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PERMIT #186

Tulsa County Bar Association1446 S. Boston Ave.Tulsa, OK 74119

The Official Publication for the Tulsa County Bar Association, Inc.

Tulsa Lawyer Magazine

Building Our Future June 2015

1June 2015

FIRST, JUST BE STILLAND LISTEN …is the opening advice of the grandfather inTHE TREEHOUSE, a novel by Naomi Wolf thatI have been reading recently. “It is a disasterthat we are losing the option of silence – withall these televisions, all these channels, thesedevices you carry that constantly interruptyou. … The very first lesson to a young poet,or anyone starting in on creative work, isthis: go somewhere quiet and listen inwardly.What you hear internally might completelysurprise you; and it won’t be true unless youhear it first internally.”

My three oldest grandsons have decided thatI need to build a treehouse for them at ourhome in the country. As I began looking forbuilding plans for treehouses that might beadapted to the configuration of trees that arenear our home, I stumbled across THETREEHOUSE. It is a loosely biographical storyof an independent minded woman in herforties who is reconnecting with her eightyyear old father, who is both a poet and quasi-mystical figure. The woman asks her father to

teach her how and to help her build a“treehouse” for the woman’s child/father’sgrandchild. What she is really seeking is aplace and time to “be still and listen” – arefuge from the hectic and combative worldin which she is living.

The book is a difficult read for me because ofall of the poetry that is incorporated into thenovel. (As mentioned in an earlier letter, myengineering and law school education did nottrain me to understand and appreciatepoetry.) One reference that did call to me wasWilliam Wordsworth’s 1802 poem, The Worldis Too Much with Us, which reads in part:

“The world is too much with us;late and soon,

Getting and spending, we laywaste our powers:

Little we see in Nature that is ours;We have given our hearts away,

a sordid boon!”

But, the grandfather’s initial advice to “be stilland listen” is an iteration and echo of one ofmy persistent (and futile) complaints, i.e. theloss of time to reflect. Before facsimilemachines and scanners and e-mail, lawyerscrafted letters and documents through aprocess that, of necessity, included drafts andre-drafts and time to reflect upon the wordsbefore transmitting the product by mail to therecipient. With the accelerated cycle of workand client expectations of immediateresponses that have become the “newnormal” for our profession, the time toreflect has been lost. In my experience, thepotential for error and a lower standard ofcraftsmanship has been the result of that loss.In the novel, the treehouse is an allegory fora place and time to be still and listen. OurAssociation has a luxury that we, as lawyersworking in the “new normal,” do not have.Our Association has the time to be still and

listen to you, our Members, as we ask you tohelp us improve our Association.

One of the ways that your Association istrying to “listen” to you is through therecent Membership Survey. The Long RangePlanning Committee is pleased to report thatover 300 of you participated in theMembership Survey. Some of you may bethinking “only 300?” but keep in mind thatparticipation of about 15% of the targetgroup is a pretty good response rate insurvey work.

So, what were some of the messages thatTCBA “heard” from you through theMembership Survey? [Please note that thepercentages are comprised of Strongly Agree,Agree and Somewhat Agree or are comprisedof Somewhat Disagree and StronglyDisagree.]

The three most important TCBA Memberbenefits you identified were, in descendingorder of importance: Discounted/Free CLEs;Sections; and Networking; with CourthouseSecurity Badges and Community ServiceOpportunities close runner-ups. [Thismessage was confirmed in a very real way atour recent Annual Free CLE event, which (bypreacher count) was attended by around 150of our Members.] Further, for 63% of you,TCBA’s CLE is part of your annual CLE plan!

More TCBA social functions and/or membermixers are only attractive to 41% of you. Thismessage is consistent with the relatively lowattendance at our social functions andmember mixers. [To a certain extent, this“message” was a surprise because ofanecdotal popularity of such events aboutwhich TCBA’s leadership has heard fromother associations around the country.]

continued on page 2

A Message From the PresidentD. Kenyon (“Ken”) Williams, Jr.

2 June 2015

93% of you indicated that TCBA sponsors andsupports activities that are important to you.

96% of you indicated that TCBA supports andadvocates for the judicial system and the TulsaCounty judiciary.

98% of you indicated that TCBA offers manyways to become involved.

95% of you indicated that TCBA hasleadership opportunities for any interestedMember.

93% of you indicated that TCBA offersbenefits to all of our Members.

95% of you indicated that TCBA offers qualityservices to our Members.

99% of you indicated that TCBA reflects thepositive values of the profession.

89% of you indicated that TCBA providesvalue for your dues.

You told us that 50% of you are rarely ornever visiting TCBA’s website! [In case you arenot aware of this focus, TCBA has beenworking for the last several years to improveour website and to make it more userfriendly and helpful to our Members.] SinceTCBA’s goal is to make everything fromevent calendaring to general Associationcommunication available through ourwebsite, we interpret this message to meanthat TCBA’s website has a long way to go.

95% of you indicated that you most preferTCBA communication to be by e-mail. [Again,TCBA’s leadership has heard from other

associations around the country thatFacebook and Twitter and other social mediaare the most popular ways of communicatingwith their members.] 25% of you indicatedthat you most prefer TCBA communicationthrough the TULSA LAWYER. [It will beinteresting to see how and if these numberschange as more of our Sections come to relyupon social media for their communicationsand now that the TULSA LAWYER is readilyavailable in electronic form.]

70% of you indicated that your firm pays yourTCBA dues but 78% of you said that you wouldstill be a Member even if your firm did not!

Those responding to the Membership Surveyalso provided helpful input on how toimprove both the Foundation’s Annual LawDay Luncheon as well as the Association’sAnnual Meeting. All of the comments,criticism and suggestions are appreciated andwill be seriously considered as planningproceeds for such future events. [On apersonal and related note, I think that JudgeDaman Cantrell, who was the CommitteeChair, and the Law Week Committee did anoutstanding job this year! I will be surprisedif TCBA does not win the Oklahoma BarAssociation’s award for Best Law Week by acounty bar association this year.]

The demographics of those responding to theMembership Survey are: Mature – 20%;Boomer – 50%; Gen-X – 24%; andMillennial – 6%. 40% of those respondingindicated that they are not involved in TCBA.[In retrospect, possibly we should have asked

for the age group in conjunction with thequestion about involvement so that we couldbetter understand who is not involved. Shouldyou care to review them, the results of theMembership Survey can be sent to you in PDFformat in response to your e-mail request toBethany Lyon.]

You have also spoken directly on a number oftopics and the Association is listening. Oneexample is the Association’s long-standingpolicy regarding renting TCBA’s meetingspaces for Oklahoma Bar Association CLEevents. Historically, TCBA has not rentedspace to the OBA for OBA CLE events. Some ofyou have challenged us to re-visit this policyand we are doing so.

One of my favorite Proverbs is found inChapter 19, verse 20: “Listen to advice andaccept instruction, that you may gain wisdomin the future.” TCBA plans to continue toutilize surveys to seek your advice and to “bestill and listen” to your instruction. Pleasehelp us to gain wisdom regarding how to bethe kind of Association you want us to be.Provide your input through the surveys but donot feel that you have to wait on us. TCBAleadership wants to hear from you and willappreciate your telephone calls, letters,e-mails and social media – even an oldschool, in-person visit!

Thank you for your service!

D. Kenyon (“Ken”) Williams, Jr.TCBA President 2014 - 2015

President’s letter continued

3June 2015

4 June 2015

Sandra Day O’Connor Award for Civics Education

An inaugural award for civics education waspresented at the Law Day luncheon on Friday, May 1,2015. The first-ever award was given by the Law DayCommittee and Tulsa County Bar Foundation to theOwasso 8th grade social studies department. Theaward was designated the Sandra Day O’ConnorAward for Civics Education. The new annualaward will go to the person or persons who havesignificantly advanced the teaching of legal civics inOklahoma schools.

The retired Justice has made it her mission in hercareer off the highest court to improve the quality ofcivics education and knowledge about democracy.Justice O’Connor was in Oklahoma three years ago tosupport OBA President Cathy Christianson’s missionto promote law related education in Oklahomaschools. As CNN reported Justice O’Connor iscrusading in her retirement from the Court to reverse what shesays is an alarming decline in America’s knowledge ofdemocracy and civics fundamentals. Asserting that democracyis not inherited at birth but rather learned in school, O’Connorfounded the educational nonprofit group Icivics to secureAmerica’s governance and prepare the next generation ofcitizens and teachers. The Justice cited an Annenberg PublicPolicy Center national survey showing that only one third ofAmericans could name all three branches of government.

O’Connor continued noting that 2/3 of Americans can namea judge on American Idol but only 15 percent can name theChief Justice of the United States. Reinvigorating the civicmission of public education should be the top priority foranyone concerned about the future health of our governmentand our society, the Justice concluded.

Presenting the Owasso educators with the award, DistrictJudge Daman Cantrell, Law Day Chair, stated “the school thatwe are honoring today does just as Justice O’Connor envisions.For the last eight years, they have celebrated Law Day at theirschool, and we believe they are the only school in the entireState that can say that, and possibly one of the few in the nation.And they just don’t have a short assembly, they conduct sixsessions of hour long programs, inviting lawyers and judges totalk about the Constitution, jury trials, community groups such

as Youth Court, and Cspan videos of the Chief Justice talkingabout the law and our democracy. Two of their teachers givecountless hours of their time coaching the award winning mocktrial team.”

This year the Owasso 8th grade celebrated Law Day on May6th with comments from Bob Redemann, TCBA Law DayCommittee, among others, and watched American BarAssociation videos about the Magna Carta, which was the LawDay theme this year.

The award was presented to Deirdre Hodge, principal, KathyRutherford and Ronda Hatton, teachers, and Dr. Clark Ogilvie,the Owasso superintendent.

At the luncheon, Cantrell noted that “Each year we celebrateLaw Day to reflect and honor the rule of law in our democracy.As the Tulsa World noted in a Law Day editorial, PresidentEisenhower in 1958 said “The world no longer has a choicebetween force and law. If civilization is to survive, it mustchoose the rule of law.”

On every May 1 since, Americans have been asked torededicate themselves to the ideals of equality and justice. Withthe new award, the TCBA celebrates the role that educators playto live up the to the ideals of President Eisenhower’sproclamation.

5June 2015

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Charitable Trust Information

6 June 2015

Many Tulsans remember him as a longtime Tulsa evening newsanchor. His morning coffee crew knows him as “the Sage,” a giftedconversationalist who avidly follows Sooner sports. And more thana few locals remember him coordinating efforts to transform a longneglected mansion on South Peoria into the showplace we know asthe Tulsa Historical Society. Yet few Tulsans know that ClaytonVaughn covered the Tate-LaBianca (“Manson”) murder trial as aLos Angeles anchor-reporter. Clayton hadn’t exactly pursued a career in journalism. A part-

time radio station job arranged by his high school speech teacherin Cushing led Clayton to an eventual position as a radio newsdirector at KAKC, Tulsa’s first rock ’n’ roll outpost. He began histelevision career here at KOTV in 1964, but five years later began athree-year stint as a weekend anchor and reporter at KABC-TV inLos Angeles. While there, he interviewed movie stars such asCandice Bergen and Robert Towne, the writer who scripted themasterpiece 1974 film Chinatown. And Clayton had arrived in LAjust in time to catch a random assignment covering the Tate-LaBianca murders.Charles Manson and his cadre of some twenty-eight groupies,

including co-defendants Susan Atkins, Patricia Krenwinkel, andLeslie Van Houten had lived thirty-one miles northwest ofdowntown LA, on the Spahn ranch where the television seriesLone Ranger was once filmed. Charlie was an aspiring musicianwhose prison guitar tutor was former Tulsan Alvin Karpis of theBarker gang. When the Beatles’ White Album was released in November

1968, Manson claimed Paul McCartney’s song “Helter Skelter" ashis own. Manson predicted “a coming apocalyptic war betweenblacks and whites, during which he and his ‘family’ would liveunderground in the desert.”

1

On the evening of August 8, 1969, Manson urged four of his LSDbesotted groupies to go kill anyone then living at 10050 Cielo Drivein Benedict Canyon, a posh area somewhat comparable to Tulsa’s

Maple Ridge. This was no coincidence. The previous renter was amusician- producer who once refused to give Manson a recordcontract, despite Manson’s referral by Dennis Wilson of the BeachBoys. But now the secluded house surrounded by acres of treeswas occupied by actor Sharon Tate and her husband, film directorRoman Polanski, who was out of town. The five victims that Augustnight included Jay Sebring, writer Wojciech Frykowski, coffeeheiress Abigail Folger, celebrity hair stylist Jay Sebring and StevenParent, a friend of the family's gardener. Tate was stabbed sixteentimes then temporarily hanged alive from the living room raftersafter the killers attempted to terminate her eight and a half monthold fetus. The next evening, Manson sent the same courageous crew out to

kill “somebody rich.” They slaughtered grocery store chain ownerLeno La Bianca and his wife Rosemary for no reason in their homesix miles south of Benedict Canyon and then scrawled “HealterSkelter” (sic) in blood on the refrigerator door. This gave then-obscure assistant district attorney Vincent Bugliosi a descriptivetheme when the trial began in July 1970 and a book title four yearslater. Clayton spent fifteen to twenty days attending the trial, thinking

the entire time that defense lawyers Ronald Hughes and IrvingKanarek might just be as crazy as their clients. Prosecutor Bugliositold Clayton that in a recent unrelated hearing, Kanarek hadobjected when his client had been asked to state his name. Sincethe client had learned his name from his parents, such testimonywould be hearsay, Kanarek argued. And so it was no surprise whenKanarek and Hughes made hundreds of objections and were jailedfor contempt twice.

Security was extensive, since there had been rumors that theManson cultists planned to bust Charlie out of jail. That problemwas solved by putting the entire known Manson family membershipon the witness list. Of course this didn’t stop “the Family” fromprotesting outside the courthouse. Even though the trial judge imposed a gag order on the

defendants, witnesses and lawyers, there were other mediaopportunities. On days when not much was going on, Claytoninterviewed future Presidential assassin wannabe Lynette“Squeaky” Fromme, who could usually be counted on to say

Boss Holmes and the Sage of Sunset TerraceBy Laurence J. Yadon

Although this series usually profiles Tulsa attorneys, an exception has been made for insurance and convenience storemogul Burt B. Holmes and former Tulsa Historical Society executive director Clayton Vaughn, a retired broadcast journalistwho has reported high profile national stories in Los Angeles, New York and elsewhere. Civilians they may be, but each ofthem has unique experience in the legal system.

Part TwoThe Helter Skelter Connection

If these people in Hollywood have to go, so be it.

Reminiscence of Manson “family” member Sandra Good in recent interview

1All quotations not attributed to Clayton Vaughn are from “Charles MansonToday: the Final Confessions of a Psychopath,” Rolling Stone Magazine,November 21, 2013.

7June 2015

something outrageous on camera. Neither Fromme nor the otherMansonites made much sense. Clayton concluded later that theirbrains were simply fried by spending most of their time taking LSD.Since most of the fact witnesses couldn’t utter a coherent sentencethe motivation and background for the killings weren’t reallyestablished during the trial. “The story defied the experiences ofeven the most hard bitten crime reporters.” Clayton recalled. Therewere a few other surprises of course. During one trial delay, thecamera crew Clayton had worked with reconstructed the routefrom the Spahn ranch and found some clothing the killers hadworn at the Tate crime scene.

The following January, about six months after the trial began,the jury convicted Manson and his three codefendants of firstdegree murder. Four months later, the same jury fixed the penaltyas death, which the California Supreme Court declaredunconstitutional in February 1972.

Clayton considers the Manson murder trial unique in tworespects. Unlike the tragically dramatic Oklahoma City bombingwhich was followed by a distinctly uneventful trial, the Tate-LaBiancamurders and trials were both highly publicized news events. And although few outside California knew it, the Tate- La Bianca

murders and the trial that followed created an atmosphere of fearacross LA, from Burbank to the north, down to Long Beach and

from the beaches of Santa Monica to Pomona in the easternreaches of the metro area. This fear was not illogical. According toprosecutor Bugliosi, some twenty-eight other still unsolvedmurders before Tate-LaBianca might well have been committed byManson family members. Today, Manson remains still in prison, “an old man with a nice

head of gray hair but bad hearing, bad lungs, and chipped-and-fractured, prison-dispensed bad dentures.” He walks with a caneand lifts it now, in greeting to his visitors, one of whom is a slender,dark-haired woman he calls ‘Star.” Rumor has it that Manson andStar might marry. Although Clayton never met Manson, during the trial the killer

often tried to make eye contact with the attractive televisionreporter who sat next to him in assigned seating. That would beClayton’s wife Nancy Vaughn, a Tulsa attorney and TCBA member. The Sixties gave us men and women of character, substance and

stature, such as John F. Kennedy, his brother Robert, Martin LutherKing Jr. and Rosa Parks. But it also brought us the vulgar narcissismpersonified by Charles Manson.Some cultural historians tell us that the Tate-LaBianca murder

trial virtually marked the end of the lunatic fringe element withinthe American Counterculture.If only it were so.

8 June 2015

9June 2015

10 June 2015

This past Mother’s Day weekend, I went to Avengers 2 with myhusband and our two grown sons. A lot of people might scoff atthat as a Mother’s Day treat, but I thought it was about the bestthing I could imagine doing. Oh, of course, a cruise on theMediterranean on a luxury yacht would have been nice, butwithin the realm of the possible, an outing to a fun movie was anenjoyable way to spend time with my family.And it reminded me of one of my favorite stories, which is

tangentially related to attorneys and the legal world. I was only anobserver as a member of the Legal Department of one of Tulsa’sbiggest employers back in the days when there were stillvideotape stores. The head of the Legal Department had askeda business executive with the company to give a motivationaltalk to all of the assembled attorneys, legal assistants and staffat a legal retreat, which even included people who had flown infrom other office locations. In preparation for the talk, theexecutive had sent out a short questionnaire to each personasking a few questions, including what your favorite movie was.I was suspicious of this question, but I did answer it(Groundhog Day).When it was time for the executive’s talk, we learned that the

question about favorite movie had indeed been a trap. Welearned that the great majority of us were incredibly boringattorneys because To Kill a Mockingbird was our favorite movie.Then, he picked on a young woman attorney who had put downBlue Velvet as her favorite. He made her stand up, and he madejokes at her expense for several moments while she turned beetred. Next, he tried the same thing on a legal assistant fromoutside Tulsa who had put down Wayne’s World.

This woman was not going to hang her head and lookembarrassed, although we all laughed uproariously at the ideathat someone could name Wayne’s World as their favorite movie.She asked him if she could explain, and she took the microphoneaway from him. She said that several years earlier she and herhusband had been going through a really rough time where theywere constantly unhappy with each other and were generallymiserable with their lives. On a Saturday night, they decided towatch a video at home, and her husband sent her to the videorental store. She asked what he wanted to watch, and he said hedidn’t care as long as it was funny. She looked around the storeand couldn’t decide on anything. The clerk asked if he couldhelp, and she explained that she was looking for somethingfunny. He said that she should try Wayne’s World. She wasskeptical, but he talked her into it.The woman returned to her house, and her husband blew up

at her, ridiculing her for her choice. She said fine, but she wasgoing to try it, and she put the tape in. Her husband stayed in theroom, then he sat down on the sofa with her, and then they werelaughing their heads off together for the duration of the movie.Finishing her story, the woman turned to the entire LegalDepartment and said “Wayne’s World saved my marriage.” It wasone of the funniest, and most poignant, moments I canremember.And, I can’t remember anything the executive said to us that

was supposed to be motivational. So, is this story filled withdeep meaning? I don’t think so. Is it funny? I hope so. Is it trivial?You bet it is. But, maybe it also reminds us that sometimessomething trivial, escapist, and just plain fun is what we need.

The Power of Wayne’s WorldBy Barbara Woltz

11June 2015

Bears Win!The Three Bears prevailed over Gold E. Locks by the slimmest margin. Twelve Riverfield Country Day School

student jurors had to return to jury room deliberations after a first-vote tie. Following the reading of the verdict,Gold E. Locks shook her golden locks and stamped her feet while Pop A. Bear, Mom A. Bear, and Babe E. Bearfist-bumped, smiled, and waved to the audience in celebration. The jury’s decision that Gold E. Locks showed badmanners was carefully and conscientiously reached by the twelve fair and impartial jurors.

The mock trial of Pop A. Bear, Mom A. Bear, and Babe E. Bear,Plaintiffs, versus Gold E. Locks, Defendant was held April 27,2015, in the Tulsa County District Courthouse to celebrate 2015Law Day. Judge David Youll presided over the trial assisted byBailiff Bob Lukenbill and Court Reporter Kemma Hicks. Fifty-four fifth and fourth graders attended the trial with their teachers and chaperones. The

group was welcomed by Vickie Cox, Court Administrator, who discussed accepted courtroomprotocols and expectations. Judge Martha Rupp Carter discussed Law Day and the Magna Cartatheme and the rule of law with the students.

Judge Youll called the case and After voir dire and jury selection, Plaintiff’s counsel, LarryEdwards, called witness Mom A. Bear (Judge Martha Rupp Carter) to testify that her deliciousand nutritious breakfast porridge needed to cool before eating. And so the bears went for awalk in the woods after Babe E. Bear closed the front door to the cottage. Mr. Edwards calledPop A. Bear (Judge Anthony Miller) who testified that upon the Bears’ return, porridge waseaten and various pieces of furniture were used and broken. Plaintiffs’ last witness, Babe E.Bear (Court Reporter Gary Woodson), could not remember if he closed the door to the cottagebut was very sad Gold E. Locks broke his favorite chair and very frightened to find her asleepin his bed.

Defendant’s attorney, M. J. Denman, afforded Gold E. Locks (attorney Sheila Naifeh) a spiriteddefense, asserting the Bears essentially invited his client inside by leaving the cottage door openand tempting her with a delicious aroma of porridge. Gold E. asserted her intention was toremain in the cottage to thank the Bears for the yummy breakfast and the chair must have beenbroken before she ever used it. Mr. Denman also called Gold E.’s mother, Mrs. Locks (VickieCox) to the stand to testify how well-behaved and polite her daughter is. The students’ participation as jurors and observation of the mock trial enlightened them

about Law Day, the rule of law, and how a trial operates.

By Martha Rupp Carter

12 June 2015

13June 2015

14 June 2015

I recently proposed a definition for professionalism as follows:

“Professionalism for judges and lawyers meanspossessing, demonstrating and promoting thehighest standards of Character, Competence,Compliance, Civility and Citizenship.”

This proposed definition was intended to capture concisely allthe core values, attributes and characteristics of the professionallawyer. The term “compliance” was intended to mean that theprofessional lawyer:

1. Complies with all laws, rules and regulations; and 2. Complies with the Rules of Professional Conduct which

govern the legal profession; and3. Complies with generally accepted Standards of

Professionalism.

As so defined, however, compliance without qualification wouldnot permit the professional lawyer to challenge by non-complianceunjust, unfair, unequal or unconstitutional laws, rules orregulations. Compliance without some explanation might evenprohibit professional lawyers from taking actions necessary toprotect their clients. In the extreme, compliance could justifysilence or even affirmative support for corrupt, discriminatory andinhuman laws. Of course, that interpretation was not the intended.

When a law unfairly stifles freedom or interferes with equaljustice for all or discriminates unfairly against persons because ofrace, religion, creed or color or violates other fundamental coreconstitutional principles, non-compliance is not only permittedbut may even be mandated. For example, a law that forces peopleof color to sit on the back row of a public bus should be opposedon equal protection grounds, even in the face of intense publicsupport. Likewise, a law that prohibits marriage between twoconsenting adults of different races should be challenged, eventhough there is virtually unanimous community support for thelaw. A majority does not decide the application of coreconstitutional principles.

Throughout history, lawyers have led the way in opposinggovernment actions which limit or deny basic human rights. Inmany instances, these lawyers were forced to challenge accepted

but misguided social norms through acts of non-compliance. Invirtually all such instances, the lawyers took actions which wereboth selfless and courageous, a few of which are described below.

Sir Thomas More, Chancellor of England and a Catholic,refused to accept the religious mandate from his friend, KingHenry VIII, suffering death rather than compromise his faith.More’s example has helped ensure individual religious freedomfrom government interference for us today. More’s moral andethical struggle was beautifully documented in the movie, A Manfor All Seasons.

Our founding fathers, many of whom were lawyers, revoltedfrom oppression by England, declared the 13 coloniesindependent, established a more perfect union and set the UnitedStates on its present quest of individual freedom and equal justicefor all. Their revolution was the product of many individual actsof courage and sacrifice in the face of extraordinary risks.

In Marbury v. Madison, Chief Justice John Marshall found away to declare an act of Congress unconstitutional, therebyestablishing the principle of independent judicial review overunconstitutional legislative and executive actions. This opinionfaced enormous public criticism and political opposition.

Abraham Lincoln endured almost impossible political andmilitary pressures by outlawing slavery (then the law of the land inmany states), by fighting the Civil War and by keeping the UnitedStates together as one union under God. His legacy was establishedthrough daily acts of courage and self-sacrifice.

In Brown v. Board of Education, Chief Justice Earl Warrenlead a unanimous Supreme Court in overturning the long-helddoctrine of separate but equal, much to the shock, surprise andcriticism of his former political friends. Chief Justice Warren’scourage resulted in disruption and disorder in public educationbut established the greater principle of equality and fairness inpublic education for all.

Many in Congress courageously forged the legislativecompromises required to pass the Civil Rights Act of 1964 at a timeof great civil revolt and unrest. Most of those elected officials werelawyers, and many acted courageously against strong oppositionfrom their party and from the public.

Many US attorneys and state district attorneys courageouslyprosecute allegations of terrorism, public corruption, organized

15June 2015

crime, gang violence and other major criminal misconduct at greatpersonal sacrifice, including even treats of violence against themand their families. Their courage, conviction and perseverance aremonuments to legal professionalism.

Atticus Finch, the fictional lawyer portrayed in To Kill aMockingbird, courageously defended a black man wronglyaccused of raping a while woman in a small Southern town at greatpersonal risk. He models many public defenders and other lawyerstoday who, at great personal risk, defend persons wrongly accusedof crimes.

Other courageous lawyers devote substantial time and effort tothe Innocence Project. They work tirelessly, often against fiercepublic opinion, to free persons wrongly convicted of seriouscriminal conduct, thereby helping to protect all of us fromwrongful prosecution.

Other examples of lawyers who act courageously include: (1)lawyers who refuse to permit their clients to testify falsely; (2)lawyers who refuse to counsel or permit their clients to commitfraud or a crime; (3) lawyers who refuse to assist their clients inwriting and publishing false or misleading disclosure documents;(4) lawyers who represent whistleblowers seeking to preventserious injury and damages to others; and (5) judges, legislators,public officials and individual lawyers who do the right thing forthe right reason, despite enormous contrary public pressures andeven personal condemnation from their superiors, friends andfamily. Evil persists when good men and women remain silent; butindividual lawyers help defeat evil by acting with courage inopposing laws which are unfair, unjust or unconstitutional.

Professionalism requires lawyers to comply with all the laws,rules and regulations which govern our society. However,professionalism also requires lawyers to act with courage inopposing laws which are unjust or which produce illicit results.

My proposed definition of professionalism is incompletewithout a specific reference to the courage of lawyers who protect,preserve and enhance the Rule of Law. These lawyers serve theirclients, sometimes at great personal sacrifice and often exposingthemselves and their families to serious risk of harm.Consequently, my proposed definition of professionalism needs tobe modified to read as follows:

“Professionalism for judges and lawyers meanspossessing, demonstrating and promoting thehighest standards of Character, Competence,Compliance, Civility and Citizenship.” [EmphasisAdded.]

Virtually every lawyer will, at some time during his or hercareer, be faced with ethical challenges where compliance with thelaw could produce an unjust result. Our profession encourages alllawyers to act with courage, when the cause is just, despite intenseopposition to the contrary. We honor the courage and sacrifice ofthose lawyers who stand against unfair discrimination and againstenforcement of unequal or unconstitutional laws. Their couragemodels professionalism in action.

Law Related Education Committee

The Law Related education committee hopes to send a letter to every school in Tulsa County andby next year, provide an attorney speaker at least once in every high school. A contact list wascompiled this past year and the letters should reach the correct person before the next schoolyear starts so that teachers have the opportunity to schedule according to their needs.

The Law Related Education Committee is also available to provide speakers to community groups.If you are aware of any groups looking for a speaker, please contact the Tulsa County BarAssociation so a speaker can be scheduled.

918-584-5243www.tulsabar.com

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19June 2015

Paralegal ProfileCasey O’Connor

Casey O’Connor, a member of the Paralegal Section, comes froma family with roots in the Tulsa County Bar Association andfollowed a varied career path before becoming a paralegal.Graduating from OSU-Tulsa in 2009 with a Bachelor of aArtsdegree in Liberal Studies, she worked as a teacher’s assistant, aninsurance CSR, and a law firm receptionist. She completed thepost baccalaureate paralegal certificate program at the Universityof Tulsa in 2012 and earned her Certified Paralegal credentialfrom the National Association of Legal Assistants a few monthslater.

Casey worked for a solo practitioner in family law before settlingat her current position one year ago as a paralegal with the Best& Sharp law firm. She works with ten attorneys and enjoys thecollaborative process of working with the firm’s other paralegals.Although the firm is an insurance defense firm handling medicalmalpractice cases, Casey’s caseload is primarily municipal lawcases in federal court. She assists attorneys in defending smallOklahoma municipalities in wrongful termination, discrim-ination, excessive force and wrongful arrest suits.

Casey enjoys the variety of factual situations in municipal law,which appeals to one of her strengths: her curiosity. Her love forinvestigation and research is a valuable asset in researchingpotential witnesses and has led her to develop a habit of checkingthe Tulsa Police Department’s daily blotter for the previous day’sarrests. This has often led to useful information in her work. Sheenjoys being “behind the scenes.”

On the morning of March 7, 2012, Casey had just emerged fromthe underground parking area at the Tulsa County Courthouse andwas starting across the plaza between the courthouse and theCentral Library on her way to file some documents when a manapproached her and told her not to go any closer to thecourthouse because a man with a gun was on the plaza. She waspulling out her phone to call the police when she saw the armedman begin firing at the sheriff’s deputies that had come out of thecourthouse. Casey ducked to the ground behind a concrete walldivider where she was out of the line of fire. She gave a written

statement to the police but was not called to testify. The terror ofthe situation did not fully hit her until about an hour after it wasover and she had left the area, when she realized how close shehad been to walking into danger.

As a result of this experience, Casey has a new and betterunderstanding of how eyewitness accounts are not always themost accurate account of an incident. She had always believedthat she would be able to give a great witness statement if she wereto witness a crime. However, since the courthouse shooting, shenow understands that the surge of adrenaline and high stress insuch a situation can make it difficult to accurately rememberdetails. Casey was surprised to find that her description of theshooter differed somewhat from the photos she saw of him insubsequent news reports. This incident has given Casey real-lifeexperience that she applies to her paralegal work.

When she is not working, Casey spends her spare time caring forher dog Penny, a lab mix, as well as cooking, trying out newrestaurants in the downtown area, traveling, honing her cardgame skills, target shooting, and playing on the Best & Sharpsoftball team. Her father is Patrick O’Connor, a past president ofthe TCBA.

Casey is currently a member of the National Association of LegalAssistants and the Tulsa County Bar Association.

20 June 2015

21June 2015

22 June 2015

If you go to ”The RobingRoom” website, a site with ratingsfor judges, you will get the

perfect summary of this quarter’s Golden Rule Award recipient, TheHonorable Carlos Chappelle:

“Hard worker, good temperament, fair and even handed. Whatmore could you ask for.” Really, what more could you ask for? The sonof one of Tulsa’s most prominent ministers, Rev. T. Oscar Chappelle,Carlos first was known as a silky smooth basketball player, all-statefrom Tulsa Central in 1969, when Central won the state title. Hereceived a scholarship to OU to play basketball, but after a year,decided he was going to spend his college years studying, not playing.In the history of Oklahoma there were two great basketball playersnamed Carlos, Gripado (TU) and Chappelle.

He grew up the younger son of the Minister who was famed for hisannual sermon, “Blues in the Night,” first given when he was Dean ofthe Langston University School of Religion, in 1939, and, until hisdeath, repeated annually as Pastor of Morningstar Baptist Church, aTulsa institution. His older brother, Thomas, succeeded his father aspastor at the venerable church. The Chappelle family has a long historyof prominence in Tulsa.

Judge Chappell took a different track from his father and his olderbrother, pursuing instead, a life in the law--a life he has loved andembraced these many years. He had a very successful career as anentrepreneur, according to James Goodwin, longtime Tulsa lawyer andformer mentor to Judge Chappelle, as well as to Judge GordonMcAllister and Judge Jesse Harris. Goodwin recalls appearing beforehis former law clerk many times in the Court. He remarks that he hassuch appropriate judicial temperament, befitting his position. “He isalways prepared, always well read. You don’t have to refresh hisrecollection like you do for some judges.” Goodwin says that the Judgehas always been fair in dealing with his cases, showing no favoritism tohis former mentor. “I have won some and I have lost some.”

The Judge’s intelligence and wisdom virtually guaranteed him asterling career in the law, and he collected on that guarantee. Hesuccessfully practiced law, handling matters from many differentdisciplines of the law, carving out a reputation as a thorough, intenseand highly ethical practitioner.

He formed a partnership with David Cole, another young lawyer inJim Goodwin’s office, and, as Cole recalls, “We would sit there lookingout the window from our office, just hoping against hope that a clientwould walk in.” Cole recalls that Judge Chappelle in his early days wasa soap opera aficionado. Cole said he would return from court “andCarlos and the office staff would be huddled around the televisionwatching ‘All My Children.’ ” Cole and Chappelle practiced togetherfrom 1982 through 1991, when Judge Chappelle became a specialjudge and began his judicial career.

He has been a great influence on his nephew, Danny Williams, nowthe U. S. Attorney for the Northern District of Oklahoma. WhenWilliams was a youngster, Judge Chappelle would take the teenagerwith him to Court, to attend hearings and meet the judges. He recallstelling his uncle that “someday it will be Chappelle, Cole and Williams.”“He has been my confidant, and while he is my uncle by blood, he ismore like my big brother. I have never made a major decision in mylife without going over the situation with him.”

Williams recalls his uncle telling him that his judgeship was” thebest job I have ever had.” He also recalls Judge Chappelle telling him:“This is the people’s court. I work for the people. They will always geta fair shake, win or lose.” Williams’ love and admiration for his uncleis obvious and uplifting.

It has been as a member of the Judiciary where the Judge beenexceptional, rising from a special judgeship to become the PresidingJudge for the 14th Judicial District in January, 2014. Newspaper reportsfrom the time announced that he was the first Black Presiding Judge.That is factual, but leaves so much of the story out. The TCBA honoredhim with an event in February of 2014, that was filled to overflowing--revealing again the incredible respect there is for this kind andcaring Judge.

His successor, Judge Rebecca Brett Nightingale, can regale you withher stories about a man she says that she feels blessed to know and tohave known in varying facets, from appearing before him as a lawyer,to working with him as a Special Judge, District Judge and finally herPresiding Judge. She particularly treasures those opportunities where,she reports, that she was frustrated, feeling down or just needing somegood counsel, and she would wander into his always immaculateoffice. “Judge Chappelle has always had such a peace about him, sucha welcoming smile and spirit. A little time with him and my frustrationsdisappear.”

Court of Appeals Judge Jane Wiseman, a longtime colleague on thetrial bench, praises his even tempered, civility and fairness to everyonein the process. The litigants and the lawyers, from both sides, knowthey will always receive fair treatment. She particularly is taken with hisremarkable, “judicial temperament.” Allowing that some jurists mayhave a bit of “Black Robe Fever,” she notes that Judge Chappelle nevergot caught up in that. “He is a gentleman, always wanting to do the bestfor everyone,” she added.

She recalls that during her days on the trial bench, Judge Chappellebecame a constant bright light in her day and in her life. “When I wason the trial bench, he would see me, break into that phenomenal smileand put his arm around me, telling me I was his favorite Judge. Ofcourse, I am sure he told that to all of us;” but, she added, it wouldreally brighten your day.

Another “Robing Room” quote virtually echoes what his judicialcolleagues say about Judge Chappelle: “He is a credit to the bench.

3rd Quarter Golden RuleThe Honorable Carlos Chappelle

23June 2015

Smart, fair and knowledgeable. A pleasure to practice before.”Compared to some of the exceptionally negative lawyerly commentsregarding judges made on that web site, you nearly expect that JudgeChappelle regularly walks on water.

This writer has known Judge Chappelle since the very early 70’swhen he moved into a Gilcrease Hills townhouse across the drive frommy parents’ townhouse. I was selling those while working my waythrough TU law school. I was stunned from the first minute with thatremarkable twinkle in his eyes, his awesome grin, and his verysardonic sense of humor. He called me “Jedge” in those years, neverexpecting me to return the favor on those occasions I was privileged toappear before him…the smile, twinkle and wit still uppermost evenwhile presiding over my case. He makes you feel comfortable,confident and overjoyed that this is your judge. The same reaction myopponents always have.

During his stay in the townhouse in Gilcrease, he was a regularvisitor to my folks, brightening their days when he dropped by for avisit. His concern and consideration for my aging parents wasincredible and comforting to me. My mother, a woman her brothers-in-law called the Gunnery Sergeant for her tough demeanor, alwaysbrightened when recounting a Chappelle visit. To her, he was the “finest

young man I have ever known.” High praise indeed. She always lookedforward to her next visit with him.

Judge Wiseman characterizes Judge Chappelle as a majorcontributor to the entire Tulsa community, a beacon in the cause ofjustice to this community. Judge Nightingale has long admired hisability to exercise his great sense of timing. “As our Presiding Judge hehas had a great sense of timing. Knowing when to act, and knowingwhen to let things simply rest and resolve themselves. I hope to be ableto learn to address things like Judge Chappelle, addressing them whenthey need to be addressed, and not before.”

Judge Chappelle has countless admirable traits. He has always hada great sense of timing, he has been a very strong and reliable leaderfor the 14th Judicial District judiciary. He is, as Judge Nightingale saysadmiringly, “So dedicated.” He also has long been famous for hisremarkable storytelling, spinning his clever, funny, even poignantstories with his characteristic wit and kindness.

But for all his many admirable qualities, those of us who know himfinally point to his greatest gift: Wisdom. It is his wise, fair, evenhanded,cheerful treatment of all who appear in his court that make him theideal recipient of the “Golden Rule Award.”

24 June 2015

25June 2015

26 June 2015

Kalan Chapman Lloyd is proud to offerthe revamped release of Home Is Where YourBoots Are, the first in the series TheMisAdventures of Miss Lilly, hitting shelveson May 19, 2015.

Set in fictional Brooks, Oklahoma andbased loosely on the author’s hometown ofTahlequah, Oklahoma, The MisAdventures ofMiss Lilly is a vibrant kaleidoscope of stories

with a sassy edge, a southern vibe and a smart, scrappy rebel of aheroine. Home Is Where Your Boots Are follows attorney Lilly Atkins’return to her hometown on the heels of a broken engagement. TheMidwest Book Review says Home Is Where Your Boots Are is“[chick-lit] with Southern spice…entertainment reading at its best"and Kirkus Review says, "[f]eaturing a heroine worth accompanyinghome, this punchy debut begs for a sequel."

Author Bio: Kalan Chapman Lloyd is an attorney and authorcurrently residing in Tulsa, Oklahoma. Kalan grew up in the smalltown Tahlequah, OK. She attended Oklahoma State University and theUniversity of Tulsa College of Law and has been a member of theOklahoma Bar since 2008.

Her first novel, Home Is Where Your Boots Are is the first in theseries The MisAdventures of Miss Lilly. The first edition of Home IsWhere Your Boots Are was a finalist in the Amazon BreakthroughNovel Awards, and spent several weeks at No. 1 on the Literature andFiction list of Lulu.com. It is set for re-release in 2015. Her second inthe series, These Boots Are Made For Butt-Kickin’, is due out inJune 2015.

_________ Q __________

Savage O’Donnell Affeldt Weintraub& Johnson is pleased to announce thatAdam Scott Weintraub has completedtraining in “Mediating the Litigated Case” atPepperdine University’s Strauss Institute forDispute Resolution. In addition to mediatinglitigated cases, Mr. Weintraub is available forpre-litigation mediation and will also mediatematters involving unrepresented parties.

Mr. Weintraub has been selected as one of Tulsa’s Top Lawyers,holds an AV rating from Martindale-Hubbell, and has for 10 years

appeared on Wednesday mornings on Tulsa’s Mix96 for What’s YourProblem Wednesday. Sunday evenings Mr. Weintraub takes the air forWhat’s Your Problem Weekend on KRMG.

_________ Q __________

Crowe & Dunlevy recently named Mark A. Craige, Matthew B.Hickey, Elizabeth Ann Scott, Thomas B. Snyder, and Mary EllenTernes directors of the firm.

Craige is a director in the firm’s Tulsa office and a member of theBankruptcy & Creditor's Rights practice group. He has been engagedin private practice since 1982 and has focused on bankruptcy,insolvency and commercial litigation for more than 30 years. Craigehas been board certified in business bankruptcy law by the AmericanBoard of Certification since 1992. He received his Juris Doctor fromthe University of Tulsa College of Law.

Based in the firm’s Oklahoma City office, Hickey is a director anda member of the Taxation, Private Wealth & Closely-Held Business,Nonprofit/Charitable Foundations and Employee Benefits & ERISApractice groups. He assists a variety of business and individual clientswith tax, transactional, wealth-transfer, tax-exemption and retirementplan issues.He obtained his Master of Laws in taxation from the NewYork University School of Law and graduated with highest honors fromthe University of Oklahoma College of Law.

Scott is a director in the Oklahoma City office and member of theAdministrative & Regulatory, Healthcare and White Collar, Compliance& Investigations practice groups. Her primary focus includesadministrative and regulatory law and healthcare litigation. Prior tojoining the firm, Scott served as an Assistant Attorney General inOklahoma. She received her law degree from the University ofOklahoma College of Law and has bachelor’s degrees in accountingand economics from Oklahoma State University.

Snyder is a director in the Litigation & Trial and White Collar,Compliance & Investigations practice groups in the firm’s OklahomaCity office. His practice includes managing complex business litigationwith substantial experience in white collar criminal defense andinvestigations involving state and federal environmental laws,healthcare fraud, False Claims Act defense, anti-corruption, moneylaundering and related civil and administrative proceedings. He is aformer assistant U.S. attorney (AUSA) for the Southern District ofCalifornia in the General Crimes Division and received his Juris Doctorfrom Harvard Law School and his bachelor’s degree in philosophy,magna cum laude, from Baylor University.

Ternes is a director in the Oklahoma City office and a member ofthe firm's Environmental, Energy & Natural Resources and Litigation& Trial practice groups. She has more than 30 years of experience,first as a chemical engineer in site remediation, hazardous waste andair permitting, and then as a lawyer advising clients on matters ofenvironmental permitting, compliance strategies, enforcementdefense, environmental assessments, voluntary cleanup practices,environmental impact statements, as well as federal and statelitigation. She received her Juris Doctor with high honors from theUniversity of Arkansas at Little Rock and her Bachelor of Engineeringin chemical engineering from Vanderbilt University.

Grapevine

27June 2015

Monroe & Keele, P.C. is pleased toannounce that Natalie S. Sears has joined ourfirm as an associate attorney. Ms. Sears hasserved our clients as a legal intern since Aprilof 2014. She was admitted to the OklahomaBar in April 2015 after graduating from theUniversity of Tulsa College of Law in December2014 (J.D.) and the University of Oklahoma in2011 (B.A., Magna Cum Laude).

Ms. Sears’ primary practice areas include criminal defense, family &domestic law, and general civil litigation. She also provides probate andestate planning services. She is currently a member of the OklahomaState and Tulsa County Bar Associations. She is also a member of theProbate and Estate Planning Section of the Tulsa County Bar Association.

_________ Q __________

Hall Estill Associate TamiHines was honored by theAmerican College of ConsumerFinancial Services Lawyers(ACCFSL) during its 2015 annualmeeting as a winner of its AnnualWriting Competition. Each year theACCFSL seeks to recognize writtencontributions to the field of

consumer financial services law. Hines is the winner of the studentcategory for her article, MERS: Sometimes Agent, Sometimes Principal,Often Misconstrued.

“Ms. Hines has proven to be an outstanding addition to our team,”Michael E. Smith, senior board member in Hall Estill’s Oklahoma Cityoffice, said. “Her academic success and scholarly work continue to be

recognized by the legal community. Her knowledge and expertise aretremendous assets to the firm and our clients.”

Hines’ award included a trip to the San Francisco ceremony and acash prize. Ms. Hines joined Hall Estill after graduating fromOklahoma City University School of Law in 2014. While in law schoolshe was the editor-in-chief of the Oklahoma City University Law Reviewfor the 2013-2014 academic year and a William J. Holloway AmericanInn of Court student member.

Founded in 1996, the ACCFSL is a professional association oflawyers particularly skilled and experienced in handling consumerfinancial services matters and dedicated to the improvement andenhancement of the skill and practice of consumer financial serviceslaw and the ethics of the profession. The College brings together intoan association qualified members of the profession who, by reason oftheir character, skill and ability, will contribute to theaccomplishments and good fellowship of the College.

_________ Q __________

Joseph H. Paulk, Oklahoma attorney and President of DisputeResolution Consultants, presented a keynote speech entitled “Value” to theAssociation of Attorney Mediators in New Orleans, LA on May 1, 2015. Thenational meeting presentation highlighted results from surveys conductedover several months by Mr. Paulk and his staff into what mediationparticipants truly value in mediation. A cross-section of mediationparticipants – attorneys, corporate representative and national claimsprofessionals -- provided fascinating insight into understanding what theyvalue in mediators and the mediation experience. In addition to Paulk’sADR practice, he has also taught at the University of Tulsa and Universityof Arkansas law schools and is an author and frequent speaker onmediation and trial consulting.

DISPLAY ADVERTISING: Contact accounting@tulsabar.com , or visit our website www.tulsabar.com to download the rates & advertising guidelines.

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28 June 2015

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Building Our Future June 2015