Tulsa Lawyer Magazine November 2016

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TULSA LAWYER

A Message from

In this Issue

Matt Farris 2016-2017 TCBA President

18

November 2016

4 Santa Brings A Law Suit

Parades represent something, don't they? By Michael Taubman

22 Take a Moment to Appreciate Veterans By David Guten

5 2016 Winter CLE Schedule

6 VP's Corner - Holiday Challenge Ann Keele

9

Veteran Recognition

10 Jose's Story 12 Bobby's Fight

14 Capital Campaign Update 20 Section News-Litigation 26 The Coffee Bunker 28 A Tribute-Fred Slicker 31 Classifieds

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A Message from the President

Matthew S. Farris Reflecting with Pride I am proud to call Tulsa my home. I am a native Tulsan but I have lived in other states, traveled to every region of this country, and extolled Tulsa’s virtues to all sorts of people. Some of those people - particularly on the East coast in my experience - would have struggled to locate Tulsa on a map. However, the family, friends and guests I have introduced to the Tulsa area are usually impressed with what our city has to offer and the quality of life attainable to those living here. Of course, Tulsa has its challenges and must improve in certain areas. Nevertheless, it is evident to me that our city leaders and numerous community stakeholders endeavor to grow and improve what the city of Tulsa can offer its citizens, the residents of northeast Oklahoma, as well as our visitors (e.g., A Gathering Place for Tulsa). Such growth and development offer Tulsans additional pride and reference points when ‘talking up’ our city. Inasmuch as Tulsa Lawyer Magazine is focusing on veterans this month, there can be no doubt that Tulsans take pride in the many veterans who reside in the region. Veterans Day is Friday, November 11th. For 96 years, Tulsans have honored the men and women who have served and continue to serve our country in the United States’ armed forces by attending the annual Veterans Day Parade. The parade draws many thousands of spectators to downtown Tulsa each year. Whether you attend the parade every year, have not attended in a while, or if you have never attended the Veterans Day Parade, I encourage you to experience the 97th edition of the festivities set for downtown Tulsa in a few days’ time. You will not be disappointed. In conjunction with this year’s Veterans Day festivities, the Tulsa County Bar Association’s Military and Veterans Committee – chaired by David Guten – will be actively supporting veterans 2 Tulsa Lawyer

by hosting numerous events. For example, the Military and Veterans Committee is hosting a CLE on Thursday, November 10, 2016 from 9:00 to 12:00 at the bar center. The CLE will focus on legal issues and services attorneys can provide to veterans, including the critical issue of assisting veterans in obtaining and maintaining the benefits they have earned through their military service. Please plan on attending the CLE if you would like to learn more about assisting veterans with their legal needs. Additionally, the Military and Veterans Committee presents regular Ask-A-Lawyer events for veterans at the Coffee Bunker (6365 E 41st St, Tulsa, OK 74135) where veterans are able to gather, socialize and consult with attorneys on a pro bono basis regarding their legal questions and concerns.1 On a personal note, I am reminded of the service and sacrifice of my family members and friends each Veterans Day. Both of my now-deceased grandfathers (my paternal grandfather was an attorney and longtime TCBA member) served our country in World War II in the United States Army. My father-in-law (also an attorney) served as a Captain the United States Naval Reserve (Ret.). Currently, my brother-in-law serves as a Captain in the United States Army. He is a combat veteran (Afghanistan) and is stationed in Vicenza, Italy. These family members, both living and deceased, will be on my mind this Veterans Day. Many TLM readers may recognize the name Jared Shoemaker. Jared was a Tulsa police officer and United States Marine - assigned to Weapons Company, 1st Battalion, 25th Marines, 1st Marine Expeditionary Force - who was killed in 2006 in Fallujah, Iraq (Al Anbar Province) when an improvised explosive device went off directly under the vehicle his team


was traveling in as part of a mounted patrol. Jared was also my good friend. Jared and I became friends in 1988 as sixth grade classmates and teammates at Edison Middle School. Jared joined the Tulsa Police Department in January 2005 after becoming a member of the Marine Corps Reserve, and was activated by the Marine Corp to active duty in December 2005. I vividly recall our last conversation at my house on New Year’s Eve 2005, just before he was leaving for combat training in advance of his deployment to Iraq, as we remained good friends through the years. He was scheduled to return from his deployment to Tulsa in October 2006, but he was killed on September 4, 2006. To my knowledge, Jared is the only active Tulsa police officer who has been killed during military combat. His funeral was like nothing I have ever witnessed. The funeral service, motorcade to the cemetery, graveside honors and military fly-over was a fitting tribute to an outstanding police officer and marine. I am reminded of Jared every time I drive over the Corporal Jared Shoemaker Memorial Bridge located at 81st Street & Highway 169 and each time I pass by the Corporal Jared M. Shoemaker Military and Veteran’s Resource Lounge while flying into or out of Tulsa International Airport. I am proud to call Jared my friend.

(7) Oklahoma state questions addressing the following issues: State Question 776: Constitutional Amendment on the Death Penalty State Question 777: Constitutional Limits on Regulation of Agriculture State Question 779: Sales Tax for Education State Questions 780 & 781: Criminal Justice Reform State Question 790: Use of Public Resources for Religious Purposes State Question 792: Alcohol Law Reform Regardless of your political affiliation (or lack thereof), I encourage TLM readers to educate yourselves on all of these issues and exercise your right to vote on November 8th. Voter participation is essential if our government is to reflect the will of the people and, hopefully, all TLM readers will display their civic pride

Our city’s collective reaction to a recent and controversial officer-involved shooting also evokes a sense of pride as a Tulsan. Here, peaceful protests, community gatherings and vigils were the norm in response to the death of Terrence Crutcher. In Charlotte, North Carolina, widespread rioting and violence followed an officer-involved shooting that resulted in the death of Keith Lamont Scott. These two tragic incidents garnered widespread national media attention, as did the disparate community responses displayed in Tulsa and Charlotte.2 Tulsa’s peaceful response to tragedy is a credit to the people of Tulsa and our community as a whole. Finally - in case you haven’t heard - there is an election coming up on Tuesday, November 8th! In addition to tending to the business of electing our nation’s 45th President, area voters will be asked to vote on seven Tulsa Lawyer 3


by exercising their right to vote on November 8th. I am proud to live in our city and I am proud to serve as President of the Tulsa County Bar Association. As we round the corner into the holiday season, I wish you a Happy Thanksgiving and hope you are blessed to spend some time away from the office with your loved ones.

1

Please contact the bar center (918-584-5243) if you would like more information regarding the Military and Veterans committee’s next AskA-Lawyer event held at the Coffee Bunker. 2

See, e.g., Why Charlotte Exploded and Tulsa Prayed (http://www.cnn.com/2016/09/22/us/tulsa-charlotteshooting-protests/); as of October 12, 2016.

Sincerely,

Visit www.tulsabar.com for CLE events & dates!

Matthew S. Farris 2016-2017 TCBA President

Santa Brings a Law Suit Once again, the Tulsa County Bar Foundation, in conjunction with the TCBA, is gearing up for its ever-popular “Santa Brings a Law Suit” clothing drive. The drive annually provides business attire to men and women in need so they may make the best possible impression during a critical job interview or their first day of work. The legal community is particularly well “suited” for this task as so many of us wear professional attire every day. If you have professional or business casual clothes for men or women – suits, dresses, skirts, blouses, dress pants and shirts, ties, belts, shoes, etc. – please begin to put them aside for the benefit of needy and deserving Tulsans.

THIS YEAR’S DRIVE BEGINS ON MONDAY, NOVEMBER 14, 2016 AND RUNS THROUGH DECEMBER 9, 2016

of this year’s drive, the TCBF’s Community Outreach Committee will deliver the clothing to Tulsa area charitable organizations, including the Salvation Army, John 3:16 Mission, and Women in Recovery, who truly appreciate and utilize your donation of professional attire to better our community. Your generosity is greatly appreciated (and tax deductible.) Tax receipts are available upon request when you drop off your donations. Let’s have a wonderful holiday season, and build on the past success of this drive by cleaning out our closets and helping Tulsans get back to work! Ashley R. Webb, Community Outreach Committee Chair, Tulsa County Bar Foundation Riggs, Abney, Neal, Turpen, Orbison & Lewis, Inc. Drop-Off Locations: TULSA COUNTY BAR 1446 South Boston, Tulsa, OK 74119

Clothing can be dropped off at the locations listed below RIGGS, ABNEY, NEAL, TURPEN, ORBISON & during regular business hours. All items should be LEWIS, INC. 502 W 6th St, Tulsa, OK 74119 clean, on hangers and ready to wear. At the conclusion 4

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VP's Corner Ann Keele, 2016-2017 The leaves are falling, the air is cool and crisp, and it’s time for all things pumpkin and spice. Thanksgiving is here, so let’s take an opportunity to pause our busy lives, and think about some things for which we can be thankful. I’m thankful that the election season is nearly over, and that no matter what the election results are, we can all remember that our Nation’s greatest strength is our people. Our diversity makes us special, and our willingness to celebrate our differences and focus on achieving common goals and dreams will help bridge the divide. Regardless of what label

we place on ourselves, we are all Americans. Working together for the greater good of all citizens, nationally and locally, should be our focus. I’m also thankful that the TCBA celebrates our members’ diversity and strengths, and affords all members with opportunities to get involved with projects in which he/she has an interest - regardless of firm affiliation, type of law practice, gender, race, or age. This year marks the 20th Anniversary of the Honorable Millie Otey being elected as TCBA President. She was the first female elected as TCBA President in over 50 years. Her successful tenure as our President opened the door for many other women to participate in leadership roles in the TCBA. Judge Otey continues to remain active


with our Bar, selflessly giving of her time and efforts to keep pushing forward, always striving to make our association better. Thank you for over 20 years of service and dedication to the TCBA, Judge Otey! We appreciate you. Another achievement to celebrate is that our very own, Kimberly K. Hays, is running unopposed for 2017 President-Elect of the Oklahoma Bar Association. Congratulations, Kim! We are proud of you, and know that you will continue to represent Tulsa and our entire State Bar with excellence. Moreover, this year I had the honor of serving as Co-Chair of the OBA’s Women in Law Committee with Reign Sikes of Oklahoma City. We just held our conference in Oklahoma City on October 21 which was themed “Just Desserts: The Sweet Reward of Civic Service” in keeping with President Garvin Isaac’s theme of public service and juror appreciation. Thank you for all of the TCBA members who helped make that conference a huge success.

Homecoming football game. Tremendous fun was had by all. If you know any young lawyers (less than 10 years in practice) who are not yet TCBA members, please encourage them to join. It’s not only fun, it is rewarding too. Feel free to contact me or Kevin Cousins if you would like more information about the many benefits TCBA has to offer to all of our members. Lastly, thank YOU for all of your efforts in making the TCBA a fine organization. Together, we can and do make a difference in our community. Remember, the 2016 Holiday Challenge to benefit families in need through Family and Children’s Services is underway! Please send your tax deductible donations payable to TCBF and note “Holiday Challenge” on your payment. Cash donations will be accepted through December 9, 2016 at the TCBA Center located at 1446 S. Boston, Tulsa, OK 74119.

Kudos to TCBA’s Young Lawyer Division (YLD) which has been very active this Fall. YLD Chair Natalie Sears organized two events in October. The first event was a social mixer held on October 11 at Mix Co to honor lawyers who were just admitted to the Oklahoma Bar. Thank you to Judge Kuehn and other TCBA members who helped make that event terrific. Also, YLD had a Tailgate event at TU’s

The Bar Center will be CLOSED for Thanksgiving Thursday, Nov. 25th & Friday, Nov. 26th.

Benefitting families in need through Family and Children’s Services

Donations are tax-deductible

Make checks to TCBF and note “Holiday Challenge” on your payment

Cash donations - accepted through December 9, 2016 at the Bar Center 1446 S. Boston, Tulsa, OK 74119

2016 TCBA Holiday Challenge Tulsa Lawyer 7


“As we express our gratitude, we must neverforget that the highest appreciation is not to utter words, but to live by them.”
 —John F. Kennedy

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Pete Silva, Jr. (USMC)

Pete Silva, Jr., a retired long-time Chief Public Defender of Tulsa County, earned a Purple Heart in the Vietnam War for his brave service in the United States Marine Corp as an infantryman. Now retired from the practice of law, Pete enjoys riding his motorcycles and volunteering his time for worthy causes. (Submitted by Aaron J. Goodman)

Arles Cole, U.S. Navy World War II Veteran Pearl Harbor Survivor Mr. Cole, at the age of 17, was stationed on the USS West Virginia based in Pearl Harbor on December 7, 1941 when the Japanese attacked. He survived the attack and helped in the rescue of his fellow sailors. He went on to later serve on the USS Prichett, a destroyer.

He is a member of the Tulsa Area "Last Man's Club", the group of Pearl Harbor Survivors, which now number only four in the State of Oklahoma. He has served as Past President of the Pearl Harbor Survivors Association and has served on the Oklahoma Honor Flights Committee. He has represented the West Virginia at several Pearl Harbor Anniversary observations through the years and is planning to make a last trip to Pearl Harbor this December 7 in observance of the 75th anniversary of the attack.

(Submitted by Doug Eaton)

Brian R. Huddleston US Navy

November 11, 2016 Tulsa Lawyer 9


Jose's Story

By Jim Hinds

As the chopper landed in the remote Vietnam jungle valley, our company of the 173rd Airborne Brigade was summoned to formation. The officer who arrived that morning confessed that he’d forgotten his paperwork, but that the guy he was looking for had experience with the legal system. The soldier was needed in the Staff Judge Advocate office back at Landing Zone English. Which of us was he looking for, the captain asked. My hand went up along with many others, but the angry officer left without taking anyone.

court reporter. My training consisted of putting a stenographer’s mask on my face, in which I was instructed to repeat everything everyone said in courts martial. I then typed the transcripts. Of necessity, great liberty was taken with the reported testimony. I tried to get the gist of it. One day, one of my former airborne, a M-16 toting, ground pounding, airborne brethren came into the sand-bagged hut where I worked, looking for me. Jose wanted help getting out of the Army. “Don’t we all?” I asked. “Specialist, you don’t understand. My orders have been lost. I have been in country for 14 months. In combat the whole time. I should have been back in the world two months ago.”

The nights in the steamy jungle between then and when I finally was identified were long. On “night hawks” patrols where ambushes were set up, every sound was magnified. As canteens clanked, boots thumped, M-16’s rubbed against cartridge bandoliers, the notion that I should have been on that chopper, heading back to a safer office job, never left me for a moment. After all, I had missed my swearing in ceremony at the Oklahoma By then, I was hearing stories like this Supreme Court because I was here. on a daily basis. Jose did earn my immediate respect because he flattered me with that flattery where someone Finally, a few days later, my first sergeant called thinks you are important and can do something and me into his hut. "Why didn’t you make yourself known? neither thing is true. He was encrusted from head to toe Thanks to you I took a chewing out. And the week it with Vietnam dirt. took to get those papers back could have been the week you got blown up.” “Jose, you need to go over to the Adjutant General’s office and talk to someone in payroll or Over night I left the combat zone to a more finance. They will have your records. “ He was really secure base camp. It was fine with me. But most of upset now. “They won’t talk to me Specialist.” Jose the troops that raised their hands in that first formation said. really did have experience with the law but as criminal suspects. In those days, one could go into the Army, “Go back over there, and have one of them which meant going to Vietnam, rather than serve time call me.” I told him. That night I asked Larry Young, for about anything short of murder. It was also a fast a lawyer friend of mine from Tennessee, if he knew track to automatic citizenship for immigrants who anyone over at finance. He did not. He didn’t think survived the war. Jose’s story was likely true either. At Landing Zone English I became a 10 Tulsa Lawyer


“He probably forgot to deduct the three months ‘bad time’ he spent in Long Bien Jail.” We laughed, drank the free beer and smoked the free cigarettes. I never heard from him again.

him and expressed sadness over the error in his records that caused his injuries months after he should have returned to the U.S. Jose, if you are still out there brother, I have Back in the states the very day I got never listened to a sad or improbable story since then my first job as a lawyer I heard on the national news without thinking of you. that combat veteran Jose Rodriquez, formerly of the 173rd Airborne Brigade, was sworn in as a United States citizen before a federal judge in Ohio. He stood shakily on two prosthetic legs, having lost his real ones to a booby trap in Vietnam. The judge congratulated

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Bobby's Fight

By Jim Hinds

He had never been in a fight in his life. He turned and walked down the old narrow gauge rail road tracks that separated two sides of a jungle that encroached ravenously, jealous of un-vegetated space separating their branches. The fight was like a spontaneous explosion. Specialist Four John Jackson called the girl down the railroad tracks, in the distance, a foul name. Private Bobby Daniels was on Jackson like a cat. It was a cold sober fight that spilled feelings unexpressed with a lot less blood than Bobby sought, because he was pulled off Jackson pretty quickly by three other soldiers.

unspoken understanding in negotiated relationships that the duty to deny an assertion could mean the truth of it, leaving the listener a cloak of mutability and distance. Everyone liked Bobby. He was slight of stature, blond and unnoticeable in a crowd. In talking with him in his time in the unit, he gave the impression of an average life of a farm boy from upstate New York. He helped with the herd of milk cows and all the ceaseless chores that go with them and farm life. His social life had been minimal with no mention of girlfriends, but again he was a quiet person. Drafted straight out of high school, his path was tracked on the usual course. He joined the amalgam of high school drop-outs, accountants, lawyers and college cripples devoid of deferments.

No one had ever seen Bobby lose his temper or raise his voice. He was quiet. After the fight, ribbing Bobby about the girl took on a muted and respectful How did Bobby meet this Vietnamese girl tone, to the extent the GI’s understood such concepts. standing way down the railroad tracks, waiting for Word of the fight got back to the Commanding him always at a respectful distance, wearing her best Officer. He called me in. The C.O. was a lawyer that and possibly only Ao Dai, her jet black hair covered was being rewarded for his ROTC experience with by the conical hat worn by both sexes? How did they an all expenses paid trip to Vietnam. Since I was a communicate? fellow lawyer, although an enlisted man, the C.O. and I On the evening changing of the guard on became friends. We walked the delicate line forbidding fraternization between the officer and enlisted ranks, Bobby’s post, he did not immediately return to his unit, acting one way in private but respectful of appearances if at all. He would go down the tracks to where she in the presence of others. He wanted to know why waited. Muffled comments were exchanged with the Private Bobby Daniels attacked a man the size of a rest of the guys until Jackson crossed the line. There was also a sense of disguised loneliness and envy that football player and renown as a tough guy. settled in the atmosphere of the post comment quietness. The C.O. said, “Look, Pvt. Daniels has to at The opinions speculated she was a school girl who like least get an Article 15 out of this. Would you talk to Bobby was experiencing her first love, to the notion she him? I’ve heard rumors he is spending nights in the was just one of the “girls” from the ville or even Viet ville with this girl.” Cong. She was always off in the distance, silhouetted The C.O. looked at me with that attempt to in the setting sun, waiting for Bobby. read how the last statement set with me. There was the 12 Tulsa Lawyer


Bobby was everyone’s little brother. He had the new and unexpected respect a guy gets when he will fight. No one, especially Jackson, saw that coming. But there was always a tinge of a thing living between jealousy and envy. There seemed a special dispensation though, since it was Bobby, and he had torn in to Jackson with such surprising violence. Bobby called her Julie. Seen from the distance, haloed by the sun, her thin figure was indistinguishable from the thousands of other Vietnamese school girls riding three and even four to a moped. She waited every day. They met and were soon enveloped in a jungle path clear of view. Depending on who had an opinion, she was an innocent, a femme fatal, a daughter of a Viet Cong chief or a girl looking to return to the World with Bobby, her ticket out. I talked to Bobby and told him of the C.O.’s concerns and the reckoning of the non-judicial punishment coming in the form of an Article 15, which would include confinement to the base camp. I also expressed the real concern that he should have about the Viet Cong nabbing him in the ville. Bobby looked

at me with a face that could not be read. Bobby loved Julie with that longing and dreaminess, balancing between ecstasy and pain; that dreaminess that has launched ships and has driven history through time. He walked down the tracks toward Julie, and no one ever saw him again. Investigations in the village revealed nothing. And we never found out who “Julie” really was.

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available at www.tulsabar.com or contact Jody at the Bar Center. 918-584-5243 Ext. 240 jodyg@tulsabar.com

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Parades represent something, don't they? Refocusing the Tulsa Veteran's Day Parade on the Veterans By Michael P. Taubman

Here's your quick history lesson for the day, as consolidated and adapted from the text of a lawyer, a veteran, and a current reservist in a prior publication. Active conflict in World War I, The Great War, ended seven months before the signing Treaty of Versailles when on the eleventh hour of the eleventh day of the eleventh month a ceasefire agreement was signed at Rethondes, France, effecting an armistice between the Allied Powers and Germany.1 Along with Great Britain and France, President Wilson proclaimed November 11, 1919 as Armistice Day,2 stating:

2 British Commonwealth countries now proclaim this Remembrance Day.

the celebration of the Veteran's Day parade in Tulsa met with controversy. In 2015, the Tulsa Veteran's Day Parade organizers became embroiled in a public relations imbroglio when the Oklahoma chapter of the Council on American Islamic Relations (CAIR-Oklahoma) submitted forms to enter a float in the parade. Another group, "Confederate Lives Matter" submitted their intent to send a float with the battle flag of the Army of Northern Virginia6 in prominent display, but their plan was rejected by the parade committee for pushing a political agenda against the intent of the parade. In response to these controversies, a new organization formed this year comprised of several prominent Veteran's organizations to reinstitute the primary focus of the parade on the Veterans. The Greater Tulsa Veterans Organizations Association (or GTVOA) aims to make the 2016 parade, as well as future parades, remain focused on the veterans, without distraction from the political or religious agenda of a parade participant. Steve Porter is a Marine who served 330 days in a free fire zone during 1969 in Vietmam, and he is a life member of both VFW Post 577 and American Legion Post 1, as well as having served in various offices within each supporting organization. Porter said that GTVOA arose from the joint efforts of several veteran support organizations, including the VFW Post 577, American Legion Post 1, American Legion Post 308, and the Royal British Legion chapter in Tulsa. GTVOA came together to avoid the distractions and controversy of prior years and refocus the parade on the service of veterans. As the parade organizer, GTVOA requires that anyone seeking to join in the parade must

https://www.loc.gov/item/today-in-history/november-11.

6 Sometimes referred to as the "Dixie" or "rebel" flag, the battle flag of

3 Ibid.

involved in much controversy in recent years, causing the Dukes of Haz-

"To us in America, the reflections of Armistice Day will be filled with solemn pride in the heroism of those who died in the country’s service and with gratitude for the victory, both because of the thing from which it has freed us and because of the opportunity it has given America to show her sympathy with peace and justice in the councils of the nations‌" 3 The original celebration held parades and public meetings, while businesses shut down at 11:00 a.m. to take part in events commemorating Armistice Day.4 In 1954, the 83rd United States Congress amended previous legislation recognizing Armistice Day, striking out the word "Armistice" and inserting the word "Veterans" to honor American veterans of all wars.5 In recent years, 1 Barnett, J.Travis, Esq., Sgt. 1st Class; "A History of Veterans Day and

the Ties of our Profession" in Tulsa Lawyer, Tulsa Co. Bar. Assoc., November 2012.

from "Today In History - November 11" at the U.S. Library of Congress.

4 Supra at note 1. 5 Ibid.

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the Army of Northern Virginia or 2nd Confederate Navy Jack has been zard to be pulled from its syndicated run on TV Land network. See Miller,

Julie. "The Dukes of Hazzard Pulled Off TV Following Confederate-Flag Contoversy." in Vanity Fair, July 1, 2015. http://www.vanityfair.com/hollywood/2015/07/dukes-of-hazzard-confederate-flag


be an organization directly supporting veterans or advocating for veterans who served honorably in one of the five branches of the U.S. military or the armed forces of Nations allied with the U.S. during combat operations. When asked about some of the 2015 parade controversies, Porter pointed out that veterans like Raja’ee Fatihah, an Army Reservist and identified by the Tulsa World as a Board Member of CAIR-OK, is a member of American Legion Post 1. Porter said that GTVOA wants participants to represent themselves, as veterans in an individual or collective capacity, not as veterans of a political party, social agenda, or religious viewpoint. Porter said that "the only interest veteran's have in the faith and causes people choose is that they're free to make that choice." The GTVOA wants this event to be a family friendly event that focuses young people, and old, on the sacrifices made by veterans across the history of the services. Participants must adhere to public safety requirements, including the Open and Concealed Carry laws regarding weapons. Also, the GTVOA requires that no clothing, displays or decorations contain messages or depictions of sexual innuendo, pro- or anti-abortion, or supporting or reproaching a particular sexual orientation. For example, a period reenactment group must be in the correct uniform of the period, in full compliance with the uniform standard regulations

of the period represented, and they may display the National flag as it was at the beginning of the conflict represented. The National flag must be the United States flag of that period, carried or displayed in accordance with the U.S. Flag Code. There is no automatic qualification, so parade participants must be sponsored by one of the four founding GTVOA members and submit their application in a timely manner. "We've maxed out the use of the space in our staging area and some participants may have to use fewer vehicles" states Porter. GTVOA recognizes that this may impact participation. Porter indicated that Tulsa Public Schools (at the time of this writing in October) were still reviewing the submission forms for their bands and honor guards to participate in the parade. Porter said they expect that participation from traditional veteran supporting organizations, like Disabled American Veterans, Blue Star Mothers, Gold Star Mothers, and the Military Order of the Purple Heart, will continue. Porter stated his hope that "the 2016 parade will be as fine a demonstration of patriotism as has grown to be the tradition here in Tulsa." GTVOA declared the 2016 parade theme to be STRONG THEN, STRONG NOW, HONORING FEMALE VETERANS, and they encourage participants to reflect the theme in their floats and banners.


Section News : Litigation

The Tulsa County Bar Litigation Section enjoyed the presentation of Gary Glanz on Working with Your Private Investigator on Thursday, September 29th, 2016.

Mr. Glanz pr e se n t e d informative information on strategies and tips in hiring and working with a private investigator as to best benefit the client. He also shared information and entertaining stories from his past experiences.

TCBA Litigation Section Meeting Schedule

Mark your calendars and join us! Wednesday - November - December - Wednesday - Thursday Thursday Thursday Wednesday - Thursday Wednesday - August -

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October 26th, 2016 no meeting no meeing January 25th, 2017 February 23rd, 2017 March 30th, 2017 April 27th, 2017 May 24th, 2017 June 29th, 2017 July 26th, 2017 no meeting

Aaron D. Bundy & M. Shane Henry TCBA Litigation Section Co-Chairs


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Take a Moment to

Appreciate Veterans By David Guten

Google tells us that a “Veteran” is defined by Federal law as “any, any, any”…any person, who served in any service branch, during any period of war. After the Vietnam era, Veterans Day celebrations, parades, and speeches dwindled in popularity and the day became, for many, ‘just another day off’. For the longest time, the day was largely ‘just another day off’ for me as well, but that all changed following the attacks of September 11, 2001; it was undoubtedly the singlemost identifiable moment that would redefine the rest of my life and the rest of my career. I can tell you that as a second year law student at the time, becoming a Judge Advocate General (JAG) and a military lawyer wasn’t exactly part of the original plan.

Sam, for a sum of ‘up to and including my own life’, so that I could protect for my family and for yours, the freedoms that we all enjoy. I believe that to my core, as does nearly every other person who has worn the uniform. And I find myself wondering constantly how I should celebrate this day with my family and how I should explain to my children the significance of what Veteran’s Day is about.

It’s been almost 12 years since I was commissioned as a Judge Advocate and a baby First Lieutenant in the United States Air Force. While the time has certainly flown by, it is still one of the proudest achievements of my life. But as days turned to months and then to years, the term “Veteran” began to hold a new meaning for me. Over the length of my career, I’ve had the privilege to serve with some of the finest men and women from all five of the services, in some of the most challenging and demanding of circumstances, and in some of the most dangerous parts of the world. Many of them I consider as close as my own family. Several are still a regular part of my daily life, others I now see only in photographs and in my memories. I returned home from my last deployment to Afghanistan in June of 2015, having been away for over seven months. That time has flown by as well. There are several things I’ve forgotten since then, but are some things that feel as raw as if they happened yesterday.

1. Show Up

But I remind myself that this is exactly what I signed up for- I signed that blank check, payable to Uncle

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So if you're looking for an appropriate way to honor a veteran in your life, or would like to contribute in a way that's meaningful for veterans everywhere, here’s some food for thought:

Attend a Veteran’s Day event -- not just a picnic with friends but an honest-to-goodness parade or service for veterans. Roy Rogers said, "We can't all be heroes; someone has to sit on the curb and clap as they go by. Veterans Day is a great opportunity to do just that.

2. Donate There are literally hundreds of wonderful organizations that offer all kinds of support, services and appreciation for our service members. Find one that touches your heart and give what you can. Whether its time or financial support, the opportunities are limitless and the need is constant. One simple yet effective example (especially if you’re looking to get “little hands” involved) is to create a care package with your kids for a service member overseas. Contact the USO, Blue Star Families or Operation Gratitude to find other ways to help.


Pictured: David Guten, center, standing outside an AC-130 Gunship at Bagram Air Base, Afghanistan 3. Fly the Flag - correctly

5. Say “Thank You.”

Veterans Day is a great opportunity to fly our nation’s Flag. It’s so much more than a piece of cloth with three colors. Just make sure you're observing the proper rules for display. If you don’t know them, there are plenty of resources online, or if you’re lucky, there might be a vet nearby who will gladly point out any mistakes.

It’s a simple gesture, but a deeply meaningful one. If you see a veteran out in public, simply step up and thank that person for his or her service. Shake that person’s hand, look them in the eye and give a sincere “thank you.” Sometimes, that simple gesture can mean more than any ribbon or medal can.

4. Write If you know a veteran, write a simple postcard or e-card that recognizes them on Veteran’s Day. If you don't know a veteran, look up the closest military installation and send one there. Small acts of recognizing someone's service, even anonymously, are appreciated. When my son was in the second grade his entire class took time to send me cards. I still have each and every one of them.

To all of my fellow brother and sisters in uniform, past and present, Happy Veteran’s Day. Thank you all for your service and your sacrifice. Thank you to my friends and family, and to everyone in my office for all your love and support, but most of all, thank you to my wife, Maura, the sacrifices you’ve made in supporting me are greater than I can repay. David A. Guten, Maj. United States Air Force Oklahoma Air National Guard

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24 Tulsa Lawyer


Lawyers Fighting Hunger will once again distribute Thanksgiving Turkeys and bags that will contain over 30 items to those in need. Sponsor Thanksgiving Dinner for a family of four with a donation of $65.00, which includes all the fixings! Tulsa area attorneys and law firms primarily fund the event through donations. The Tulsa County Bar has been a continued supporter of this annual event. We would greatly appreciate each Tulsa County Bar Association member’s consideration in helping to fund and benefit this great cause. All donations are tax deductible and can be made by corporations or individuals. Please make your donation checks payable to Tulsa County Bar Foundation and note, on the memo line, Lawyers Fighting Hunger - send to 1446 S Boston Ave, Tulsa, OK 74119. Donation Deadline – Sunday, November 13, 2016 Interested volunteers should contact Hugh M. Roberts 918-850-0293; hugh@sm-oklaw.com

The Tulsa County Bar Foundation’s Community Outreach Has Partnered with Lawyers Fighting Hunger

Tulsa Lawyer 25


The Coffee Bunker:

Tulsa’s Unique Service to Veterans By Michael Horton, EdD, USAF

employment, and building strong relationships. With respect to peer support for mental health issues, peer support can work in three ways: 1) on the frontline to calm impulses and stimulate rationality;

In the field of military operations, a bunker is a place for respite and rest, and a place to regroup while preparing to reengage. For Tulsa area veterans attempting to reintegrate into civilian life, the Coffee Bunker serves as this place. Transitioning back into civilian life is not without its difficulties. When transition efforts fail, the consequences can be tragic as they were for Tulsa Marine Daniel Ligon in 2009. The Coffee Bunker was founded by Daniel’s mother, Mary Ligon, to ensure a place in Tulsa for veterans and service members to benefit from supportive reintegration. Today’s veterans face many reintegration issues. Some face issues related to food security, housing, and other life essentials. Others face employment challenges. Many face education challenges. Legal issues are common. The most daunting 26 Tulsa Lawyer

challenges for many veterans are related to mental and physical health. The number of troops who suffer from depression, posttraumatic stress disorder, traumatic brain injury, moral/spirit injury, and other disorders is disturbing. These disorders negatively impact their ability to learn, hold jobs, and maintain relationships. The struggle to manage, far too often, leads to suicide. The Coffee Bunker’s frontline of support is its commitment to a vet-to-vet, peer support system. The support, insight, and care that veterans provide for each other is unique. Leadership at the Coffee Bunker knows from experience and research that peer support is highly beneficial, particularly when it is perceived as credible. Veterans are now being trained to support each other for mental health crisis issues, pursuit of college degrees, preparing for

2) to serve as a support for professional treatment between sessions and during times when agencies are not open; and 3) to support post treatment progress.

The Coffee Bunker provides this support by providing a place for veterans to meet and be available to each other, providing easy access as a drop in center, and providing a variety of programs and activities to facilitate connections. More specifically, the Bunker collaborates with other veteran service related organizations for easier access to services. Each week veterans can meet with representatives from the Department of Veterans Affairs, American Legion, BRRX-4Vets, VA Homeless Outreach, Ticket to Work, VA Employment, and VA Peer Support. Scott Blackburn, Coffee Bunker Operations Manager, notes that


facilities include conversation areas, pool tables, a video game area, a computer room, a children’s play room, and Wifi. Throughout the year there are get-togethers for Thanksgiving, Christmas, Easter, Halloween, Memorial Day, July 4th, Veterans Day, and for ball games. A representative from Helping Hospitalized Veterans is at the Bunker each day to facilitate and teach crafting which is a popular program for veterans and their families. On Wednesdays and Fridays lunch is provided by the Community Food Bank of Eastern Oklahoma. “Food security for many veterans is a critical issue,” says Steve Lehto, USN, CFBEO Manager for Rural Hunger and Veterans Outreach and Coffee Bunker board president. The coffee is always plentiful, hot, and refreshing, complements of DoubleShot Coffee Company in Tulsa.

by PayPal and credit card through the web site, www. coffeebunker.org. The Coffee Bunker is a 501(c) (3) organization. Gifts are deductible as charitable donations. The heart of Bunker operations is a committed group of volunteers. New volunteers are welcome. To volunteer, see the volunteer sign-up sheet in the web site or call Angie Patrick at 918-637-3878 The Coffee Bunker, located at 6365 E 41st, is a drop in center for veterans of all eras and their families. All who have served in the military are considered veterans. The Bunker is open Monday-Thursday, 11:00 a.m.10:00 p.m., Friday, 9:30 a.m.-11:00 p.m., Saturday, 11:00 a.m.-11:00 p.m. Tuesdays, 11:00 a.m.-3:00 p.m. is reserved for female veterans.

Executive Director, Dr. Michael Horton, extends The Coffee Bunker functions solely on the generosity a special welcome to all members of the Tulsa Bar of personal donations, grants, company sponsorships, Association to drop by for a visit. and in-kind gifts. Donations can be made by check or

Illustration by Tim Parchman, Army, Viet Nam.


In Memory of Fred K. Slicker Thank you for your service to our country and our legal profession. Dates of Active Service: June, 1965-July, 1972 Branch: US Army Service Branch: JAGC Highest Rank: Captain Frederick K. Slicker passed away Monday, October 3rd, 2016 in Tulsa, OK. Fred was born to James Floyd Slicker and Lucille Geneva Slicker on August 21st, 1943 in Tulsa, OK. His parents preceded him in death. Fred is survived by his wife of more than 48 years, Claudia Slicker; his daughter Laura Slicker Mayes and her husband, Luke, and their two sons, Eli and Max Mayes of Rome, GA; and by his son Dr. Kipp Slicker and his wife, Chris, of Rome, GA. He is also survived by his brother Phil Slicker and family of Baton Rouge, LA; and by his brother Richard Slicker and family of Murfreesboro, TN; and by his uncle Chet Nordling of Bentonville, AK. Fred was a distinguished business lawyer, earning many professional awards, primarily in the areas of ethics and professionalism. He was also a prolific author, who published seven books focused on his spiritual journey. Fred was a long time member of the First United Methodist Church, and he served the church in many capacities throughout his life. He was a loving husband, father, grandfather and brother and will be greatly missed by all. 28 Tulsa Lawyer

Postings: Ft. Sill, OK - Summers, 1965-1968 University of Virginia Basic JAGC School Ft. Lewis, WA: February, 1968-December, 1968 (Served as Defense Counsel; Trial Counsel) Worms, Germany: US Army Theatre Army Support Command (Served as Defense Counsel; Trial Counsel, Chief of Military Justice; Special Court Judge) Metals:

Meritorious Service Award (1972)

Bar Association Professional Recognitions 2010 - TCBA Neil Bogan Professionalism Award 2013 - TCBA Golden Rule Award, 3rd Quarter 2013 - OBA John E. Shipp Award for Ethics A personal thank you...

Fred Slicker was always the first to give his time and talent to contribute to Tulsa Lawyer Magazine. His thought provoking insight on professionalism and life made us stop and think, for just a moment, about the values we hold important. His

willingness and desire to help others was evident. As the person behind the scenes of Tulsa Lawyer I can honestly say I always looked forward to the emails from Fred Slicker with an article attached with new insight. He never failed to say thank you for the simplest of tasks or to offer to do more that was above and beyond. In my 17 years of being associated with the TCBA and Tulsa Lawyer it was an honor to know him. He will be missed. Thank you Fred. Milly Dunlap Tulsa Lawyer Magazine Fred Slicker and TCBA Past President, Ken Willliams, at the 2010 TCBA Annual Luncheon. Fred was presented the Neil Bogan Professionalism Award.


Grapevine News The law firm of Fellers Snider welcomes Jared R. Ford to its transactional practice. Jared joins Fellers Snider after practicing at two leading oil and gas firms in the Southwest where he garnered extensive experience in real estate and business law with an emphasis on oil and gas title examination. Jared graduated from the University of Oklahoma College of Law, where he served as an Articles Editor for the Oklahoma Law Review as well as President of the Volunteer Income Tax Association, was a member of Phi Delta Phi legal fraternity, and was awarded two American Jurisprudence Awards in Mineral Title Examination and Advanced Persuasive Writing. He received a B.A. in Religious Studies from the University of North Carolina at Chapel Hill and, later, went on to receive a M.A. in the same subject from the University of Virginia, while studying under a Presidential Fellowship. Jared will be based out of the Fellers Snider Oklahoma City office, where his practice will focus on corporate, commercial and real estate law. He is licensed to practice in New Mexico and Oklahoma. McAfee & Taft trial and appellate lawyer Michael F. Smith has been appointed editor of the Defense Counsel Journal, the scholarly legal publication of the International Association of Defense Counsel. Taking the viewpoint of the practitioner and litigator in the civil defense and insurance fields, the Defense Counsel Journal focuses on current legal trends and timely challenges that its readers may face in their practice. The publication is frequently and favorably cited by courts and other legal scholarship. Smith’s practice is focused on defending clients in complex litigation, including manufacturers’ products liability, breach of contract, professional malpractice, insurance bad faith, and consumer

protection class actions. He is particularly regarded for his expertise with appellate practice and procedure in the Oklahoma Supreme Court and the U.S. Court of Appeals for the Tenth Circuit.

Four new associate attorneys have joined the Tulsa GableGotwals office. Katherine E. McDonald joins GableGotwals following her time as a law clerk with the United States District Court for the Northern District of Oklahoma and the United States Court of Appeals for the Eighth Circuit. Her primary practice at the law firm will focus on state and federal litigation. McDonald graduated first in her class from the University Of Arkansas School Of Law and earned her bachelor’s degree from American University. Lauren Oldham joins GableGotwals as an Associate Attorney in the firm’s Tulsa office. Oldham’s primary practice will be state and federal litigation. A graduate of the University Of Oklahoma College Of Law, Oldham also earned a Master of Business Administration and her undergraduate degree from the University of Oklahoma. Justin Lollman also joins GableGotwals after serving as a law clerk for the Honorable Gregory K. Frizzell of the U.S. District Court for the Northern District of Oklahoma and the Honorable Kenneth F. Ripple of the U.S. Court of Appeals for the Seventh Circuit. His practice at GableGotwals will focus on state and federal litigation and appellate law. Lollman is a graduate of the University of Virginia School of Law and Oklahoma State University. Samuel P. Clancy joins GableGotwals as an Associate Attorney where his primary focus will be transactional and health care law. Clancy received his Juris Doctor Tulsa Lawyer 29


from the University Of Oklahoma College Of Law in Law. Mr. Wedel concentrates his practice in Business 2016. He received his Bachelor of Arts in Letters from & Corporate Law, Estate Planning, Commercial the University of Oklahoma in 2013. Transactions and Commercial Litigation

Barber & Bartz, P.C. is pleased to announce that Maria A. Luckert has joined the firm as an Associate Attorney. Ms. Luckert is a May 2016 graduate summa cum laude of the University of Tulsa School of Law. During law school, she served in the Boesche Legal Clinic, assisting victims of violence in the U.S. in seeking legal immigration status. She also clerked for United States Magistrate Judge T. Lane Wilson, and Judge Daman Cantrell of the Tulsa County District Court. Ms. Luckert earned her Bachelor of Science in Accounting from Oklahoma State University. Her primary practice will be with the firm’s litigation team.

Rosenstein, Fist & Ringold is pleased to announce N. Roxane Gebhart has joined the firm as an associate attorney. Roxane received a B.S. from Oklahoma State University in Animal Science with an emphasis in Business in 2010. In 2011, she received a certificate in Paralegal Studies from the University of Tulsa. She worked for the firm as a paralegal from 2011 to 2013, before entering law school. Roxane received her J.D., with highest honors, from the University of Tulsa in May 2016. Additionally, Roxane has been an enlisted member of the Oklahoma Air National Guard, 138th Force Support Squadron for ten years and is currently serving as a Technical Sergeant. Roxane aspires to retire from the Air National Guard and has plans to further her military career by becoming a JAG officer with the Air National Guard JAG Corps.

Newton, O’Connor, Turner & Ketchum, P.C. is pleased to announce that Jonathan R. Wedel has joined the firm as an Associate Attorney. Mr. Wedel earned his Juris Doctor from the University of Oklahoma College of 30 Tulsa Lawyer

Quanta Services, Inc. is pleased to announce that Leonard Pataki has joined Quanta Pipeline Services, part of Quanta Services Oil & Gas Group, as Division General Counsel, located in Tulsa, Oklahoma. Immediately prior to joining Quanta Pipeline Services, Pataki was Vice President and General Counsel of Sheehan Pipe Line Construction Company, a major pipeline construction company located in Tulsa. Before assuming that role, he was a partner at the Tulsa office of Doerner, Saunders, Daniel & Anderson, LLP for many years. He has long been active in the Bar , having served as President of the Tulsa County Bar Association, President of the Tulsa County Bar Foundation, and most recently, President of the National Conference of Bar Foundations. Pataki is a 1977 graduate of the Oklahoma City University School of Law, where he was the Managing Editor of the OCU Law Review. He received his undergraduate degree from the University of Pittsburgh in 1975. Quanta Services (NYSE: PWR) is a leading specialized contracting services company, delivering infrastructure solutions for the electric power and oil and gas industries. Quanta's comprehensive services include designing, installing, repairing and maintaining energy infrastructure. Additionally, in certain markets Quanta licenses fiber optic telecommunications infrastructure, offers lit network management services and provides related design, procurement, construction and maintenance services. With operations throughout North America and in certain international markets, Quanta has the manpower, resources and expertise to safely complete projects that are local, regional, national or international in scope. For more information, visit www.quantaservices.com.

Send Grapevine items to tulsabarnews@yahoo.com


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Tulsa County Bar Association 1446 S. Boston Ave. Tulsa, OK 74119

“Freedom is never more than one generation away from extinction. We didn't pass it to our children in the bloodstream. It must be fought for, protected, and handed on for them to do the same, or one day we will spend our sunset years telling our children and our children's children what it was once like in the United ~ Ronald Reagan

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