June, 2020 Vol. 53, No. 6 A Publication of the … · 2020-06-12 · June 2020 Briefcase is a monthly publication of the Oklahoma County Bar Association 119 North Robinson Ave. Oklahoma

PRSRT STDUS POSTAGE

PAIDPERMIT# 59

OKLA CITY OK

June, 2020 Vol. 53, No. 6 A P u b l i c a t i o n o f t h e O K L A H O M A C O U N T Y B A R A S S O C I A T I O N WWW.OKCBAR.ORG

WE FOOLED OURSELVESPage 8

From the President . . . . . . . . . . . . 2Stump Roscoe . . . . . . . . . . . . . . . 3

Bar Observer . . . . . . . . . . . . . . . . 12CAN WE SURVIVE THIS?Page 4

Inside

OCBA Nominations & Election Committee Announces Candidates for 2020-2021

See OCBA CANDIDATES, PAGE 6

McKenney Cooper Grubb

Mazaheri-Franze

Mildren Miller Pierce Sansone Shinn Jr Stallings Sykes

Blau Blue Calvert Coyle Edstrom Gordon Karpe Kelliher

2 BRIEFCASE • June 2020

By Michael W. Brewer

I compose my Oklahoma County Bar Association President’s article for June 2020 during a challenging time in our city, state and country. I am not writing to present the views or scope of views of our members, but rather to offer some thoughts on the need for change. Also, please remember that several

weeks pass between writing and publication of the Briefcase which as we have learned in 2020 can be an eternity of new events. History records many episodes of upheaval, change, and advancement since the founding of this Country. Throughout U.S. history we the people evolve and emerge from turbulent times with better ideas, enhanced self-awareness, greater inclu-siveness, and more social awareness. I want to commend you for your membership and activity in your OCBA. I will take this moment to reflect upon our circumstances and direct you to some thoughts for a new normal that is already here and contin-ues changing each day. I am suggesting that you need an action plan to ready yourself for our new normal.

In a nutshell, the OCBA is committed to the advancement of the legal profession. We recognized long ago that we were bless-ed and fortunate to be a part of the legal profession where we strive to support and uphold the rule of law. We also recognize that there are racial bias, education, socio-economic barriers, and institutional issues within our legal system. The OCBA has a history of involvement with and goal of improvement in these areas. I am proud of diversity efforts that the Bar, volunteer bar organizations and the OCBA have been involved in for several decades. Your OCBA Board is diverse; probably more so than the Bar as a whole. We have directors and officers of multiple ethnicities, genders, and a wide range of ages. The OCBA has promoted and its membership is engaged in advancing access to justice for those who encounter such barriers. I’m extreme-ly proud of membership involvement in after school reading programs, programs like Family Junction/Pivot, fund raising for the Regional Food Bank, clothing drives, representation of children in the juvenile justice system and support for Legal Aid of Oklahoma. Many of our members support and volunteer with organizations such as the ACLU, Trinity Legal, Catholic Charities, Police Athletic League, numerous after school activ-ities and others. I know there are many other volunteer oppor-tunities and activities I’m leaving out, but I could not list them all here.

Many members are actively engaged in City, State and US politics including as elected officials and just as importantly as voters. As citizens who have been educated about our governing laws and Constitution, I have always thought of our members as those best suited for educating others about what those laws, Constitutional rights and prohibitions mean. We were set in 2020 to celebrate the 100-year anniversary of the ratification of the 19th Amendment to the US Constitution at our Law Day Luncheon and throughout the year with the traveling exhibit moving from location to location but it currently remains at the Oklahoma Supreme Court Judicial Center stranded there since the shutdown. The 19th Amendment and its ratification process are significant, and we should continue to celebrate that and to learn from it. Most of our OCBA meetings and plans for cele-bration have been COVID-19 canceled. No one knows what the remainder of 2020 holds for us considering all the circumstanc-es. I will not be making any predictions because reality seems

to have a way of being worse and saying gotcha after the fact. I do not dare make satirical fun of NBA referees since that may be the only “normal” thing we get back soon.

Many of our members have taken and will take their own steps to make their voices heard by means including, among others, volunteering, marching, writing editorials, speaking to organizations, running for political office, and voting. I urge our membership to remember the volunteer OCBA opportunities available when we can safely engage others in public settings. Also, during these difficult economic times we need to remem-ber that most charitable agencies are in desperate financial need. The ranks of unemployed and homeless have swollen to levels not seen in many decades. Please go to the OCBA website and find an opportunity to plug in or make your own opportunity.

The term “justice” has been tossed about by many recently. The OCBA as a volunteer association of licensed and practicing lawyers is a group supporting the rule of law in our system of criminal justice, civil justice, and social justice. Those are sepa-rate and distinct areas of legal practice, but all have the common thread of justice. The famous symbol of justice which appears on and in many of our courthouses is the Lady of Justice. She is dressed differently in different depictions but for the most part has a blindfold, balance, and sword. The Lady of Justice is the allegorical personification of the moral force in judicial systems. For our systems of justice whether criminal, civil or social to function and survive they must be moral, true, and have a component of mercy. Otherwise, people are seeking only revenge which is not justice. It is up to us as members of a sig-nificant and important part of the legal system to work toward achieving those goals of truth, mercy, and morality. Change has always been part of an ever-evolving justice system. Sometimes change comes painfully but it always requires that individuals and organizations work toward creating, enforcing, and govern-ing that change. While I am proud of the OCBA position and our member involvement discussed above, it does not appear to be enough. The new normal seems to require more from us than just coping with situations. During times like these each of us should consider creating individual goals and priorities for the new normal.

This year presents a pivotal year for many of us in careers, family, and life. It is a time for renewal and to rethink your goals and priorities. I have no idea what that looks like for any individual, but I do know that we must be better. I urge you to include in your plan for the new normal support for the rule of law in arenas of social, criminal, and civil justice. Access to justice has deeply rooted racial, economic, educational, and societal barriers and prejudices that require significant effort to affect change and improvement. Your OCBA stands ready to help with change and has an immediate goal of getting our jus-tice directed programs and activities back up and running. The new normal is going to happen with or without your involve-ment. Yes, change can be painful, but the payoff will be one we can celebrate. Better yet, the payoff will be one celebrated by our children, grandchildren and all those who come after us. Since 2020 presents as a historic year, let it be known for change for the better—not just change for good—because good is no longer good enough

Michael W. Brewer is an attorney, founder, and partner of Hiltgen & Brewer, P.C. in Oklahoma City, Oklahoma. To contact Mike, email [email protected], call (405) 605-9000 or tweet him at @attymikeb. For more information, please visit www.hbokc.law.

From the President

Times Are Changing-The 2020 ChapterBRIEFCASE

June 2020Briefcase is a monthly publication of the

Oklahoma County Bar Association 119 North Robinson Ave. Oklahoma City, OK 73102

(405) 236-8421

Briefcase CommitteeJudge Jim Croy, Chris Deason, Ryan Dean, J. Renley Dennis, Ben Grubb, Justin Hiersche, Scott Jones, Matt Kane, Jeff Massey, Joi Miskel, Trais Pickens, Kyle Prince, Miles Pringle, Austin Reams, Cari Remillard, Rex Travis, Judge Allen Welch & Alisa WhiteEditor Benjamin Grubb

Contributing Editors Michael Brewer

Richard Goralewicz

Bill Gorden

Oklahoma County Bar Association

OFFICERS:President Michael W. BrewerPresident-Elect Judge Don AndrewsVice President Shanda McKenneyPast President Judge Sheila StinsonTreasurer Robert D. NelonBar Counsel Coree Stevenson

STAFF:Executive Director Debbie GordenLegal Placement Director Pam BennettMembership Services Connie Resar

Journal Record Publishing Co. Inc.Special Projects Designer

For advertising information,call 278-2830.

Postmaster: Send address changes to OCBA Briefcase, 119 North Robinson Ave., Oklahoma City, Oklahoma 73102.

Journal Record Publishing produces the Briefcase for the Oklahoma County Bar Association, which is solely responsible for its content.

© 2020 Oklahoma County Bar Association

OKLAHOMA COUNTY BAR ASSOCIATION

MISSION STATEMENTVolunteer lawyers and judges dedicated

to serving the judicial system, their profes-sion, and their community in order to foster the highest ideals of the legal profession, to better the quality of life in Oklahoma County, and to promote justice for all.

Quote of the MONTH“Sometimes it does seem that history is not one damn thing after another, it is the same damn thing over and over.”

George Will, Writer and columnist (1941-) (commenting on the use of troops to clear Lafayette Park and comparing that with the use of cavalry to clear an encampment

of WWI veterans demanding veterans’ bonuses in 1920.)

www.okcbar.org • June 2020 • BRIEFCASE 3

STUMP ROSCOEBy

Roscoe X. PoundDear Roscoe: My client is seeking

custody of her son, currently in the guard-ianship of her mother. At the first hearing, she appeared pro se. It turns out that they had been neighbors growing up, and the Judge and my client were good friends through high school. The three of them spent some time catching up on old times before the docket. The case was called, and the Court placed the child with my client subject to a 90-day review. During that 90 days, Grandma had friended the Judge on Facebook. Copies of her Facebook history show that, while they never dis-cussed the case, Grandma liked, shared, and commented as to many of the Judge’s postings. She also posted many of her own messages and articles regarding neglected children and her volunteer work with them At the review hearing, when I entered the case, the Court returned the child to Grandma, provided my client with a set of requirements to recover custody, and set it down for a 6-month review. I sought a rehearing (denied) and moved for recusal. The Judge overruled my motion, stating he was equally friendly to both parties. Am I barking up the wrong tree by wanting to press this? J.B., Newcastle, OK.

Dear J.B.: In my humble opinion, I’d be surprised if you didn’t bark. I’d proba-bly bark and bite. We’re sailing into Court on the Judiciary waters here.

The right to an impartial judge is funda-mental. when the facts of a case reveal a great risk of actual bias, the presumption of impartiality is rebutted, and a due pro-cess violation has been established. Now, I’m not saying that judges should eschew social media. There’s no opinion I know which says they can’t post or comment on Facebook, and many respectable opinions say they can. See, e.g., State v. Thomas, 376 P.3d 184, 198 (N.M. 2016); see also Law Offices of Herssein & Herssein, P.A. v. United Servs. Auto. Ass’n, ___ So. 3d ___, ___, 2018 WL 5994243 at *7 (Fla. Nov. 15, 2018). BUT: they all warn judges to be careful to avoid creating the appearance of impropriety through their use of ESM. See Thomas, 376 P.3d at 198. They reflect the common-sense rationale that “[a] judge may participate in electron-ic social networking, but as with all social relationships and contacts, a judge must . . . avoid any conduct that would under-mine the judge’s independence, integrity, or impartiality, or create an appearance of impropriety.” ABA Formal Op. 462 at 1 (2013). I think your neighbors in New Mexico pretty much got it right in Thomas, supra:

While we make no bright-line ban prohibiting judicial use of social media, we caution that ‘friending,’ online postings, and other activi-ty can easily be misconstrued and create an appearance of impropri-ety. Online comments are public comments, and a connection via an online social network is a visi-ble relationship, regardless of the strength of the personal connection.

Id.I also think that our friends in Wisconsin

also got it right when they ruled: ex parte communications are generally prohibit-ed because they may be initiated—or at least appear to be initiated—in an attempt to influence a judge’s decision. See Jocius v. Jocius, 218 Wis. 2d 103, 109, 580 N.W.2d 708 (Ct. App. 1998). As the Florida Supreme Court aptly stated:

Nothing is more dangerous and destructive of the impartiality of the judiciary than a one-sided commu-nication between a judge and a sin-gle litigant. Even the most vigilant and conscientious of judges may be subtly influenced by such contacts. No matter how pure the intent of the party who engages in such con-tacts, without the benefit of a reply, a judge is placed in the position of possibly receiving inaccurate infor-mation or being unduly swayed by unrebutted remarks about the other side’s case.

Rose v. State, 601 So. 2d 1181, 1183 (Fla. 1992).

Ex parte communications have the potential to erode public confidence and create the appearance of partiality. That erosion of public confidence and appear-ance of impropriety occurred here. In addition to the concerns discussed above, your judge’s acceptance of Grandma ‘s “friend” request placed him in a position to view her Facebook activity on his news-feed. It is undisputed that this activity included “liking” and “sharing” of posts related to child neglect, presumably an issue in the pending case. A reasonable person would perceive the Court’s access to these posts as potentially influencing his decision. Regardless of whether the either viewed these posts or was actually influenced—i.e., whether he was sub-jectively biased—this perception further establishes the existence of objective bias. I think all this eclipses the virtual non-is-sue of “equally friendly.” As to that, see my own Supreme Court of New Jersey’s opinion in In the Matter of John F. Russo, Jr., __ A3d __ (2020).

Dear Roscoe: Watching TV and my son asks me what a character meant by stating that he “copped a plea.” I had no idea (obviously I don’t practice criminal law). I grew up hearing that the “cop” for a policeman came from “constable on patrol”. I don’t get the connection. B.F., Edmond, OK.

Dear B.F: Must’ve been a good show if you couldn’t get away to get your dic-tionary (provided it’s a relatively modern one). It reminds me of one of my several trips to or across Oklahoma. I accompa-nied a friend to a retirement shindig for the late Judge Rakestraw. I already knew the name. Somewhere in my meandering studies of law I learned that she and her husband Bryan were the first married couple to be admitted together to practice before SCOTUS. I believe she was also Oklahoma County’s first female district judge. Anyway, a chorus made up of judge and lawyers, all wearing judicial robes repurposed “Anything You Can Do, I Can Do Better” from the musical “Annie Get Your Gun.” “Copping a plea” was something judges of both genders admit-ted they couldn’t do.

I too grew up believing that “cop” meant “constable on patrol.” I now know that it’s derived from the Dutch and entered the English language in the early 18th Century. Some believe that the Dutch word “kapen,” which also loosely trans-lates to “to steal or take,” is related to policemen being called coppers or cops. Some also believe that the Dutch word “kapen,” which also loosely translates to “to steal or take,” There are similar words in Latin, Dutch and French mean-ing “capture.” Since a significant part of a policeman’s duty is to capture those who steal, it’s a good fit. As far as its use as a synonym for a plea bargain, the defendant “takes” leniency as opposed to the more serious charge or penalty. Keep mind though that a significant number (nowhere close to a majority) see the phrase coming from the Latin “culpa” or “guilt” because that’s what the deal usually involves (cop a plea/culpa plea).

The law enforcement officers – both county and a number of locals – suc-ceeded in getting the chaos manageable. Deputies hustled Sandy and me to the Freeholders’ meeting room about a block away. They stood watch both inside and out. Unfortunately, neither Sandy nor I found their presence particularly com-forting, recent events considered. After a bit Buddy Orenstein of the Secaucus PD arrived. He had commandeered several other Secaucus officers on site to join in the vigil. That dialed my DEFCON level down to yellow.

After about two hours, a deputy sum-moned us to the chambers of Judge Stanley Evans, the Presiding Judge of the Criminal Division. A tall, ex-military gentleman (in every sense of the word) his height, stentorian voice (he called it his Colonel’s Voice) and gimlet gaze allowed him to loom while remaining seated. A long, glass covered conference T-boned his already capacious desk. Around the conference table sat Gina Sciancalepore who currently chaired the Hudson County Board of Chosen Freeloaders holders, Ass’t DA Carl Coleman, the Hudson County Sheriff, and a handcuffed Ernie Trani. Five deputies provided security.

“First thing I want to know, Mr. Trani, is how you got that firearm in the court-house.”

“Found it in the men’s room,

Your Honor. I was looking for a deputy to turn it in, and then things started happening really quick.”

Judge Evans’ eyes said he wasn’t buy-ing it. The sheriff’s eyes said the same, with a personal “I hate you” tacked on. The judge could see that Sandy fought for control, a battle within her of Biblical scale. His solicitousness allowed me a moment to lean over to Ernie and ask:

“Did I hear you correctly, or did you actually call out ‘Expecto Patronum’ as you fired?”

He shrugged. “Tell me when you think I’d have a better chance to use that line.”

Stump Roscoe

TEENA HICKS COMPANYOKLAHOMA TOWER 210 PARK AVENUE, SUITE 220

OKLAHOMA CITY, OK 73102 (405) 235-4800

TIMELESS DESIGNS AND

ALL-DAY COMFORT FROM

OUR ALDEN CASUALS

www.okcbar.org • DECEMBER 2019 • BRIEFCASE 3

STUMP ROSCOEBy

Roscoe X. Pound

Stump Roscoe

Save The Date!OCBA/YLD CHILI COOK-OFF & SILENT AUCTION

FEBRUARY 28, 6 – 8:30 P.M.

LOCATION TO BE ANNOUNCED

Dear Roscoe: Has anyone ever really been runover by a reindeer at Christmas time? Would Santa be liable? E.D., OKC

Dear E.D.: Dippin’ into the Christmas cheer a little early this year, aren’t you? Let’s assume the right jolly old elf is, in fact, amenable to suit here in the U.S. To my knowledge, he is not a head of state. As far as I know, the North Pole is run by a council consisting of folks named Mayor Daisby, Merry, and Bright. Of course, as a global ambassador of goodwill, he may be able to claim diplomatic immunity. Also, collection might be problematic in that we all know Santa usually operates in the red. I could go on like this for another page or so, but I end up on Debbie Gorden’s Naughty List (she actually refers to the list by another name but I won’t go down that path this close to Christmas) if I overrun my word count.

No, E.D., there have been no lawsuits filed against Santa for any reason, including getting run over by a reindeer. Perhaps I should qualify that with “yet.” With the ever-growing litigiousness of our society, coupled with a definite shortage of jobs for law grads, I would never rule it out.

However, the closest case I could find to your question was Wal-Mart Stores Inc. v. Johnson, 39 S.W.3d 729 (Tex. App. 2001). Seems Mr. Johnson claims injury from several reindeer swooping down on him from a top shelf as a result of a Wal-Mart employee’s stocking a shelf on the next aisle. The primary fact at issue stemmed from whether the reindeers in question were made of wood or papier Mache. The latter would not have caused the degree of injury the plaintiff claimed. In the time between injury and trial, Wal-Mart sold the offending critters. Wal-Mart could not produce any of the reindeer because they had all been sold or, if broken, thrown away. Only the photograph of the reindeer was introduced in evidence, but its quality was too poor to substantiate or rebut either party’s description. The trial court granted plaintiffs’ request for a spoliation instruction. The jury warded the Johnsons $76,000.00. An intermediate appellate court affirmed. Texas Supreme Court reversed, holding “the evidence is undisputed that neither Wal-Mart nor Johnson knew on the day of the accident that his injury might be serious or that Johnson might pursue legal action. Even after Johnson learned that he had injured his neck, nothing in the record suggests that

he informed Wal-Mart of his claim prior to filing suit or that Wal-Mart learned of his claim in any other way.” Wal-Mart Stores, Inc. v. Johnson, 106 S.W.3d 718, 733 (Tex. 2003). Therefore, reasoned the high court, in disposing of the reindeer in question in the ordinary course of business, Wal-Mart did neither violates a legal duty nor acted intentionally to conceal or dispose of evidence months before the plaintiffs first advised them of their intent to file a suit.

Dear Roscoe: A colleague at my firm who practices in the IP area told me that “Merry Christmas” was a registered trademark. I said “prove it”. He said “ask Roscoe,” so I’m asking. J.G., OKC,

Dear J.G.: I’d say that’s a tall order. Not to worry though. Several years ago, an IP firm reported on its Blog:

“MERRY CHRISTMAS for “Fruit wine; grape wine; natural sparkling wines; sparkling fruit wine; sparkling grape wine; sparkling wines; sweet wines; white wine; wine; wines; wines and sparkling wines,” Registration No. 4,077,131.

MERRY CHRISTMAS and Design for “Christmas tree ornaments and decorations,” Registration No. 1,790,526.

MERRY CHRISTMAS for “Cigar and cigarette boxes; cigar and cigarette boxes not of precious metal; cigar bands; cigar boxes; cigar boxes not of precious metal; cigar tubes; cigars,” Registration No. 3,561,707.

MERRY CHRISTMAS and Design for “Bibs not of cloth or paper; caps; children’s and infants’ cloth bibs; children’s cloth eating bibs; clothing, namely, khakis; clothing, namely, wrap-arounds; hoods; infant and toddler one piece clothing; jerseys; shifts; short sets; shoulder wraps; swaddling clothes; ties; tops; wearable garments and clothing, namely, shirts; wraps,” Registration No. 3,737,733.

Can I Use MERRY CHRISTMAS?

Does this mean I can’t use “Merry Christmas” on my sweaters? No. It does not. Although the above owners were able to acquire the federal registrations, nothing limits you from using the term on your goods to wish someone a happy holiday.

You can use the term because the public associates the phrase with a common sentiment during Christmas, not an

individual business.”

Hope you all have a great Holiday Season and may the New Year bring you good fortune in all the Fa-La-La-La-Lawsuits you undertake.

The Kearny trial ended in a less than satisfying manner. Given we’re in the Season to Be Jolly I’ll save the gory details for next issue because they were, in fact, rather gory.

Here at Roscoe’s, Christmas proceeded in full swing. As usual, Rae took charge. Decked out in her yule tide finery – a sweater festooned with bats and skulls with the legend “Hail Santa” at center and a black Santa hat. She looked like Mrs. Santa as she decorated the tree with black and silver balls and Jack Skellington-themed ornaments. Well, more accurately, she looked like Ms. Santa assuming Santa married Morticia Adams.

Junior’s girlfriend Sylvia looked more like Galadriel. She too participated in the trimming. She wore a satiny white gown with a gold obi and a white hooded cloak. You could really tell the areas each of the girl’s trimmed. Come to think of it, it sort of reminded me of Central Oklahoma where rolling green woodlands gave way to flatter prairie. I think if I ever had little creatures whispering good or evil thoughts like in cartoons, they’d probably look a lot like Rae and Sylvia right now.

Sandy Kearny celebrated with us. Of course, celebrating in her case consisted mostly of putting on a brave face, smiling and radiating a superficial warmth. We all knew the pain she must feel inside having gone through the loss of Katie, the trial, her near murder, and now the first Christmas without that great kid. Penny and Aubrie provided some insulation against well-

wishers who might unintentionally drive her over the brink. We also knew that even the brightest of Christmases could not totally eclipse her sorrow. We had all met and discussed ways to subtly ensure she would not spend an excess of time alone.

In closing I wish all the Oklahoma County Bar Association and their loved ones hearty cheer this Christmas, and that the New Year usher in amazing blessings including, by way of example and not by way of limitation: love, joy, peace, prosperity, elation, success, good health, laughter, and friendship. Catch ya next year.

TEENA HICKS COMPANYOKLAHOMA TOWER 210 PARK AVENUE, SUITE 220

OKLAHOMA CITY, OK 73102 (405) 235-4800

TIMELESS DESIGNS AND

ALL-DAY COMFORT FROM

OUR ALDEN CASUALS

Oklahoma’s Top-RatedLawyers Since 1995

Johnson & Bisconew w w. o k l a l e g a l . c o m

Martindale-Hubbell®

Personal InjuryWorkers’ Compensation

Social Security Disability

1-800-426-4563405-232-6490

The Hightower Building105 N. Hudson, Suite 100Oklahoma City, OK 73102


Can We Survive This?By Rex Travis

I lead a pretty peaceful life. But last week, not so much so. The other eve-ning, I was on my way home from work downtown and stopping at Lido, the Vietnamese-French restaurant at N.W. 23rd and Classen. As I approached that intersection from the south, I saw, at about 20th street, probably 15 or 20 police cars. I was puzzled until I got to 23rd and Classen. There I was stopped by a large group of protesters shouting and carrying signs.

I was in my little sports car with the top down and surrounded by demonstrators. One of them, an attractive young woman was just to the right and slightly ahead of my car. She suddenly turned toward my car and began to shout obscenities, appar-ently at me! Others in her group began to move past my car and I soon realized it was some redneck, in a pickup truck to my left—and not I—who was the object of all the yelling. The redneck was yelling obscenities at the demonstrators and they were yelling at him and moving around my car to confer more closely with the redneck. As soon as the light changed and the demonstrators got out from in front of my car, I got out of there, picked up my takeout from the restaurant, and headed for home.

As I drove home, somewhat shaken, I thought, here we are in the middle of a global pandemic, the likes of which we have not seen in our lifetimes. Now we also have civil unrest of a sort we have not seen since the aftermath of the kill-ing of Dr. Martin Luther King, in 1968. Unemployment is (as this is written) as high as it was at the height of the great depression.

I got home and got a dose of the talking heads on TV, speculating on whether we can recover from the mess we are in. It was as if they were saying “We’ve never seen times like this!”

Well, let’s think about that. If we go back a generation or two (for most of us) we find that, beginning in 1929, we entered the Great Depression with unemployment at what was then an all-time high. The stock market was devastated. Once more, there was civil unrest. And that bad time lasted a long time.

The unemployment rate rose from 3.2% in 1929 to 24.9% in 1933, By December of 1941, unemployment was still at 14.6%. (During this economic crisis, the rate hit 14.7.) Then, on December 7, 1941, the United States was dragged into a giant world war with the attack on Pearl Harbor. In 1940, we had 269,023 men in the army and 160,997 in the navy. Surely, that was going to be the end for us all!

But what actually happened was that we grew that military until, by the end of WWII, in 1945, we had 12 million men under arms. From that awful beginning, we lead the forces of the free world to a brilliant victory!

And, something else happened: of the 16 million who served in the military in WWII, 7.8 million took advantage of the WWII GI bill and got an education, either college or technical school. We ended up with the most educated generation ever and moved on to become an economic behemoth leading the world economically.

To go back just a little further, the United States got into World War I and, while trying to put together an army to fight that war had a pandemic not unlike what we have now. After dealing with a pandemic and a war, we came out of it and into a depression in 1920. It was a short depression (1920 to 1921) but a vicious

one. Unemployment peaked in 1921 at 11.7%. And, race relations could hardly have been worse. Black Americans served in combat with distinction in France and expected to be respected for it. They weren’t. The result was race riots, includ-ing the massacre and burning of much of the segregated black part of Tulsa in 1921. A hundred and twenty-nine black people were lynched in the United States in 1919 and 1920. But the economy recovered and we had a prosperous period from 1922 through the stock market crash in 1929.

Even before that, the low point for the United States had to be the Civil War, from 1861 to 1865. During that period the two sides together lost 750,000 men killed, slightly more from the North than the South (because the North had more troops). When we consider how divided we perceive the country now, we need to remember that, in the Civil War and for many years afterward, the northern and southern parts of the country hated one another in a way we cannot match today. We came out of that war (as we come out of most wars) deeply in debt. Yet, after all that, while we came out of the Civil War with a racial problem which endures to this day, we entered into a time of mostly prosperity which endured to this day!

If we go back even further, we find that often times of great distress to societies result in surprisingly good outcomes. Our European ancestors lived from the 800’s through the 1400’s under a feudal system. The basis of the feudal system was that all land was owned by the king. The early English cases held that “All lands are hold-en of the King.”

The theory was that God gave the land to the King, who had the right to do with His lands whatever he wanted. What he did was appoint Lords to serve him militarily and, in return, gave them land from which they could derive income. The way they derived income was to have other people farm the land and pay a percentage to the Lord. The people who farmed the land were called peasants in Western Europe and serfs in Russia and Eastern Europe. Under the feudal system, if one Lord transferred property to another Lord, the peasants or serfs were likewise transferred. He could sell or otherwise transfer the land and the people.

And then came plague. Between 1346 and 1353, between a third and a half of the people died of plague in Eurasia and North Africa. Some countries were harder hit, losing up to 80% of their populations! With the severe depopulation, the demand for labor far outstripped the supply. The survivors left the service of the Lord, went to the cities and got jobs which paid bet-ter than the subsistence living they made working the land for the Lord and King. They learned trades and became skilled tradesmen instead of peasants. The medi-eval world survived the plague and came out of it stronger.

So we will survive this. Fierce efforts are going on to produce drugs to treat COVID-19 and vaccines to prevent it. We now have a drug, Remdesivir, which has shown great promise in early trials in treating the virus. That drug is now being produced in great quantities to treat the surge in the number of cases feared, par-ticularly after the excessive violation of social separation we now see. Even before the testing has been completed of vaccines for the virus, at least three companies are producing large quantities of different vac-cines so that they will be available to large numbers of people the world over as soon as testing is complete.

We will reach the much-desired “herd immunity” through a combination of effec-tive vaccinations and people surviving and developing antibodies which give them immunity. It will be tough for us to get through until then, but we will get through.

And, more than 150 years after we ended slavery in the United States, we will finally overcome our baked-in racism which still impairs us from living in a col-or-blind society. Older people have more trouble accepting this and they are passing on. The younger generations, who will soon be a majority have much less trouble accepting that we are all one people.

There is cause for great hope. This too shall pass. And we will survive this!

Photo via Wikimedia Commons

We Need Your HelpIn this crazy pandemic world, we need

your help. Other than this wonderful Briefcase that you are reading, we have very limited ways of reaching you. Lately, there have been Administrative Orders from the Supreme Court and District Court that we have tried to share with you. HOWEVER, many of the email addresses

we have are incorrect and we need your help in getting your email address correct in our database in order to share these important things with you. So, if you haven’t gotten an email from the OCBA in a while, please give us a call to confirm that we have the correct address! Thanks so much!


1,500.00

**** **** **** 4242

Amount

Card Number

NEW CASEReference

Trust PaymentIOLTA Deposit

$Powerful TechnologyDeveloped specifically for the legal industryto ensure comprehensive security and trustaccount compliance

Powering Law FirmsPlugs into law firms’ existing workflows to drivecash flow, reduce collections, and make it easyfor clients to pay

Powering IntegrationsThe payment technology behind the legalindustry’s most popular practicemanagement tools

Powered by an Unrivaled Track Record 15 years of experience and the only paymenttechnology vetted and approved by 110+ state,local, and specialty bars as well as the ABA

The easiest way to acceptcredit card and eCheckpayments online.

ACCEPT MORE PAYMENTS WITH LAWPAY

866-276-9492lawpay.com/okcbar

POWERING PAYMENTSFOR THE

LEGAL INDUSTRY


OCBA Nominations & Election Committee Announces Candidates for 2020-2021

President-Elect Judge Don Andrews, serving as Chair of this year’s Nominations & Election Committee, has announced the slate of candidates approved by the Board of Directors.

Ballots will be mailed the first week in July and should be returned no later than July 31, 2020. Election results will be announced in August and elected officials will take office September 1, 2020. The candidates and their qualifications are list-ed here:

PRESIDENT-ELECTShanda McKenney, Angela D.

Ailles & Associates. J.D. – Oklahoma City University 2002. OCBA activi-ties include: YLD, Chair 2005-2006; Board of Directors, 2017 – present; The Briefcase Editor 2017-2019; Pro Bono Award 2005; Annual Dinner Dance ad hoc Committee 2018; Delegate to OBA House of Delegates.

VICE PRESIDENTCody J. Cooper, Phillips Murrah PC.

J.D. – University of Oklahoma 2012. OCBA activities include: Young Lawyers Division, Chair 2017-2018; OCBA Board of Directors, 2019 – present; OCBA Awards Committee. OBA activi-ties include: Intellectual Property Section Member; OBA Technology Committee, past member. ABA activities include: Intellectual Property Section. Other Legal/Community activities include: OADC member; Luther Bohanon Inn of Court; Federal Bar Association member; FBA mentor; CASA of Oklahoma County Board of Directors; DRI member.

LAW LIBRARY TRUSTEEBenjamin R. Grubb, DeWitt Paruolo

Meek PLLL. J.D. – Oklahoma City University 2013. OCBA activities include: Young Lawyers Division, Chair 2018-2019; The Briefcase Editor 2019 – present. ABA activities include: Member. Other Legal/Community activities include: OBF Fellow; William J. Holloway Jr. American Inn of Court.

BOARD OF DIRECTORSEd Blau, Blau Law Firm PLLC. J.D.

– University of Oklahoma 2005. OCBA activities include: Delegate to OBA House of Delegates; Fee Grievance & Ethics Committee; Community Service Committee; Table sponsor for most lun-cheons & dinners; Golf Tournament spon-sor. OBA activities include: Lawyers for Heroes Volunteer; Lawyers Helping

Lawyers; Law Day Ask A Lawyer; Legislative Monitoring Committee Speaker. Other Legal/Community activities include: Oklahoma County Criminal Defense Lawyers Association member; Indigent Defense Panel Member for Western District of Oklahoma.

Matt Blue, Coleman Law Office. J.D. --- Oklahoma City University 2003. OCBA activities include: Young Lawyers Division Board Member; Law Library Trustee 2014-2016. ABA activ-ities include: Member. Other Legal/Community activities include: Hope Retreat Ranch Board Member; YWCA Investment Committee Member.

Connie L. Calvert, Law Offices of Connie Calvert & Gregg W. Luther PLLC. J.D. – Oklahoma City University 2016. OCBA activities include: Member; Winter Seminar in Santa Fe. OBA activ-ities include: Member. Other Legal/Community activities include: 20-year banking career prior to law school; Society for Human Resource Management, Senior Certified Professional; Oklahoma Judicial Nominating Commission 2009-2010; Parent Promise Board Member 2017-2019; Oklahoma American Heart Association, Board Member/Chairwoman 2002-2008, Co-Chair OKC 2005 Heart Ball.

Judge Heather E. Coyle, Oklahoma County District Court. J.D. – Oklahoma University 1999. OCBA activities include: Member; Oklahoma County Law Library Board of Trustees. OBA activ-ities include: Member. Other Legal/Community activities include: William J. Holloway American Inn of Court, Member/Treasurer; Department of Mental Health & Substance Abuse Services Specialty Court Conference Speaker; Keynote Speaker Female Diversion/HERS program graduations; Remerge Program Committee; PACT Advisory Board; Rotary Club 29 Member; Junior League of OKC Sustainer; Harn Homestead Board of Directors.

Michelle L. Edstrom, Law Office of Michelle L. Edstrom. J.D. – Oklahoma City University 2009. OCBA activities include: Family Law Section, Member & Past Member of Executive Committee. OBA activities include: Immigration Law Section; Family Law Section; Criminal Law Section. Other Legal/Community activities include: Ruth Bader Ginsburg Inn of Court; Downtown Oklahoma City Exchange Club, Current District Board Member, Past District President for MidAmerica District, Club President, Club Secretary; American Immigration Lawyers Association, Current Advocacy Captain for Oklahoma; Past National Distance

Learning Committee, OKC ICE Liaison; Oklahoma County Criminal Defense Lawyers Association; Parent Promise Center Board Member.

Randy D. Gordon, Hall & Ludlum PLLC. J.D. – University of Oklahoma 2015. OCBA activities include: Young Lawyers Division, Board Secretary.

Reign Karpe, Angela D. Ailles & Associates. J.D. – Oklahoma City University 1998. OCBA activities include: Community Service Committee; Bench & Bar Committee. OBA activities include: Women in Law Committee, Co-Chair 2016; Legislative Monitoring Committee. ABA activities include: TIPS Auto Litigation Committee, Vice Chair, Member of Staff Counsel Committee, 2020 NAAC Regional Competition Judge. Other Legal/Community activities include: Suited for Success, 2020 Board Chair; Oklahoma Association of Defense Counsel, Board Member/Legislative Committee Member; U.S. Supreme Court Bar.

Chad Kelliher, Fulmer Sill. J.D. – Oklahoma City University 2011. OCBA activities include: Briefcase Committee. OBA activities include: Professionalism Committee. Other Legal/Community activities include: William J. Holloway Inn of Court.

Katherine Mazaheri-Franze, Mazaheri Law Firm. J.D. – Oklahoma City University 2007. OCBA activities include: 2020 Winter Seminar Attendee; OBA House of Delegates. OBA activities include: Labor & Employment Update. Other Legal/Community activities include: OCU Alumni Association Board, Mentorship Committee; YWCA of Oklahoma City, Board of Trustees, Woman Who Care Share; Purple Sash Gala, Governance Committee; National Employment Lawyers Association; Oklahoma Employment Lawyers Association; Online public service seminars: Employment Law Q & A, Employment Guidance during the Coronavirus Pandemic; Employment Law Q & A: Back to Work Edition; Dinner with Love Volunteer.

Drew Mildren, CompSource Mutual Insurance Company, General Counsel. J.D. – University of Oklahoma 2006. OCBA activities include: Young Lawyers Division Board of Directors, Chair 2013-2014. OBA activities include: Oklahoma Bar Foundation Board of Trustees.

Brad Miller, Miller & Johnson PLLC.

J.D. – University of Oklahoma 1985. OCBA activities include: Member; Participant in Striking Out Hunger Chili Cook-Off & Silent Auction; Thundergame activities; Legal Placement Service. OBA activities include: Past CLE Presenter. Other Legal/Community activities include: Oklahoma and Oklahoma County Claims Association Presenter; National Association of Mutual Insurance Companies; William J. Holloway Inn of Court; Victim Impact Board of Directors.

Amy J. Pierce, Hampton Barghols Pierce PLLC. J.D. – Oklahoma City University 1999. OCBA activities include: Fee Grievance & Ethics Committee, Chair 2021; Community Service Committee; OBA House of Delegates. OBA activities include: Appellate Section; Employment Law Section; Alternative Dispute Resolution Section. ABA activities include: Litigation Section; Labor and Employment Section; Native American Law Section. Other Legal/Community activities include: Laundry Love; Oklahoma Lawyers for Children; Santa’s Cause Volunteer.

Jason A. Sansone, Sansone Howell PLLC. J.D. – Southern Methodist University 2011. OCBA activities include: Bankruptcy Section, Chair 2019-2020. Other Legal/Community activities include: Robert J. Turner American Inn of Court; Rotary Paul Harris Fellow; Del City Chamber of Commerce; Former candidate for Oklahoma House of Representatives.

Ronald T. Shinn Jr., McAfee & Taft. J.D. – University of Oklahoma 2002. OCBA activities include: Bench & Bar Committee, Vice Chair 2019-2021; Briefcase Committee.

Judge Susan C. Stallings, Oklahoma County District Court. J.D. – University of Oklahoma 1991. OCBA activi-ties include: Member. Other Legal/Community activities include: Luther Bohanon Inns of Court; Palomar Family Justice Center, Domestic Review docket monthly to increase offender accountabili-ty and help safeguard families.

Kendall Sykes, Cathy Christensen & Associates. J.D. – Oklahoma City University 2007. OCBA activities include: Briefcase Committee; Briefcase Committee Award 2019. OBA activ-ities include: Leadership Academy 2018. Other Legal/Community activ-ities include: Oklahoma Guardian ad litem Institute, Board Member; Legal Aid Services of Oklahoma Volunteer.

OCBA,CANIDATES continued from page 1

DUE TO THE SAFETY OF OUR MEMBERS DURING THIS CORONAVIRUS PANDEMIC, NO EVENTS ARE SCHEDULED.


OCBA COMMITTEES/SECTIONS/DIVISION2020-2021

Awards Committee -- This committee is responsible for OCBA Award nomina-tions, the OBA Award nominations and the Leadership in Law Awards.

Chair – Michael W. Brewer

Bench & Bar Committee -- Working to improve relations between the bench and the bar, this committee has two major proj-ects. During election years, judicial can-didate opinion polls are taken with results being released to the public in an effort to provide public information. This com-mittee is also responsible for the bi-yearly Bench & Bar Conference.

Chair – Daniel CouchVice Chair – Ronald Shinn

Briefcase Committee -- This committee is responsible for the monthly publication Briefcase. They recruit articles, write arti-cles, edit and proof each month.

Chair & Editor – Benjamin Grubb

Continuing Legal Education Committee -- Responsible for providing quality CLE programs to OCBA members at discounted prices, this committee plans sessions each year through the months of October through February.

Co-Chairs – Jeffery Curran & Daniel Webster

Community Services Committee -- This committee plans community services proj-ects such as assisting the local youth shelter. This committee works with the Juvenile Justice Center in providing incentives for their teens on probation as well as providing parties for nursing home residents.

Chair – Monica Ybarra

Fee Grievance & Ethics Committee -- Comprised of lawyer and non-lawyer members, this committee investigates com-plaints of clients against attorneys who are OCBA members. They are deputized through the OBA to investigate and recom-mend disposition of such cases.

Chair –LeAnne BurnettVice Chair – Amy Pierce

Law Day Committee -- This committee is responsible for all Law Day activities which include the Law Day Luncheon, Ask A Lawyer Program, student mentoring pro-gram and civic group speakers.

Chair- Kellie Howell

Lawyers Against Domestic Abuse –

This committee works to raise awareness of domestic abuse. Working with the YWCA and Attorney General’s Office, the commit-tee provides training of attorneys & judges in dealing with domestic abuse situations and provides resources online and on the 1st floor of the Oklahoma County Courthouse for victims. They also work to provide victim advocates and a Bench Book on Domestic Violence Cases for Oklahoma County judges.

Chair – Nicole M. GillettVice Chair – Anden Bull

Lawyers for Learning – This committee is involved as Reading Buddies in the OKC Public School’s Community Involvement initiative working with Adams, Buchanan, Lee and Hillcrest Elementary Schools. The Lawyers in the Classroom and Voices for Children are also included under this committee.

Chair – Virginia Holleman

Bankruptcy Section -- This sec-tion meets 10 months a year at the U.S. Bankruptcy Court to discuss current issues in the bankruptcy area. There is a member-ship fee of $120 which provides for lunch at these meetings.

Chair – Jason Sansone

Corporate Counsel Section – This sec-tion involves in-house corporate attorneys and offers a chance for them to network with each other in a social setting. They also provide special CLE pertaining to Corporate Counsel.

Co-Chairs – Jami Fenner & Coree Stevenson

Family Law Section -- This section works with the judges of the Family Law Division in providing up-to-date informa-tion to those attorneys practicing in the family law area.

Co-Chairs – Christina Gelona Hendrickson & Rachel Morris

Young Lawyers Division -- This hard-working group of young lawyers takes on many projects each year. Some of these projects include the Harvest Food Drive, Striking Out Hunger Bowling Tournament in the summer and Chili Cook-off in the winter. The Community Service Subcommittee plans 3 community service projects each year.

Chair – Amber MartinVice Chair – Cami Ruff


By: Miles Pringle

We fooled ourselves. We believed the hype. We passed the Civil Rights Act and trusted that a new day had dawned. We made Martin Luther King Jr.’s birthday a federal holiday and pawtted ourselves on the back. We elected a black President and knew that racism was relegated to our past.

We ignored the fact that black Americans are twice as likely to live in poverty than white Americans, and that Native Americans have a poverty rate of 25%. We were indif-ferent to the fact that black students and other minorities often only have access to schools with less qualified, lower salaried and novice teachers. We didn’t even con-sider how or why homeownership for black college graduates is lower than white high school dropouts.

We did know about the police violence. We watched the beating of Rodney King. We then watched person after person unnecessarily killed. Eric Garner, Michael Brown, Laquan McDonald, Breonna Taylor, Botham Jean, numerous others and now George Floyd. While we need police officers, we cannot escape the fact that black people are three times more likely to be killed by police than white people. There were only 27 days in 2019 in which no one was killed by a law a police officer in the United States.

Our political leaders, by and large, have not prioritized addressing the systemic issues oppressing persons of color. The unfortunate truth underpinning this inac-

tion is that the path to power does not require addressing them because there are far more white voters. In 2016, for example, all non-white minority voters accounted for 26.7% of the electorate. Thus, if white people are not moved to demand change, our political leaders need not be concerned. That is why it is not only hopeful, but necessary, to see every-one protesting.

Have we made progress on racial issues? Of course. But we did not get here over-night. It is believed that the first African slaves arrived in what would become the United States in 1619 – after being kid-napped from their villages and approximate-ly half dying on the journey over. In 1863, more than 200 years later, the Emancipation Proclamation was issued and in 1870 the Fifteenth Amendment ended slavery in form,

if not in substance. The work continued in combating Jim Crow laws by passing the Civil Rights Act of 1964 and other reforms. In order to provide more opportunities we implemented affirmative action programs and hoped that was enough.

It was not just politicians who believed equality, or enough equality, had been achieved. In 2013, the U.S. Supreme Court effectively struck down the heart of the Voting Rights Act of 1965. Several states were then enabled to change their election laws without advance federal approval. There was no political pres-sure for the Court to reach this decision. In 2006 Congress reauthorized the law with a 390 to 33 vote in the House and unanimously in the Senate. Nevertheless, in Shelby Cty., Ala. v. Holder, the Court reasoned that “[n]early 50 years later, things have changed dramatically. Largely because of the Voting Rights Act, voter turnout and registration rates in covered jurisdictions now approach parity... And minority candidates hold office at unprec-edented levels.” 570 U.S. 529, 531, 133 S. Ct. 2612, 2616, 186 L. Ed. 2d 651 (2013) (internal quotations omitted). Since this opinion we have seen the prevalence of voter ID laws and extreme partisan redis-tricting rise to the forefront.

Progress is not achieved when good people do nothing. White indifference is a weed that must continually be hoed for our national garden to flourish. Will you change or be the change to help cultivate our society?

Oklahoma County estate-planning attorney Kelley’s

wife dies

LOCKED IN

Locked in my houseWhat shall I do?Paint a pictureThere is no one here but me

Think quietlyI’ll fall asleepWake upTo what

ScreamWho will hear?Make your bedNo one cares

Then there is laundryMust you be so cleanFood to cookAll from a book

Sit and eatWith only me to serveDishes to doMakes me blue

Walk the streetExercise is goodPick some flowersYou must not pass them by

Wash the windows you sayWhy? Not their dayCall my friendsI cannot see

Unless ZoomportraysHappy facesIn shorts and tennis shoes

Television to watchThere is so much else to doWrite a letterThere is USPS to support

Clean the houseDust, dust, dustWash the carAnd change the oil too

Till the gardenNo one will seeWrite this poemSilly as can be

And on and onI could go . . .If this you seeYou could set me free.

Herb Graves ©

Oklahoma County Sheriff’s Office is Moving

Sad news to report. Gerald “Jerry” Kelley, a well-known and respected estate-planning attorney in Oklahoma County, lost his beloved wife very recently. Funeral services are pending and will be family only, due to the COVID-19 concerns. A celebration of life event will be planned at a later date.

Watching Jerry and his wife together was always a pleasure. She would often accompany Jerry to my office to set hearings, and you could tell their affection for each other was strong. There is a line from a famous Garth Brooks song that I often think of when remembering to tell the people I care about my feelings:

“So tell that someone that you love Just what you’re thinking of If tomorrow never comes”Jerry Kelley lived that philosophy

with his bride. Those of you who know Jerry know he is excellent at the prac-tice of law. He is also pretty dad-gum good at the practice of being a human being.

Richard W. KirbyAssociate District JudgeOklahoma County Courthouse

We Fooled Ourselves

This means that the Proximity Cards will be made at their new offices, Krowse Building, 2101 Northeast 36th Street, beginning June 18. If you are just renewing your proximity card,

there is no need for action. If you are applying to get a card, it will be necessary to go to their new location to have the card made. Give us a call at 236-8421 if you have any questions.

Oklahoma City(405) 947-5676 • www.warrenproducts.com

Locally owned and operated since 1983

8. Certi�ied Commercial Keurig Dealer

12.




12.




12.

White indifference is a weed that must continually be hoed for our national garden to flourish. Will you change or be the change to help cultivate our society?



On June 5, 2020, at the age of 79, Philip F. Horning passed away at home in Oklahoma City after courageously battling prostate cancer for two years. Phil attended the University of Oklahoma where he received his BA degree in Economics. Soon after, he was commissioned a 2nd Lieutenant in the U.S. Army Reserves. After completing active duty, he returned to OU to attend law school on the G.I. Bill. He received his J.D. degree, and was honorably discharged from the Army as a Captain, in 1968.

Phil began his law practice in Oklahoma City with his father-in-law, Merton Bulla, and eventually established his own firm. Over the years, the firm had several iterations, but long-term-partner relationships were established with Kent Johnson, Roger Grove, Jim Moore, Carrie Hulett and Carolyn Thompson, referred to in recent years as his “sec-ond family”. As a young attorney, he handled criminal and civil rights cases, among others, but finally settled on family law. He served as an Adjunct Professor of Law at both the University of Oklahoma and Oklahoma City University, served on the Board of Governors of the Oklahoma Bar Association and the Board of Directors of the

Oklahoma County Bar Association. In 1979, he received the Oklahoma County Bar Ethics Award and in 2011, the Oklahoma Bar Association Public Service Award. Additionally, he was named in “The Best Lawyers in America” annually from 1987 until he retired at age 62.

Shortly after retirement, Phil became a volunteer tutor at Linwood Elementary School, tutoring for ten years until hearing loss made it difficult to hear

the students› voices. That experience and others› encouragement led him to run for the Oklahoma City School Board, where he served for eight years. Phil was a Norman boy, an athlete, scholar, diehard Sooner fan, respected lawyer, proud Democrat, funny guy, friend to many and a family man. He and his wife, Marian (Bulla) were married almost 56 years, sweethearts to the end. Phil is survived by Marian, his beloved children Clay Horning and Sara Horning Szabla and his precious grandchildren Harper Horning Paskowski and Reyne and Jack Szabla. No service planned at this time.

If you would like to make a memorial donation, the family asks you to consider a contribution to the Philip F. Horning OKC PS College Scholarship Fund. The scholarship was created in honor of Phil›s service to Oklahoma City Public Schools, for deserving graduating seniors from designated OKC PS high schools. This fund is part of the Oklahoma City Community Foundation and tax-deductible donations can be made online at donate.occf.org, or by check, payable to the Philip F. Horning OKC PS College Scholarship Fund and mailed to Oklahoma City Community Foundation, P.O. Box 1146, Oklahoma City, OK 73101-1146.

OBITUARY

Another Loss for the Legal Community and the World

Philip F . Horning

JOURNAL RECORD EVENT NOMINATIONS NOW OPEN

Nomination deadlines vary throughout the year, visit journalrecord.com/events for exact dates. Event dates are subject to change.

For more information about sponsorships, advertising, nominations or applications, contact Sarah Barrow at [email protected]

NOMINATE NOW AT: JOURNALRECORD.COM/JOURNAL-RECORD-EVENTS

EVENT DATE: JULY 9

EVENT DATE: JUNE 29

EVENT DATE: AUGUST 28

EVENT DATE: SEPTEMBER 3

EVENT DATE: OCTOBER 8

EVENT DATE: DECEMBER 3

EVENT DATE: SEPTEMBER 10

EVENT DATE: NOVEMBER 5

#AchieversUNDER40

THE JOURNAL RECORD

THE JOURNAL RECORD

EXCELLENCEIN CONSTRUCTION AND REAL ESTATE 2020


8 www.CPBJ.com Central Penn Business Journal MAY 31, 2019OPINIONGUEST VIEW

Latest census data reveals trends to watchThe U.S. Census Bureau recently re-

leased new population estimates that account for and compare the resident population for counties between April 1, 2010 and July 1, 2018. The outcome? There are shifts in population taking place across the nation that may differ from what you might assume. Here are the highlights at a national and local level.

What’s happening locally?Cumberland, Dauphin, Lancaster and

York experience consis-tent growth. The most notable trend between 2010 and 2018 in Central Pennsylvania is that these counties all experienced consistent growth year-over-year. Moreover the growth was fairly even over the last eight years.

Another trend worth noting is that the counties have main-tained the same order of ranking based upon population for eight-plus years. For example, in 2010 the counties in order of smallest population to largest were Cum-berland, Dauphin, York and Lancaster. This is the same ranking we see in 2018,

and every year in between.Lancaster remains the largest and fast-

est-growing county. At 984 square miles, it also is the largest of the four counties. Between 2010 and 2018 it experienced the largest numeric growth at 24,112 people. No. 2 in numeric growth was actually the smallest of the four counties, Cumberland County, which grew by 16,017 people. York County grew by 13,301 people and Dauphin County grew by 8,997 people.

What’s happening nationally?The census data confirmed that coun-

ties with the largest numeric growth are located in the south and the west. In fact, Texas claimed four out of the top 10 spots. Looking at population growth by metropolitan area, Dallas-Fort Worth-Arlington, Texas had the largest numeric growth, with a gain of 131,767 people, or 1.8 percent in 2018. Second was Phoenix-Mesa-Scottsdale, Arizona, which had an increase of 96,268 people, or 2.0 percent. The cause of growth in these areas is migration, both domestic and international, as well as natural increase. In Dallas, it was natural in-crease that served as the largest source of population growth. For Phoenix it was

migration.The fastest growth occurred outside

of metropolitan areas. Surprisingly, no new metro areas moved into the top 10 largest areas. Of the 390 metro areas in the U.S., (including the District of Co-lumbia and Puerto Rico), 102, or 26.2 percent experienced population decline in 2018. The five fastest-shrinking metro areas (excluding Puerto Rico) were Charleston, West Virginia (-1.6 percent); Pine Bluff, Arkansas. (-1.5 percent); Farmington, New Mexico (-1.5 percent); Danville, Illinois (-1.2 percent); and Watertown-Fort Drum, New York (-1.2 percent). The population decreases were primarily due to negative net domestic migration.

North Dakota was home to the fastest-growing county. Among counties with a population of 20,000 or more, Williams County, North Dakota, claimed the top spot as the fastest-growing by percent-age. This county’s population rose by 5.9 percent between 2017 and 2018 (from 33,395 to 35,350 people). The rapid growth Williams County experienced was due mainly to net domestic migration of 1,471 people in 2018. The county also ex-perienced growth between 2017 and 2018

by natural increase of 427 people and in-

ternational migration of 52 people.

There is more growth than decline. Out

of 3,142 counties, 1,739 (or 55.3 percent)

gained population between 2017 and 2018.

Twelve counties (0.4 percent) experienced

no change in population, and the remain-

ing 1,391 (or 44.3 percent) lost people.

Between 2010 and 2018, a total of 1,481 (or

47.1 percent) counties gained population

and 1,661 (or 52.9 percent) lost popula-

tion. Though there has been more growth

than decline overall, the numbers indicate

that this can easily shift year over year.

A deeper dive into the census data

reveals several demographic changes

impacting commercial real estate develop-

ment: household formations, aging baby

boomers, growing millennials, women

in the workforce and migration toward

the South. Today’s demographic changes

present challenges for commercial real

estate developers, but they also offer lu-

crative opportunities to firms creatively

adapting to new demands.•

Mike Kushner is the owner of Omni Realty Group, a real estate firm in Harrisburg. He can be reached through www.omnirealtygroup.com�

Mike Kushner

2018 was a banner year for mergers and acquisitions. Global M&A activity was the second highest on record, with deals totaling $2.72 trillion. Looking ahead, 76 percent of top executives at U.S. compa-nies expect to close more deals this year than last, and a majority predict these deals will be larger, according to a report from Axios. These compa-nies, and others around the globe, turn to M&A deals to increase market share and improve their business models.

Throughout the M&A process, executives are hyper-focused on company synergies and big-picture goals. As a result, one very important fac-tor often goes overlooked – the employer’s retirement plans. There are many details to consider when acquiring a company. Understanding the seller’s retirement plan and how it will fit within the current ben-efit structure is vital to success.

If retirement plans are not considered upfront, executives may learn that the ac-quired company has an underfunded pen-sion plan – which can be a deal breaker – or that the seller’s 401(k) plan does not meet compliance standards.

So, if you’re planning a merger or acqui-sition, consider the retirement plans now to avoid a headache later on.

If the transaction is a stock acquisi-tion – where the buyer takes full owner-ship of the selling company – the buyer then assumes all of the seller’s liabilities, including its retirement plan. The buyer has three options for how to handle the acquired company’s retirement plan. It can either maintain its own plan and the seller’s plan separately, terminate the seller’s plan, or merge the seller’s plan into its own plan.

If the buyer decides to maintain both plans, the newly acquired employees can either be offered the same benefits they had previously, or a new formula for their employer benefits. Maintaining both plans can provide employees continuity of ben-efits with no impact to the buyer’s retire-ment plan. However, operating multiple plans can be burdensome and expensive, and nondiscrimination testing is needed if employees are receiving different benefit packages.

If the buyer is going to terminate the seller’s plan, this decision should be made and the process initiated before the com-panies merge. If the acquired company’s 401(k) is terminated after the transaction, the seller’s employees will face a one-year

restriction before being able to join the buyer’s 401(k) plan, losing out on a full year of tax-efficient savings and employer contributions.

The main advantages of termination are that employees can be integrated into the buyer’s plan with one benefit structure for all; there is only one plan to maintain; and the risk of any liability transfer into the buyer’s existing plan is avoided. The downside is that the employee accounts become immediately accessible. So, if not rolled over into an IRA or other retirement plan, employees could squander retire-ment assets and face penalty taxes for early distribution.

The final option – merging the seller’s and buyer’s plans – requires that both plans be the same type and have a similar plan design. This option can be efficient and cost-effective – one benefit structure, one plan to operate – and it also avoids the negatives of plan termination.

The risk associated with merging are the unknown factors of the seller’s plan. Has it always operated in compliance with all the complex rules associated with retirement plans? If not, the buyer’s plan would be at risk.

Before deciding how to handle the sell-er’s retirement plan, the buyer will need to perform exhaustive due diligence. This

includes confirming past operational and procedural compliance, making sure all plan documents are up-to-date, and con-firming general compatibility between the plans. Examples include reviewing non-discrimination testing results from recent years, the seller’s fiduciary oversight prac-tices, administrative operations such as distributions, payroll and loan processes, and fulfillment of government reporting requirements.

Many companies partner with an out-side consultant to conduct a thorough benefit plan review and help determine the best option. When experts are engaged from the start, they can help ensure the transition is smooth and employees have a clear understanding of the benefits with their new employer.

An organization’s retirement plan should be a consideration from the early stages of an M&A. Though the evaluation process can be lengthy, it’s better to an-ticipate issues that could arise, instead of realizing them in the midst of the merger when it might be too late.

•John Jeffrey is a consulting actuary, specializing in retirement plan consulting and post-employ-ment health care benefits, for Conrad Siegel, which is based in Susquehanna Township, Dauphin County.

GUEST VIEW

Retirement plans should be piece of M&A puzzle

JohnJeffrey

• Total access to Journal Record List Database*

• Unlimited downloads

• PDFs and spreadsheets

• Book of Lists PLUS

• Unpublished data

• Custom data searches

*Please note: the Data portion of the premium subscription is non-refundable.

As a premium subscriber, gain total database access with unlimited downloads.

SUBSCRIBE TODAY!CALL 877-615-9536 OR VISIT

[email protected] a Print & Digital Subscriber? Call to upgrade - NOW!

www.journalrecord.com

PRINT & DIGITAL + DATAS U B S C R I P T I O N

JR

& +

0.009

CRUDE OIL

Sep $ 54.50

1.96 .0283

GASOLINE

Sep $1.6740

NATURAL GAS

Sep $2.119

BY DAISY CREAGERThe Journal Record

The Sierra Club’s Oklahoma chapter is calling for the Bureau of Land Management to deny a request to expand an active Oklahoma coal mine across 270 additional acres of federal coal reserves.

Georges Colliers Inc. made the request last year for the expansion of Pollyanna 8, also known as the South Central Coal Mine, 2 miles west of Spiro. BLM, which manages coal leasing on the federal mineral estate with development potential, opened a two-week public comment period Aug. 1.

Located in LeFlore County, Pollyanna 8 is

the highest producing of Oklahoma’s six coal mines. In 2017, it produced 319,250 tons of the state’s total 561,345-ton coal production, according to the Energy Information Administration.

GCI President Craig Jackson said the extra acreage would support the company’s mining plan.

“The natural mine plan of the coal mine has taken us to that point that we need the small extension, which would be of tremendous benefit to us and not consequential to anyone else,” Jackson said.

Sierra Club Oklahoma Chapter Director Johnson Bridgwater said in a statement the organization opposes the “drip-by-drip” of

mining expansions in eastern Oklahoma and existing subsidies that make coal mining “appear profitable.”

“Burning coal also pollutes Oklahoma’s air and water, with global consequences as well. … Plenty of cleaner, safer, healthier energy options exist for Oklahoma – more and more, renewables like solar and wind are able to provide power that is less expensive and more climate-friendly than coal,” Bridgwater said in the statement.

“BLM must reject GCI’s application, and not prioritize a coal company’s bank balances over the health and safety of the people of

Proposed coal mine expansion opposed

« 2 »Communication Federal

expanding with new branch Communication Federal Credit Union is expanding to a new

branch in northwest Oklahoma City after purchasing property

from Blackburn Financial Group.

« 2 »Gross receipts show signs of

moderation Gross receipts to the treasury in July show signs of moderation in the

Oklahoma economy, even as total collections continue to grow, state Treasurer Randy

McDaniel said.

« 3 »State expands availability of electronic identification The days of having to pry stiff plastic cards out of cramped wallets to prove identification may have reached an end for

nearly 2,000 Oklahomans, and the state’s secretary of digital transformation and

administration hopes that will be the case soon for many others in the Sooner State.

« 3 »U.S. lays out enforcement priorities for animals on planes The government is

telling airlines and passengers how it will enforce rules

governing animals that people bring on planes.

Hospitals sue thousands each year over unpaid medical bills

BY TREVOR BROWNOklahoma Watch

It was not a call that Rabekah Crow expected.

The Bartlesville resident was working at her job as a Phillips 66 help-desk agent in spring 2018 when an unfamiliar num-ber flashed across her caller ID.

“The person just said they were out-side of my work and were delivering papers for me to sign,” she said. “So I thought,’ ‘No big deal.’”

When she came out, she was served with a lawsuit de-manding payment of nearly $3,500 in medical bills from the birth of her youngest son in 2015.

The bill was from St. John Health System’s Jane Phillips Medical Center and Hospital. Crow thought it had been paid because she had filed paperwork asking for Medicaid to cover the delivery. But the hospital disagreed.

Nearly three months later, a Washington County district judge issued a default judg-ment in favor of the hospital. Crow failed to challenge the lawsuit in time, saying later she couldn’t afford a lawyer and was unfamiliar with the legal system.

The judge later ordered Phillips 66 to withhold as much as $470 from Crow’s twice-a-month paycheck until her debt – which had grown to $4,230 with interest and attorney fees – was paid. For more than four months

Crow saw her take-home payment reduced by a quarter.

The debt took a toll on her and her three children, she said.

“I ended up taking three personal loans on my retirement, which I’m now having to pay back out of my paychecks,” she said. “It’s just been horrible.”

Crow’s experience is not an uncommon one across Oklahoma.

An Oklahoma Watch review of court re-cords since 2016 found that dozens of hospi-tals across the state have filed at least 22,250

lawsuits against their former patients over unpaid medical bills.

In many of those cases, the hospitals have garnished wages to collect anywhere from a few hundred dollars to more than $10,000. The hospitals are nonprofit, for-profit and government-owned ones – some of them founded by charity or religious organizations.

These billing practices highlight a heated debate in the medical community across the country. When do hospitals have a financial

Turn to BILLS » p14

Norman Regional Hospital in Norman. OKLAHOMA WATCH

Turn to COAL » p14

News in Brief . . . . . . . . . . . . .4AAround Town . . . . . . . . . . . . .6AWeek in Review . . . . . . . . . . 7AEnergy . . . . . . . . . . . . . . . . . . .8ABusiness Album . . . . . . . . . . 15AClassifieds . . . . . . . . . . . . . . . 1BPublic Notices . . . . . . . . . . . .2B

INSIDE 08.12.2019

journalrecord.com • Monday, August 12, 2019 Vol. 124, No. 157 • Two sections • Single copy $1.00

YOUR BUSINESS IS OUR BUSINESS

go premium


HOW OAMIC HELPS

OKLAHOMA ATTORNEYS

LEGAL MALPRACTICE

CYBER LIABILITY

OFFICE PACKAGE POLICY

COURT BONDS

EMPLOYMENT PRACTICES

WORKERS COMP

Included in your coverage

at no additional cost.

Insurance to preserve your reputation

and financial well-being.

Covers office contents such as

buildings and computers.

Probate bonds, notary bonds,

civil court bonds, etc.

Covers employee discrimination

and harassment claims.

Covers medical and wage

replacement due to injury.

OAMIC.COM | 405.471.5380

Conner & Winters, LLP Welcomes Rudicel as Marketing Director

Conner & Winters hired Laura Rudicel as its first-ever director of marketing. Rudicel brings with her nearly twelve years of experience in journalism, public relations and marketing.

As the firm’s new marketing director, she will provide strategic oversight for all firm marketing and communications efforts. This will include managing budgets, department operations, and the execution of the overarching creative, marketing and communications strategies. Additionally, Rudicel will oversee the development and implementation of support materials and services for business development.

Immediately prior to joining Conner & Winters, Rudicel served as an account supervisor at Saxum where she worked closely with organizations in the banking, healthcare, energy, nonprofit and government sectors and led internal teams to accomplish marketing goals for her clients. Her work portfolio includes developing strategic marketing plans, offering crisis communications counsel, leading global PR efforts for one of the largest conferences in Houston and preparing c-suite executives for media opportunities. Additionally, Rudicel served as marketing communications manager at the Oklahoma City-County Health Department, multisite communications manager at Corvias Group, communications manager at the Lawton Fort Sill Chamber of Commerce and as a general assignment reporter and weekend anchor at KSWO-7 news in Lawton, Oklahoma and

KWTX News 10 in Waco, Texas. Rudicel received a B.A. in Film and Media

Studies from Emory University in Atlanta, Georgia. She is an active member of Junior League of Oklahoma City and the Oklahoma City Zeta Tau Alumnae chapter. Rudicel previously served on the Public Relations Society of America Oklahoma City Chapter board and graduated from Leadership Lawton Fort Sill.

Marshall Joins Conner & Winters as Partner

Conner & Winters LLP announced Rich Marshall joined the firm as a partner in the banking and finance and real estate areas. Marshall relocated his family to Tulsa, Oklahoma after spending 20 years representing financial institutions, developers and investors in Dallas.

Prior to joining Conner & Winters, Marshall had a solo practice. He has represented institutions in asset based commercial loan transactions across the United States and principal real estate constituents in the Dallas metro. Marshall also holds a commercial real estate licenses in Oklahoma and Texas. Marshall earned a J.D. from the Columbia University School of Law and graduated from the University of Oklahoma with a B.A. in English.

Hall Estill Attorney John F. Heil, III Confirmed to Federal

Judicial Post Hall Estill announced that Hall Estill attorney

John F. Heil, III has been confirmed by the U.S. Senate to serve as the U.S. District Judge

for the Northern, Eastern and Western Districts of Oklahoma.

Heil is a shareholder and director at Hall Estill where his practice focuses on complex commercial litigation.

Before joining Hall Estill, Heil served the State of Oklahoma as Assistant District Attorney in the Tulsa County District Attorney’s Office. Heil earned his B.S. from Oklahoma State University and his J.D., with honors, from the University of Tulsa College of Law, where he served as an Editor for the Tulsa Law Journal.

Crowe & Dunlevy elects seven new directors

Crowe & Dunlevy recently named Zane T. Anderson, Joshua D. Burns, Anthony Hendricks, Jennifer N. Lamirand, Paige A. Masters, Melanie Wilson Rughani and Jennifer R. Willey as directors in the firm.

Anderson is in the business department for the firm’s Oklahoma City office. He is a member of the Banking & Financial Institutions, Cannabis Industry, Corporate & Securities, Entertainment, Indian Law & Gaming, Private Wealth & Closely-Held Business and Real Estate Practice Groups. A graduate of Oklahoma City University School of Law, he earned his undergraduate degree from Oklahoma State University.

Burns is in the firm’s Oklahoma City office where he is a member of the firm’s Banking & Financial Institutions, Bankruptcy & Creditor’s Rights, Energy, Environment & Natural Resources, Healthcare and Litigation & Trial Practice Groups. He earned his Juris Doctor from the University of Michigan Law School and his undergraduate degree from Yale University.

Hendricks serves in the Bankruptcy & Creditor’s Rights, Energy, Environment & Natural Resources, Litigation & Trial, Criminal Defense, Compliance & Investigations and Administrative & Regulatory Practice Groups for the firm’s Oklahoma City office. He is a graduate of Harvard Law School and holds an undergraduate degree from Howard University.

Lamirand works in the firm’s Oklahoma City office and serves in the Indian Law & Gaming, Securities Litigation, Enforcement & Compliance, Litigation & Trial, and Insurance Practice Groups. She received her Juris Doctor the University of Notre Dame Law School, her undergraduate degree from Oklahoma State University, and a Master of Laws degree from the London School of Economics and Political Science. Lamirand also serves as an associate justice on the Citizen Potawatomi Nation Supreme Court.

Masters is a member of the Litigation & Trial, Appellate and Healthcare Practice Groups for the firm’s Oklahoma City office. She graduated from Oklahoma City University School of Law and holds an undergraduate degree from Oklahoma State University.

Rughani serves as the co-chair of both the Appellate and the Initiative Petitions Practice Groups in the firm’s Oklahoma City office. A graduate of the University of Virginia School of Law, she earned her undergraduate degree from the University of Kansas.

Willey is in the firm’s Oklahoma City office and a member of the Securities Litigation, Enforcement & Compliance, Healthcare and Administrative & Regulatory Practice Groups. She is a graduate of Oklahoma City University School of Law and earned her undergraduate degree from Bellevue University.

Bar Observer

Documents

June, 2020 Vol. 53, No. 6 A Publication of the … · 2020-06-12 · June 2020 Briefcase is a monthly publication of the Oklahoma County Bar Association 119 North Robinson Ave. Oklahoma