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www.smithcountybar.com Volume 18 Issue 11 The Advocate Smith County Bar 2014-2015 Association President Tom Gibson VP/ President-elect Ron Stutes Secretary Amy Ames Treasurer Greg Kimmel Directors 2013-15 Faye Comte Nathaniel Moran Danny Noteware Directors 2013-15 Reagan Butts W. Bryan Campbell Jennifer McCollough Leigh Porter Marisa Schouten Andy Stinson Foundation President Jim Huggler VP/ President-elect John F. Berry Secretary Andy Tindel Treasurer Daniel Montgomery, CPA Directors 2012-15 Rick Allen, CPA Jill Hossley Laura Jackson Hon. Christi Kennedy Joey Seeber Directors 2013-16 Ralph E. Allen Dawn Franks James W. Knowles Honorable John Love Dr. Howard Patterson Nancy Rangel Randell C. Roberts Directors 2013-16 Andrew Adams Dana Bias Jeremy Coe Shannon Dacus H. Michael Gross Deborah Race May 2015 President’s Letter Dear SCB Association Members, Well Friends, it has been another busy few weeks for the Smith Coun- ty Bar Association, capped off by the recent Law Day celebration held at the Ornales Center at U.T. Tyler. I always enjoy seeing fellow lawyers and staff members at this event, and especially celebrating the many wor- thy award recipients. The Smith County Bar Foundation organizes and presents this event, and I can assure you that there were many hours of planning, preparation and work behind the successful lunch. Many thanks to Mike Patterson, Chair and Stuart Hene co-chair of the Law Day Committee, for their work and leadership that assured a successful event. Of course, we have recently cele- brated the portrait presentation and judicial career of Judge Leonard Davis, who is retiring from the bench after a successful and accomplished career on the bench, first with the Twelfth Court of Appeals and then with the United States District Court for the Eastern District of Texas. The good news is that Judge Davis is re- turning to the private practice, so we will no doubt continue to see him in the halls of the courthouse as he resumes the private practice of law. Now that spring has begun, remem- ber that we will have our annual criminal law CLE program on Thurs- day, May 28. The program has been named in honor of Judge Thomas A. Dunn and will be held at the Smith County HUB. It will feature several local speakers addressing timely top- ics within the criminal practice. Due to the recent Law Day lunch, we will not have our monthly CLE lunch at the Willow Brook Country Club, but we will resume our normal schedule in June. Tom Gibson SCBA President 2014-15 2015-16 SCB Association and Young Lawyer Elections Officers and Directors for the 2015-16 Smith County Bar Association and Smith County Young Lawyers will be elected by electronic vote. Be looking for an email with voting instructions. Electronic ballots will be sent to all current members of each organization in mid May.

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www.smithcountybar.com

Volume 18 Issue 11

The Advocate

Smith County Bar

2014-2015 Association

President Tom Gibson

VP/ President-elect Ron Stutes Secretary

Amy Ames Treasurer

Greg Kimmel Directors 2013-15

Faye Comte Nathaniel Moran Danny Noteware Directors 2013-15

Reagan Butts W. Bryan Campbell

Jennifer McCollough Leigh Porter

Marisa Schouten Andy Stinson Foundation

President Jim Huggler

VP/ President-elect John F. Berry

Secretary Andy Tindel

Treasurer Daniel Montgomery, CPA

Directors 2012-15 Rick Allen, CPA

Jill Hossley Laura Jackson

Hon. Christi Kennedy Joey Seeber

Directors 2013-16 Ralph E. Allen Dawn Franks

James W. Knowles Honorable John Love Dr. Howard Patterson

Nancy Rangel Randell C. Roberts Directors 2013-16 Andrew Adams

Dana Bias Jeremy Coe

Shannon Dacus H. Michael Gross

Deborah Race

May 2015

President’s

Letter

Dear SCB Association Members,

Well Friends, it has been another busy few weeks for the Smith Coun-ty Bar Association, capped off by the recent Law Day celebration held at the Ornales Center at U.T. Tyler. I always enjoy seeing fellow lawyers and staff members at this event, and especially celebrating the many wor-thy award recipients. The Smith County Bar Foundation organizes and presents this event, and I can assure you that there were many hours of planning, preparation and work behind the successful lunch. Many thanks to Mike Patterson, Chair and Stuart Hene co-chair of the Law Day Committee, for their work and leadership that assured a successful event.

Of course, we have recently cele-brated the portrait presentation and judicial career of Judge Leonard Davis, who is retiring from the bench after a successful and accomplished

career on the bench, first with the Twelfth Court of Appeals and then with the United States District Court for the Eastern District of Texas. The good news is that Judge Davis is re-turning to the private practice, so we will no doubt continue to see him in the halls of the courthouse as he resumes the private practice of law.

Now that spring has begun, remem-ber that we will have our annual criminal law CLE program on Thurs-day, May 28. The program has been named in honor of Judge Thomas A. Dunn and will be held at the Smith County HUB. It will feature several local speakers addressing timely top-ics within the criminal practice. Due to the recent Law Day lunch, we will not have our monthly CLE lunch at the Willow Brook Country Club, but we will resume our normal schedule in June.

Tom Gibson SCBA President 2014-15

2015-16 SCB Association and Young Lawyer Elections

Officers and Directors for the 2015-16 Smith County Bar

Association and Smith County Young Lawyers will be

elected by electronic vote. Be looking for an email with

voting instructions. Electronic ballots will be sent to

all current members of each organization in mid May.

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VOLUME 18 ISSUE 11 VOLUME 18 ISSUE 11 PAGE 2 THE ADVOCATE

Register Now-

Seventh Annual Honorable Thomas A. Dunn Criminal Law CLE

Local East Texas speakers discussing criminal law topics including but not limited to Significant Decisions – Federal and State, Immigration, Voir Dire, Personnel Files, Preservation of Error,

Search and Seizure, Morton Act , Veteran’s Court and Panel with U.S. Attorney/Federal Defender.

Thursday, May 28 9:00 am to 4:30 pm

Smith County R.B. Hubbard Facility – ‘The HUB” 302 E. Ferguson St., Tyler

2014-15 SCBA members $150 Non members $200

Register at www.smithcountybar.com

6 hours of CLE including 1.5 hours of ethics SBOT CLE course No. 901316139

SCBA Attorney Spotlight

This section is dedicated to introducing and showcasing young lawyers or lawyers that are new to the SCBA. If you would like to nominate someone for the “SCBA Spotlight” please contact Cristy at [email protected]

Nolan D. Smith

This month the SCBA spotlight shines on Nolan Smith of Ramey & Flock, P.C.

Nolan was raised in Tyler and is a direct descendant of General James Smith, Smith County’s namesake. He graduated from All Saints Episcopal School and went on to undergrad at Baylor University where he earned a B.A. in History. During his time in Waco, he was a member of the Sigma Phi Epsilon fraternity and volunteered at the local Boys & Girls Club.

After graduating from Baylor, Nolan went up I-35 to attend the Dedman School of Law at Southern Methodist University. Dur-

ing law school, Nolan was a member of the Science and Technology Law Review.

Nolan returned to Tyler to join the Ramey & Flock law firm in the fall of 2011. Practicing alongside his father, Greg Smith, Nolan focuses primarily on civil appeals and commercial litigation. In 2013-14, Nolan was a member of Leadership Tyler Class 27. Currently, Nolan serves in a leadership role for the Smith County Young Lawyers Association. He and his wife Stacy were married in 2011, and have one daughter, Catherine. In his spare time, Nolan enjoys sports (including, specifically, supporting Baylor athletics), traveling, and spending time with family and friends.

Ramey & Flock, P.C. 100 E. Ferguson St., Suite 500 Tyler, Texas 75702 903-597-3301 [email protected]

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VOLUME 18 ISSUE 11 PAGE 3 THE ADVOCATE

VOLUNTEER ATTORNEY PROGRAM

Within this newsletter you will find a gift. Where? You ask. If you missed the Law Day luncheon then you missed Alicia Barkley, 2014 Volunteer Attorney of the Year recipient, telling the attendees that within each program they would find a gift. She proceeded to share with all of us her experi-ences as a volunteer attorney. Assisting low income clients gain access to justice by giving of her time and expertise was not only a gift to the client but also a gift for her. She forged new relationships and made our community a better place.

Helping clients that have been abused obtain divorces gave Alicia the gift of knowing that she made a difference in the lives of those that may not otherwise have been able to find assistance to leave their abusive situation. She encouraged other attorneys in attendance at the luncheon to become volunteer attorneys so that they too could make a difference and receive the same gift she had received. Within the programs at each place setting was a Volunteer Attorney Profile Sheet. When an attorney completes the sheet and volun-teers, our Pro Bono Volunteer Attorney Program grows and our clients benefit from their expertise and generous gift of time.

As you read through this newsletter please find a Volunteer Attorney Profile Sheet. A gift to you. Please take the time to complete the sheet and be-come one of our volunteers. Your time and exper-tise is greatly needed and will not go unrewarded. Volunteers are needed in numerous areas of law. There is also a need for mentors. If you would like more information about the Volunteer Attorney Program, please feel free to contact me.

Carol Moylan

SCBF Volunteer Attorney Coordinator

903-526-2700

[email protected]

Smith County Law Library

This past month the library worked to prepare our proposed

budget for the 2015-16 fiscal year. I want to say a quick

thank you to the law library committee members: Dr.

Charles Alworth (Chair), Judge Christi Kennedy, Judge

James Worthen, Alesha Williams, Ralph Allen, Mary Ann

Cozby, Kay Caserta, Craig Daugherty, Greg Fraser, Linda

Hoak and VaLita Waits. Thank you for your support of the

law library and for your insight regarding next fiscal

year’s budget.

In recent years, county law libraries in Texas have seen a

decrease in revenue while the cost of materials and online

research has increased. As some of you may know, the law

library receives its funding from a $35 statutory filing fee

collected on civil case filings. With the rising cost of mate-

rials and more indigent filings, this fee has just not been

enough to cover costs in law libraries around the state. Re-

cently, county law libraries in Texas have gotten together

in an effort to do something about this through legislation.

We are hoping to pass a bill that would add a $5 filing fee

onto JP civil cases, which would go towards the law library

fund. Sometimes these things take years to get done, but

we are hopeful.

It’s because of recent budget concerns that there will be

some changes to the law library. We will keep you updated

about the changes and when they will occur. Don’t be

scared. Change isn’t always bad. Well, sometimes it’s

bad…like if you try to change your hair color and accident-

ly turn it green...then have to go by the name Chia Pet for

the entire rest of your 10th grade year in high school. (But I

digress.) Ok, THAT change is bad, but we are working

very hard to make any changes to the law library as pain

free as possible and still continue to give you lots of re-

search options.

This past month, we have updated the Supreme Court Re-

porter, Houston Law Review, Texas Torts & Remedies

Guide, Internal Revenue Service Code, Vernon’s Texas

Codes Annotated and Social Security Laws. If you have

any specific concerns about future changes or specific ma-

terials you would like the library to have, please let us

know and we will do our best to accommodate your re-

quest.

If you’ve made it to the end of this article there are two

lessons I hope you’ve learned here.

1. Don’t fear change…we plan to keep you informed all

along the way.

2. Never try to dye your own hair.

Kara Barrett

Law Librarian

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PAGE 4 THE ADVOCATE VOLUME 18 ISSUE 11

Law Day 2015

Additional photos posted on www.smithcountybar.com and on SCBA facebook page.

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VOLUME 18 ISSUE 11 PAGE 5 THE ADVOCATE

THANK YOU TO THE 2015 LAW DAY UNDERWRITERS

AND TABLE SPONSORS Table Sponsors:

Regions Bank Ramey & Flock, PC

Underwriters: Platinum:

Julietta Jarvis Foundation

Gold:

Flowers Davis PLLC Collen Clark/The Clark Firm Silver:

Bronze:

Copper:

Potter Minton, PC Mike Patterson Mediation Findlay Craft PC David Lake and Joel Lake Wilson, Robertson & Cornelius, PC

Roberts & Roberts Beverly D. Melontree Bain, Files, Jarret, Bain & Harrison PC Ramey & Flock, PC White & Shaver, PC

The Dacus Firm, PC James W. Huggler Henry & Peters PC Ronnie Horsley, PC Southside Bank

Michael K. Hogan, PC Honorable Jack Skeen, Jr. Yarbrough Wilcox PLLC Brown, Bauman & Smith, PC

Bluebonnet Partners Honorable James T. Worthen Perdue Brandon Fielder, Collin & Mott, LLP James I. Perkins Family Trust Kevin L. Ferrier Gregory S. Porter Law Office of James W. Volberding Law Office of Jeremy Coe, PLLC Starr Schoenbrun Comte PLLC Alan E. Brown Michael J. McNally

John F, Berry, PC Frank H. Moore Honorable Brian Hoyle Vickery Law Firm Beard & Harris, PC Woodrow M. Roark Richard Grainger, PC Hossley Embry Honorable Sam Griffith Dwight A. Brannon Honorable Christi J. Kennedy

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PAGE 6 THE ADVOCATE VOLUME 18 ISSUE 11

Thanks to the 2015 Law Day Exhibitors

2015 SMITH COUNTY BAR LAW DAY COMMITTEE

Chair Mike Patterson Law Day Co-Chair Stuart Hene

SCBF/SCBA Executive Director Cristy Arscott

Amy Bates Ames

John F. Berry, SCBF Pres-Elect

Dana Bias

Tom Brown

Laura Brownlow

Patricia Coplan

Craig Daugherty

Debby Gunter

Jo Ruth Hancock

Jim Huggler, SCBF President

Leigh Ann Hunt

Sara Maynard

Jennifer McCollough

Hon. Nicole Mitchell

Nathaniel Moran

Carol Moylan

James M. Noble

Daniel A. Noteware

James ‘Wes’ Volberding

Ruth Yeager

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VOLUME 18 ISSUE 11 PAGE 7 THE ADVOCATE

PRO BONO VOLUNTEER ATTORNEY PROFILE

Name: _____________________________________________________________________________________________

Firm: ______________________________________________________________________________________________

Address: ____________________________________________________________________________________________

Phone: _____________________________________________________________________________________________

Fax: _______________________________________________________________________________________________

E-mail Address: _____________________________________________________________________________________

I volunteer to accept ____2 _____4 ____6

Lone Star Legal Aid qualified clients for year 2015-2016.

Family Law/Divorce _____ Employment

_____ No Children/No Property _____ Bankruptcy

_____ Children/No Property _____ Wills/Probate/Estate Planning

_____ Routine Divorce _____ Elder Law

_____ Routine Divorce with domestic violence _____ Guardianship

_____ Complex Divorce _____ Real Estate (e.g. deed preparation)

_____ Custody _____ Emergency case on short notice

_____ Adoption _____ Advice & Counsel (indicate field)

_____ QDRO’s ___________________________

_____ Health-related (SSI, Medicaid, Medicare) _____ Name Change

_____ Administrative Appeals (Unemployment _____ Landlord/Tenant

Benefits, Workman’s Compensation, _____ Consumer Problems

Veteran’s Benefits, Disability Benefits,

Food Stamps) _____ Debtor/Creditor Issues

_____ Spanish speaking clients accepted _____ I would like to Mentor other volunteers

_____ Other: I would like to assist by ______________________________________________

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VOLUME 18 ISSUE 11 PAGE 8 THE ADVOCATE

RCL Portrait Design, who specializes in “Executive Portraits” will photograph SCBA members for our on

line directory at www.smithcountybar.com.

You should have received a letter with details and information on making your reservation. The photographs will be taken at Potter Minton PC, on May 27-28 and at Martin Walker Law Firm, on June 1-5. Thanks to these firms for providing the location for the photographers.

There is no cost for you to participate. A professional portrait photographer will photograph you in several poses. You will be able to view your proofs immediately through an instant video system and choose your picture for the

online directory. Additional portraits will also be made available to those wishing to purchase them, however

there is no obligation.

UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF TEXAS

NOTICE OF POSITION VACANCY

Position: Clerk of Court

Location: Tyler, TX or Plano, TX

Closing Date: May 22, 2015

Start Date: September 1, 2015

The United States Bankruptcy Court for the Eastern District of

Texas is seeking a senior level executive with experience as an

administrator of a diverse and innovative organization to serve as

the Bankruptcy Court’s Clerk of Court. Exceptional communica-

tion and interpersonal skills, along with a proven record of leader-

ship and accomplishment are required, preferably in a court envi-

ronment. The Clerk of Court works in collaboration with and re-

ports directly to the Chief Bankruptcy Judge.

Qualified candidates may apply by emailing a current resume

along with a cover letter stating your interest in the job, salary his-

tory or classification level, e-mail address and a daytime telephone

number. Also include contact information for three professional

references. The document must be emailed to:

[email protected]

Click here for the complete Notice of Position Vacancy.

SCYLA members participated in a recent panel discussion for the Pre-Law Society at UT Tyler. They answered questions from the students about practicing law and law school. Pictured are Nathaniel Kummerfeld, Alesha Williams, Danny Noteware, Terrance Garmon, Nick Pesina and Stuart Hene. Terrence Garmon has organized several of these presentations for local students.

The Smith County Young Lawyers Associ-ation would like to welcome newly licensed attorneys in our area. Details about a potential Swearing-In Ceremony in May will be announced soon.

If you know new attorneys who may be interested in participating in the local Swearing-In Ceremony, please share their names and contact information with the following SCYLA volunteers:

[email protected] [email protected] [email protected]

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VOLUME 18 ISSUE 11 PAGE 9 THE ADVOCATE

Providing professional development, education and service programs for the legal profession.

Revised 10-24-07

Employment

The Tyler Area Association of Legal Professional’s Job Bank is a free service for members. If you have a position open in your firm, (e.g. receptionist, legal secretary, legal assistant or office manager), please contact:

Sharon Sherrill, CLA Ireland, Carroll & Kelley, P.C. 6101 S. Broadway, Suite 500, Tyler, TX 75703

(903) 561-1600 or [email protected]

Membership is not required to post a job opening with TAALP.

Published monthly by the Smith County Bar Association

P.O. Box 7248, Tyler, TX 75711-7248

903 526-2700 or email: [email protected]

Web site: www.smithcountybar.com

Deadline is the 25th of the month preceding publication

REGIONS

Private Wealth Management

Free CLE Opportunities

Ethics Issues in Estate Planning

Tuesday, May 19 12:00—1:30 Lunch Provided

Regions Bank, 100 E. Ferguson St. Large Conference Room

Please RSVP to [email protected]

Referral List of Internships

In preparation of summer, SCYLA and the SCBA are looking to compile a referral list of potential internships (whether paid or not) and/or shadowing opportunities for students in the area. If you are in need of summer and/or semester help or would like to provide opportunities for students (high school or college) to shadow your firm, organization, attorneys, or courtroom, please contact Terrance Garmon at 903-531-1161 or via email at [email protected]

Congratulations 50 Year & 50+ year attorneys

Lawrence W. Anderson Hunter B. Brush Gene Caldwell

Judge G. Calhoun, Jr. Honorable Joe D. Clayton

Leonard C. Craig H. Tracy Crawford

Clyde L. Davis F.R. “Buck” Files, Jr.

Patrick A. Flynn Richard “Dick” Grainger Justice Roby Hadden

Richard B. Hardee W. Tom Henson

Gary Jackson Jack A. Jackson

Ben E. Jarvis D. Rex Kirby

William A. Knight Jonathan LeBleu

Weldon McFarland John H. Minton

Ardon E. “Ace” Moore, Jr. Charles L. Morgan

Chief Justice Tom B. Ramey Honorable J. Mike Rowan

Dane H. Smith Martin Z. Sammons