Memphis Lawyer February/March 2016

the magazine of the Memphis Bar Association

View

from the

Bench:

Chancellor Jim Newsom

Access to

Transforming

More than 10 Years

Your Power: How You

Memphis

Influence

How Others

Justice:

of Serving the

Community

&

Influence You

th coming 40 Annual

Bench Bar soon Conference

Vol. 33, Issue 1

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Volume 33, Issue 1

ON THE COVER

In the Ring with Dr. Ring, featured speaker of the upcoming CLE - Transforming Your Power: How You Influence and How Others Influence You

FEATURES 8 10

In the Ring with Executive Coach Dr. Trish Ring

BY GIGI MCGOWN

Preview: 40th Annual Bench Bar Conference

12 Access to Justice: More Than 10 Years of Serving the Memphis Community

BY LINDA WARREN SEELY

18

Portrait Unveilings: Judge Goldin and Judge Williams

BY ANA ALFORD

COLUMNS 6

President’s Column

BY SHEA SISK WELLFORD

14

Memphis Bar Foundation in Practice: CASA

16

View from the Bench: Chancellor Jim Newsom

25 30

MALS Corner: 2015 Year in Review

BY THE HON. JANICE M. HOLDER

The CLC in 2016: Building Relationships

BY ANNE MATHES

DEPARTMENTS 20 22

The Court Report

BY DEAN DECANDIA

The Court Report: United States District

BY DEAN DECANDIA

26

Memphis Bar Association Happenings

34

People in the News

38

Classified Advertisements

3

MEMPHIS LAWYER

2016 MBA Officers

the magazine of the Memphis Bar Association

MBA Publications Committee Stephen R. Leffler, Chair Karen Campbell Dean DeCandia Nicole Grida Sean Hunt Kim Koratsky Gigi Gaerig McGown Harrison McIver Jared Renfroe Ellen Vergos Mary Wagner Mason Wilson

Shea Sisk Wellford President

The MBA reserves the right to reject any advertisement or article submitted for publication.

Vice President

Earle Schwarz

Secretary/Treasurer

Thomas L. Parker Past President

2016 Board of Directors Jeremy Alpert Megan Arthur Lara Butler Betsy Chance Annie Christoff Jennifer Hagerman Doug Halijan Jonathan Hancock Maureen Holland Earl Houston Carrie Kerley Andre Mathis Gigi Gaerig McGown

Cover Photo Dr. Trish Ring at her equine coaching facility, Blue Star Ranch in Highlands, North Carolina.

The Memphis Lawyer is a publication of the Memphis Bar Association, Inc. that publishes six times each year. The publication has a circulation of 2,200. If you are interested in submitting an article for publication or advertising in an upcoming issue, contact Anne Fritz at 527.3575; afritz@memphisbar.org

Dean DeCandia

Asia Diggs Meador Elijah Noel, Jr. Lisa Overall Valerie Smith Jill Steinberg Section Representatives Imad Abdullah Stuart Canale Maggie Cooper Anne Davis Sean Hunt Toni Parker

ABA Delgate Danny Van Horn AWA Representative Jodi Runger NBA Representative Felisa Cox Law School Representative Elizabeth Rudolph YLD President Jonathan May

MBA STAFF

Anne Fritz

Executive Director

Lesia Beach

CLE/Sections Director

Charlotte Gean

Executive Assistant/ Membership Coordinator

Katherine Newsom Communications and Membership Director

Introducing Communications and Membership Director Katherine Newsom The Memphis Bar Association 145 Court Ave. Suite 301 Memphis, TN 38103 Phone: (901) 527-3573 Fax: (901) 527-3582

www.memphisbar.org

Katherine Newsom joined the MBA as the full-time Communications and Membership Director on January 26, 2016. She received her Bachelor of Science in Journalism and Electronic Media from the University of Tennessee, Knoxville, in December 2010 and has worked locally as a public relations professional with nonprofit, corporate, and political experience. Katherine’s responsibilities include developing strategies to recruit and retain members and communicate with members/non-members; overseeing the content and design of the MBA’s publications and website; social media outreach, and public relations. If you’re in the MBA office, stop by and introduce yourself – we’re excited to have her on board!

If you have content you wish to submit content for MBA publications, please contact her at 901.527.3573 ext 113 or knewsom@memphisbar.org.

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PRESIDENT'S COLUMN

by SHEA SISK WELLFORD

A

Carpe diem!

Rejoice while you are alive; enjoy the day; live life to the fullest; make the most of what you have. It is later than you think.

-- Horace

fter I was elected, a member of the bar shared with me a book he had kept of MBA pictures, newsletters, and articles dating back to the 1950s. It is a trove of historical information, and has been a resource for a new addition to the weekly Bar Bulletin – the “Throwback” section – where some of the pictures have been featured.

They are quite entertaining. If you have not opened your Bar Bulletin email recently, I think you will be pleasantly surprised to find fresh design and content that the MBA’s newly hired Communications and Membership Director, Katherine Newsom, has put into place. Look for the Bar Bulletin in your email inbox every Thursday.

the leaders of the Memphis Bar for exemplifying the concept of professionalism is a true case of leading by example.

It was in this historic archive that I found an interesting article from 2001, published in Board Notes by the Board of Professional Responsibility. Laura Chastain, a member of the board, wrote in an article titled Memphis Lawyers Known for Professional Courtesy:

While Ms. Chastain was speaking of the “Memphis Bar” in the broader sense, the Memphis Bar Association plays an important role in fostering relationships among the members of the bar and providing opportunities that enhance professional satisfaction, both of which are crucial to maintaining professionalism and promoting fulfillment in our careers. Neither professionalism nor satisfaction in our professional lives comes easily – it is something that we must work to achieve. One of the things that the Memphis Bar Association is good at doing is giving its members the opportunities to achieve both of these interrelated goals, which are part of the intangible, but very real, benefits of being an engaged member of the MBA.

Having been assigned to the Memphis area since being employed by the Board of Professional Responsibility in 1990, I can attest to the fact that Memphis lawyers display professional courtesy and conduct in even the most difficult situations. On only a couple of occasions over the past ten years have I encountered anything less than the highest level of professional conduct.

This says a lot about Memphis lawyers, many of whom I see in less than optimum circumstances.

It is my belief that the established reputations of

Many of you have read or heard about the widelyreported on study released in February 2016 in the Journal of Addiction Medicine that finds higher levels of alcohol abuse and dependency, depression, and anxiety among lawyers compared to the general population.

Isolation and the stress inherent in our profession have been noted as either contributing or concurrent factors associated with dependency issues. While I would not suggest that the bar association provides a panacea for these issues (which require professional attention), it is a place where attorneys can make important connections

6

with others that help alleviate those factors and promote well-being.

The bar association is undoubtedly a place that fosters professionalism, allowing us to be adversaries in a civil manner. Working in an atmosphere of professionalism makes it easier to find professional fulfillment as well, and the bar association provides ample opportunities to engage in activities that can lead to increased satisfaction in ways another billable hour and our computer screens cannot. Mentoring a young attorney, participating in a section with other like-minded attorneys, speaking at a CLE, interacting with other attorneys in a social setting, judging a mock trial competition and providing feedback to eager-to-learn high school students, walking a grateful client through a problem to a solution at the Saturday morning legal clinic, sponsoring a student for the summer through the SLIP program, working with your fellow attorneys on a bar committee, attending the Bench Bar conference, participating in Law Week activities – all of these are avenues for increasing professional satisfaction and well-being. I urge you to take advantage of the many opportunities your bar association offers. You can find

a calendar of events, a list of Sections and Committees, and more information on how to become involved at www.memphisbar.org.

A new and different opportunity that you may want to consider is scheduled for March 23, 2016. Trish Ring, PhD., will lead an interactive CLE workshop entitled “Transforming Your Power: How You Influence and How Others Influence You.” Dr. Ring, who coaches professionals, executives, and attorneys, will lead participants through a series of exercises designed to provide insight into thought patterns and how they affect our professional and personal goals. To sign up for the seminar, call the bar office 527-3573 or visit the bar’s website. Carpe Diem -- I hope to see you there. t

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Schedule a case with Memphis Mediation Group at

901-328-8227

In the Ring with Executive Coach

Dr. Trish Ring

by GIGI MCGOWN

T

rish Ring employs the Socratic method with a client much the way law school professors do, asking question after question, until she gets to the heart of the matter. But instead of finding the holding of a case, she uncovers thought processes and belief systems in need of evaluation and assessment. While watching her in action, the phrase “The unexamined life is not worth living” comes to mind.

Most of us associate coaching with sports. We might remember a beloved figure who taught us how to slide into home base or catch a fly ball. As adults trying to score goals and victories in our careers, we often need that same type of guidance navigating our own professional paths. This is where Trish Ring comes in. As an executive coach, Dr. Ring partners with CEOs, attorneys, and other highly-motivated professionals to help them realize their professional and personal goals, helping clients identify perceived roadblocks or faulty thinking that may stand between them and what they want to achieve.

Dr. Ring, who holds a PhD in Counseling Psychology, helps professionals determine what changes they could make either in thinking or behavior in order to reach their goals, navigate a career or personal roadblock, or simply attain a life that they enjoy. As Dr. Ring states, “I believe we all deserve to love our lives. If you do not love your life, it is probably because you are clinging to a belief that is not true. And continuing to believe in something that is not true is what 8

keeps you working compulsively, failing to set boundaries, depleting your relationships and failing to take care of yourself.”

Dr. Ring herself underwent just such a personal journey when she transitioned from an 18 year career as a therapist to executive coaching. “My colleagues thought I was crazy to leave a successful therapy and consulting practice to do executive coaching – but I wanted to find a career where I could make the best use of my skills to help people who were ready to transform their lives. And what I’ve learned is that when you love what you are doing and you’re utilizing your natural talents on a regular basis, your work does not feel like work.” Dr. Ring wants to help others find the same satisfaction and happiness in their work and personal lives that she has found.

Dr. Ring has coached a number of attorneys and is familiar with the unique stresses of the legal profession. As we all know, lawyers are often called upon to be critical, skeptical, judgmental and analytical -- qualities that make them good at their jobs, but can have detrimental

effects. Dr. Ring uses a variety of tools to coach the client. “Often, I will start by helping my client to get clear on what things are stressors in his life. I will ask him, what is the area of the least satisfaction in your life?

Then we talk through those areas and I try to uncover his limiting beliefs – these are the beliefs that are keeping him stuck in situations and relationships that are making him unhappy. I then challenge his limiting beliefs and provide alternative thoughts that are just as compelling, but which would allow him a way out of the frustrating situation. We list all possible scenarios until the client realizes that his original limiting belief is illogical or fearbased. This often leads to a breakthrough and the client can move forward. Other times, I help the client see that his current dilemma can actually be perfect for him since a dilemma can be an opportunity to integrate different parts of yourself.” Dr. Ring’s process of helping the client articulate his own values, beliefs, fears, and motivations enables the client to engage in conscious decisionmaking.

Dr. Ring coaches clients in Memphis and also at Blue Star Ranch, which she and her husband, Carl, own and operate in Highlands, North Carolina. Dr. Ring conducts workshops at the ranch where she offers private and small

group sessions of equine assisted coaching, using her signature RingLeader Equine Coaching technique. Dr. Ring invites clients into the round pen where they work with moving the horses, communicating, cooperating, and other exercises on the ground. Her equine coaching technique involves exercises in leadership and non-verbal communication. She has found that working with horses is often transformative for many of her clients, even those who have never ridden a horse in their lives.

On March 23, 2016, Dr. Ring will conduct interactive CLE workshop for the Memphis Bar Association entitled “Transforming Your Power: How You Influence and How Others Influence You.” In the seminar, Dr. Ring will work with attendees to explore influence, cognitive biases, faulty logic, and automaticity. She will also cover principles of cognitive reframing, including the thoughtfeeling-behavior feedback loop and how to change it.

Participants will work on conscious decision-making and techniques to increase professional and personal satisfaction. t For more information about Dr. Ring or Blue Star Ranch, visit www.trishring.com.

9

Bench Bar:

40

AND STILL GOING YEARS STRONG!

I

n 1977, under the leadership of MBA President Emmett Marston, the Memphis Bar Association held its first ever Bench Bar Conference. The purpose of the conference was, and remains, to provide an opportunity for lawyers and judges to get to know one another in a relaxed, informal atmosphere to increase professionalism and collegiality. In her column, President Shea Wellford cites remarks by Laura Chastain with the Board of Professional Responsibility, about the outstanding courtesy and conduct exhibited by Memphis lawyers.

The Bench Bar Conference has played an important role in enhancing civility and courtesy among members of the Bar and between the Bench and Bar. As is often said, it’s easier to deal with an attorney or judge when you’ve had the chance to get to know them outside the stress of the courtroom.

The 40th Anniversary edition of the conference will be held at Tops’l Beach Resort in Destin, where it moved in 1999, but at a later time than usual – Labor Day Weekend. Plans now are for the conference to begin with a welcome reception on Thursday, September 1.

CLE programming will held on Friday, Saturday and Sunday mornings, leaving Monday, September 5 as a travel day. Recognizing that Labor Day weekend is the beginning of football season, the social subcommittee has plans for tailgate and football watch parties as well as activities for the spouses and children of attendees. The Conference will offer a full year’s worth of CLE credit (15 hours including 3 hours of ethics); many social and sports events; and a beautiful, relaxing location.

It’s hoped that the move to Labor Day Weekend will 10

make it easier for those with school-age children or those who often had conflicts with graduations or Mother’s Day to attend. By reducing the conference’s length, from four to three days, attendees will have less time out of the office.

?

Trivia question

Where was the first Bench Bar Conference held?

The person who emails Anne Fritz, afritz@memphisbar.org, first with the correct answer will receive $25 off the Bench Bar registration fee. Watch the Bar Bulletin and upcoming issues of the Memphis Lawyer magazine for more opportunities to receive discounts!

One of the draws of the conference is the opportunity to interact with local judges. Judges planning to attend the Conference include Chief U.S. Magistrate Judge Diane Vescovo and Circuit Court Judge Robert Childers (co-chairs of the conference along with Jana Lamanna); U.S. District Judge Sheryl Lipman and Criminal Court Judge John W. Campbell (CLE chairs of the conference along with Valerie Smith); Magistrate Judge Tu Pham; Juvenile Court Judge Dan Michael; General Sessions Criminal Court Judge Gerald Skahan; and Probate Court Judge Kathy Gomes.

The Bench Bar Committee will have a table at the Law Week Launch Party on April 29 with “swag” and a chance to register for the conference. Be sure to stop by the table – and make plans to attend the 40th Conference from September 1-5! t

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11

Access to Justice More than 10 Years of Serving

the Memphis Community

by LINDA WARREN SEELY

I

n 2004, Andy Branham, MBA Executive Director Anne Fritz, and then Tennessee Bar Association Pro Bono Coordinator Becky Rhodes came together with a plan to help the Community Legal Center and Memphis Area Legal Services forge a better working relationship by creating an Access to Justice Committee.

The committee's mission was to help the two legal service providers better coordinate the services provided to the Memphis community and provide a platform for the them to plan together with the help of the bar association.

Over 10 years later, the Access to Justice Committee is one of the most active MBA committees. Representatives of various organizations serve on the committee which meets monthly to plan pro bono and other community events designed to enhance the ability of the citizens of Shelby County to secure legal advice, information and representation.

The two most successful and long-running programs are the Attorney of the Day Courthouse Advice and Counsel Clinic and the Saturday Legal Clinic. The Attorney of the Day Clinic started in 2005 after General Sessions Judge Phyllis Gardner pointed out the large number of pro se litigants who came through her court every day. Judge Gardner wanted the litigants to have a better chance of success in the courtroom because, as she put it, "I see people every day who have good claims or defenses but they don't know how to present them. I'm not allowed to help them but I sure wish someone could find a way to get them the information they need." It was 12

out of that need that the committee's first project was to secure room 134 at the Shelby County Courthouse one afternoon a week so that litigants could talk to an attorney about their General Sessions case. Originally designed to assist pro se litigants with process and procedural issues, the clinic, which is open almost every Thursday during the year from 1:30 to 4:00 pm, sees 10-15 people every week on a variety of issues ranging from how to complete a civil warrant to how to introduce photos as evidence.

After the success of the Attorney of the Day Clinic, the committee began to consider ways to provide a similar service on the weekends when people in the Memphis community would be able to talk to an attorney under less stressful and hurried circumstances. It was decided that attorneys would be recruited, a location sought

this week-long event, which features an array of services including assisting with pro se divorce forms, preparing and executing advance directives at senior centers, helping with immigration clinics and providing in-depth legal research projects.

on a Saturday morning from 9 am until noon, and the program would be designed to provide applicants a chance to meet and talk with the attorneys like they did at the Attorney of the Day. On a cold morning in February of 2006, 15 lawyers gathered at the First Baptist Church on Broad. At this first ever Saturday clinic, the attorneys saw about 7 applicants. But they weren't discouraged at all and for the first three years, clinics were held at different churches all across Memphis on the second Saturday of the month. Eventually, the committee decided to find one central location where people could come for help regularly; the central library on Poplar provided the perfect location. Once the committee was able to secure the three downstairs meeting rooms each second Saturday and the library began publicizing the event, the number of applicants mushroomed. One Saturday as many as 150 applicants came for help. Today, the clinic still operates every second Saturday at the library and averages about 80 applicants per clinic. Law firms, corporate legal departments, MBA sections, and bar associations commit to 'sponsoring' one of the clinics to ensure that there are a sufficient number of attorneys to help. Typically there are 30-40 attorneys volunteering at any given clinic along with paralegals, paralegal students, law students, public defenders, attorneys from the child support enforcement agency and others.

But the committee didn't stop there. Every year, the committee works with the University of Memphis Cecil C. Humphreys School of Law to secure volunteer attorneys for their Alternative Spring Break (ASB). The ASB provides law students with different opportunities to donate legal services to the Memphis community. Law students from law schools across the nation come for

The committee regularly helps recruit volunteers for special projects like Wills for Heroes or Project Homeless Connect. It organizes and produces continuing legal education courses for volunteers that they can attend at no charge in exchange for doing pro bono work. It started a pro se divorce clinic, a Veteran's Pro Bono Clinic and a Mediator of the Day clinic. The members worked with the Tennessee Supreme Court's Access to Justice Commission to enhance services through the faith-based community by training clergy on how to set up a legal clinic and providing forms for the commission to use for their "Legal Clinic in a Box" downloadable help manual.

Every year the committee works with the legal services providers to create a series of events during the month of October. Originally conceived by the American Bar Association, which designated the last week of October as Celebrate Pro Bono week, the Memphis Bar Association instead celebrates pro bono month in October. This usually begins with a proclamation by the city and county recognizing the services to the community by the bar. October also finds the committee hosting one or two special clinics in addition to the regular clinics, promoting fundraisers for the legal services providers, and sponsoring a recognition event held at one of the law firms. This past year all of the Saturday Legal Clinic providers along with a few special volunteers were recognized for their contributions. In 2017, the Saturday Legal Clinic will reach its 10th year and plans are being made for a very special celebration.

For over 10 years, the Access to Justice Committee has fostered and developed a myriad of projects and programs designed to enhance the ability of the Memphis and Shelby County community to receive legal advice, information and representation. The committee is one of the most active of all the bar association committees, providing volunteer opportunities to attorneys, law students, paralegals and others who want to give back to their community. We are proud of the efforts of the many people who have served this committee over the past 10 years and want to take this opportunity to thank them for their service. t 13

Memphis Bar Foundation In Practice:

CASA

T

o further its mission of advocating and supporting public awareness of the legal system, promoting social justice and legal education, and recognizing professionalism among members of the Bar, the Memphis Bar Foundation (MBF) awards grants annually to many different organizations for their law-related projects and programs. Each issue of the Memphis Lawyer magazine will highlight a project or program supported by the MBF. The MBF receives its money from Fellows pledges, the $25 voluntary contribution on the MBA dues statement, donations, and periodic fund-raising events. Fellows are lawyers and judges who have practiced more than 10 years and who embody the highest standards of the profession. If you would like to become a Fellow, nominate someone to be a Fellow, or make a donation to the MBF, contact Anne Fritz at 901.527.3575 or afritz@memphisbar.org.

CASA of Memphis & Shelby County, a Program of the Exchange Club Family Center Imagine being 3-years-old and on a road trip with your mom and dad. Suddenly blue lights are everywhere and the car is surrounded by policemen. Your parents are yelling and screaming and your little brother and you are terrified. For Ashley, this scene was not an imaginative exercise; it was her reality. What happened next, no child should ever endure. For 10 years, life as little Ashley had known it would not ever be the same; for her, it would become worse. The police arrested her parents for drug trafficking and Ashley and her brother were carted off to foster care. The system that took her from a life of inconsistency and neglect replaced it with a life of uncertainty, physical abuse, and emotional trauma.

History & Mission For almost 30 years, Court-Appointed Special Advocates (CASA) of Memphis & Shelby County has worked to protect the well-being of children like Ashleyabused and neglected children who enter our social service system. Spurred by the nationwide CASA movement, former judge Kenneth A. Turner of the Shelby County Juvenile Court founded CASA of Memphis & Shelby Co. in 1986 after seeing a need in Juvenile Court for betterinformed child advocates in child abuse and neglect cases.

In 2013, CASA became a program of The Exchange Club Family Center. Our mission is to be the leader in child advocacy through dedicated, trained volunteers and staff who, by providing an unbiased voice in court, assure safe, 14

permanent homes for abused, abandoned, and neglected children.

Vision CASA’s vision is for every child to live in a safe, permanent home and in a community where their voices are valued.

The Need Until this vision is realized, it is important for us to understand the need across the nation and here in Shelby County. It is estimated that in the U.S. a child enters foster care every two minutes. According to the Adoption and Foster Care Analysis and Reporting System data, 415,129 children were in foster care as of September 30th, 2014. Many of them, like Ashley, have experienced some of life’s greatest traumas. Currently in Shelby County there are approximately 980 children in foster care in need of a safe, permanent home.

Our Solution That is where CASA comes in—a community of people who truly have a heart for children. For Ashley, it was La Donna Williams, a CASA volunteer appointed by the Judge of the Juvenile Court to advocate for her best interest. La Donna had been recruited by the local CASA agency, trained in how to best advocate for children like Ashley, and sworn in as an official “Friend of the Court.”

Once assigned to Ashley’s case, La Donna began her role as a CASA and got busy getting to know Ashley and members of her family and understanding where Ashley

had come from and where she wanted to be. There was no rock unturned by La Donna. She interviewed and gathered information from Ashley’s teachers, social workers, mental health providers, and any other persons she thought held valuable information to link Ashley to the permanent family she longed to have. When the day came for Ashley’s case to be heard in court, La Donna was prepared and armed with important information for the court to use to protect Ashley’s well being. Two years after La Donna became involved in Ashley’s case, Ashley was adopted and, for the first time ever, she felt something she had never felt before: Home.

Effectiveness

CASA volunteers are invaluable. The presence of CASA in court significantly improves how justice is administered in cases like Ashley’s. Juvenile Court Judges have used information gathered and presented by CASA volunteers to respect the child’s sense of time, avoid unnecessary continuances, and make informed, timely decisions regarding the best interest of the children who are before the court.

Scale & Impact

Since Memphis CASA’s founding in 1986, more than 17,000 children have been served here in Shelby County.

In 2014, 77 volunteers served 269 children.

If you have not guessed it by now, CASA volunteers are unique to other officials in the social service system, in that they take only one or two cases at a time.

Take Ashley, for example. In a span of 10 years, Ashley had: • 73 child welfare administrators;

• 44 child welfare case workers; • 19 foster parents; but only 1 CASA. Ashley saw 17 psychologists, psychiatrists, and therapists; • 5 guardian ad litems; • 4 judges; • 4 court personnel; • 3 child protective services workers; • 2 primary case workers; but only 1 CASA. Therefore, the impact CASA volunteers have on their children’s lives is profound. Abused and neglected children and those placed in foster care are shown to be at greater risk for homelessness, unemployment, incarceration, and drug and alcohol abuse as adults.

National CASA statistics show that over 20% of children who “age out” of foster care are in jail or prison within 12 months of their 18th birthday.

Not only does a CASA give a child a new chance to succeed in life by assuring a safe, stable home, but even increases those chances with dedicated one-on-one, long-term attention.

When a child does not have a CASA, that child is twice as likely to “age out” of the system in foster care. t TO LEARN MORE Contact CASA at 901.405.8422 or visit us at www.exchangeclub.net 15

View from the Bench: Chancellor

Jim Newsom What made you want to be a Chancellor?

Since I started practicing in 1979, it seemed that most of my cases were in Chancery Court. I’ve practiced in Circuit Court and the federal courts too, but Chancery always seemed to be my center of gravity.

I had tried cases before Chancellors Evans, Armstrong and Goldin. In 2007, Chancellor Goldin appointed my partner, Max Shelton, as Receiver of the Forest Hill Cemeteries after Clayton Smart had stolen the money that was in trust for the benefit of over 13,000 Shelby County citizens. It was personal to me as well because my parents are buried there, as are many others. We were in court almost every week on that case. Chancellor Goldin paid such attention to detail and kept the case moving so well that ultimately everyone who had pre-paid for a funeral was paid back in full. I saw first-hand how the Chancery Court operates as a force for good in our community.

Didn’t you serve as Special Master before your appointment?

I did. Up to 2010, Jim Strickland had been the Special Master for the Chancellors. He decided that he need to devote his efforts more to his position on the City Council. Chancellors Evans, Armstrong and Goldin selected me from among many applicants to be (Mayor) Strickland’s replacement as Special Master, and I served in that part-time role until 2015.

What experience did you get as Special Master?

Our Chancellors each used their Special Masters in slightly different ways. For instance, Chancellor Evans assigned me to be a referee between two factions in a homeowners’ association dispute. Mayor Strickland, who was involved in that case, used to kid me that if the 16

lawyer thing didn’t work out for me, I might have a second career as a property manager.

Chancellor Armstrong frequently placed me in the role of a mediator. Chancellor Goldin would assign me most often to be a fact finder. One morning I got a call from Natasha Langston. Ten minutes later I was conducting an all-day hearing in a domestic dispute in which the parties were represented

by Bobby Wampler and Eddie Bearman.

Also, the Special Master most often serves in cases in which the parties would be unable to compensate a master on an hourly fee basis. In that role, my experience reached into areas that I had not practiced before, such as domestic cases and intra-family disputes concerning real property inherited from parents.

You were appointed in September

by Governor Haslam. What was the appointment process like?

First, I want to say that the Memphis Bar suffered a huge loss when we lost Chancellor Carr. He was a splendid lawyer and an immensely qualified jurist. His demeanor was ideal, and we all grieve for him and his family.

Secondly, I think that we all should be very appreciative of those involved in the judicial nominating process. Shelby County has many accomplished and public-spirited lawyers who serve or have served on the Governor’s Committee or Council, including Judge George Brown, Randy Noel, Lang Wiseman, Attorney General Weirich and Charles Tuggle. Others who have done that in the past include Dale Tuttle, Christopher Campbell and Barry Ward.

These lawyers have crisscrossed the State and given much of their time in the interest of a strong judiciary in Tennessee.

It is Governor Haslam’s practice to meet one-on-one in his office with each of the three nominees chosen by the Council. He told me that ours was the thirtieth judicial

seat he had filled since coming into office, and he has since filled many more. He is sincere, down-to-earth, and very committed to making a choice of judges who can serve impartially and follow the law. Period. End of sentence.

How would you describe your experience in your first few months in office?

Chancellor Evans and Chancellor Kyle have had an open-door approach with me from day one. I needed their help because there is a lot to learn. In fact, the Circuit Judges and the local and state judiciary as a whole have made it known that they are approachable and eager to offer advice when asked. I’m very proud of my fellow judges. My hat is off to them.

What did you not know going in that you have learned?

I have been most impressed by the job that our guardians ad litem do for the benefit of children in our community. Folks like Lisa Zacharias, Ray Glasgow, Sheri Meyers, Stacey Longo Graham and others do so much to help children deal with the challenges they face when parents divorce or when termination of parental rights becomes an issue. They perform a great service in very difficult situations. My hat is off to them.

Have you had any “high profile” cases?

That is not for me to say. You may remember the case filed by the Tennessee Bureau of Investigation asking for the release of the TBI file looking into the death of Darrius Stewart last summer. As far as we could tell, that was a case of first impression. In order to move that case along quickly, I had to make a lot of demands on the lawyers, particularly General Weirich and Art Quinn.

They never complained once, and I think that we made our way from filing to a ruling on the merits in what must be close to record time.

What do Memphis lawyers have to be proud of?

I’m glad you asked. We’ve harnessed technology to make the practice of law more convenient. Our Chancery and Circuit Courts are the first in the state to have online filing. Still, courtesy copies of briefs and key cases are still welcome in our offices. Also, Clerk & Master Donna Russell’s office has played an important role in conducting our first on-line tax sales, which should benefit all of Shelby County in a big way.

Do you have any suggestions for younger lawyers?

Do what you can to show appreciation to the court clerks. When we would go to Nashville on a case, my mentor, Skippy Hanover, used to pack a box of Dinstuhl’s chocolate-covered strawberries and give them to the clerks behind the desk. They would beam like a candle whenever we came to town. I’m not saying that lawyers should shower gifts on the clerks. The point is, the clerks behind the desk, the courtroom deputy clerks, the bailiffs and the judicial law clerks are there to help you. Getting to know them and show them respect cannot hurt you.

Shower them with kindness. We judges couldn’t do our job without them.

What do you see as the “next big thing”?

We’ve got our eyes on the Business Court pilot project that Justice Lee and Chancellor Lyle have started in Nashville. That court is designed to introduce innovative and cost-saving protocols and procedures to business litigation. We hope that we will soon have a Business Court of our own. This has the potential to be a small piece of a larger mosaic that will attract investment and jobs for the benefit of the people of Shelby County. In my view, justice breeds prosperity and harmony. Let’s get some more of that. t 17

Portrait Unveilings Judge

Karen Williams

by ANA ALFORD

O

n the afternoon of November 10, 2015 an audience of nearly 200 guests gathered in the front hall of the Shelby County Courthouse to witness the unveiling of the new portrait of Retired Circuit Judge Karen Williams, which now hangs in the Division III courtroom. Present were current and retired judges from the county, state and federal courts as well as local elected officials, members of the bar, Courthouse staffers, friends, and family. Little did those guests know of the flurry of events from earlier that day.

In July, Larry Rice called Judge Williams to discuss his idea of pulling together a portrait committee with an eye toward a late fall event. He and his incredible staff went to work, e-mails were sent to several prospective members and the first meeting was set for July 22nd. At that meeting speakers were chosen: Larry Rice - Master of Ceremonies; Judge Robert Childers - Judges; Kathy May - Court reporters; Keating Lowery - Association for Women Attorneys; Judge Charmaine Claxton - law clerks and David Caywood - the Bar. Frank Morris was Judge Williams’ choice to paint the portrait. Richard Glassman and Mary Wolff would be the primary fundraisers. In the end, Mary wrote a personal check covering the cost of the portrait.

18

Jessica Hackett located all of the former law clerks that now live all over the eastern U.S. and most of them attended.

The remaining committee members, David Cook, Curtis Johnson, David Kustoff, Bruce McMullen, Leland McNabb, Kathleen Norfleet, Senator Mark Norris, Dottie Pounders, and Bruce Smith helped to spread the word of the upcoming event and encouraged people to attend.

They were very successful. A Facebook page was created and the event was broadcast on Periscope.

The original plan was to have the ceremony in the Division III courtroom with the reception in the Division IV courtroom. As the RSVP’s grew, a speaker system was set up in the outside hallway. Kitty Bridges was engaged as the caterer and everything seemed to be falling into place. Then the RSVP’s began growing. By Monday the list was over 100. By Tuesday morning it had topped 130. Clearly the Division III courtroom and the hallway were far too small. A quick call was made to Susan Wilson, Administrative Assistant to the Circuit Judges, who pulled off the impossible. She persuaded Steve Harkness and his crew with County Support Services to come back, move all the sound equipment, podium and 170 chairs to the first floor front hall. By 4:00 o’clock, everything was in place as though it was the original plan. And now you know of the flurry of events.

Portrait Unveilings Judge

Arnold Goldin

O

n January 15th, lawyers, current judges, retired judges, and friends of the court gathered for the unveiling of the portrait of Judge Arnold Goldin.

The portrait commemorates Judge Goldin’s service as Chancellor of Part II of Chancery Court. Judge Goldin currently sits on the Tennessee Court of Appeals.

Judge Goldin graduated from the University of Virginia in 1971 and attended law school at then, Memphis State University (now University of Memphis), and graduated in 1974. Judge Goldin was in private practice beginning in October of 1974 until he went on the bench. Judge Goldin served as Chancellor of Part II of Shelby County Chancery Court beginning in September of 2002. In his twelve years as Chancellor, he served with distinction. In 2004, Judge Goldin received the Chancellor Charles A. Rond “Judge of the Year” Award presented by the Young Lawyers Division of the Memphis Bar Association. He has served on the Court of Appeals since September 1, 2014.

He has served with distinction and as Chancellor was always known to be available for attorneys and thoughtful in his rulings.

In his remarks, Judge Goldin thanked those in attendance, his family, and focused his remarks on the history of Shelby County jurisprudence. Judge Goldin explained how portraits tell a

story throughout the courthouse.

Portrait artist, Jason Bouldin of Oxford, Mississippi was present and explained the process he used to capture Goldin’s personality in the portrait. In his remarks at the unveiling, Mr. Bouldin remarked how impressed he was with the variety of styles expressed in the portrait’s hanging in the Shelby County Courthouse and the many noted portrait artists represented.

Several members of Judge Goldin’s family were present including his wife, Shara Lynn, daughter, Rebecca Goldin-Reiss, son-in-law, Evan Reiss, son, Josh Goldin and daughter-in-law, Rachel Goldin.

19

COURT REPORT

THE

by DEAN DECANDIA

CRIMINAL COURT—Covers the weeks of December 7, 2015 to February 8, 2016 COURT

JUDGE

DIV. I

SKAHAN

DIV. II

DIV. III

20

WRIGHT

CARTER

VERDICT 1.

STATE V. JERI ROBINSON: Trial from Dec 14 to 17. Indicted for Theft of Property ≥ $1,000, Vandalism ≥$1,000.

2.

STATE V. DEROSS COOKS: Trial from Jan 4 to 7. Indicted for Possession of Marijuana with Intent to Sell/Deliver, Possession of Firearm During Commission of Dangerous Felony. Verdict: Guilty of Possession of Marijuana with Intent to Sell/Deliver. Prosecution: Muriel Malone. Defense: Kamilah Turner.

3.

STATE V. MARCUS CARTWRIGHT, LATORA WELLS, BRYAN PRESLEY: Trial from Jan 12 to 15. All three defendants indicted for Possession of Cocaine with Intent to Sell/Deliver, Possession of Marijuana with Intent to Sell/ Deliver. Wells and Presley also indicted for Tampering with Evidence. Verdict: All three defendants found guilty of simple possession of cocaine and marijuana. Prosecution: Muriel Malone. Defense: Sean Muizers (Cartwright); Jahari Dowdy (Wells); Jennifer Mitchell (Presley).

4.

STATE V. JENNIFER GLASPER: Trial from Jan 25 to 28. Indicted for Aggravated Robbery, Aggravated Burglary.

Verdict: Guilty of Facilitation of Robbery, Facilitation of Burglary of Building. Prosecution: Bo Summers, Sam Winnig.

Defense: Kamilah Turner.

5.

STATE V. BRANDON VANCE: Trial from Feb 1 to 4. Indicted for 1st Degree Murder During the Perpetration of Robbery. Verdict: Guilty as indicted. Prosecution: Pam Fleming, Sam Winnig. Defense: Mark Mesler.

1.

STATE V. CORNELIUS MONGER: Trial from Dec 14 to 17. Indicted for 2 counts of Rape, 2 counts of Incest, Statutory Rape by Authority Figure. Verdict: Guilty of 1 count of Rape, 2 counts of Incest, Statutory Rape by Authority Figure. Prosecution: Carrie Shelton, Jessica Banti. Defense: Ted Hansom.

2.

STATE V. JUSTICE BALL, KENNETH KIMBLE: Trial from Jan 19 to 25. Both defendants indicted for

3.

STATE V. ALEX COLEMAN: Trial from Dec 7 to 8. Indicted for Aggravated Robbery, Criminal Attempt:

1.

STATE V. ALPHONZO JOHNSON: Trial from Dec 14 to 15. Indicted for Criminal Attempt: 1st Degree Murder, Aggravated Assault, Resisting Official Detention. Guilty plea during trial to Aggravated Assault, Resisting Official Detention. Prosecution: Eric Christensen, Dru Carpenter. Defense: Rob Felkner, Ben Rush.

2.

STATE V. ERROL JOHNSON: Trial from Jan 11 to 15. Indicted for 2 counts of Aggravated Child Abuse/Neglect, 1st Degree Murder During the Perpetration of Aggravated Child Abuse/Neglect. Verdict: Guilty of 2 counts of Aggravated Child Abuse/Neglect, 2 counts of Criminally Negligent Homicide. Prosecution: Carrie Shelton, Abby Wallace. Defense: Nigel Lewis, Kathy Kent.

3.

STATE V. KERRY JACKSON: Trial from Jan 25 to 27. Indicted for Aggravated Robbery. Verdict: Guilty as indicted.

Prosecution: Dru Carpenter, Eric Christensen. Defense: Tom Leith.

4.

STATE V. MISAEL CHICA-ARGU: Trial from Feb 9 to 11. Indicted for 5 counts of Criminal Attempt: 1st Degree Murder, 5 counts of Employment of Firearm During Commission of Dangerous Felony. Verdict: Guilty of 1 count of Criminal Attempt: Voluntary Manslaughter. Prosecution: Glenda Adams. Defense: Gerald Waggoner.

Verdict: Guilty of Facilitation of Theft of Property ≥$1,000, Vandalism ≥ $1,000. Prosecution: Muriel Malone.

Defense: Kamilah Turner.

Especially Aggravated Kidnapping, Aggravated Robbery, Carjacking, Employment of Firearm During Commission of Dangerous Felony, Intentionally Evading Arrest in Motor Vehicle, Evading Arrest. Verdict: Ball found guilty as indicted. Jury hung as to Kimble, then Kimble entered guilty plea to Aggravated Robbery. Prosecution: Omar Malik, Austin Scofield. Defense: Juni Ganguli, Laurie Hall (Kimble); Greg Allen (Ball).

Aggravated Robbery. Verdict: Guilty as indicted. Prosecution: Austin Scofield. Defense: Cliff Abeles.

CRIMINAL COURT—Covers the weeks of December 7, 2015 to February 8, 2016 COURT

JUDGE

DIV. IV

BLACKETT

DIV. V

LAMMEY

DIV. VI

CAMPBELL

VERDICT NO JURY TRIALS TO COMPLETION THIS PERIOD. 1.

STATE V. ANTONIO RICHARDSON: Trail from Jan 4 to 7. Indicted for 1st Degree Premeditated Murder. Verdict:

2.

STATE V. DEANDRE BONDS: Trial from Jan 11 to 14. Indicted for Driving While License Suspended, Revoked or

3.

STATE V. REDDIE CHAFFIN: Trial from Jan 25 to 27. Indicted for Aggravated Robbery. Verdict: Guilty as indicted. Prosecution: Gavin Smith, Tyler Parks. Defense: Blake Ballin.

4.

STATE V. CHRIS COLLIER: Indicted for Theft of Property ≥$1,000. Verdict: Guilty as indicted. Prosecution: Chris Lareau. Defense: William Johnson.

1.

STATE V. ANDREW LANGLEY: Trial from Dec 7 to 8. Indicted for Aggravated Robbery. Verdict: Guilty as

2.

STATE V. YUSEF RAHMAN: Trial from Jan 19 to 21. Indicted for Criminal Attempt: 2d Degree Murder, 2 counts of Aggravated Assault, Domestic Assault. Verdict: Guilty as indicted. Prosecution: Josh Corman, Meghan Fowler.

Defense: Constance Barnes.

3.

STATE V. XAVIER BECTON: Trial from Jan 25 to 27. Indicted for 1st Degree Premeditated Murder. Guilty plea during trial to 2d Degree Murder. Prosecution: Marianne Bell, Danielle McCollum. Defense: Art Horne.

Guilty as indicted. Prosecution: Glen Baity, Bryce Phillips. Defense: Kamilah Turner.

Cancelled, Evading Arrest. Verdict: Guilty as indicted. Prosecution: Bridgett Stigger. Defense: Rob Felkner.

indicted. Prosecution: Kirby May, Olivia Brame. Defense: Neil Umsted.

DIV. VII

COFFEE

1.

STATE V. JIMMY WILLIAMS: Trial from Feb 1 to 5. Indicted for 2 counts of Aggravated Rape. Verdict: Guilty of 1 count of Aggravated Assault. Prosecution: Abby Wallace. Defense: Juni Ganguli, Laurie Hall.

DIV. VIII

CRAFT

1.

STATE V. LORENZO COUCH: Trial from Dec 7 to 10. Indicted for 2 counts of Aggravated Robbery, 2 counts of Official Misconduct, 2 counts of Official Oppression. Verdict: Guilty as indicted. Prosecution: Melanie Cox, Paul Hagerman. Defense: Eric Monteirth.

2.

STATE V. KENNETH FLEMING, DARRYL GAITHER: Trial from Jan 11 to 15. Indicted for 2 counts of

3.

STATE V. JULIAN AGNEW: Trial from Jan 19 to 25. Indicted for Aggravated Robbery. Verdict: Guilty as indicted.

4.

STATE V. SAMSON BENNETT: Trial from Jan 25 to 29. Indicted for 2 counts of Rape. Verdict: Not guilty.

5.

STATE V. ADOLFUS GOSSETT: Trial from Feb 8 to 11. Indicted for Criminal Attempt: 1st Degree Murder,

Aggravated Robbery, Felon in Possession of Firearm, Evading Arrest. Verdict: Both defendants found guilty as indicted; Fleming entered plea to Felon in Possession of Firearm during trial. Prosecution: Carla Taylor. Defense: Jay Coleman (Fleming); Carolyn Sutherland (Gaither).

Prosecution: Lora Fowler. Defense: Paul Pera.

Prosecution: Abby Wallace. Defense: John Dolan.

Aggravated Robbery, Employment of Firearm During Commission of Dangerous Felony. Verdict: Not guilty.

Prosecution: Carla Taylor. Defense: Jim Hale.

DIV. IX

WARD

1.

STATE V. JOHN SMITH: Trial from Feb 1 to 3. Indicted for Rape, Official Oppression. Verdict: Guilty of Official

DIV. X

BEASLEY

1.

STATE V. TIMOTHY MCKINNEY: Trial from Jan 25 to 29. Indicted for Criminal Attempt: 1st Degree Murder, Employment of Firearm During Commission of Dangerous Felony, Reckless Endangerment with Deadly Weapon, 2 counts of Felon in Possession of Firearm. Verdict: Guilty of Criminal Attempt: 2d Degree Murder, guilty on all other counts as indicted. Prosecution: Alanda Dwyer, Stacey McEndree. Defense: Marty McAfee, Greg Allen.

Oppression. Prosecution: Omar Malik, Greg Gilbert. Defense: Charles Mitchell.

21

COURT REPORT

United States District

by DEAN DECANDIA

Covers July to December 2015 ANDERSON 1. Thomas Hensley, et al v. Methodist Healthcare Hospitals, Dr. Mark Bugnitz, Dr. James Eubanks: Trial from Aug 31 to Sept 15. Complaint for Medical Malpractice, Wrongful Death. Verdict for Defendants.

Attorneys for Plaintiffs: Daniel Czamanske, Jerry Hughes, Ralph Chapman, Nicholas Brown. Attorneys for Defendants: Darrell Baker, Deborah Whitt, Michael Martin, Katherine Anderson, Joshua Hillis, Hugh Francis.

FOWLKES 1. Andrea Mosby-Meachem v. MLGW: Complaint for Reasonable Accommodation, Employment Discrimination, Retaliation. Verdict for Plaintiff as to Reasonable Accommodation. Verdict for Defendant as to Discrimination, Retaliation. Attorneys for Plaintiff: Billy Ryan, Janelle Osowski. Attorneys for Defendant: Michael Tauer, Miska Shaw, Saul Belz.

2. USA v. Michael Lilley: Trial from Sept 15 to 22.

Indicted for 4 counts of Sex Trafficking of a Minor, Conspiracy to Commit Sex Trafficking of a Minor, 4 counts of Sexual Exploitation of a Minor, 3 counts of Distribution of Child Pornography, Possession of Child Pornography. Verdict: Guilty as indicted, except for one count of Sexual Exploitation of a Minor. Prosecution: Deb Ireland, Larry Laurenzi. Defense: Clifton Harviel, Tatine Darker.

LIPMAN 1. Henry and Deborah Jeffries v. Appleton Group, LLC: Trial from Aug 31 to Sept 2. Complaint for Retaliatory Discharge, Employment Discrimination. Verdict for Defendant. Attorney for Plaintiff: Carol Chumney.

22

Attorneys for Defendant: Thomas Henderson, Audrey Calkins.

2. USA v. Darrell Randolph: Trial from Jul 27 to 29.

Indicted for Possession of Cocaine ≼280 g with intent to distribute, Possession of Cocaine ≼500 g with Intent to Distribute, Possession of Heroin with Intent to Distribute, Possession of Marijuana with Intent to Distribute, Felon in Possession of a Firearm, Possession of a Firearm in Furtherance of a Drug Trafficking Crime. Verdict: Guilty as indicted except for Possession of Marijuana with Intent to Distribute. Prosecution: Daniel French, Michelle Parks. Defense: Ted Hansom.

3. EEOC v. Memphis Foods, LLC, dba KFC: Trial from Jul 29 to 31. Complaint for Hostile Work Environment, Employer Retaliation. Verdict for Defendant. Attorneys for Plaintiff: Gerald Thornton, Kelley Thomas, Matthew McCoy, Faye Williams. Attorneys for Defendant: Matt Modelevsky, Cheryl Estes, Natalie Bursi.

4. USA v. Marchello Moore: Trial from 9-28 to 29.

Indicted for 3 counts of Robbery Affecting Interstate Commerce, 3 counts of Possession of a Firearm During and in Relation to a Crime of Violence, Bank Robbery, Felon in Possession of a Firearm. Guilty plea during trial to 1 count of Robbery Affecting Interstate Commerce, 1 count of Possession of a Firearm During and in Relation to a Crime of Violence, Bank Robbery, Felon in Possession of a Firearm. Prosecution: Dean DeCandia. Defense: Mary Cay Robinson, Doris Randle-Holt.

5. USA v. Christopher Travis: Trial from Dec 7 to 8.

Indicted for Felon in Possession of a Firearm. Verdict: Guilty as indicted. Prosecution: Marques Young, Libby Rogers. Defense: Claiborne Ferguson.

6. Cynthia Etheridge v. E.I. DuPont de Nemours and Co., Inc.: Trial from Dec 14 to 17. Complaint for Employer Retaliation. Verdict for Defendant. Attorneys for Plaintiff: Beth Brooks, Yollander Hardaway. Defense: James Bradshaw, III, Elise Hofer.

MAYS (SENIOR STATUS) 1. Stephanie Wilhite v. Shelby County Govt: Trial from Sept 21 to 24. Complaint for Employment Discrimination. Verdict for Plaintiff. Attorney for Plaintiff: Kathleen Caldwell. Attorneys for Defendant: Virginia Patterson Bozeman, Hite McLean, Jr. 2. USA v. Khalil Davis: Trial from Nov 9 to 13.

Indicted for 2 counts of Robbery Affecting Interstate Commerce, 2 counts of Possession of a Firearm During and in Relation to a Crime of Violence. Verdict: Guilty as indicted. Prosecution: Kevin Whitmore, Sam Stringfellow. Defense: Alexander Wharton.

3. USA v. Jason Simmons: Trial from Dec 7 to 10. Indicted for Conspiracy to Commit Possession of Cocaine ≥ 500 g Cocaine with Intent to Distribute. Verdict: Guilty as indicted. Prosecution: Reagan Taylor, Karen Hartridge.

Defense: Lee Gerald.

MCCALLA (SENIOR STATUS) 1. Ruby Blackmon v. Eaton Corp: Trial from Sept 29 to Oct 5. Complaint for Hostile Work Environment, Employer Retaliation. Verdict for Defendant. Attorney for Plaintiff: Wanda Abioto. Attorneys for Defendant: Marcia McShane, Mallory Ricci, Jennifer Flannery.

2. WCM Industries v. IPS Corp: Trial from Oct 13 to 27.

Complaint for multiple claims of Patent Infringement (Direct Infringement, Contributory Infringement, Inducing Infringement). Verdict for Defendant on all claims. Attorneys for Plaintiff: Glen Reid, Jr., Stanley Gibson, Kendria Pearson, John Heuton. Attorneys for Defendant: Bruce Kramer, Stephen Lareau, Scott Pleune, Bruce Rose, Tasneem Dharamsi.

3. USA v. Rodney Maxey: Trial from Nov 2 to 4. Indicted for Possession of Ammunition While a Convicted Felon.

Verdict: Not guilty. Prosecution: Karen Hartridge, David Biggers. Defense: Ned Germany, III, Mary Cay Robinson.

Coming Up Anatomy of a Trial May 19th CLE: Transforming Your Power March 23rd Saturday Legal Clinic March 12th YLD at the Grizzlies Game March 30th Law Week April 29th – May 6th Bench Bar September 1st – 5th For a full listing of meetings, CLEs, and events, visit

memphisbar.org/events.

4. USA v. Bridgett Pollard: Trial from Dec 7 to 9. Indicted for 12 counts of Preparation and Filing of Fraudulent Tax Returns. Verdict: Guilty as indicted. Prosecution: David Pritchard, Damon Griffin. Defense: Madeleine Savage-Townes.

23

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MALS

CORNER

by the HON. JANICE M. HOLDER

2015 YEAR IN REVIEW

W

ith the close of my duties as chair of the Memphis Area Legal Services 2015 Campaign for Equal Justice, I look back on a year full of interesting challenges and wonderful people.

First, let me express the gratitude of all of us who worked on the 2015 Campaign for Equal Justice to the many individuals, firms, and organizations who have donated generously year after year to support the efforts of MALS. The list of Difference Makers (firms of two or more attorneys who donate at least $350 per attorney) and other donors can be found elsewhere in this magazine. Please be sure to check for your name or the name of your firm.

I offer my sincere thanks to all of the members of the Campaign for Equal Justice Cabinet. John Heflin, John Golwen, John Stemmler, and Shep Tate worked tirelessly to obtain donations from the large firms. Those donations helped us quickly achieve our overall fundraising goal.

The medium/small-firm team of Harris Quinn and team members, Amber Floyd, William Gibbons Jr., and Matt May, did an outstanding job for MALS again this year. With great success, Frank Cantrell, Sean Hunt, and Shannon Toon focused on solo practitioners while Susan Callison and Linda Holmes worked on donations from our Gray Knights. Sarah Pazar, Lauran Stimac, and Luke Cantrell did a great job with the fundraising events sponsored by the Young Lawyers. We are grateful to the sponsors of the Young Lawyers events, including High Cotton Brewery, Yuletide Office Solutions, and The Brass Door, for making these events a success. We also thank Preston Battle and the University of Memphis Cecil C. Humphreys School of Law Student Bar Association for again sponsoring Race Judicata, which is always popular.

We extend our thanks to Judges Kathleen Gomes and Dan Breen for their letters to the judiciary reminding our judges of the importance of MALS to our system of justice. Our corporate attorney subcommittee, which includes Andy Branham, Gigi McGown, Colleen Hitch Wilson, and Asia Diggs, sponsored a well-received Continuing Legal Education program at International Paper with presentations by Judge John Everett Williams and Lucian Pera.

As you know, Memphis Area Legal Services also provides services to clients in Fayette, Lauderdale, and Tipton Counties. The attorneys in our rural areas worked hard to obtain donations. We thank Amber Shaw and Charles Brasfield for their outstanding efforts.

Our events committee performed flawlessly. The Napa Café event was organized and executed with precision thanks to the efforts of Marlinee Iverson and Lauran Stimac with assistance from Felisa Cox, Keating Lowery, Amy Pepke, and Annie Christoff.

This year, we lost Mary L. Wolff, the 2015 MALS Board president. Mary’s leadership and dedication to MALS and to the legal profession stand as an example to all of us. We will miss her immensely.

The Napa Café event will be repeated on August 22, 2016, and Race Judicata is set for April 16, 2016. Plans are in the works for a new event, the Justice for All Ball, at the Halloran Centre on October 15, 2016. Be sure to mark your calendars and watch for updates on the MALS’ web site, www.malsi.org, and Facebook page.

I now turn this important work over to John Heflin, chair of Memphis Area Legal Services 2016 Campaign for Equal Justice, with a promise to stay involved and the hope that the tradition of giving to MALS continues for many years to come. t

Thank You for Your Commitment to Equal Access to Justice Visionary ($25,000 and up) Baker Donelson Bearman Caldwell & Berkowitz PC Difference Makers (at least $350 per firm attorney) Bass Berry & Sims PLC

Lewis Thomason

Bourland Heflin Alvarez Minor & Matthews PLC

Littler Mendelson PC

Burch Porter & Johnson PLLC

Magids Cottam PLC

Butler Snow LLP

Martin Tate Morrow & Marston PC

Evans Petree PC

Memphis Area Legal Services Inc.

Farris Bobango PLC

Morgan & Morgan

Ford & Harrison LLP

Morton & Germany PLLC

Gatti Keltner Bienvenu & Montesi

Prochaska Quinn & Ferraro PC

Harkavy Shainberg Kaplan & Dunstan PLC

Rosenblum & Reisman PC

Jackson Shields Yeiser & Holt

The Hunt Law Firm

Law Offices of David E. Caywood

The Wharton Law Firm

Law Offices of J. Houston Gordon

Waller Lansden Dortch & Davis LLP

Law Offices of Ricky E. Wilkins

Wolff Ardis PC

25

MEMPHIS BAR ASSOCIATION

HAPPENINGS

Y

Board Report

our 2016 board kicked off the new year with a retreat at the bar association offices. A lot of discussion centered around strategic planning for the year, with a focus on two new committees – Alternative Sources of Revenue, chaired by Jennifer Hagerman, and a Sections Committee, chaired by Sean Hunt. We will continue to focus on our membership, with those efforts being led by the Membership Committee Chair, Maureen Holland.

Our CLE Committee Chair, Annie Christoff, intends to

offer some engagingly different CLEs over the course of the next year. A new Social/Networking Committee was formed that promises to bring us all a little levity and fun. And the Sponsor Committee, led by Lara Butler, will continue to explore ways that the bar can support our sponsors and our sponsors can provide value to our membership. Finally, the Website Committee continues to work with RocketFuel to improve the website and roll out some additional features in 2016.

If you would like to be more involved with the bar association, please visit our website at www.memphisbar.org for a complete list of all of the association’s committees, activities, and events. Feel free to contact the chair of a committee, the bar association, or any board member for additional information on how to become involved.

Upcoming Events Saturday, March 12 Wednesday, March 23

Legal Clinic at Benjamin L. Hooks Central Library, 10 a.m. to noon (cosponsored by Lewis Thomason and Bass Berry & Sims) Interactive CLE Workshop - Transforming Your Power: How You Influence and How Others Influence You with Dr. Trish Ring, Racquet Club

Wednesday, March 30

YLD Night at the Grizzlies

Tuesday, April 5

First Tuesday Social Event, Wiseacre Brewery (tentative location)

Saturday, April 9 Friday, April 29 Monday, May 2 Thursday, May 5 Saturday, May 14

Thursday, May 19

26

Legal Clinic at Benjamin L. Hooks Central Library, 10 a.m. to noon (cosponsored by Burch Porter & Johnson and International Paper) Law Week Launch Party, 5:00-7:00 p.m., Court Square, downtown Memphis Luncheon with keynote speaker Bryan Stevenson – sponsored by the Memphis Bar Foundation Annual Memorial Service, 12:00 noon, Calvary Episcopal Church Legal Clinic at Benjamin L. Hooks Central Library, 10 a.m. to noon (sponsored by Evans Petree) Anatomy of a Trial: Case of Sacco and Vanzetti, Cecil C. Humphreys School of Law (co-sponsored by the ABA Section of Litigation, American College of Trial Lawyers, Memphis Bar Association, Memphis/Mid-South Chapter of the Federal Bar Association, and Ben F. Jones Chapter of the National Bar Association)

Update on Activities The Young Lawyers Division again hosted the Regional High School Mock Trial Tournament from Feb. 8-17 at the Shelby County Courthouse. Twentytwo teams from area high schools participated in the tournament. White Station High School defeated St. Mary’s in the finals. Both will advance to the state tournament in Nashville. More than 100 attorneys volunteered as judges and scorers. Thanks to YLD Board members Josh Baker, Martin Tate Morrow & Marston, and Mary Wu, Baker Donelson Bearman Caldwell & Berkowitz, for organizing and leading the competition.

The Saturday Legal Clinic was held on February 13 at the Benjamin L. Hooks Central Library. More than 25 attorneys, paralegals, law students and legal assistants assisted almost 90 clients with legal issues ranging from landlord/tenant to patent law, as well as bigamy and vet malpractice. Martin Tate Morrow & Marston, the Association for Women Attorneys, and the MBA Family Law Section co-sponsored the clinic. Clinics are held the second Saturday of each month from 10 a.m. to noon at the Central Library.

To volunteer, contact Access to Justice Committee Chair Linda Seely at (731) 217-8013 or lwseely@hotmail.com, or simply come to the Central Library on the second Saturday of each month.

27

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The CLC in 2016: Building Relationships

O

by ANNE MATHES, Community Legal Center Executive Director

n a blustery evening in late January, the Community Legal Center hosted an informal happy hour at downtown’s Bardog Tavern. The owner, Aldo Dean, generously provided a private room, lots of good food, and friendly tavern staff for our gathering of more than 60 people.

Aside from raising a nice sum of money, the get-together provided a relaxed setting to connect (or reconnect) with our colleagues in the legal community, current and former board members, and the next generation of lawyers currently enrolled in law school. The evening served as a reminder that building and strengthening relationships is vital to what we do. Building relationships will form the basis of much of what the CLC hopes to accomplish in 2016.

First, we are pleased to announce that several new members have joined the CLC Board: Linda Holmes, an experienced attorney practicing in the areas of personal injury, domestic relations and criminal law; Kristin Kurtz, Senior Counsel in Litigation at Federal Express; Erica Tamariz, an immigration attorney at Darker & Associates, PLLC; Jason Bland, Vice President, First Alliance Bank; Margaret Brakebusch, a recently-retired Federal administrative law judge; and Caren Creason, CPA, a member of the Marston Group, PLC. The CLC Board also has a position occupied each year by a member of the Association for Women Attorneys Board; this year, that person is Laura Deakins of the Lewis Thomason firm. Each of these new members brings not only life and professional experiences that will enhance the CLC, but broadens the web of interconnectedness that supports our mission.

Although we are only one month into the year, we’ve already been busy with new initiatives that will deepen our connection with our volunteer attorneys. We all know access to justice depends on involvement of the private bar in pro bono programs; the issue is how to make it easier for the volunteer attorney to help. After our senior staff attorney, Hayden Lait, spoke to the Family Law Section of the Memphis Bar Association about the need for pro bono attorneys to take simple, uncontested divorces, we were quickly able to place cases with five attorneys. To further prepare and recruit pro bono attorneys, we partnered with Baker Donelson for a free one hour CLE on March 2 —“Pro Bono Divorce for the Non-Divorce Lawyer” – which was open to all local attorneys. Attendees learned how to represent pro bono clients in simple, uncontested 30

divorce proceedings, and were provided all necessary forms. We plan to put on more “pro bono CLEs” in areas of greatest need, such as probate and conservatorships.

We continue to work with local organizations and partner groups to help us get the word out to potential clients about what the CLC can do for them. Intake coordinators at Memphis Area Legal Services and the CLC are working together to coordinate cross-referrals of callers so that those who fall outside the guidelines of one organization but within the other can get the help they need. Through our work with the Mexican Consulate, we have a CLC staff attorney on hand when the Little Rockbased consulate comes to Memphis each month to offer its services to Mexican nationals. And every month or so, staff counsel and interpreters collaborate with a number of other local providers of immigration services to guide applicants for Deferred Action for Childhood Arrivals (DACA) through the process of completing and filing their own applications. Another example concerns the Pro Se Divorce Clinic run by the CLC each morning at the Courthouse for pro se plaintiffs with children. Recently, the assistant to divorce referee Cary Woods visited with the CLC staff attorney at the Clinic, learned how the pro se clinic works, and agreed to provide unrepresented parties with information about the Clinic.

Finally, we are working to build deeper connections with our supporters. Common feedback I’ve heard since I joined the CLC last fall is that more people need to know about the good work we’re doing. Getting the word out— about the needs of the people we serve and what we are doing to help them — is essential. To that end, we are in the process of revamping and upgrading our website, www.clcmemphis.com, which we hope will better tell visitors about our clients, our mission, our successes and needs. We hope you will visit it and check back to see the changes that are coming.

After engaging in the private practice of law for more than 30 years, most of which were spent at Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C., Anne Mathes recently became the new Executive Director of the Community Legal Center, a non­profit legal services agency serving people of limited means in Memphis and Shelby County.

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ANNIE T. CHRISTOFF and PHILIP M. LEWIS have been elected new members in Bass Berry & Sims’ Memphis office. Christoff concentrates her practice in complex business, securities and patent litigation. Lewis represents business entities in connection with mergers & acquisitions, capital markets transactions, joint ventures, and other tax and corporate matters.

KATY C. LASTER has been admitted as a shareholder at Evans Petree PC. She joined the firm as an associate in 2007 and concentrates her practice on employment law, health care law, and commercial litigation.

MARTHA A. CROWDER has joined Apperson Crump PLC as an associate attorney. She received her J.D. from the University of Memphis Cecil C. Humphreys School of Law in May 2015. In addition, TARA RYAN KOSTAKIS is a new partner in the law firm.

Glankler Brown, PLLC is pleased to announce that B. DOUGLAS EARTHMAN has been elected to become a Fellow of the American College of Bond Counsel. He concentrates his practice in the areas of transactional work, including municipal bond and other tax-exempt financing transactions, real estate law, and secured lending transactions.

Formed in 1995, the American College of Bond Counsel recognizes lawyers with at least 10 years of substantial experience and high standards of professional and ethical conduct. The College believes that a bond lawyer's expertise is best judged by his or her peers and elects only bond lawyers with significant experience and outstanding reputations in the field of municipal bond law. Mr. Earthman was among only 11 new Fellows elected to the College this year.

Harris Shelton Hanover Walsh PLLC has promoted BRETT HUGHES to managing member and ABIGAIL WEBB,

LAURA MARTIN, WILLIAM “CHAD” ROBERTS, TRICIA TWEEL, and WILLIAM WYATT to members.

Leitner Williams Dooley & Napolitan PLLC has promoted DENNIS SADLER to member and has hired W. DAVID DARNELL as of counsel and SARAH M. TURNER as a new associate.

REBECCA K. HINDS has joined Martin Tate Morrow & Marston PC as an attorney in the firm’s litigation section. She represents clients in civil and commercial litigation matters including business law, transportation liability, construction disputes, breach-of-contract matters, and employment law.

After receiving her law degree from the Cecil C. Humphreys School of Law, she served as a judicial law clerk to U.S. Magistrate Judge Diane K. Vescovo and to Chief U.S. District Judge J. Daniel Breen, both of the U.S. District Court for the Western District of Tennessee.

MATT BUYER has joined Pinnacle Financial Partners at its headquarters on Quail Hollow Road. He is the new senior vice president and trust services adviser and is secretary/treasurer of the MBA Probate & Estate Planning Section.

Assistant County Attorney DAVID E. MCKINNEY is Shelby County government’s new director of legislative affairs.

In his new position, he will advocate the county’s interests in Nashville and Washington DC and coordinate special projects and initiatives for the mayor. McKinney began his legal career with Burch Porter & Johnson and also has served as associate general counsel for the Tennessee Department of Labor & Workforce Development.

BRUCE MCMULLEN is the City of Memphis’ new chief legal officer while remaining a shareholder at Baker Donelson Bearman Caldwell & Berkowitz PC. He studied

If you are a MBA member in good standing and you’ve moved, been promoted, hired an associate, taken on a partner, or received an award, we’d like to hear from you. Talks, speeches, CLE presentations and political announcements are not accepted. In addition, we will not print notices of honors determined by other publications (e.g., Super Lawyers, Best Lawyers). Notices must be submitted in writing and limited to 100 words; they are printed at no cost to members and are subject to editing. E-mail your notice and hi-resolution photo (300 dpi) to sklarson@memphisbar.org.

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Abby Webb • Bill O'Connor • Brett Hughes • Bruce McMullen • W. David Darnell • Dennis Sadler • Katy C. Laster • Laura Martin • Martha A. Crowder • Andre B. Mathis • Matt Buyer • Philip M. Lewis • Rebecca K. Hinds • Sarah Turner • Tricia Tweel • William "Chad" Roberts • William Wyatt • Annie T. Christoff • B. Doug Earthman economics at the University of Georgia and earned his MBA at Georgia College & State University and his J.D. from the University of Tennessee College of Law. His practice has been concentrated in the areas of health care litigation, municipal law, tort liability, commercial litigation, and classaction defense.

federal laws and regulations. His civil practice also includes the representation of private clients and municipal entities in disputes involving commercial law, banking law, personal injury, municipal law, and contractual disputes. In addition, Andre represents clients charged with various criminal offenses in state and federal court.

Glankler Brown, PLLC is pleased to announce that ANDRE B. MATHIS has been promoted to Member of the firm.

Mathis concentrates his practice in the areas of employment law, civil litigation, and criminal litigation. He has represented clients, including businesses and municipalities, in various aspects of employment law, including discrimination litigation, and contractual disputes, and has assisted in the counseling of employers designed to ensure compliance with

BILL O’CONNOR, an associate in the Memphis office of Baker Donelson Bearman Caldwell & Berkowitz PC, has earned a Certified Information Systems Security Professional certification from the International Information System Security Certification Consortium. He is a member of the firm’s privacy and information security team, as well as the corporate finance and securities group.

SUBMIT YOUR NEWS AND UPDATES ONLINE AT: WWW.MEMPHISBAR.ORG/BLOG/SUBMIT-CONTENT 35

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