas, TX 75218 â&#x20AC;˘ or call: 1-800-447-5375 or visit our website for a complete listing: www.LegaIDirectories.com

It's Within Your Reach.

,


TWENTIETH JUDICIAL CIRCUIT Faulkner, Searcy, Van Buren

Honorable David L. Reynolds Primary Dffice:

Honorable Linda P. Collier Primary Dffice:

Honorable Charles E. Clawson Jr. Primary Dffice:

Conway

Conway

Conway

Years as a Circuit and/or Chancery Judge: 13 Years Practicing Law: 8 Areas 01 Practice:

Years as a Circuit and/or Chancery Judge: 6 Years Practicing Law: 11 Areas 01 Practice:

Years as a Circuit

and/or Chancery Judge: 7 Years Practicing Law: 17 Areas of Practice:

Domestic relations,

Criminal (chief deputy prosecuting attorney) and family law

probate and juvenile

Law School: UALR Bowen School of Law Hobbies: Travel ing, videography and

Law School: UALR Bowen School of Law Hobbies: Traveling, reading and gardening

Civil and criminal litigation, commerical law, and domestic relations

Law School: UALR Bowen School of Law

gardening

TWENTY·FIRST JUDICIAL CIRCUIT Crawford

Honorable Mike Maggio Primary Dffice:

Honorable Gary R. Cottrell Primary Dffice:

Honorable Mike Medlock Primary Dlfice:

Conway

Van Buren

Van Buren

Years as a Circuit

Years as a Circuit

Years as a Circuit

and/or Chancery Judge: 2

and/or Chancery Judge: 0

Years Practicing

Years Practicing

Law: 10 Areas 01 Practice: Debtor I creditor,

Law: 22 Areas 01 Practice:

and/or Chancery Judge: 4 Years Practicing Law: 24 Areas of Practice: Utilities, criminal and

Prosecuting attorney

personal injury, and wills and estates

and general practice

Law School: UALR Bowen School of Law Hobbies: Golf and hunting

Law School: U of A Hobbies: Playing music and watching basketball

domestic Law School: U of A Hobbies: Golf, books and other sports

TWENTY·SECOND JUDICIAL CIRCUIT Saline

Honorable Robert W. Garrett Primary Office: Benton Years as a Circuit and/or Chancery Judge: 18 Years Practicing Law: 9 Areas 01 Practice: Domestic, juvenile and

probate Law School: U of A Hobbies: Boating and hunting

Honorable Gary M. Arnold Primary Dlfice: Benton Years as a Circuit and/or Chancery Judge: 12 Years Practicing Law: 9 Areas 01 Practice: Prosecuting attorney

Honorable Grisham Phillips Primary Dffice:

and general practice

bankruptcy and criminal

Law School: UALR Bowen School of Law Hobbies: Golf

Law School: UALR Bowen School of Law Hobbies: Bass fishing, a-gauge electric

Benton

Years as a Circuit

and/or Chancery Judge: 3 Years Practicing Law: 16 Areas 01 Practice: Personal injury,

trains and bowling

VoL 38 No. I/Winter 2003

TI,e Arkansas Lawyer

17


TWENTY·THIRD JUDICIAL CIRCUIT Lonoke

Honorable Phillip T. Whiteaker Primary Office:

Honorable Lance Hanshaw Primary Office: Lonoke

Lonoke

Years as a Circuit

Years as a Circuit

and/or Chancery Judge: 12 Years Practicing Law: 28 Areas of Practice:

and/or Chancery Judge: 6 Years Practicing Law: 10 Areas of Practice:

Insurance law, commercial law and banking law

general practice and deputy prosecutor

Disabilities law,

Law School: U of A Hobbies: Playing with his five

Law School: UALR Bowen School of Law Hobbies: Scuba diving, hunting and golf

grandchildren, traveling and fishing

ArLAP ARKANSAS LA WYERS ASSISTANCE PROGRAM HELPING LA WYERS FIND PERSONAL SOLUTIONS NOW. '"'

.:

...,

"

'"

".

Assists lawyers and judges, their colleagues and families, struggling with the effects of

, Alcohol & Drug Abuse or Addiction Depression & Other Mental Health Issues Physical Disabilities Aging Issues Confidential Phone 501.907.2529 Confidential Email ArLAPgh@aol.com Website http://www.arlap.org

28 TIle Arkansas la\\yer

www.arkbar.com


CLE CLE CLE CLE CLE CLE CLE CLE CLE CLE CLE CLE CLE CLE CLE

Arkansas Bar Association CLE Calendar February 2003 14

5th Disrrict Trial Practice Simmons Nac'1 Bank EI Dorado 19-21 42nd Annual Natural Resources Law Institute

Ariingwil Hotel Hot Springs

28 Taking rhe Mystery Our of Financial Statements UALR School of Law Lirtle Rock

March 2003 7 HorTopics UALR School of Law Lirtle Rock

Speaker:

20-21 26rh Annual Labor & Employment Law Conference Clarion Resort Hot Springs

April 2003 II

Bankruprcy/Debtor-Creditor UALR School of Law Lin!e Rock

urj.ro~m

1 of Law

23

venue Street) ock

Workers' Compensation UALR School of Law Lin!e Rock

25 Disabiliry Law UALR School of Law Lirtle Rock

For more information, contact Virginia Hardgrave, Arkansas Bar Association, 800-609-5668, 501-375-3957, vhardgrave@arkbar.com OR CHECK OUT THE CLE PAGE at www.arkbar.com

Vol. 38 No. I/Winter 2003

TI,e Arkansas La":}'er

29


judicial Disciplin~IIY Actions AllJudicia! Disciplinary Actions ar~ written and provided by tilt Judicial Discipline and Disability Commission. Full teX(J are available online at www.accessarkansas.org/jddc Judicial Sanctions SPECIAL JUDGE STEPHE P. SAWYER, BENTONVILLE, ARKANSAS September 20, 2002 judge Sawyer was issued a letrer of admonition for an unreasonable delay in deciding a case. judge Sawyer presided at the Benton County Circuit Court case of Concrete Construction v. Lunsford. Afrer a non-jury trial on june I, 2000, judge Sawyer rook the matter under advisement. After several requests for a decision were senr ro him by one of the attorneys, a Writ for Mandamus was filed in the Arkansas Supreme Court requesting judge Sawyer issue a decision in the case. After a twenty (20)-monrh delay, Sawyer issued a ruling. The judicial Discipline and Disability Commission found that Judge Sawyer's delay in deciding this case was unreasonable and a failure to promptly dispose of court business in violation of Canon 3 B (8) of [he Code of judicial Conduct. HELE A DISTRJCT COURT JUDGE

SAM WH ITFI ELD September 20, 2002 Ar its September 20, 2002 meeting. the Arkansas judicial Discipline and Disability Commission accepted the resignation of Helena District Court Judge Sam Whitfield, and his agreement to never serve again in the Arkansas judiciary. Judge Whitfield's resignation was effective August 30, 2002. In accepting this resignation and agreement, the Judicial Discipline and Disability Commission decided that no further action would be taken on the three (3) pending complailHs against judge Whitfield. Those complaints concerned both on and off the bench misconduct. Earlier the judicial Discipline Commission had decided to proceed with a Formal Disciplinary Proceeding on the allegations that were made against Judge Whitfield. However, no findings of faCt were made on those allegations as Whitfield resigned before a factual hearing was held.

30 TI,e Arkansas lawyer www.ar1d>ar.com

CON\XlAY DISTRJCT COURT JUDGE RUSSELL "JACK" ROBERTS November 15, 2002 The Commission considered the evidence developed during the:: investigation of a complaint pending against Judge Roberts. Applying [hat material to rhe Code of judicial Conducr, the Commission found mat there had been conduct that might be cause for discipline, bur for which an informal adjustment is appropriate. In tesponse to a phone call from the mother of a suspect who \vas in police custody and about co be fingerprinted and photOgraphed, judge Roberts asked to speak to the arresting officer. The judge ad"ised the arresting officer that he should seek a warrant for me defendant since the alleged crime did nor take place in the officer's presence. This action was perceived by the officer as judicial advice. and he released the defendant ftOm custody. The Commission understands that Judge Roberts was not representing the suspect. The next day, after a probable cause hearing, a warrant was issued for the suspect. As judge Roberts candidly acknowledged, through his actions. there was some confusion created in this case. judge Roberts has pledged to the Commission that he will refrain from advising law enforcement officials regarding the sufficiency of criminal charges, ~ in the ordinary course of his judicial duties, which include making probable cause determinations pursuam [Q Arkansas law. Although Judge Roberts' intentions may well have been good, the Commission indulges in the expectation that the judge will do his urmost to avoid this eype of situation in the future. ARKANSAS COURT OF APPEALS JUDGE WENDELL L. GRJFFE November 15, 2002 A complailH, which was filed anonymously with me Judicial Discipline and Disability Commission, alleged, inr~r alia, tha< judge Griffen appeared before the Legislative Black Caucus of the Arkansas GeneraJ Assembly at a public hearing that was held March 18, 2002. Subsequenr investigation of that complaint revealed that

judge Griffen's testimony at [hat hearing did not concern rhe law, [he legal system or the administration of justice. In addition, Judge Griffen's appearance was not in connection wim a matter involving himself or his interests as contemplated by Canon 4 (C) (I) of the Code of judicial Conduct. The judicial Discipline & Disability Commission found that Judge Griffen's appearance before the Legislative Black Caucus on March 18, 2002 was in contravention of Canon 4 (C) (I) of the Code of Judicial Conduct. For Judge Griffen's conduct in violating the:: Code of judicial Conduct, it was [he decision of rhe Commission by a voce of four to three mat the judge be admonished. This public admonition constitutes adequate discipline and no further action is warranted. SEARCY DISTRJCT COURT JUDGE PHIL SHOFFNER ovember 15, 2002 A complainr filed wirh rhe judicial Discipline and Discipline Commission alleged char judge Shoffner displayed

injudicious remperamem during a hearing. Subsequent investigation of that complain{ revealed that judge Shoffner took judicial action on a mancr involving his son by directing he be placed on six (6) monrhs probation and that he 3nend defensive driving school. The invesrigarion also revealed that Judge Shoffner, in two cases, rescinded driver's license suspensions conrrary to [he provision of A.C.A. 27-16915 making suspensions of driver's licenses mandarory in certain siru3rions. This was

me

done in instances where appropriare depury prosecuting anomer was nmified only after rhe SCIHcnccs were changed. The judicial Discipline and Disability Commission found that judge hoffner's caking judicial action in his son's case and scning aside mandatory six month suspensions of driver's licenses required by law were in comravemion of provisions of [he Code of judicial Conduct. The Commission noted that judge Shoffner has agreed co be more circumspect when dealing with litigants at hearings and that he has changed rhe procedutes for processing motions, particularly the manner

â&#x20AC;˘


Judicial Disciplinary Actions of his reviewing those motions in noting if the other parry has been properly served. For Judge Shoffner's conduct in violating the Code of Judicial Conduct, it is the decision of the Commission that he be admonished. This public admonition constitutes adequate discipline and no further anion is warraIHed.

â&#x20AC;˘

â&#x20AC;˘

BENTON COUNTY DISTRICT COURT JUDGE RODNEY OWENS November 15, 2002 Judge Rodney Owens was given notice that on November 15, 2002, rhe Arkansas Judicial Discipline & Disability Commission found that in a complaint pending against him, there was probable cause to believe there had been misconduct of a nature requiring a formal disciplinary proceeding. Such a proceeding could lead ro his removal from office. Judge Rodney E Owens is the district judge for the District Court of Benton County West. Judge Owens also was the city judge for the City Courts of Bethel Heights, Centerton, Graverre, Little Flock, Lowell, and Pea Ridge but resigned those city offices on july 26, 2002. On or about August 12, 1997, judge Owens purchased a used thirty-seven foot 1989 "Vogue IV" motor home from Mitchell Moror Coach Sales of Pryor, Oklahoma. Under Arkansas law. Judge Owens owed approximately $3A36.88 in used tax on thar purchase, which would have been due and payable when he registered his motor home in Arkansas. Ramer man licensing and registering his new mOtOr home in Arkansas, Judge Owens arranged to have it licensed and registered in Oregon in his name at an Oregon address at which he has never lived. By falsely registering and licensing the motor home in Oregon. Judge Owens nOt only escaped having to pay sales tax or use tax on the motor home, but also avoided having to pay annual Benton County, Arkansas ad valorem taxes that wouJd have been collected on the vehicle if it had been licensed and registered in Arkansas. As a result of the forgoing, Judge Owens was convicted on July 25, 2002, of a felony, failure to pay taxes. Judge Owens was fined ten thousand dollars but was nm sentenced ro jail.

r----------------------------------, The Law Finn of

DAVIS, WRIGHT, CLARK, BUTT & CARITHERS, PLC is pleased to announce that Tameron C. Bishop (U. of A. Law '99) (formerly of Jenkens & Gilchrist, Dallas, TX) Eric R. Gribble (U. of A. Law '02) Bradley D. Shepherd (U. of A. Law '02) have joined the finn as associates

Sidney P. Davis, Jr. Tilden P. ("Chip") Wright III

Laura J. Andress

Constance G. Clark Wm. Jackson Butt II

Courtney P. Gilbert Tameron C. Bishop

Kelly Carithers

Eric R. Gribble

Don A. Taylor John G. Trice

Bradley D. Shepherd

Mark W. Dossett

PO. Box 1688 19 East Mountain Street Fayetteville, AR 72702 (479) 521-7600 www.daviswrightlaw.com

Vol. 38 No. l/Winler 2003

TI,C Ark"n,", La'IYcr

31


L.lwycr Disciplin;]~y Actions Final actions from September 17, 2002. through December 31, 2002, by the Supreme Court of Arkansas Comminee on Professional Conduct. Summaries prepared by the Office of Professional Conduct. Full text documents available on-line at hnp://couns.srate.ar.uslcounslcpc.html.

DISBARMENT:

and a Committee Panel vote ro initiate disbarmem proceedings against him.

MICHAEL THONY PRICE, Bar No. 81133, of Sherwood, Pulaski Counry, Arkansas. A petition for disbarment was filed with the Arkansas Supreme CoUrt December 10, 2002, and is pending. SURRENDER: DAVID I~ HE RY, Bar o. 71041, of Little Rock, Arkansas, petitioned ro surrender his law license in lieu of disbarment in CPC No. 2001-092, on a complaint by Virginia parks Strebelow of California. The Supreme Court accepted his surrender on Ocrober 10, 2002. Henry acknowledged his conduct violated Model Rules 1.2(a), 1.3, 1.4(a), 1.4(b), 1.8(a), 1.15(a), and 8A(c) during his dealings with Ms. Strebelow in 1993-2002. He acknowledged he could not accounr for an estimated $15,000 belonging to her which he placed in his trust accounr in 1993. and that rhese funds were converted to his personal use from his trust accoum. He emered imo a business arrangemenr with his c1iem regarding realry, self路dealt to his advantage. and made false starements to the c1iem. He told his client he used part of her funds for e1ecrion expenses in his unsuccessful campaign for judicial office in 1994. He gave her a series of personal notes thereafter in a failed efroT[ to restore her funds over the following years. The c1iem did not repoT[ Henry in 1994 because he told her rhe only way he could repay her missing funds would be if he could keep his law license. STEVE DWAYNE LAWRE CE, Bar o. 88128, of Melbourne, Izard Counry, Arkansas, petitioned to surrender his law license as a result of his conviction of a Class D felony, Obtaining a Controlled Subseance by Fraud. The Supreme Court accepted the surrender of his law license on November 14, 2002. Lawrence had been placed on interim suspension by the Comminee in CPC No. 2002-124 on October 8, 2002, because of his guilty plea in federal coun 32

n,e Arkansas un'Ycr

www.arkbar.com

SUSPE StO : DENNIS A. CAMERO ,Bar o. 95038, or Hot Springs, Garland County. Arkansas, was placed on interim suspension by Committee Order filed November 21. 2002, in CPC No. 2002-161 for conduct involving aJleged misappropriation of c1iem funds and a finding by the Commirree thar there is a substantial threat of serious harm to the public and to the lawyer's c1iems. Cameron was charged by information in Garland County Circuit Court on October 28,2002, with felony theft arising out of the disappearance from his anomey trUSt aCCount or approximately $198,000 in senlemenr funds from a matter in which he had represented Megan Ungerer. then a minor, since 1998. DENNIS A. CAMERON, Bar No. 95038, of Hor Springs. Garland County, Arkansas. in CPC No. 2001-107, on a complaint by Bob Stillwell, by Order filed December 31, 2002, was suspended from the practice of law for one (J) year for violations of Model Rules 1.3, 1.4(a), 1.15(a), 1.15(b), and 8A(c), and was assessed COStS of $50.00. Stillwell and others retained Cameron to pursue their claims following a 1999 moror vehicle collision. The case settled and Cameron retained parr of the funds to pay eli nt medical bills. All the medical bills were not paid and some were rurned over to

a collection agency. One client did not receive the full amount of her settlement share. The clients were unable to contact Cameron. whose law office appeared to be closed. They had ro hire another attorney ro help them contact Cameron. Cameron replied that a former paralegal at his office miscalculated amounts to be paid, overpayments were made to his clients, and sufficient funds were not held back from the settlement to pay all medical bills. He denied receiving calls from his clients or their new attorney regarding this marrero MICHAEL ANTHONY PRICE, Bar No. 81133, of Sherwood, Pulaski County, Arkansas, was placed on inrerim suspension as a result of a Commirree Order filed December 9, 2002, following the Committee vote to initiate disbarment proceedings in Commirtee cases No. 2002112, a complaint by Summer Emley and Timothy Stallings, and No. 2002-119, a judiciaJ referral by United Stares Districr Judge Susan Webber Wrighr. A Petition for Disbarment was filed December 10, 2002, and is pending in the Arkansas Supreme Coun.

scon,

JAMES S. Bar No. 87154, of orth Little Rock, Arkansas, in CI'C No. 2002-128, by Order filed October 25, 2002. was placed on interim suspension as a result of his convicrion of a felony, sex abuse in the first degree (ACA 5-14-108), in Pulaski County Circuit Coun on August 2, 2002. The Commirree directed that

"$1.25 Million Case Settled By Young Attorney Who Discovered The Secret To Attracting BIG Cases On A Shoe String Budget!" New Jersey - Free Special Report reveals how any lawyer, new or established, can easily add an extra $5,000.00 to $25,000.00 (or more) per month to his or her income on IQ-minutes per day simply by caJling 1(800) 639-3419 For A FREE 24-Hour Recorded Message. Both the call and the report are free so call right NOW! 漏2002 ELPDG, Inc.


WHAT ARE YOU LOOKING FOR •

In

a 401 (k) plan?

ALL DOORS LEAD TO TH E ••.

~~~ 1MJ~[M]~~W?2@

Retirement Program

J h e ABA Members Retirement Program has been providing retirement plans, such as 40l(k), profit sharing and defined benefit plans to law firms for more than 30 years. Whether you operate a solo practice or a large fmn, the ABA Program can help you create an effective plan

for your firm. We provide firms with a full service solution that includes plan administration, investment flexibility and independent on-line investment advice from Financial Engines®, These services are bundled together in a value package designed specifically for law firms. Call one of our Plan Consultants today at (800) 826-8901 for a free plan evaluation and cost comparison.

Open the door and see the value inside. WWW.ABARETIREMENT.COM

ABA MEMBERS

RETIREMENT PROGRAM

""""""

13m' Association

For a copy of the prospectus with more complete mformation, includmg charges and expenses assOCIated with the Program. or 10 speak with a Plan Consultant. call (800) 826·8901, visit www.abareuremem.comorwOletoABAMembersRetlrementProgramPO.Box2236.Boston.MA02107-9950·abareurement@CtIIStreelonlme.com. Financial Enginesl!l is a registered trademark of Financial Engines. Inc. All advisory services are provided by Fmancial Engmes Advisors, LLC. a federally-regIstered investment advisor. Be sure to read the Prospectus carefully before you lOvest or send money. The Program IS available through the Arkansas Bar Association as a member benefit. However, this does not constitUle. and is In no way a recommendallon wah respect to any secunty that IS available through the Program 09/02

cffistreet


LJwycr DisciplinJry Actions disbarment proceedings be initiated.

MALCOLM ANGELA SIMMONS, Bar No. 91243, of Lirde Rock, Arkansas, in CPC No. 2002-083, on a complainr from Cecilia Renee Crater, a physical therapist for MCH Physical Therapy Clinic of Litde Rock, by Order filed December 26, 2002, was suspended from the practice of law for rhree (3) months, fined $250.00 and assessed costs of $50.00 for conduct violating Model Rules 1.15(b) and 8.4(c) in 2000-2002. In Seprember 2000, Simmons' client granted a lien in favor of MCH Clinic on any settlement of his claim from a mOtor vehicle collision. The claim settled with the insurance company in November 2000; MCH was not notified; the settlement check was issued to the client, Simmons and MCH Physical Therapy, bur Simmons deposited it into his truSt account without any endorsement or authority of MCH and without paying MCH on its lien. Thereafter MCH sued Simmons' client and the case resulted in a consent judgment and payment ro MCH of its $2,036.25 lien claim by a cashier's check that was attached to the client's answer to the suit. Simmons represented the client in the suit by MCH. The Panel found Simmons' conduct in depositing a settlement check without the authority of MCH was dishonest, fraudulent, and deceitful. SAM WHITFIELD, JR., Bar No. 82056, of

Helena. Phillips County, Arkansas, in CPC No. 2002-070, on a complaint by Karen Williams of Ponca City, OkJahoma, by Order filed November 12,2002, consented to a four (4) month suspension, [Q run concurrently with suspensions in twO other cases, and agreed [Q pay restitution of $710.00, for violarions of Model Rules 1.1, 1.3, 1.4(a), 1.4(b), 1.5(b), 1.15(a), 8.4(a), 8.4(b), 8.4(c) and 8.4(d), for his conduct in 1999~2002 while representing Mrs. Williams in a probate matter. Whitfield failed for almost four (4) years to take any action in his cliem's marrer.

SAM WHITFIELD, JR., Bar No. 82056, of Helena, Phillips County, Arkansas, in CPC No. 2002-081, on a complaint by the Office of Professional Conducr, by Order filed November 12,2002, consented to a four (4) month suspension, to run concurrently with suspensions in two other cases, for violations of Model Rules I.I, 1.3, 1.4(a), 1.4(b), 1.5(b), 1.15(a), 8.4(a), 8.4(b), 8.4(c) and 8.4(d). Whirfield, a disrricr judge ar the time, was represented by attorney Dion Wilson in POSt divorce child support litigation. Whitfield accepted a cash gift: of $1,800 from Wilson to pay child support to avoid being jailed in September 2001. SAM WHITFIELD, JR., Bar No. 82056, of Helena, Phillips County, Arkansas, in crc No. 2002-086, on a complaim by Lillie Simpson of Newport, Arkansas, by Order

PI(lk""1<lI1.Ll

I" ngll1l'l' I

-

filed November 12, 2002, consented to a four (4) month suspension, to run concurrently with suspensions in two other cases, and agreed to pay restitution of $975.00, for violarions of Model Rules 1.2(a), 1.3, 1.4(a), 1.4(b), 3.2, 8.4(c) and 8.4(d), for his conducr in 1998-2002 while representing Mrs. Simpson in a litigated real estate matter in Jackson County. After Whitfield failed to take any action for over one year in the suit he filed for Ms. Simpson, the court dismissed it without prejudice for failure to prosecute. He deceirfully failed ro rell his client of rbis event, failed to consult with or respond to his client's many requests for information, and delayed the administration of justice through his inaction.

REPRIMAND: JOE KELLY HARDIN, Bar No. 78065, of Beman, SaJine County, Arkansas, in CPC No. 2002099, on a refertal by the Supreme Court in No. CR2002-674, James Lord v. State, by Order filed November 12, 2002, for violations of Model Rules 1.3 and 8.4(d), was reprimanded for failing to timely file rhe appeaJ transcript. JOSEPH D. HUGHES, Bar No. 97021, of Paragould, Greene County, Arkansas, in CPC No. 2002-038, by Order filed November 15, 2002, on a complaint by District Judge Dan Stidham of Paragould,

I \pl'lll'nlu.ll 'Iwlt \\ltnl'''''

~lx'll<lli"t 1Il Indu"t1I,d \I.ll hllll' (,ll.lldll1g ,Ind 'i.lkt\

John E. McAllister, P.E. Summary of Academic & Professiol1(d Experience Registered Professional Engineer in 3 states. • 9 ye:l.fS of experience as president of hlrgc distributor specializing in all types of safety equipment, major emphasis on metal forming and stamping. • 11 ye:trs of experience as president of company involved in repair and rewinding of electric motors and manufaclure, sales, inst:III:l\ion :llld servicing of electrical control panels for industry. • 14 years of experience with General Electric Co. in engineering and industrial sales. • E:lrned BS-Electrical Engineering in 1947. Complete ClJrriculUnl vitae and references on request.

.II!

.

John E. McAllister. 3 Palisandro Drive. Hot Springs Village, Aft 71909-4613 Phone: (5lJl) 922-1709' Fax: (5lJl) 922-4177

34 TIle Arkansas La\\ycr

www.arkbar.com

I I

"I!I!I~"'"


LI~ycr DisciplinJ~y Actions was found ro have violared Model Rules 1.3, 3.2, 3.3(a)(I), 8.4(a), 8.4(c), and 8.4(d) for

during the time period when he should have

his conduct as a public defender and in several criminal cases. He was held in

ambulance service.

2002, consented ro a reprimand and payment of client resriUltion of $1,186.96

contempt for failure

JAMES M. PRAIT, jR.. Bar No. 74124, of Camden, Arkansas, in CPC o. 99-018, on

and COStS of $79 .06, for violarions of Model Rules 1.1, 1.3, and 1.4(a). Pratt was hired to

(0

appear in court. He

anempred ro get Judge Stidham (0 recuse in all Hughes' cases in Sridham's cout[ by

been holding the $970 belonging

to

the

a complaint by Dorothy Byrd of Hampton, Arkansas, by Order filed December II,

c1ajrning ro have filed a complaint against

judge Stidham wirh rhe Arkansas judicial Discipline and Disability Commission, when no such complaim had been filed.

JOSEPH D. HUGHES, Bar No. 97021, of Paragould. Greene Coumy, Arkansas. in

CPC No. 2002-050, by Otder filed November 15, 2002, on a complaint by Chase and jeff Holifield of Paragould, was found ro have violated Model Rules 8.4(a) and 8.4(d) for his conduct in whar was described as a "road rage" incidenr on

Ocrober 27, 2000, on Highway 49 in Craighead Counry. After a moving encoumer,

Hughes

assauhed

Moore Stephens Frost, an affiliate of MSF Financial Group, is the largest Arkansas-based accounting firm. The diversity ofour clients and the resources we possess mean that we can dedicate a team ofprofessionals on any project in a timely and results-assured manner. In mct, our strategic servicesgo mr beyond what traditional accounting Grms oRer. Our goal is to support you as you, in turn, upport your clients. In the areas of Business Valuations and Litigation upport, weofrera num ber of fOcused services designed to meet speciGc objectives.

Chase

Holifield on the roadside, larer called him ar his workplace. and, after related criminal proceedings in Greene County, contacted Jeff Holifield and made assertions abom the probable outcome of the pending criminal case in Craighead County involving Chase

Holifield. Hughes was larer found guilty of Assault II, a misdemeanor, on Chase

Holifield in borh Craighead Municipal Court and on appeal in Craighead Circuit Court. Hughes consented ro a reprimand and probation for twelve (I 2) months subject to certain conditions.

JACK KEARNEY, Bar No. 77194, of Lirtle Rock, Arkansas, in CPC No. 2002-002, by Order filed Ocrober 3, 2002, on a complaint by Francis Carson of Med-Tech Ambulance Service, for violations of Model

Rules 1.3, 1.15(a), and 1.15(bl, was reprimanded, fined $500, and ordered to pay cosrs of $60, arising out of his represemadon in 2001 of twO diems in a moror vehicle collision matter in which Kearney settled the case, received funds, retained funds ro pay two ambulance bills of

$485 each, failed for five months

CLIENT SUPPORT SERVICES

to

notify

the ambulance service of the settlement, did nOt pay the ambulance service until the complaint was filed, and had negative balances in his attorney trust account

BUSI ESS VALUATIONS arital Dissolutions· Estate and Gift Matters Charitable Contributions· Spin-offS and Reorganization Business Dissolutions· Buy-Sell Agreements Sales or Mergers· Bankruptcy and Reorganization Employee Stock Ownership Plans EXPERT TESTIMOm CONSULTING AND LITIGATION SUPPORT Economic Loss Analy is' Damages Computations Marital Dissolutions· Due Diligence Forensic Accounting Services .Income Tax Analysis Call Cheryl Shuffield, director ofClient Support Services, at (501) 975-0100 fOr more infOrmation.

; IMSF

• FINANCIAL

• ~ GROUP

MORE 11-lAN AN i'lXXlLNIlNG FIRM

Cc.-rtified f\JbIie Account.Jnl'io' A l'rof!fll>lllna11 JJ'Itj\f,,1 '''nmjl3ny H5 W~I l.Jritnl·St,itr 330<1·l.l1tl. Ruck. Ark.",.. 7unl (SOil 376-lIl41 (~()(J) ili6-9l41 . Iii, I~lJ I) 37ti (,256 ~""p.com

Vol. 38 o. IlWinler 2003

111e Arkansas La'ryer

35


Lm)'cr Disciplin~lIY Actions represent Mrs. Byrd and her husband in lare

1994, filed suit fot them in january 1996, and the maner was not concluded until a bench trial in June 2002, after a non-suit and many continuances. In the meantime,

the husband's material testimony was not preserved and was lost when he died in

Febtuary 2002, just befote a scheduled trial date. The final outcome of the long-delayed trial \vas unfavorable to Ms. Byrd, based on

her lack of evidence. Pran refunded all his paid fee excepr acrual suir expenses.

CHERYL KATHLEE SMlTH MAPLES, Bar No. 87109, of orth Little Rock, Arkansas, in CPC o. 2000-117, on a complainr by john Caldwell, an Arkansas inmate, by Order fiied December 27, 2002, fot violations of Model Rules 1.2(a), 1.3, 1.4(a), 1.4(b), 1.5(a), 1.16(d), and 3.4(c), arising from her representation of and

dealings with

aidwell in 1999-2000,

consented to a reprimand. $800.00 client restitUtion, a $500.00 fine. and costs of

S50.00. Caldwell hired Maples in March 1999, and paid her to assist him with t\yo medical issues while he was confined. The client had no further conract with counsel thereafter. Maples stated she was experiencing severe personal health problems at the time, and continuing, which prevented her from doing any work

for Caldwell, and that she was unable

to

locate any file on his matter. Caldwell sued Maples in a local municipal courr and got a default judgment againsr her for the amount

of the fees he had paid. MICHAEL ANTHO Y PRICE, Bar No. 81133, of Sherwood, Pulaski County, Arkansas, in CPC o. 2002-087, on a complainr by David Scott Curtis and David

Jack Davis

Sid McCollum

Bob Hornberger

Frank Hamlin

Ray Curtis. his father, for violations of

Model Rules 1.3, 1.4(a), 1.4(b), 1.15(a), 1.16(d), 3.2, 7.3(a), 8.4(a), 8.4(c), and 8.4(e) was reprimanded, fined S500 and ordered to pay $2,000 restitution to the

Cuttises. Price was hired in july 200 I and paid 53.200 to represent Scon Curtis in an effort to get him removed from residential confinement in the Arkansas Partnership

Program of the State Hospital

INC 500 President Clinton Avenue, Museum Center, River Level Little Rock, AR 7220 I 501-376-2121

to

a less

restricrive environmenr. Price failed to place the diem's funds in a trust account. and failed to refund the unearned balance when his services were rerminarcd in April 2002.

Price failed to rake reasonable and timely action on behalf of his client.

1104 South Walton Blvd., Suite 8, Bentonville, AR 72712 479-271-2237 423 Rogers Avenue, Suite 101, Fort Smith, AR 72902 479-783-1776

CAUTION, JAMES S OTT ADAMS, Bar No. 81001, of Morrilton,

onway Counry, Arkansas, in

CPC No. 2002-078, on a referral from the

36 TI,e Arkansas Lawyer www.arkbar.com


Lav\ycr Disciplinary Actions Supreme Court, by Order filed Ocrober 3,

Maxwell had difficulry getting information from Davis and her office. In June 2002,

complainr. Fuchs filed the nmice of appeal

MaX\veJl was getting caBs from crerotors.

defendanr filed a pro se mmion for belated

After the disciplinary complaint was served on her, Davis refunded Ms. Maxwell's funds

appeal, which was later granted.

Wayne Grady, for fuiling to timely fde an appellate brief after three extensions were

so she could hire another attorney.

2002, consemed to a caution for violating Model Rules 1.3, 3.4(c), and 8.4(d), arising our of his criminal represemarion of Roben

granted, ineluding one labeled "final" extension by the Court. Adams pled guilty, was found in comempr by the Court, and fined $250. His brief was filed one week later.

MARVAJ. DAVIS, Bar 0.83046, of Little Rock, in CPC o. 2002-061, by Otder filed ovember 19, 2002, on a complaint by Trearha M<OO.vel1, was cautioned. ordered to pay client restitution of $450 and costs of $50, for her conduct which violated Model Rules 1.2(a), 1.49a), and 8.4(d) in her representation

of Ms.

Max\vell

in

a

bankruptcy matter in 2001-2002. Maxwell hired Davis in August 200 I ro file a bankruptcy for Maxwell, paid a fee, and then Davis failed (Q file the petirion.

WGE E B. HALE, JR., Bar of Prescou,

DALE W. FINLEY, Bar No. 67017, of Russellville, Pope County, Arkansas, in CPC No. 2002 071, by Order filed November 12, 2002, on a complaint by Sylvia Buen, was cautioned for violations of Model RuJes 1.3, 1.4(a), 3.2, 3.4(c) and 8.4(d) for his representation of Boen in a divorce and a

bankruptcy in 1993-94.

Conway, Faulkner Counry, Arkansas, in

CPC No. 2002-059, on a refertal from the Supreme Court in CR2001-1308, Warten Looney v. State, by Order filed November 5, 2002. was cautioned for violating Model

Rules 3.4(c) and 8.4(d) and fined $500 for failing ro respond to the Comminee's

Comprehensive Technical Expertise in Business Valuations, Forensic Accounting, and Consultatjons for Trial Testimony Certified Public Accountant (CPA), Master Certified Business Appraiser (MCBA), Accredited Senior Appraiser (ASA), Accredited in Business Valuations (ABV), Certified Fraud Examiner (CFE)

Expert Witness Testimony Court-Appointed

crc

0.2002-065, by Order filed Oaober 29,2002, on a complaint by Mary Johnson, was cautioned for violating Model Rules 4.1 (b) and 4.3 arising Out of his dealings

with Ms. Johnson, an unrepresenred person, in his representation of her ex-boyfriend

Billy Callahan on domestic battery charges. Johnson agreed with Hale's oral proposal for against Callahan, if Callahan would pay for her medical expenses and $5,000 for her pain and suffering, which paymenr Johnson and a wirness said Hale assured her he would see rook place. The agreemenr was carried our in the senrencing bur Callahan never paid Johnson. Hale was unable ro get Callahan ro honor the agreemenr. Johnson obtained a defaulr judgmenr against Callahan and is having his wages garnished. Hale denied there was an agreemenr for

Callahan to pay Johnson. JOE KELLY HARDIN, Bar No. 78065, of Benton, Saline County, Arkansas, in crc o. 2002 080, by Order filed October 8, 2002. on a referral from the Supreme Court, was cautioned for his conduct in the case of Marvin Tull v. State, for violating Model

Schwartz & Associates, CPAs 11510 Fairview Road, Suite 100 Little Rock, AR 72212-2445 (501) 221-9900, (501) 221-9292 fax

Rules 1.3 and 8.4(d), fot failing to timely perfect Tull's appeal by fding the record with the Supreme Court Clerk.

email: schwartz@busvalu.com

BOBBY D. McCALLISTER, Bar o. 91 103, of Benton, Saline County, Arkansas, in CPC No. 2002-115, by Order filed November 15, 2002, on a complaint by

Free report shows how to get clients Cal ie-Why do some lawyers get rich while olhers struggle to pay their bills? "Thai'S simple," says California anomey David M. Ward. "Successful lawyers know how to market their services." Once a slruggling sole practitioner, Ward credits his turnaround to a referral marketing system he developed six years ago. "I went from dead broke and

0.63021,

evada County, Arkansas, in

a certain disposition of her criminal charge

KENNETH G. FUCHS, Bar No. 81063, of

Business Valuations

Richard l. Schwartz

but failed to lodge the appeal record. The

drowning in debt to earning S300,OOO a year, practically overnight," he says. Most lawyers depend on referrals, he notes. but not one in 100 uses a referral system. "Without a system, referrals are unpredictable, and so is your income," he says. Ward has taught his refcrral system to more than 2,500 lawyers worldwide, and has wrinen a new repon, "How to

Gtl Mort ClinlJ 10 A MODlb Tha You Now Gtl All Year!" The report shows how any lawyer can use this markeling system 10 get more clients, increase their income, and build a successful law practice. Arkansas lawyers can get a FREE copy of Ihe repon by calling 1路800路562-4627 (a 24路 hour free recorded message), or by visiling Ward's web site at www.dll'idwlrd.tom

Raymond Johnson of Homer, Louisiana, for evenrs in 1998-1999, consented ro a caution and payment of cOSts of $50 and a

fine of $200, for violations of Model Rules 1.3, 1.4(a), and 3.2. In May 1998, McCallister filed suit in federal court for Johnson for claims arising OUt of a tcucktrain collision in Lirtle River Counry,

Arkansas, in May 1995. Johnson was unable to get sr3rus informarion on his matter from

McCaJlister thereafter. McCallister failed to Vol. 38 No. I/Winlcr 2003

The Arkansas lal'Ycr

37


Lav\)'cr Disciplinary Actions get service on the proper defendant(s), even after the COUTt granted him an extension. In February 1999 the case was dismissed without prejudice, but McCallister failed to notify his client and in December 1999 also

failed to inform another Arkansas anomer who comacred McCallister on behalf of Johnson. The statute of limitations ran and Johnson's claim became time-barred. JE IFER K. OWE S, Bar 0.2000139, of Little Rock, Arkansas, in CPC o. 2002074, on a complaint by Maty Bobrowski, by Order filed October 31, 2002, consented ro a caurion for violating Model Rules 1.3. 1.4(a), 1.16(d), and 8.4(c) III her represenrarion of Mrs. Bobrowski in a POS(divorce matter in 200 I. Owens failed to communicate with her client, failed [Q provide her client a copy of an order issued after her hearing, and failed to provide papers to the client upon termination of her private law practice, among other violations. BYRON COLE RHODE ,Bar No. 79186, of Hot Springs, Garland County, Arkansas, in CP No. 2002-043, on a complaint by Debra Southern, by Ordet filed November 4,2002, consented to a caution for violating Model Rules 1.3 and 1.5(a)(4), for fuiling to act diligendy in his representation of Southern in an ancillary probate matter and in charging a $4,937.00 fee that was not reasonable under the circumstances. ROBERT L. SCULL, 111, Bar 0.87155, of Little Rock, Arkansas, in CPC o. 2002154, by Order filed on December 4, 2002, conscmed to a caution on a Per Curiam Order referral from the Arkansas Supreme Court for failing to file the appeal record in CR 2002-955, Antonio Walker v. State, in a rimely manner, thereby delaying appellate proceedings. KEN ETH ROBERT SHEMI ,Bar No. 78138, of Fayetteville, Arkansas, in CPC 0.2002 149, by Order filed on December 10,2002, consented ro a caution and paid a SI5,000.00 fine on a complaint by Lamar Perrus, and on which Shemin self-reponed much of dle detail, for three violations of Model Rule 1.15 concerning attorney trust 38 TI,e Arkansas La"yer

www.arkbar.com

accounts. No client funds were lost, and no client complained. Mr. Shemin entered into a sen!emem agreement for a c1iem with a creditors group which, under the Model Rule, appeared ro require him ro maintain cerrain funds in a trwt account, which he failed to do. On twO occasions he deposited and later withdrew over time substantial sums of personal funds in his trust account, but at times when there were no dient funds maintained in the same trUSt accoum.

ELLIOTT DION WILSON, Bar No. of Helena, Phillips County, Arkansas, in CPC No. 2002-046, by Order filed November 15, 2002, on a complaint by the Office of ProFessional Conducr from information in another complaint before the office. was cautioned for violations of 1.8(e). 8.3(b), 8.4(a), 8.4(d), and 8.4(f) for his conduct in 2001 with Sam Whitfield, Jr., a Helena anorney and District Judge. \Xfilson represented Whitfield in a child support

94014,

ffi3ITCT

G. CHRISTOPHER WALTHALL, Bar No. 74152, of Malvern, Hor Spring County, Arkansas, in CPC No. 200 1-146, by Order filed November 4, 2002, on a self-referral, consented to a caution for violations of Model Rules 1.I and 1.5(a) arising out of his represenration of the Estate of Mary Voss in Hot Spring Probate Court in 1999-2001. Mr. Walthall failed to adequately investigate the actual ownership of a srock account of S992,936, and included it as an estale asset from which he calculated his atrorney fees and those of the co-executors, of which he was one, leading ro an overpayment by the estate of anorney fees and executors fees of approximately S50,000. He also fuiled to include S62,484 in proceeds for timber cut from estate lands as an estate asset. He received fees in excess of those allowed by law and made a full refund of the excess fees. Pursuant to a later court ruling in the estate, he disgorged all fees he received from the estate.

AARP Legal Services

~

Network

For information and an application Visit: E-mail: Call: Write:

www.aarp.org/LSN/attorney LSN@aarp.org 800-633-4496 429 4th Ave. Suite 1706 Pittsburgh, PA 15219

in court in September 200 I, and

gave Whitfield, the local District Judge before whom Wilson and members of the law firm with which he was associated appeared, SI,800.00 in cash so Whitfield could avoid going CO jail for non-payment of child support that day. Wilson provided improper financial assistance to a diem in litigation; failed to repon misconduct by a judicial officer who accepted a prohibited gifr; assisred a judicial officer in violating the Code of Judicial Conduct; and placed the judge in a position where he would likely have to disqualify in cases by members of Wilson's firm, thereby delaying the orderly administration of justice in those cases.

Arkansas Versus Law www.arkbar.com

What is AARP Legal Services Network (LSN)? LSN is an AARP member benefit available to Arkansas' 324,000+ AARP members. Attorneys interested in providing legal services to AARP members are invited to apply. Positions are limited, so act now! What are LSN attorneys saying? \\ ... It's certainly enhanced my business and my client base. At least 40% of my annual business is a direct result of my participation in this program" ... Attorney Nancy Franks-Straus

Minimum requirements and participation fees apply. AARP is a nonprofit, nonpartisan membership organization for people o....er 50. AARP Legal Ser ices network is sponsored by AARP and administered through AARP Ser ices, Inc.


Thank You to CLE Speakers and Program Planners for 2002 Hesha Abrams William E. Ackerman Christie Gunter Adams

Joyce B. Babin James A. Badami Jacque Ballard Charles A. Banks Steve Barnes \VI. Christopher Barrier

Mike Beebe Erica Beecher~Monas Garland W. Binns, Jr. Donald E. Bishop Grant E. Black Tim Boe Abraham W Bogoslavsky Bruce H. Bakony Raymond E. Barnhaft Frank L. Branson Judge Ellen B. Br.mdey Howard W Brill

Shane Broadway Jennifer S. Brown Chauncey Brummer

Charles J. Buchan Kelly Hunter Burch

L. Bryan Burns J. Cad Blish

David F. Butler Arkie Byrd L'my Byrum Robin J. Carroll Paula J. Casey \Villiam A. Cash, Jr. Judge Jerry \VI. Cavaneau Blake K. Champlin Mercedes Clements He",chel W. Cleveland W Brooks Clower Dan Coody Gregg A. Cooke Barry E. Coplin Ray F. Cox, Jr. Michelle Lee Crawford Thomas A. Daily William R. Daniels, Jr. Jerry Davenport Rick D. Davis

John A. (Zan) Davis IV Mark Deal

Neil Deininger Rebecca J. Denison

Nicholas A. DeQuiroga Timothy C. Dowd Winslow Drummond Paul F. Dumas William A. Eckert III

Ron Edenfleld Causley Edwards Michael Ellig Jeffrey EIl;s A. Felccia Epps Judge Audrey R. Evans Janie W Fenton

James David Ferguson Ed File Janet Flaccus

Keith Francis Judge Robe" F. Fussell Kenneth S. GaJlant Jay Gandy Dr. Edgar Garcia-Rill Allan Gates Tammy B. Garris TImothy G. Gauger Ann H. Gilbert W. Oem Girchel Judge Don E. Glover Charles W. Goldner, Jr. Kathy W. Goss Ken Gould Teresa L. Gram Rayburn W. Green

Judge Mary Ann Guno Russell A. Gumer Mark A. Hagemeier Kenneth R. Hall Frank S. Hamlin Parricia Capps Hannah

Regina Haralson Paul E. Harrison Roger B. Harrod Michael C. Hathorn Brad L. Hendricks Judy S. Henry Mark M. Henry Roben L. Henry III Brian K. Herringron Jim Hill Stanley L. Hill Anthony A. Hilliard Mark W Hodge Denise R. Hoggard Alice L. Holcomb Theodore Holder Leon Holmes Albert D. Hoppe Judge Marion A. Humphrey Eugene Hunt Justice Annabelle C.lmber David L. Ivers Jill R. Jacoway Patricia A. James Michael B. Johnson James Leon Johnson Raben Shepherd Jones Carlton D. Jones Judge Henry L. Jones, J r. judge Edwin A. Keawn Kevin P. Keech Raben D. Kellogg William H. Kennedy III Judith Kilpatrick Barbara King Katharine Kores Raben Laurence john T. Lavey Stanley A. Leasure

Estelle Levetin Catherine C. Lewis Harry A. Light Stark Ligon Danielle Litaker james H. Longino Rick F. Lorence james C. Luker Rebecca L. Lynn Diane S. Mackey Joseph K. Mahony II Judge David J. Manley Leon Marks D. Price Marshall, j r. William A. Marcin Judge Robin L. Mays Manha J. McAJister Bobby McDaniel Ann McDougal judge Mary S. McGowan Phyllis M. McKenzie Karen H. McKinney D. Malcolm McNair, Jr. Jack A. McNuJry Kelly M. McQueen Betsy Meacham Michael W. Mitchell Judge james G. Mixon Sandra B. Moll Judge James M. Moody Harry Truman Moore James Lee Moore III John E. Moore, Jr. Rodney P. Moore Thomas E. Moore David E. Morris James c. Moser, j r. Rosalind M. Mouser Cheryl Nelson Stephen B. Niswanger AJan J. ussbaum Debby Thetford ye Edward T. Oglesby Glenn Pasvogd Chris A. Paul B. Jeffery Pence John V. Phelps Judge Mackie M. Pierce Susie Pointer R.y Poole Austin Poner, jr. J. Lamar Poner Troy A. Price Charles C. Price judge Willard Proctor, Jr. Lyn P. Pruitt Brian H. Ratcliff Dian W Reeves, Jr. Judge Andree L. Roaf Reginald A. Rogers Brian M. Rosenthal David J. Sachar Marianne Satterfield Charles L. Schlumberger

David L. Schneider SCOtt A. Scholl James V. Scurlock II John S. lig Frank B. Sewall Judge Bobby E. Shepherd Charolette O. Shield SCOtry M. Shively Harold H. Simpson II judge Barry A. Sims judge Hamilton H. Singleton Ainsley Lang Skokos Graham F. Sloan Ruth Small johnny Smdz Judge Kim M. Smith Robert Todd Smith Kenneth L. Smith David H. Smith Michael W. Spades, Jr. Aaron Lee Squyres Brenda N. Stallings William j. Stanley james P. Stanzell Charles C. Steincamp R. Theodor Stricker J. Thomas Sullivan Tim Tarvin Richard D. Taylor Marcella j. Taylor Rex M. Terry Michael TeSton Ted Thomas Mark R. Thompson Denver L. Thornton C. Miles Tolben Jay . Tolley james L. Tripcony Scon C. Trotter Lonnie C. Turner judge Raben C. Vittitow Paul D. Waddell Ralph W. Waddell Guy Alton Wade Jack Wagoner III john J. Watkins Richard . Watts Steve Weaver Doyle L. Webb II Coleman Westbrook, j r. Elisa M. White Robert W. White Camille Williams Kimberly R. Wilson Kenneth j. Withers Carolyn B. Witherspoon Carol L. Worley Walter G. Wright, Jr. Cnda Yelvington judge H. David Young R. SCOtt Zucrker

Vol. 38 No. IlWinler 2003

TI,e Ark.,lS.s L.wyer

39


In MemoriJm

OSCAR FENDLER Oscar Fendler, president of the Arkansas Bar Association in 1962-63, passed away December 23 at his home in Blytheville. He was 93. His attraction to and love for the law and politics began early in his life, leading him CO receive his law degree from the prestigious Harvard Law School. Afterward he became a solo practitioner in Blytheville where he continued to practice for over 60 years. Called to active dury in 1942, he served in the US Navy for four years during WWIl, and he received Bronze Star. Aft:er rerurning from the war, his service ro the legal profession flourished. He was elected to a position on the Mississippi County Democratic Central Committee, which he served on for more than 50 years. Later he was appointed as a Temporary Associate Justice ro the Supreme Court of Arkansas and as a member of the Arkansas Board of Pardons and Paroles. He was also one of the founders of the Arkansas Law Review, and he served as a member and as Chairman of the Board at the University of Arkansas School of Law. Active in a number of professional organizations, he served as president ofborh the Arkansas and Blytheville Bar Associations. His contributions to the Arkansas Bar Association were many. Aside from holding the presidency, he served on its Executive ommittee as well as numerous other committees throughout the years. He was also the 1974 recipient of the Outstanding Lawyer-Citizen Award, which is presented jointly by the Arkansas Bar Association and

me

40 TI,e Arkansas lawyer

vvww.arkbar.com

the Arkansas Bar Foundation. He was a member of the Arkansas Judicial Council, the American Bar Association, and the American Judicature Society, where he served on its Board of Directors, in addition (Q being a fellow of the Arkansas Bar Foundation, the American Bar Foundation and American College of Trust and Estate Counsel. His leadership extended beyond the law as well. He was a member of the Blytheville Rotary Club for over 60 years, serving as its presidenr; a member of the American Legion Post o. 24 in Blytheville; and a member of the Chickasawba Lodge No. 134, Free and Accepted Masons 111 Blytheville. He was also an active member of Temple Israel in Blytheville. He is survived by his wife, Patricia Shane FendJer of Bytheville; his daughter, Frances Shane Fendler of Little Rock; his son, T.P. "Chip" Wright III of Fayetteville; two grandchildren and three great-grandchildren.

CAROL ANN LAWSON Carol Ann Lawson of Columbia, Mo. died November 10. She was 53. Lawson was born in Plainview, Texas and graduated from Texas Tech University with a bachelor's degree in home economics. Later she graduated from the University of Arkansas School of Law. Known for her high energy and supportive nature, she was a member of Missouri United Methodist Church, the Constance Emig Circle of Kings' Daughters, the Assistance League of Mid-Missouri, Delta Delta Delta Alumni Association and the Missouri Medical Alliance. She is survived by her husband, Noel Lawson of Columbia; a daughter, Kathryn Lawson of Columbia; a son, James Lawson of Columbia; her mother, Ermis Goble of Lubbox, Texas; her father, Ray Buchanan of Lubbox, Texas; a stepfather and a brorher.

HUGH W. HARRISON Hugh W. Harrison died September II at his home in Jonesboro. He was 78. A native of Mena, Harrison moved to Jonesboro from Little Rock in 1971. He graduated from the University of Arkansas School of Law, and he was a member of the Craighead County and Arkansas Bar Associations. He was also a member of First Presbyterian Church in Jonesboro. A longtime member of the Arkansas Bar Association, Harrison was active in a number of its committees. His work on the Legal Aid Committee, Professional Ethics and Grievance Committee and the Lawyer Referral Service Committee, where he served as chair, was extensive. He also chaired the Annual Meeting golf rournamenr for many years. He was preceded in death in 200 I by his wife, Peggy Harrison, and two sisters. He is survived by one daughter, Ceila Mansur of Linle Rock; three sons, SCOtt Harrison of Jonesboro, Hugh W. Harrison 1I1 of Clarksville and Martin Harrison of Hot Springs; cwo sisters; eight grandchildren; and six great-grandchildren.

JOHN D. ELDRIDGE John Dupree Eldridge, president of the Arkansas Bar Foundation in 1966-67, died September 25 at the age of93. He lived and practiced law in Augusta for more than 60 years. A graduate of the Universiry of Arkansas in 1929, he went on to obtain his LLB from George Washington Universiry in 1933. After graduation he served as a Staffanomey for the Federal Trade Commission in Washington, D.C. unril returning to Arkansas in 1937 to start his own practice. He practiced as a partnership with his son from 1974 uncil his retirement in 1999. Eldridge served the state, his community


In Memoriam and the profession in countless ways. He was senior vice-presidcnc and director of the Bank of McCrory for over 50 years. He was an Arkansas State Senator. and he served as a liaison to Governor Winthrop RockefelJer. He was also a fellow of the Arkansas Bar Foundation, American College of Trial Lawyers and American College of Trust Estate Counsel. A sustaining member of the Arkansas Bar Association, his work for the Association was impressive. He served on its Execmive Committee and in its House of Delegates. He also served as chair of the Professional Ethics and Grievances Commince. Admission to the Bar Commince and PreLaw Advisors Committee. Remembered for his diverse interests and long, healthy life, Eldridge's longtime friend Senior U.S. District Judge Thomas Wiseman was quoted in an article written in the Arkansas Democrat-Gazette as saying, "He was a Renaissance man. He had a broad range of interests and did all of them well." Eldridge is su.-vived by two daughters, Belinda Rubens ofWest Memphis and Mary Berry of Little Rock; a son, John "Jay" D. Eldridge III of Augusta; six grandchildten and three great-grandchildren.

Student Liaison Committee; a sustaining fellow of the Arkansas Bar Fowldation; past president of the Washington Counry Bar Association; and a member of the American Bar Association. His involvement 111 community organizations was extensive as well. He was president of the Fayetteville United Fund and the Fayetteville Boys Club, a member of the board of trustees and an elder for the First Christian Church in Fayetteville. He also was a member of the Masonic Lodge 1 of Washington County, the Fayetteville Chamber of Commerce, the Washington Historical Sociery, the American Legion, the Veterans of Foreign Wars, the U.S. Air Force Association and Sigma Nu fraternity. He is survived by his wife, Virginia; a daughter, Jan Collier; a son, A.D. (Lonnie) McAllister Ill; three grandchildren; and three great-grandchildren.

Kinney was a member of the Arkansas Bar Association, American Bar Association, Arkansas Trial Lawyers Association and the Association ofTrial Lawyers of America. He also served as president of the Sr. Francis County Bar Association. His contributions to the Arkansas Bar Association and the Arkansas Bar Foundation, of which he was a fellow, were far-reaching. He served in the Association's House of Delegates, and he was elected to its first Board of Governors in 2001. He also served on a number of its committees, stich as the Legal Aid Committee, the Jurisprudence and Law Reform Committee and as chair of the Labor Management Relations Committee. Active in his community, he was a member of First Baptist Church, the Forrest City Rotary Club and the Forrest City Chamber of Commerce. He was a Gideon, a life member of the Veterans of Foreign Wars and chairman of the Forrest City Planning Commission. He is survived by his wife, Patsy Patrick Kinney; a son, Baird Kinney of Forrest City; a daughter, June Kinney Belew of Memphis; a twin brother, Clarke Kinney of Little Rock; and one grandchild.

A.D. MCALLISTER JR

DAVID KEARNEY GUNTI

A.D. McAllister Jr. of Fayetteville died October 29. He was 82. He received his bachelor's degree in business from the Universiry of Arkansas before graduating from the University of Arkansas School of Law in 1948. Before attending law school, McAllister served as a bombardier with the 8th Air Force during WorJd War II. He was awarded the Distinguished Flying Cross and retired as a lieutenant colonel in the USAF Reserves. In 1950 he joined Sen. Clifton Wade's law firm in Fayetteville, working there for almost 50 years before joining the Friday Eldredge & Clark law "nn in Fayetteville. He also served as Fayetteville city attorney for 10 years, and he was appointed three times to serve as a special justice for the Supreme Court of Arkansas. McAllister was a member of the Arkansas Bar Association, where he co-chaired both the Internship Committee and the Law

David Kearney Gunti, 60, of Pine Bluff died November 8. In 1966 he graduated from me University of Arkansas at Fayetteville where he was a member of Phi Delta Theta fraternity. Just two years later he received his LLD degree from the Universiry of Arkansas School of Law. While at the U of A, he served in the esteemed position of editor for the Arkansas Law Review. He returned to Pine Bluff in 1969 and became a partner in Bairn, Gunri, Mouser, Robinson and Havner. A sustaining member of the Arkansas Bar Association, a member of the American Bar Association, and past president of the Jefferson County Bar Association, Gunri's volunreerism was honored in 1995 when he was named Attorney of the Year by VOCALS. Gunti was also a member of St. Joseph Catholic Church. He is survived by his wife, Marie Hurst

KNOX KINNEY Knox Kinney, a 78-year-old resident of Forrest City, passed away November 8. A longtime Sr. Francis County resident, Kinney volunteered for service in the U.S. Army in 1942. He served for three years in the 14th Armored Division under General Patton and General Smith and was awarded tWO bronze stars for his service in combac. Kinney later received his bachelor's degree in business administration and his law degree from Vanderbilt Law School in 1949. He was elected to the Arkansas Legislature in 1950 and served four terms in this position. He also served as Forrest City city attorney for 32 years.

Vol. 38 No. I/Winter 2003

n,e Arkansas lawyer

41


In Memoriam Guna; two daughters, Susan Guna McGeorge, MD of Little Rock, and Ann Ellen Gunti of Pine Bluff; a brother; and a grandson. MARGARET WOOLFOLK Margaret Woolfolk recently passed away in her home in Marion. She was 85. Her career began in journalism at the Crittenden County Times where she did everything from reponing {Q sweepmg floors, typesetting {Q working the front counter. During WWIl, she worked as a radio operator and Link trainer for Chicago and Southern Airlines in New Orleans and in Memphis. After the war, she returned to Crittenden County and worked her way up the editorial ladder. By 1959, she had become the editor and publisher of the west Memphis Evening Times and general manager of Crittenden Publishing Company. She left Crittenden Publishing Company in 1976, completed her histories of Crittenden County and Marion and embarked on a higher educational journey that culminated in her late sixties when she received her Juris Doctorate from Memphis State University in 1985. A member of numerous organizations, such as the Crittenden County, Arkansas and American Bar Associations, she was also active in the Arkansas Central Democratic Committee, Arkansas Press Women and the National Federation of Press Women. She served as director of the West Memphis Chamber of Commerce, and she was a member of the U.S. Air Force Reserve, honorably discharged with the rank of staff sergeam. Her ongoing efforts to enhance literacy were honored recently when a new library in Marion was named in her honor. The Margaret Woolfolk Library houses many of her writings and personally recorded comments on her distinguished life.

Plan to be in Hot Springs for the

l05th Annual Meeting

Mark Your Calendar Now for the meeting that promises you a powerful blend of practical CLE, outstanding speakers, great networking and fun for the whole family!

June 11路14, 2003 Arlington Hotel, Hot Springs Plan to attend:

Clarence Darrow Crimes, Causes & the Courtroom A Theatrical Performance Combined with a Panel Presentation on "Serving Your Cliems, The Coun and the Community路 EthicaJly and with Professionalism"

L;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;::::::::'I ELECTRICAL ACCIDENTS Paul D. Mixon, PhD., P.E. Engineering Consultant PO. Box 3338 State University, AR 72467 (870) 972-2088 (870) 972-3948 FAX pmixon@navajo.astate.edu Electrical Accident Investigation and Analysis, Contact Cases and Electrocutions, Electrical Injuries, Property and Equipment Damage, Electrical Fires, Safety Codes (NEC, NESC, UL), Expert Witnessing for Plaintiff and Defense Related Cases.

42 TIle Arkansas La\I\Ycr

VV'VYW.arkbar.com


Arbns~ls Bar Foundation Memorials and Honorariums

n" Arkamas Bar Foundation acknowledges wich gracefitl appreciation the receipt ofthe /OI/owing memorial. hOllorarium and scholarship contributiom received during the period September 1. 2002 through December 31.2002: IN MEMORY OF JUDGE WARREN KIMBROUGH Judge and Mrs. John F. Srroud. Jr. Hardin. Jesson & Terry, PLLC Judge Annabelle Clinton Imber Robert H. Dudley Marjorie iblock Judith Gray IN MEMORY OF HUGH W. HARRISON, jR. Jack C. Deacon Judith Gray IN MEMORY OF JOHN ELDRIDGE Judge and Mrs. John F. rroud, Jr. W. Christopher Barrier Judge John M. Pirrman Judirh Gray IN MEMORY OF CUNT HUEY Charles B. Roscopf IN MEMORY OF JUDGE DAVID O. PARTAIN Roberr H. Dudley

, Designared to the Judge Henry Woods Scholarship Fund.

approximately forty (40) named scholarship IN MEMORY OF A. D. McALUSTER Marjorie Niblock IN MEMORY OF JAMES H. McKENZIE Marjorie Niblock Charles B. Roscopf" Berry and Marrin Gilberr' Judge James M. Moody' . Designated [Q the Horace and James McKenzie Scholarship Fund. IN MEMORY OF BILL WELLS Judge Annabelle Clinton Imber

MEMORY OF KNOX KINNEY Phillips Counry Bar Association Roscopf & Roscopf, P.A. Judge John M. Pirrman Louis B. Jones, Jr.

IN MEMORY OF KEN SUGGS Judge Annabelle Clinron Imber Stephen Engsrrom IN MEMORY OF ERNEST LAWRENCE idney H. McCollum'

BIRTHDAY. ANNIVERSARY OR RETIREMENT CELEBRATION? REMEMBER, THE ARKANSAS BAR FOUNDATIO ...

. Designated co the Ernest Lawrence

IN MEMORY OF WIS FESSENDEN Judge William R. Wilson and Cathi Compton

IN MEMORY OF ZED AND IMOGENE GANT Marjorie Niblock

IN MEMORY OF DAVID MARTIN MOUSER Judirh Gray

IN MEMORY OF JUDGE HENRY WOODS Marjorie Niblock Jo-Ann Goldman'" Judge James M. Moody"

IN HONOR OF THE ARKANSAS BAR ASSOCIATION Rebsamen Insurance

IN MEMORY OF RAY HARTENSTEIN laire and Joe Holmes

David Solomon

Wilson & Associates, PLLC

Sebastian County Bar Association.

IN MEMORY OF DAVID GUNTI Claire and Joe Holmes David and Karen Baim Reagler

Judirh Gray

Marrin and Berry Gilberr Judge James M. Moody

Scholarship Fund, esrablished by rhe

IN MEMORY OF OSCAR FENDLER Frederick Ursery Dr. Roberr R. and Judge Susan Webber Wright Jack C. Deacon Mary Anne Burr and Wm. Jackson Burr, II Roscopf & Roscopf, P.A. Judith Gray

Cross County Bar Association

endowmelHs. The Foundation expresses appreciation to the following donors whose designated gifts to various scholarship endowments assist law students in Arkansas with their legal education:

The Arkansas Bar Foundation is pleased to announce the recent establishment of a new scholarship fund entitled the Sebastian County Bar Association

Scholarship Fund. I

SCHOLARSHIPS The Arkansas Bar Foundation administers

The Arkansas Bar Foundation receives contributions in honor of individuals on a regular basis. To make a donarion, the donor makes the check payable ro the Arkansas Bar Foundation and nores on the memo line or cover lerter rhe details of the honorarium ("in honor of "

along with rhe address for rhe honoree). In rum, the Foundation will acknowledge receipt. A letter will be sent (0 the honoree advising him or her of the contribution and who gave the donation in his or her honor. These contributions to the Arkansas Bar Foundarion are cax deductible.

CONTRIBUTIONS MAY BE MAILED TO: ARKANSAS BAR FOUNDATION, 400 WEST MARKHAM L11TLE ROCK, ARKANSAS 72201

Vol. 38 o. I/Winler 2003

TIle Arkansas La\ryer

43


,

".

",,,

President's Report from page 3

.

.."-..,' ._. i-'·_--..".. "iOi'...Ill." '''''OM """.'"'''''''''' "",." ..,.....""

-

~

'" '

students concerning these principles and the histOry which lies behind them. Various efforts are being made by lawyers to try to encourage more interest in these areas such as: Law Day; the American Bar Association program. "Dialogue on Freedom" for high school students; the "Mock Trial" program of the Arkansas Bar Association for high school students; and the "And Justice For All" program by the American Bar Association, which is directed primarily coward members of minority groups. Unfortunately, these programs reach only a small fraction of people. A new. reinvigorated program from the schools is needed to inform our younger generatjons. One advantage is that the need for justice is a common cry of all humanity. Citizens, young and old, should appreciate the need to understand their rights.

~

".V"".... " ......""••" .... "",_".. It.--=-fr'''Z,_·..............-.... ".. " ,

."""'."." .."..,.".. '*;:-:....,- ,,,,, :;:':'~:.::;.':::~:"" .......- --.,... .... ",.,.",,,,.... ..................

_~_

,

. . . . <0

,,,,, ,,

.,

"'.,-"

"

,

..

.

:::::- --:.:...• -

.----

~""=::.._ -=: ._- ::::"--=:'-.-:.:;-

-_._._-_..- ......•, -"=='"'...:"

-

, ..t

."

"

-_..-

'-

...

""

_._.'--

---_... _-

=--:.

_.'""";';;.

..

IOn

::::

';:'::-.:1:=:..

:.=..

..

ou.

It is only if all of our people. minority and majority, understand their rights that they can know when their rights are being infringed by legislation or actions of others, acting officially or otherwise. Bad laws frequently come from good intentions. If we do nOt know and understand our rights. we cannot detect dangers to them. Only by understanding can we protect the rule of law which has provided our country with the best form of government. and our people with the most freedom that the world has ever known. We need to guard against surrendering any of our rights for reasons of expediency or security. As members of the legal profession, we owe a special duty and obligation to protect the rights of the individual and to preserve the rule of law.•

'.

clJssified Advertising

,"

. __ ... _---_ ..

::::::"'.::.

~-_._._

...

_-

~E'.£..;;r~~~:.-:.::;=:=-~.:..:::E? ..__....... ••_M ._._..... _. ,:;...:...'"'='===="'-""===:=:.:.:..,-;"'.::::-

-...... _.... _._ .. -._ .... . - --

~=.==-=:-.:::::::...-:.-_~=':.==;c:

DEVELOPMENTAL DISABILITIES/ MENTAL RETARDATION/SPECIAL EDUCATION/MENTAL HEALTH/ NURSING HOME & HOSPITAL STANDARD OF CAREExpert witness services provided related to Standard of Care issues in health and human service agencies. William A. Lybarger, Ph.D. 620-221-6415 dybarge@yahoo.com/ www.tonylybarger.com

~-::.."':""..:-

.....

Index to Advertisers PAGE

AMP ABA Retirement ADR, Inc. Air Charter Express

38

ArlAP David Ward

28

3J

36 4

37

Eel

21

ElITe Lawye" Group. Inc. INA

32

John McAJlister Legal Directories Publishing Lexis·Nexis On-Line M & M Press Moore Stephens Frost Paul Mixon

Rebsamen Insurance Richard L. Schwartz Tracy Fox West 44 TI,e Arkansas Lawyer

22 34 26 Inside Back Cover

2J 35 42 Back Cover 37 25 Inside Front Cover www.arkbar.com

Multi-specialty law firm in Northwestern Arkansas has an opening for an attorney to practice in the areas of estate planning and probate. Three or more years of experience in these areas preferred. All candidates should have excellent academic credentials. strong writing skills, and professional recommendations. Please send resume to: Recruiting Coordinaror, P.O. Box 5130, North Lirde Rock, AR 72119.

POSITION ANNOUNCEMENT-Assistant Federal Public Defendet The Federal Public Defender Office for the Eastern and Western Districts of Atkansas is accepting applications for an Assistant Defender position at the Fayetteville Branch Office. Applicants must be members in good stand.ing of the State Bar in which they are admitted to practjce and must be eligible for immediate admission to the Bar of the United Scates District Court for the Eastern and Western Districts of Arkansas, as well as the Eighth Circuit Court of Appeals. Applicants must have sufficient experience to immediately undertake the defense of criminal cases in federal court-from arraignment through appeal-in Ft. Smith, Fayetteville and Harrison. Assistant Federal Public Defenders may not engage in the private practice of law. Salary will be based upon qualifications and experience. To obtain an application: (I) Wtire co me Federal Public Defender Office: 310 Sourh Louisiana Smer, Linle Rock, AR 72201; or (2) Visit our webpage at: www.arfpd.com NO TELEPHONE CALLS PLEASE APPLICATION MUST BE POSTMARKED BY 2/05/03 THE FEDERAL PUBLIC DEFENDER IS AN EQUAL OPPORTUNITY EMPLOYER. EMPLOYMENT IS AT WILL.


What can an attorney learn from a fish?

Surprisingly, one of the most reliable sources for honest information is a hunting and fishing license. Applicanrs almost universally seem to ler down their guard. Perhaps they rhink no one will look up such an arcane document. They have no way of knowing that the fast, intuitive LexisNexis'" rota I research system offers you the Web's most extensive collection of public records - including a few among the 1.9 billion that some might call arcane. It's just onc morc example of how our service goes beyond cases and codes so that attorneys have a sporting chance. The LexisNexis toral tesearch sysrem -

It's how you know. Go beyond cases & codes at www.lexisnexis.com. or call 877-810-5324 for more information.

,.

LexisNexis'路 Ir's how you know

1M

LexisNexis and the KllowleclllB Burst 1000 are trademarks 01 Reel! Elsevier Properties Inc., used under license. It's How You Know is a trademark of LexisNexis. a division of Reed Elsevier Inc. o 2002lexisNexis. a divIsion of Reed Elsevier Inc. All nohlS reserved.

I Al5500 I


LIABILITY

40,000 lawyers are expert witnesses to our reputation. Top law firms trust CNA's Professional Liability Program. As part of an insurance organization with $60 billion in assets and with an "A" rating by A.M. Best, we help clients manage malpractice risks. See how our legal expertise can help your firm by contacting

Rebsamen Insurance at 888-272-6656 1500 Riverfront Drive, Suite 110, Little Rock, AR 72202 Vernon Dutton at 501-661-4959 (vernondutton@rebsamen.com) Susan Behr at 501-661-4953 (susanbehr@rebsamen.com) The only endorsed professional liability plan of the Arkansas Bar Association. www.arkbar.com / www.lawyersinsurance.com

lr-rlRebsamen , . . Insurance

~NA

CNA is a service mark and trade name registered with the U.S. Patent and Trademark Office. The program referenced herein is underwritten by one or more of the CNA companies.


VOL.38_NO. 1_WINTER 2003