Tulsa County Bar Association 1446 S. Boston Ave. Tulsa, OK 74119
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Building Our Future
June 2015
Tulsa L awyer M agazine
The Official Publication for the Tulsa County Bar Association, Inc.
D. Kenyon (“Ken”) Williams, Jr.
A Message From the President teach her how and to help her build a “treehouse” for the woman’s child/father’s grandchild. What she is really seeking is a place and time to “be still and listen” – a refuge from the hectic and combative world in which she is living. The book is a difficult read for me because of all of the poetry that is incorporated into the novel. (As mentioned in an earlier letter, my engineering and law school education did not train me to understand and appreciate poetry.) One reference that did call to me was William Wordsworth’s 1802 poem, The World is Too Much with Us, which reads in part:
FIRST, JUST BE STILL AND LISTEN … is the opening advice of the grandfather in THE TREEHOUSE, a novel by Naomi Wolf that I have been reading recently. “It is a disaster that we are losing the option of silence – with all these televisions, all these channels, these devices you carry that constantly interrupt you. … The very first lesson to a young poet, or anyone starting in on creative work, is this: go somewhere quiet and listen inwardly. What you hear internally might completely surprise you; and it won’t be true unless you hear it first internally.” My three oldest grandsons have decided that I need to build a treehouse for them at our home in the country. As I began looking for building plans for treehouses that might be adapted to the configuration of trees that are near our home, I stumbled across THE TREEHOUSE. It is a loosely biographical story of an independent minded woman in her forties who is reconnecting with her eighty year old father, who is both a poet and quasimystical figure. The woman asks her father to
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“The world is too much with us; late and soon, Getting and spending, we lay waste our powers: Little we see in Nature that is ours; We have given our hearts away, a sordid boon!” But, the grandfather’s initial advice to “be still and listen” is an iteration and echo of one of my persistent (and futile) complaints, i.e. the loss of time to reflect. Before facsimile machines and scanners and e-mail, lawyers crafted letters and documents through a process that, of necessity, included drafts and re-drafts and time to reflect upon the words before transmitting the product by mail to the recipient. With the accelerated cycle of work and client expectations of immediate responses that have become the “new normal” for our profession, the time to reflect has been lost. In my experience, the potential for error and a lower standard of craftsmanship has been the result of that loss. In the novel, the treehouse is an allegory for a place and time to be still and listen. Our Association has a luxury that we, as lawyers working in the “new normal,” do not have. Our Association has the time to be still and
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listen to you, our Members, as we ask you to help us improve our Association. One of the ways that your Association is trying to “listen” to you is through the recent Membership Survey. The Long Range Planning Committee is pleased to report that over 300 of you participated in the Membership Survey. Some of you may be thinking “only 300?” but keep in mind that participation of about 15% of the target group is a pretty good response rate in survey work. So, what were some of the messages that TCBA “heard” from you through the Membership Survey? [Please note that the percentages are comprised of Strongly Agree, Agree and Somewhat Agree or are comprised of Somewhat Disagree and Strongly Disagree.] The three most important TCBA Member benefits you identified were, in descending order of importance: Discounted/Free CLEs; Sections; and Networking; with Courthouse Security Badges and Community Service Opportunities close runner-ups. [This message was confirmed in a very real way at our recent Annual Free CLE event, which (by preacher count) was attended by around 150 of our Members.] Further, for 63% of you, TCBA’s CLE is part of your annual CLE plan! More TCBA social functions and/or member mixers are only attractive to 41% of you. This message is consistent with the relatively low attendance at our social functions and member mixers. [To a certain extent, this “message” was a surprise because of anecdotal popularity of such events about which TCBA’s leadership has heard from other associations around the country.] continued on page 2
President’s letter continued
93% of you indicated that TCBA sponsors and supports activities that are important to you. 96% of you indicated that TCBA supports and advocates for the judicial system and the Tulsa County judiciary. 98% of you indicated that TCBA offers many ways to become involved. 95% of you indicated that TCBA has leadership opportunities for any interested Member. 93% of you indicated that TCBA offers benefits to all of our Members. 95% of you indicated that TCBA offers quality services to our Members. 99% of you indicated that TCBA reflects the positive values of the profession. 89% of you indicated that TCBA provides value for your dues. You told us that 50% of you are rarely or never visiting TCBA’s website! [In case you are not aware of this focus, TCBA has been working for the last several years to improve our website and to make it more user friendly and helpful to our Members.] Since TCBA’s goal is to make everything from event calendaring to general Association communication available through our website, we interpret this message to mean that TCBA’s website has a long way to go. 95% of you indicated that you most prefer TCBA communication to be by e-mail. [Again, TCBA’s leadership has heard from other
associations around the country that Facebook and Twitter and other social media are the most popular ways of communicating with their members.] 25% of you indicated that you most prefer TCBA communication through the TULSA LAWYER. [It will be interesting to see how and if these numbers change as more of our Sections come to rely upon social media for their communications and now that the TULSA LAWYER is readily available in electronic form.] 70% of you indicated that your firm pays your TCBA dues but 78% of you said that you would still be a Member even if your firm did not! Those responding to the Membership Survey also provided helpful input on how to improve both the Foundation’s Annual Law Day Luncheon as well as the Association’s Annual Meeting. All of the comments, criticism and suggestions are appreciated and will be seriously considered as planning proceeds for such future events. [On a personal and related note, I think that Judge Daman Cantrell, who was the Committee Chair, and the Law Week Committee did an outstanding job this year! I will be surprised if TCBA does not win the Oklahoma Bar Association’s award for Best Law Week by a county bar association this year.] The demographics of those responding to the Membership Survey are: Mature – 20%; Boomer – 50%; Gen-X – 24%; and Millennial – 6%. 40% of those responding indicated that they are not involved in TCBA. [In retrospect, possibly we should have asked
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for the age group in conjunction with the question about involvement so that we could better understand who is not involved. Should you care to review them, the results of the Membership Survey can be sent to you in PDF format in response to your e-mail request to Bethany Lyon.] You have also spoken directly on a number of topics and the Association is listening. One example is the Association’s long-standing policy regarding renting TCBA’s meeting spaces for Oklahoma Bar Association CLE events. Historically, TCBA has not rented space to the OBA for OBA CLE events. Some of you have challenged us to re-visit this policy and we are doing so. One of my favorite Proverbs is found in Chapter 19, verse 20: “Listen to advice and accept instruction, that you may gain wisdom in the future.” TCBA plans to continue to utilize surveys to seek your advice and to “be still and listen” to your instruction. Please help us to gain wisdom regarding how to be the kind of Association you want us to be. Provide your input through the surveys but do not feel that you have to wait on us. TCBA leadership wants to hear from you and will appreciate your telephone calls, letters, e-mails and social media – even an old school, in-person visit! Thank you for your service! D. Kenyon (“Ken”) Williams, Jr. TCBA President 2014 - 2015
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Sandra Day O’Connor Award for Civics Education An inaugural award for civics education was presented at the Law Day luncheon on Friday, May 1, 2015. The first-ever award was given by the Law Day Committee and Tulsa County Bar Foundation to the Owasso 8th grade social studies department. The award was designated the Sandra Day O’Connor Award for Civics Education. The new annual award will go to the person or persons who have significantly advanced the teaching of legal civics in Oklahoma schools. The retired Justice has made it her mission in her career off the highest court to improve the quality of civics education and knowledge about democracy. Justice O’Connor was in Oklahoma three years ago to support OBA President Cathy Christianson’s mission to promote law related education in Oklahoma schools. As CNN reported Justice O’Connor is crusading in her retirement from the Court to reverse what she says is an alarming decline in America’s knowledge of democracy and civics fundamentals. Asserting that democracy is not inherited at birth but rather learned in school, O’Connor founded the educational nonprofit group Icivics to secure America’s governance and prepare the next generation of citizens and teachers. The Justice cited an Annenberg Public Policy Center national survey showing that only one third of Americans could name all three branches of government.
as Youth Court, and Cspan videos of the Chief Justice talking about the law and our democracy. Two of their teachers give countless hours of their time coaching the award winning mock trial team.” This year the Owasso 8th grade celebrated Law Day on May 6th with comments from Bob Redemann, TCBA Law Day Committee, among others, and watched American Bar Association videos about the Magna Carta, which was the Law Day theme this year.
O’Connor continued noting that 2/3 of Americans can name a judge on American Idol but only 15 percent can name the Chief Justice of the United States. Reinvigorating the civic mission of public education should be the top priority for anyone concerned about the future health of our government and our society, the Justice concluded.
The award was presented to Deirdre Hodge, principal, Kathy Rutherford and Ronda Hatton, teachers, and Dr. Clark Ogilvie, the Owasso superintendent. At the luncheon, Cantrell noted that “Each year we celebrate Law Day to reflect and honor the rule of law in our democracy. As the Tulsa World noted in a Law Day editorial, President Eisenhower in 1958 said “The world no longer has a choice between force and law. If civilization is to survive, it must choose the rule of law.”
Presenting the Owasso educators with the award, District Judge Daman Cantrell, Law Day Chair, stated “the school that we are honoring today does just as Justice O’Connor envisions. For the last eight years, they have celebrated Law Day at their school, and we believe they are the only school in the entire State that can say that, and possibly one of the few in the nation. And they just don’t have a short assembly, they conduct six sessions of hour long programs, inviting lawyers and judges to talk about the Constitution, jury trials, community groups such
On every May 1 since, Americans have been asked to rededicate themselves to the ideals of equality and justice. With the new award, the TCBA celebrates the role that educators play to live up the to the ideals of President Eisenhower’s proclamation.
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Charitable Trust Information
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Boss Holmes and the Sage of Sunset Terrace By Laurence J. Yadon Although this series usually profiles Tulsa attorneys, an exception has been made for insurance and convenience store mogul Burt B. Holmes and former Tulsa Historical Society executive director Clayton Vaughn, a retired broadcast journalist who has reported high profile national stories in Los Angeles, New York and elsewhere. Civilians they may be, but each of them has unique experience in the legal system.
Part Two The Helter Skelter Connection If these people in Hollywood have to go, so be it. Reminiscence of Manson “family” member Sandra Good in recent interview Maple Ridge. This was no coincidence. The previous renter was a musician- producer who once refused to give Manson a record contract, despite Manson’s referral by Dennis Wilson of the Beach Boys. But now the secluded house surrounded by acres of trees was occupied by actor Sharon Tate and her husband, film director Roman Polanski, who was out of town. The five victims that August night included Jay Sebring, writer Wojciech Frykowski, coffee heiress Abigail Folger, celebrity hair stylist Jay Sebring and Steven Parent, a friend of the family's gardener. Tate was stabbed sixteen times then temporarily hanged alive from the living room rafters after the killers attempted to terminate her eight and a half month old fetus. The next evening, Manson sent the same courageous crew out to kill “somebody rich.” They slaughtered grocery store chain owner Leno La Bianca and his wife Rosemary for no reason in their home six miles south of Benedict Canyon and then scrawled “Healter Skelter” (sic) in blood on the refrigerator door. This gave thenobscure assistant district attorney Vincent Bugliosi a descriptive theme when the trial began in July 1970 and a book title four years later. Clayton spent fifteen to twenty days attending the trial, thinking the entire time that defense lawyers Ronald Hughes and Irving Kanarek might just be as crazy as their clients. Prosecutor Bugliosi told Clayton that in a recent unrelated hearing, Kanarek had objected when his client had been asked to state his name. Since the client had learned his name from his parents, such testimony would be hearsay, Kanarek argued. And so it was no surprise when Kanarek and Hughes made hundreds of objections and were jailed for contempt twice. Security was extensive, since there had been rumors that the Manson cultists planned to bust Charlie out of jail. That problem was solved by putting the entire known Manson family membership on the witness list. Of course this didn’t stop “the Family” from protesting outside the courthouse. Even though the trial judge imposed a gag order on the defendants, witnesses and lawyers, there were other media opportunities. On days when not much was going on, Clayton interviewed future Presidential assassin wannabe Lynette “Squeaky” Fromme, who could usually be counted on to say
Many Tulsans remember him as a longtime Tulsa evening news anchor. His morning coffee crew knows him as “the Sage,” a gifted conversationalist who avidly follows Sooner sports. And more than a few locals remember him coordinating efforts to transform a long neglected mansion on South Peoria into the showplace we know as the Tulsa Historical Society. Yet few Tulsans know that Clayton Vaughn covered the Tate-LaBianca (“Manson”) murder trial as a Los Angeles anchor-reporter. Clayton hadn’t exactly pursued a career in journalism. A parttime radio station job arranged by his high school speech teacher in Cushing led Clayton to an eventual position as a radio news director at KAKC, Tulsa’s first rock ’n’ roll outpost. He began his television career here at KOTV in 1964, but five years later began a three-year stint as a weekend anchor and reporter at KABC-TV in Los Angeles. While there, he interviewed movie stars such as Candice Bergen and Robert Towne, the writer who scripted the masterpiece 1974 film Chinatown. And Clayton had arrived in LA just in time to catch a random assignment covering the TateLaBianca murders. Charles Manson and his cadre of some twenty-eight groupies, including co-defendants Susan Atkins, Patricia Krenwinkel, and Leslie Van Houten had lived thirty-one miles northwest of downtown LA, on the Spahn ranch where the television series Lone Ranger was once filmed. Charlie was an aspiring musician whose prison guitar tutor was former Tulsan Alvin Karpis of the Barker gang. When the Beatles’ White Album was released in November 1968, Manson claimed Paul McCartney’s song “Helter Skelter" as his own. Manson predicted “a coming apocalyptic war between blacks and whites, during which he and his ‘family’ would live 1 underground in the desert.” On the evening of August 8, 1969, Manson urged four of his LSD besotted groupies to go kill anyone then living at 10050 Cielo Drive in Benedict Canyon, a posh area somewhat comparable to Tulsa’s 1
All quotations not attributed to Clayton Vaughn are from “Charles Manson Today: the Final Confessions of a Psychopath,” Rolling Stone Magazine, November 21, 2013. 6
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something outrageous on camera. Neither Fromme nor the other Mansonites made much sense. Clayton concluded later that their brains were simply fried by spending most of their time taking LSD. Since most of the fact witnesses couldn’t utter a coherent sentence the motivation and background for the killings weren’t really established during the trial. “The story defied the experiences of even the most hard bitten crime reporters.” Clayton recalled. There were a few other surprises of course. During one trial delay, the camera crew Clayton had worked with reconstructed the route from the Spahn ranch and found some clothing the killers had worn at the Tate crime scene. The following January, about six months after the trial began, the jury convicted Manson and his three codefendants of first degree murder. Four months later, the same jury fixed the penalty as death, which the California Supreme Court declared unconstitutional in February 1972. Clayton considers the Manson murder trial unique in two respects. Unlike the tragically dramatic Oklahoma City bombing which was followed by a distinctly uneventful trial, the Tate-LaBianca murders and trials were both highly publicized news events. And although few outside California knew it, the Tate- La Bianca murders and the trial that followed created an atmosphere of fear across LA, from Burbank to the north, down to Long Beach and
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from the beaches of Santa Monica to Pomona in the eastern reaches of the metro area. This fear was not illogical. According to prosecutor Bugliosi, some twenty-eight other still unsolved murders before Tate-LaBianca might well have been committed by Manson family members. Today, Manson remains still in prison, “an old man with a nice head of gray hair but bad hearing, bad lungs, and chipped-andfractured, prison-dispensed bad dentures.” He walks with a cane and lifts it now, in greeting to his visitors, one of whom is a slender, dark-haired woman he calls ‘Star.” Rumor has it that Manson and Star might marry. Although Clayton never met Manson, during the trial the killer often tried to make eye contact with the attractive television reporter who sat next to him in assigned seating. That would be Clayton’s wife Nancy Vaughn, a Tulsa attorney and TCBA member. The Sixties gave us men and women of character, substance and stature, such as John F. Kennedy, his brother Robert, Martin Luther King Jr. and Rosa Parks. But it also brought us the vulgar narcissism personified by Charles Manson. Some cultural historians tell us that the Tate-LaBianca murder trial virtually marked the end of the lunatic fringe element within the American Counterculture. If only it were so.
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The Power of Wayne’s World By Barbara Woltz This past Mother’s Day weekend, I went to Avengers 2 with my husband and our two grown sons. A lot of people might scoff at that as a Mother’s Day treat, but I thought it was about the best thing I could imagine doing. Oh, of course, a cruise on the Mediterranean on a luxury yacht would have been nice, but within the realm of the possible, an outing to a fun movie was an enjoyable way to spend time with my family. And it reminded me of one of my favorite stories, which is tangentially related to attorneys and the legal world. I was only an observer as a member of the Legal Department of one of Tulsa’s biggest employers back in the days when there were still videotape stores. The head of the Legal Department had asked a business executive with the company to give a motivational talk to all of the assembled attorneys, legal assistants and staff at a legal retreat, which even included people who had flown in from other office locations. In preparation for the talk, the executive had sent out a short questionnaire to each person asking a few questions, including what your favorite movie was. I was suspicious of this question, but I did answer it (Groundhog Day). When it was time for the executive’s talk, we learned that the question about favorite movie had indeed been a trap. We learned that the great majority of us were incredibly boring attorneys because To Kill a Mockingbird was our favorite movie. Then, he picked on a young woman attorney who had put down Blue Velvet as her favorite. He made her stand up, and he made jokes at her expense for several moments while she turned beet red. Next, he tried the same thing on a legal assistant from outside Tulsa who had put down Wayne’s World.
This woman was not going to hang her head and look embarrassed, although we all laughed uproariously at the idea that someone could name Wayne’s World as their favorite movie. She asked him if she could explain, and she took the microphone away from him. She said that several years earlier she and her husband had been going through a really rough time where they were constantly unhappy with each other and were generally miserable with their lives. On a Saturday night, they decided to watch a video at home, and her husband sent her to the video rental store. She asked what he wanted to watch, and he said he didn’t care as long as it was funny. She looked around the store and couldn’t decide on anything. The clerk asked if he could help, and she explained that she was looking for something funny. He said that she should try Wayne’s World. She was skeptical, but he talked her into it. The woman returned to her house, and her husband blew up at her, ridiculing her for her choice. She said fine, but she was going to try it, and she put the tape in. Her husband stayed in the room, then he sat down on the sofa with her, and then they were laughing their heads off together for the duration of the movie. Finishing her story, the woman turned to the entire Legal Department and said “Wayne’s World saved my marriage.” It was one of the funniest, and most poignant, moments I can remember. And, I can’t remember anything the executive said to us that was supposed to be motivational. So, is this story filled with deep meaning? I don’t think so. Is it funny? I hope so. Is it trivial? You bet it is. But, maybe it also reminds us that sometimes something trivial, escapist, and just plain fun is what we need.
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Bears Win! The Three Bears prevailed over Gold E. Locks by the slimmest margin. Twelve Riverfield Country Day School student jurors had to return to jury room deliberations after a first-vote tie. Following the reading of the verdict, Gold E. Locks shook her golden locks and stamped her feet while Pop A. Bear, Mom A. Bear, and Babe E. Bear fist-bumped, smiled, and waved to the audience in celebration. The jury’s decision that Gold E. Locks showed bad manners was carefully and conscientiously reached by the twelve fair and impartial jurors. The mock trial of Pop A. Bear, Mom A. Bear, and Babe E. Bear, Plaintiffs, versus Gold E. Locks, Defendant was held April 27, 2015, in the Tulsa County District Courthouse to celebrate 2015 Law Day. Judge David Youll presided over the trial assisted by Bailiff Bob Lukenbill and Court Reporter Kemma Hicks. Fifty-four fifth and fourth graders attended the trial with their teachers and chaperones. The group was welcomed by Vickie Cox, Court Administrator, who discussed accepted courtroom protocols and expectations. Judge Martha Rupp Carter discussed Law Day and the Magna Carta theme and the rule of law with the students. Judge Youll called the case and After voir dire and jury selection, Plaintiff’s counsel, Larry Edwards, called witness Mom A. Bear (Judge Martha Rupp Carter) to testify that her delicious and nutritious breakfast porridge needed to cool before eating. And so the bears went for a walk in the woods after Babe E. Bear closed the front door to the cottage. Mr. Edwards called Pop A. Bear (Judge Anthony Miller) who testified that upon the Bears’ return, porridge was eaten and various pieces of furniture were used and broken. Plaintiffs’ last witness, Babe E. Bear (Court Reporter Gary Woodson), could not remember if he closed the door to the cottage but was very sad Gold E. Locks broke his favorite chair and very frightened to find her asleep in his bed. Defendant’s attorney, M. J. Denman, afforded Gold E. Locks (attorney Sheila Naifeh) a spirited defense, asserting the Bears essentially invited his client inside by leaving the cottage door open and tempting her with a delicious aroma of porridge. Gold E. asserted her intention was to remain in the cottage to thank the Bears for the yummy breakfast and the chair must have been broken before she ever used it. Mr. Denman also called Gold E.’s mother, Mrs. Locks (Vickie Cox) to the stand to testify how well-behaved and polite her daughter is. The students’ participation as jurors and observation of the mock trial enlightened them about Law Day, the rule of law, and how a trial operates. By Martha Rupp Carter
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but misguided social norms through acts of non-compliance. In virtually all such instances, the lawyers took actions which were both selfless and courageous, a few of which are described below. Sir Thomas More, Chancellor of England and a Catholic, refused to accept the religious mandate from his friend, King Henry VIII, suffering death rather than compromise his faith. More’s example has helped ensure individual religious freedom from government interference for us today. More’s moral and ethical struggle was beautifully documented in the movie, A Man for All Seasons. Our founding fathers, many of whom were lawyers, revolted from oppression by England, declared the 13 colonies independent, established a more perfect union and set the United States on its present quest of individual freedom and equal justice for all. Their revolution was the product of many individual acts of courage and sacrifice in the face of extraordinary risks. In Marbury v. Madison, Chief Justice John Marshall found a way to declare an act of Congress unconstitutional, thereby establishing the principle of independent judicial review over unconstitutional legislative and executive actions. This opinion faced enormous public criticism and political opposition. Abraham Lincoln endured almost impossible political and military pressures by outlawing slavery (then the law of the land in many states), by fighting the Civil War and by keeping the United States together as one union under God. His legacy was established through daily acts of courage and self-sacrifice. In Brown v. Board of Education, Chief Justice Earl Warren lead a unanimous Supreme Court in overturning the long-held doctrine of separate but equal, much to the shock, surprise and criticism of his former political friends. Chief Justice Warren’s courage resulted in disruption and disorder in public education but established the greater principle of equality and fairness in public education for all. Many in Congress courageously forged the legislative compromises required to pass the Civil Rights Act of 1964 at a time of great civil revolt and unrest. Most of those elected officials were lawyers, and many acted courageously against strong opposition from their party and from the public. Many US attorneys and state district attorneys courageously prosecute allegations of terrorism, public corruption, organized
I recently proposed a definition for professionalism as follows: “Professionalism for judges and lawyers means possessing, demonstrating and promoting the highest standards of Character, Competence, Compliance, Civility and Citizenship.” This proposed definition was intended to capture concisely all the core values, attributes and characteristics of the professional lawyer. The term “compliance” was intended to mean that the professional lawyer: 1. Complies with all laws, rules and regulations; and 2. Complies with the Rules of Professional Conduct which govern the legal profession; and 3. Complies with generally accepted Standards of Professionalism. As so defined, however, compliance without qualification would not permit the professional lawyer to challenge by non-compliance unjust, unfair, unequal or unconstitutional laws, rules or regulations. Compliance without some explanation might even prohibit professional lawyers from taking actions necessary to protect their clients. In the extreme, compliance could justify silence or even affirmative support for corrupt, discriminatory and inhuman laws. Of course, that interpretation was not the intended. When a law unfairly stifles freedom or interferes with equal justice for all or discriminates unfairly against persons because of race, religion, creed or color or violates other fundamental core constitutional principles, non-compliance is not only permitted but may even be mandated. For example, a law that forces people of color to sit on the back row of a public bus should be opposed on equal protection grounds, even in the face of intense public support. Likewise, a law that prohibits marriage between two consenting adults of different races should be challenged, even though there is virtually unanimous community support for the law. A majority does not decide the application of core constitutional principles. Throughout history, lawyers have led the way in opposing government actions which limit or deny basic human rights. In many instances, these lawyers were forced to challenge accepted 14
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crime, gang violence and other major criminal misconduct at great personal sacrifice, including even treats of violence against them and their families. Their courage, conviction and perseverance are monuments to legal professionalism. Atticus Finch, the fictional lawyer portrayed in To Kill a Mockingbird, courageously defended a black man wrongly accused of raping a while woman in a small Southern town at great personal risk. He models many public defenders and other lawyers today who, at great personal risk, defend persons wrongly accused of crimes. Other courageous lawyers devote substantial time and effort to the Innocence Project. They work tirelessly, often against fierce public opinion, to free persons wrongly convicted of serious criminal conduct, thereby helping to protect all of us from wrongful prosecution. Other examples of lawyers who act courageously include: (1) lawyers who refuse to permit their clients to testify falsely; (2) lawyers who refuse to counsel or permit their clients to commit fraud or a crime; (3) lawyers who refuse to assist their clients in writing and publishing false or misleading disclosure documents; (4) lawyers who represent whistleblowers seeking to prevent serious injury and damages to others; and (5) judges, legislators, public officials and individual lawyers who do the right thing for the right reason, despite enormous contrary public pressures and even personal condemnation from their superiors, friends and family. Evil persists when good men and women remain silent; but individual lawyers help defeat evil by acting with courage in opposing laws which are unfair, unjust or unconstitutional.
Professionalism requires lawyers to comply with all the laws, rules and regulations which govern our society. However, professionalism also requires lawyers to act with courage in opposing laws which are unjust or which produce illicit results. My proposed definition of professionalism is incomplete without a specific reference to the courage of lawyers who protect, preserve and enhance the Rule of Law. These lawyers serve their clients, sometimes at great personal sacrifice and often exposing themselves and their families to serious risk of harm. Consequently, my proposed definition of professionalism needs to be modified to read as follows: “Professionalism for judges and lawyers means possessing, demonstrating and promoting the highest standards of Character, Competence, Compliance, Civility and Citizenship.� [Emphasis Added.] Virtually every lawyer will, at some time during his or her career, be faced with ethical challenges where compliance with the law could produce an unjust result. Our profession encourages all lawyers to act with courage, when the cause is just, despite intense opposition to the contrary. We honor the courage and sacrifice of those lawyers who stand against unfair discrimination and against enforcement of unequal or unconstitutional laws. Their courage models professionalism in action.
Law Related Education Committee The Law Related education committee hopes to send a letter to every school in Tulsa County and by next year, provide an attorney speaker at least once in every high school. A contact list was compiled this past year and the letters should reach the correct person before the next school year starts so that teachers have the opportunity to schedule according to their needs. The Law Related Education Committee is also available to provide speakers to community groups. If you are aware of any groups looking for a speaker, please contact the Tulsa County Bar Association so a speaker can be scheduled. 918-584-5243 www.tulsabar.com
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Paralegal Profile Casey O’Connor Casey O’Connor, a member of the Paralegal Section, comes from a family with roots in the Tulsa County Bar Association and followed a varied career path before becoming a paralegal. Graduating from OSU-Tulsa in 2009 with a Bachelor of aArts degree in Liberal Studies, she worked as a teacher’s assistant, an insurance CSR, and a law firm receptionist. She completed the post baccalaureate paralegal certificate program at the University of Tulsa in 2012 and earned her Certified Paralegal credential from the National Association of Legal Assistants a few months later.
statement to the police but was not called to testify. The terror of the situation did not fully hit her until about an hour after it was over and she had left the area, when she realized how close she had been to walking into danger. As a result of this experience, Casey has a new and better understanding of how eyewitness accounts are not always the most accurate account of an incident. She had always believed that she would be able to give a great witness statement if she were to witness a crime. However, since the courthouse shooting, she now understands that the surge of adrenaline and high stress in such a situation can make it difficult to accurately remember details. Casey was surprised to find that her description of the shooter differed somewhat from the photos she saw of him in subsequent news reports. This incident has given Casey real-life experience that she applies to her paralegal work.
Casey worked for a solo practitioner in family law before settling at her current position one year ago as a paralegal with the Best & Sharp law firm. She works with ten attorneys and enjoys the collaborative process of working with the firm’s other paralegals. Although the firm is an insurance defense firm handling medical malpractice cases, Casey’s caseload is primarily municipal law cases in federal court. She assists attorneys in defending small Oklahoma municipalities in wrongful termination, discrimination, excessive force and wrongful arrest suits.
When she is not working, Casey spends her spare time caring for her dog Penny, a lab mix, as well as cooking, trying out new restaurants in the downtown area, traveling, honing her card game skills, target shooting, and playing on the Best & Sharp softball team. Her father is Patrick O’Connor, a past president of the TCBA.
Casey enjoys the variety of factual situations in municipal law, which appeals to one of her strengths: her curiosity. Her love for investigation and research is a valuable asset in researching potential witnesses and has led her to develop a habit of checking the Tulsa Police Department’s daily blotter for the previous day’s arrests. This has often led to useful information in her work. She enjoys being “behind the scenes.”
Casey is currently a member of the National Association of Legal Assistants and the Tulsa County Bar Association.
On the morning of March 7, 2012, Casey had just emerged from the underground parking area at the Tulsa County Courthouse and was starting across the plaza between the courthouse and the Central Library on her way to file some documents when a man approached her and told her not to go any closer to the courthouse because a man with a gun was on the plaza. She was pulling out her phone to call the police when she saw the armed man begin firing at the sheriff’s deputies that had come out of the courthouse. Casey ducked to the ground behind a concrete wall divider where she was out of the line of fire. She gave a written
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3rd Quarter Golden Rule
The Honorable Carlos Chappelle He has been a great influence on his nephew, Danny Williams, now the U. S. Attorney for the Northern District of Oklahoma. When Williams was a youngster, Judge Chappelle would take the teenager with him to Court, to attend hearings and meet the judges. He recalls telling his uncle that “someday it will be Chappelle, Cole and Williams.” “He has been my confidant, and while he is my uncle by blood, he is more like my big brother. I have never made a major decision in my life without going over the situation with him.” Williams recalls his uncle telling him that his judgeship was” the best job I have ever had.” He also recalls Judge Chappelle telling him: “This is the people’s court. I work for the people. They will always get a fair shake, win or lose.” Williams’ love and admiration for his uncle is obvious and uplifting. It has been as a member of the Judiciary where the Judge been exceptional, rising from a special judgeship to become the Presiding Judge for the 14th Judicial District in January, 2014. Newspaper reports from the time announced that he was the first Black Presiding Judge. That is factual, but leaves so much of the story out. The TCBA honored him with an event in February of 2014, that was filled to overflowing-revealing again the incredible respect there is for this kind and caring Judge. His successor, Judge Rebecca Brett Nightingale, can regale you with her stories about a man she says that she feels blessed to know and to have known in varying facets, from appearing before him as a lawyer, to working with him as a Special Judge, District Judge and finally her Presiding Judge. She particularly treasures those opportunities where, she reports, that she was frustrated, feeling down or just needing some good counsel, and she would wander into his always immaculate office. “Judge Chappelle has always had such a peace about him, such a welcoming smile and spirit. A little time with him and my frustrations disappear.” Court of Appeals Judge Jane Wiseman, a longtime colleague on the trial bench, praises his even tempered, civility and fairness to everyone in the process. The litigants and the lawyers, from both sides, know they will always receive fair treatment. She particularly is taken with his remarkable, “judicial temperament.” Allowing that some jurists may have a bit of “Black Robe Fever,” she notes that Judge Chappelle never got caught up in that. “He is a gentleman, always wanting to do the best for everyone,” she added. She recalls that during her days on the trial bench, Judge Chappelle became a constant bright light in her day and in her life. “When I was on the trial bench, he would see me, break into that phenomenal smile and put his arm around me, telling me I was his favorite Judge. Of course, I am sure he told that to all of us;” but, she added, it would really brighten your day. Another “Robing Room” quote virtually echoes what his judicial colleagues say about Judge Chappelle: “He is a credit to the bench.
If you go to ”The Robing Room” website, a site with ratings for judges, you will get the perfect summary of this quarter’s Golden Rule Award recipient, The Honorable Carlos Chappelle: “Hard worker, good temperament, fair and even handed. What more could you ask for.” Really, what more could you ask for? The son of one of Tulsa’s most prominent ministers, Rev. T. Oscar Chappelle, Carlos first was known as a silky smooth basketball player, all-state from Tulsa Central in 1969, when Central won the state title. He received a scholarship to OU to play basketball, but after a year, decided he was going to spend his college years studying, not playing. In the history of Oklahoma there were two great basketball players named Carlos, Gripado (TU) and Chappelle. He grew up the younger son of the Minister who was famed for his annual sermon, “Blues in the Night,” first given when he was Dean of the Langston University School of Religion, in 1939, and, until his death, repeated annually as Pastor of Morningstar Baptist Church, a Tulsa institution. His older brother, Thomas, succeeded his father as pastor at the venerable church. The Chappelle family has a long history of prominence in Tulsa. Judge Chappell took a different track from his father and his older brother, pursuing instead, a life in the law--a life he has loved and embraced these many years. He had a very successful career as an entrepreneur, according to James Goodwin, longtime Tulsa lawyer and former mentor to Judge Chappelle, as well as to Judge Gordon McAllister and Judge Jesse Harris. Goodwin recalls appearing before his former law clerk many times in the Court. He remarks that he has such appropriate judicial temperament, befitting his position. “He is always prepared, always well read. You don’t have to refresh his recollection like you do for some judges.” Goodwin says that the Judge has always been fair in dealing with his cases, showing no favoritism to his former mentor. “I have won some and I have lost some.” The Judge’s intelligence and wisdom virtually guaranteed him a sterling career in the law, and he collected on that guarantee. He successfully practiced law, handling matters from many different disciplines of the law, carving out a reputation as a thorough, intense and highly ethical practitioner. He formed a partnership with David Cole, another young lawyer in Jim Goodwin’s office, and, as Cole recalls, “We would sit there looking out the window from our office, just hoping against hope that a client would walk in.” Cole recalls that Judge Chappelle in his early days was a soap opera aficionado. Cole said he would return from court “and Carlos and the office staff would be huddled around the television watching ‘All My Children.’ ” Cole and Chappelle practiced together from 1982 through 1991, when Judge Chappelle became a special judge and began his judicial career.
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young man I have ever known.” High praise indeed. She always looked forward to her next visit with him. Judge Wiseman characterizes Judge Chappelle as a major contributor to the entire Tulsa community, a beacon in the cause of justice to this community. Judge Nightingale has long admired his ability to exercise his great sense of timing. “As our Presiding Judge he has had a great sense of timing. Knowing when to act, and knowing when to let things simply rest and resolve themselves. I hope to be able to learn to address things like Judge Chappelle, addressing them when they need to be addressed, and not before.” Judge Chappelle has countless admirable traits. He has always had a great sense of timing, he has been a very strong and reliable leader for the 14th Judicial District judiciary. He is, as Judge Nightingale says admiringly, “So dedicated.” He also has long been famous for his remarkable storytelling, spinning his clever, funny, even poignant stories with his characteristic wit and kindness. But for all his many admirable qualities, those of us who know him finally point to his greatest gift: Wisdom. It is his wise, fair, evenhanded, cheerful treatment of all who appear in his court that make him the ideal recipient of the “Golden Rule Award.”
Smart, fair and knowledgeable. A pleasure to practice before.” Compared to some of the exceptionally negative lawyerly comments regarding judges made on that web site, you nearly expect that Judge Chappelle regularly walks on water. This writer has known Judge Chappelle since the very early 70’s when he moved into a Gilcrease Hills townhouse across the drive from my parents’ townhouse. I was selling those while working my way through TU law school. I was stunned from the first minute with that remarkable twinkle in his eyes, his awesome grin, and his very sardonic sense of humor. He called me “Jedge” in those years, never expecting me to return the favor on those occasions I was privileged to appear before him…the smile, twinkle and wit still uppermost even while presiding over my case. He makes you feel comfortable, confident and overjoyed that this is your judge. The same reaction my opponents always have. During his stay in the townhouse in Gilcrease, he was a regular visitor to my folks, brightening their days when he dropped by for a visit. His concern and consideration for my aging parents was incredible and comforting to me. My mother, a woman her brothersin-law called the Gunnery Sergeant for her tough demeanor, always brightened when recounting a Chappelle visit. To her, he was the “finest
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appeared on Wednesday mornings on Tulsa’s Mix96 for What’s Your Problem Wednesday. Sunday evenings Mr. Weintraub takes the air for What’s Your Problem Weekend on KRMG.
Grapevine
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Crowe & Dunlevy recently named Mark A. Craige, Matthew B. Hickey, Elizabeth Ann Scott, Thomas B. Snyder, and Mary Ellen Ternes directors of the firm. Craige is a director in the firm’s Tulsa office and a member of the Bankruptcy & Creditor's Rights practice group. He has been engaged in private practice since 1982 and has focused on bankruptcy, insolvency and commercial litigation for more than 30 years. Craige has been board certified in business bankruptcy law by the American Board of Certification since 1992. He received his Juris Doctor from the University of Tulsa College of Law. Based in the firm’s Oklahoma City office, Hickey is a director and a member of the Taxation, Private Wealth & Closely-Held Business, Nonprofit/Charitable Foundations and Employee Benefits & ERISA practice groups. He assists a variety of business and individual clients with tax, transactional, wealth-transfer, tax-exemption and retirement plan issues.He obtained his Master of Laws in taxation from the New York University School of Law and graduated with highest honors from the University of Oklahoma College of Law. Scott is a director in the Oklahoma City office and member of the Administrative & Regulatory, Healthcare and White Collar, Compliance & Investigations practice groups. Her primary focus includes administrative and regulatory law and healthcare litigation. Prior to joining the firm, Scott served as an Assistant Attorney General in Oklahoma. She received her law degree from the University of Oklahoma College of Law and has bachelor’s degrees in accounting and economics from Oklahoma State University. Snyder is a director in the Litigation & Trial and White Collar, Compliance & Investigations practice groups in the firm’s Oklahoma City office. His practice includes managing complex business litigation with substantial experience in white collar criminal defense and investigations involving state and federal environmental laws, healthcare fraud, False Claims Act defense, anti-corruption, money laundering and related civil and administrative proceedings. He is a former assistant U.S. attorney (AUSA) for the Southern District of California in the General Crimes Division and received his Juris Doctor from Harvard Law School and his bachelor’s degree in philosophy, magna cum laude, from Baylor University. Ternes is a director in the Oklahoma City office and a member of the firm's Environmental, Energy & Natural Resources and Litigation & Trial practice groups. She has more than 30 years of experience, first as a chemical engineer in site remediation, hazardous waste and air permitting, and then as a lawyer advising clients on matters of environmental permitting, compliance strategies, enforcement defense, environmental assessments, voluntary cleanup practices, environmental impact statements, as well as federal and state litigation. She received her Juris Doctor with high honors from the University of Arkansas at Little Rock and her Bachelor of Engineering in chemical engineering from Vanderbilt University.
Kalan Chapman Lloyd is proud to offer the revamped release of Home Is Where Your Boots Are, the first in the series The MisAdventures of Miss Lilly, hitting shelves on May 19, 2015. Set in fictional Brooks, Oklahoma and based loosely on the author’s hometown of Tahlequah, Oklahoma, The MisAdventures of Miss Lilly is a vibrant kaleidoscope of stories with a sassy edge, a southern vibe and a smart, scrappy rebel of a heroine. Home Is Where Your Boots Are follows attorney Lilly Atkins’ return to her hometown on the heels of a broken engagement. The Midwest Book Review says Home Is Where Your Boots Are is “[chick-lit] with Southern spice…entertainment reading at its best" and Kirkus Review says, "[f]eaturing a heroine worth accompanying home, this punchy debut begs for a sequel." Author Bio: Kalan Chapman Lloyd is an attorney and author currently residing in Tulsa, Oklahoma. Kalan grew up in the small town Tahlequah, OK. She attended Oklahoma State University and the University of Tulsa College of Law and has been a member of the Oklahoma Bar since 2008. Her first novel, Home Is Where Your Boots Are is the first in the series The MisAdventures of Miss Lilly. The first edition of Home Is Where Your Boots Are was a finalist in the Amazon Breakthrough Novel Awards, and spent several weeks at No. 1 on the Literature and Fiction list of Lulu.com. It is set for re-release in 2015. Her second in the series, These Boots Are Made For Butt-Kickin’, is due out in June 2015. _________ __________
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Savage O’Donnell Affeldt Weintraub & Johnson is pleased to announce that Adam Scott Weintraub has completed training in “Mediating the Litigated Case” at Pepperdine University’s Strauss Institute for Dispute Resolution. In addition to mediating litigated cases, Mr. Weintraub is available for pre-litigation mediation and will also mediate matters involving unrepresented parties. Mr. Weintraub has been selected as one of Tulsa’s Top Lawyers, holds an AV rating from Martindale-Hubbell, and has for 10 years 26
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Monroe & Keele, P.C. is pleased to announce that Natalie S. Sears has joined our firm as an associate attorney. Ms. Sears has served our clients as a legal intern since April of 2014. She was admitted to the Oklahoma Bar in April 2015 after graduating from the University of Tulsa College of Law in December 2014 (J.D.) and the University of Oklahoma in 2011 (B.A., Magna Cum Laude). Ms. Sears’ primary practice areas include criminal defense, family & domestic law, and general civil litigation. She also provides probate and estate planning services. She is currently a member of the Oklahoma State and Tulsa County Bar Associations. She is also a member of the Probate and Estate Planning Section of the Tulsa County Bar Association. _________
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Hall Estill Associate Tami Hines was honored by the American College of Consumer Financial Services Lawyers (ACCFSL) during its 2015 annual meeting as a winner of its Annual Writing Competition. Each year the ACCFSL seeks to recognize written contributions to the field of consumer financial services law. Hines is the winner of the student category for her article, MERS: Sometimes Agent, Sometimes Principal, Often Misconstrued. “Ms. Hines has proven to be an outstanding addition to our team,” Michael E. Smith, senior board member in Hall Estill’s Oklahoma City office, said. “Her academic success and scholarly work continue to be
Tulsa T ulsa Lawy Lawyer y yer Submission b i i n Guide G
recognized by the legal community. Her knowledge and expertise are tremendous assets to the firm and our clients.” Hines’ award included a trip to the San Francisco ceremony and a cash prize. Ms. Hines joined Hall Estill after graduating from Oklahoma City University School of Law in 2014. While in law school she was the editor-in-chief of the Oklahoma City University Law Review for the 2013-2014 academic year and a William J. Holloway American Inn of Court student member. Founded in 1996, the ACCFSL is a professional association of lawyers particularly skilled and experienced in handling consumer financial services matters and dedicated to the improvement and enhancement of the skill and practice of consumer financial services law and the ethics of the profession. The College brings together into an association qualified members of the profession who, by reason of their character, skill and ability, will contribute to the accomplishments and good fellowship of the College. _________
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Joseph H. Paulk, Oklahoma attorney and President of Dispute Resolution Consultants, presented a keynote speech entitled “Value” to the Association of Attorney Mediators in New Orleans, LA on May 1, 2015. The national meeting presentation highlighted results from surveys conducted over several months by Mr. Paulk and his staff into what mediation participants truly value in mediation. A cross-section of mediation participants – attorneys, corporate representative and national claims professionals -- provided fascinating insight into understanding what they value in mediators and the mediation experience. In addition to Paulk’s ADR practice, he has also taught at the University of Tulsa and University of Arkansas law schools and is an author and frequent speaker on mediation and trial consulting.
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Multistate AV Rated Insurance Defense Firm is looking for associate attorney for our Tulsa office. Applicants must have one year experience in workers’ compensation law, civil experience is a plus. Will consider third year law student as clerk with possibility of long term employment. Salary commiserate with experience. The firm offers excellent benefits including, but not limited to 401K and health insurance. Please provide resume to Thomas Walsh at twalsh@mvplaw.com.
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Building Our Future
June 2015
Tulsa L awyer M agazine
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