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Professionalism for judges and lawyers means possessing, demonstrating and promoting the highest standards of Character, Competence, Compliance, Courage, Civility and Citizenship. July 2016
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Tulsa Lawyer Magazine July 2016

Aug 04, 2016

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Page 1: Tulsa Lawyer Magazine July 2016

Professionalism for judges and lawyers means possessing, demonstratingand promoting the highest standards of Character, Competence,

Compliance, Courage, Civility and Citizenship.

July 2016

Page 2: Tulsa Lawyer Magazine July 2016
Page 3: Tulsa Lawyer Magazine July 2016

Tu

lsa

Law

yer

July 2016

Page...

27 Grapevine 31 Classifieds

In this Issue

4 Message from A Past President... July Trivia

2Submission

Guide

72016-2017ElectionResults

8Capital

Campaign

11YLD

Softball

17Date and Do Good

18Golf

Review

20ThingsTo Do

22Leroy

& the Judge

12 Liberty Bell Award Julie DelCour

24 Court Martial: A Story of Viet Nam

Page 4: Tulsa Lawyer Magazine July 2016

The Tulsa Lawyer is a full-color monthly publication of the Tulsa County Bar Association and is distributed toits membership of over 2,100 attorneys, Tulsa County Courthouse, the Law Library, the Oklahoma BarAssociation and all advertisers.The Tulsa Lawyer accepts advertisements for products or services that have an existing or potential market in the Tulsa Legal Community. Space reservations may be requested, but no guarantee of ad placement can be made. The Tulsa Lawyer reserves the right to reject any advertisement.

SUBSCRIPTIONS• Subscriptions are available for $40.00 a year for those

who are not Tulsa County Bar Association members or advertisers.CLASSIFIED ADS• Classified ads are accepted at a charge of $35.00 for 40

words and .25 cents for each additional word.• You can add a small picture or color logo for $10.00.DEADLINE FOR SUBMISSIONS• The deadline for submitting advertisements is 5:00 PM

on the 10th of the month preceding publication.• Example: Oct 10 for the Nov issue) Ads accepted after

this date will be published if space and time allow.PAYMENTS• Due upon receipt of invoice. Please make check pay-

able to TCBA.• Credit card payments can be made at our website www.

tulsabar.com a small convenience fee will be charged.

Advertising Rates - Please visit www.tulsabar.com or contact TCBA at 918-584-5243 for ad sizes & rates.

Submit: Send files to [email protected]

PRODUCTION REQUIREMENTS

Preferred Material: Digital files are preferred.Four-color CMYK film is acceptable but file must be built to the correct ad dimensions.

We cannot accept ads in the following formats: Microsoft Word, Publisher, Powerpoint or Corel Draw.Black only ads can be submitted as camera-ready copy.

File Formats Accepted:Color ads: All digital files must contain only CMYK data. No RGB or any other color space accepted.

Files must have a resolution of at least 300 dpi. Files will be output with a line screen of 133.

The following are acceptable formats. Keep in mind, printer will not be able to make corrections in these formats:

1. CMYK or grayscale EPS All fonts must be outlined.2. CMYK or grayscale TIFF3. PDF 1.4 or lower version (Write a postscript file and use Acrobat Distiller to make PDF file; do not use an export PDF plug-in within program to make PDF. Distiller must be set up for 300 dpi, CMYK output.) 4. Fonts must be embedded.

The following formats are also acceptable. All fonts and artwork must be provided along with page layout file. Printer will be able to make minor corrections if necessary:

1. QuarkXpress 6.5 or lower (PC or Mac version)2. Illustrator CS2 or lower (PC or Mac version)3. InDesign CS2 or lower (PC or Mac)Pagemaker 7.0 or lower (PC or Mac version)

Black and White ads: Files must have a resolution of at least 200dpi.

If you are not familiar with the technical terms above, please feel free to call or email for clarification – Jody at [email protected] or 918-584-5243 ext 240.

If staff assistance is required or requested to prepare any display advertisement there will be an additional“set-up” charge at $40 per hour, with a 1 hour minimum. This includes attempting to rearrange existing layout of an ad submitted.

All advertising must be accompanied by a written request including:

• Ad size• Number of insertions and dates• Position preference• Full name & mailing address• Contact full name & address• Magazine mailing address

Tulsa lawyer MagazineOfficial Publication of the Tulsa County Bar Association

Do you own a business? Service or retail?Advertise with us and target your customer base!

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Tulsa Lawyer 3

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E. Zach Smith

4 Tulsa Lawyer

A Message From the President

From Deirdre Dexter, July 2010 ...

The information included here come from www.purpletrail.com. I’m sure we all remember that the Declaration of Independence was approved by the Continental Congress on July 4, 1776, and that thereafter the 13 colonies embarked on the road to freedom as a sovereign nation. Do you remember, from history lessons of old, who served on the committee which was formed to compose the Declaration of Independence? It was led by Thomas Jefferson and included John Adams, Benjamin Franklin, Philip Livingston and Roger Sherman. (I must admit I remember the first three, but not the last two!) There are so many facts about the 4th of July that are ingrained in our memories, I wanted to see if I could find some that are not so well known.

So here goes:

• Independence Day was first celebrated in Philadelphia on July 8, 1776.

• The Liberty Bell sounded from the tower of Independence Hall on July 8, 1776, summoning citizens to gather for the first public reading of the Declaration of Independence by Colonel John Nixon.

• The word ‘patriotism’ comes from the Latin patria, which means ‘homeland’ or ‘fatherland.’

• The first public Fourth of July event at the White House occurred in 1804.

• The first Independence Day celebration west of the Mississippi occurred at Independence Creek and was celebrated by Lewis and Clark in 1805.

• Both Thomas Jefferson and John Adams died on Independence Day, July 4, 1826.

• The names of the signers of the Declaration of Independence were withheld from the public for more than six months to protect the signers. If independence had not been achieved, the treasonable act of the signers would have, by law, resulted in their deaths.

• Thomas McKean was the last to sign the Declaration of Independence in January, 1777.

In lieu of a President’s Letter and tocelebrate the Fourth of July we are sharing with you some fun facts & quotes that originally appeared in the July 2010 issue of Tulsa Lawyer as part of then President Deirdre Dexter’s article.

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This trivia should come in handy at your July cookouts!

Tulsa Lawyer 5

• In 1941, Congress declared 4th of July a federal legal holiday. It is one of the few federal holidays that have not been moved to the nearest Friday or Monday.

And just for fun here are some additional facts for those who love trivia:

• Thirty places nationwide with “liberty” in their name. Liberty, Missouri boasts the highest population of the 30 at 26,232. Iowa has more of these places than any other state at four: Libertyville, New Liberty, North Liberty and West Liberty.

• Eleven places have “independence” in their name. The most populous of these is Independence, Missouri, with 113,288 residents.

• Five places adopted the name “freedom.” Freedom, California, with 6,000 residents, has the largest population among these.

• There is one place named “patriot” — Patriot, Indiana, with a population of 202.

• And what could be more fitting than spending the day in a place called “America”? There are five places in the U.S. with “America” in the name, with the most populous being American Fork, Utah, with 21,941 residents.

Last but not least, some great quotes I found (these are the ones from the web site that had the horrible virus, so I don’t recommend searching by the author’s name). The first one I liked so much I added it as my

“signature” on my personal e-mail! All quotes are from Bertrand Russell (1872-1970), British author, mathematician and philosopher.

• It is a waste of energy to be angry with a man who behaves badly, just as it is to be angry with a car that won’t go.

• A stupid man’s report of what a clever man says can never be accurate, because he unconsciously translates what he hears into something he can understand.

• If there were in the world today any large number of people who desired their own happiness more than they desired the unhappiness of others, we could have paradise in a few years.

• The whole problem with the world is that fools and fanatics are always so certain of themselves, but wiser people so full of doubts.

• The time you enjoy wasting is not wasted time.

Happy Fourth of July from your TCBA Staff!Kevin, Bethany, Julie, Jody & Milly

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We have 8 teams participating this year including: Riggs Abney, Franden Farris, Rodolf & Todd, Conner & Winters, Pray Walker, Atkinson Haskins, Newton O'Connor, and the Tulsa County District Attorneys. Games are played Wednesdays and Thursdays at Heller Park.

Young Lawyers Softball League

Come on out and watch the fun!

For more information contact Daniel Levy at [email protected]

Page 14: Tulsa Lawyer Magazine July 2016

TCBF 2016 Liberty Bell Award Julie DelCour

JulieDelCour

The Tulsa County Bar Foundation Liberty Bell Award recognizes those outstanding non-lawyers in our community who, through their service, promote a better understanding of the rule of law, respect for law and the courts, stimulate civic responsibility, and contribute to good governance of our society. For over 40 years now, the Liberty Bell Award has recognized those individuals and groups whose efforts stand out to bring a deeper knowledge and understanding of the law, the courts and our government to the public and inspire the community. The TCBF proudly presents the 2016 Liberty Bell Award to Julie DelCour for her 43 years of journalism and service in bringing the rule of law to the public.

MT: How did your early life and career experience contribute to your understanding of the rule of law?

JD: I grew up near Ft. Leonard Wood, Missouri, and it was a small town of Army and military-affiliated people. My father was in law enforcement, so the community and my home life firmly established the rule of law at home. After attending the University of Missouri to earn my degree in journalism, I started working for the Springfield, MO newspaper covering the county government. I moved to St. Louis, working in communications for a company before returning to the news with the St. Louis Post-Dispatch. Then, I moved to Tulsa in 1977 with the idea I would attend law school, and I started working for the Tulsa World, where I met my husband, U.S. Magistrate Paul Cleary, who was also a reporter. I decided to stay in journalism, and, in 1979, I began covering the State District Courts.

MT: How has your life’s work impacted your personal life, your children?

JD: I’ve always been proud to say what I did for my career. Work has been my hobby for 43 years, and I’ve loved every minute of it. You have to be curious and observe what’s going on around you. My husband and I worked to instill in our kids to be interested in what’s going on around them in the community. I enjoy my family time, reading, cooking, travel, music, and, even though I retired in March, I still find myself attending speaker programs and looking at things like a journalist, taking notes on a cocktail napkin to get the story.

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MT: Where does validity in journalism come from now?JD: Journalists must work double duty to investigate

and build reliable sources. Compare the TCBF’s 2015 Liberty Bell Award recipient Bill Braun to a blogger. Bill worked tirelessly in dedication to research his work and find sources. In 1980 when I came off covering the State Courts, Bill took up that beat and covered it for the next thirty years. The Tulsa World has a great staff of journalists who have contributed to the public understanding of the rule of law, the courts and government.

MT: Throughout your exploration of the law in society, where have you found that you’ve changed your position?

JD: The Death Penalty. In my career, I’ve covered four executions, including OKC bomber Timothy McVeigh. When you have a situation like we did with Clayton Lockett, you have to ask “can we do it right?” The death penalty and the execution protocols are very specific, and when someone makes a decision to deviate and substitute the drugs used in an execution, then we’re not following the rule of law. We need to take a step back and thoroughly examine how we execute people in Oklahoma.

MT: How do you see the public’s level of respect for the law and the courts?

JD: I believe that education about the courts and government is an important part of the opinion and editorial writing in a newspaper. The courts are a microcosm of our society. I believe that at some point we all visit there, whether as a litigant, a victim or a family member of someone going through the legal process. The public

wants reliability in the courts and government, and it takes significant effort to change the perspective. Oklahoma’s judicial reform grew out of the scandals and corruption that pervaded the system over 50 years ago. Now, we’re at risk of dismantling all the work done to restore the checks and balances between our branches of government. This comes out of legislative anger with the Oklahoma Supreme Court overturning the bills that violate the 1-subject rule of the legislative efforts.

MT: Why does it seem that we have such a tension between the legislature and the courts these days?

JD: Part of it stems from our term limits, resulting in a turnover of experience in our legislature

We get people in for twelve years, and, just when they get the experience and knowledge

By Michael P. Taubman

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14 Tulsa Lawyer

of how to effect change in the system, we move them out. It’s not all bad, but this can lead to government by greenhorn, constantly re-learning how legislative action impacts the public. We lose people who understand the basic tenets of government, such as funding public education. The end result is that the legislature doesn’t adequately fund services like the courts and increases fines and fees on the public. This undercuts the public’s ability to access the courts, leading to a perception that access to justice is only available to those who can afford it.

MT: What effect has the explosion of talk radio, bloggers and Internet journalism had on the public’s perception of the courts, law and government?

JD: People go in skeptical, reinforced by the broad coverage we see today such as in the very recent California rape punishment controversy involving Stanford University. There are many doubting Thomases out there who think that’s systematically going to happen here too. Things that are not journalism contribute to the diminished impact and respect for the rule of law, the courts and the government. Journalism requires critical thinking, but, by and large, much of what people tune into or read today on talk radio and the Internet is driven to provoke controversy and generate conversation. People turn to those things that affirm and reinforce our predisposed beliefs.

MT: It’s hard to pick out just one piece you’ve written in 43 years of journalism as “THE ONE”, but is there a series that you’re most proud of?

JD: Coming back to full-time at the paper after my husband and I had our kids, Bill Braun was covering my former State Court beat. The Oklahoma City Bombing led to 16 hour days for 3 years. People forget that there was not a court case for 9/11 like there was for OKC. It was the largest crime scene, with some 40,000 pieces of evidence to sort through, 10,000 exhibits and

thousands of pages of legal briefings. People at the Tulsa World would get frustrated with me tying up the fax machine with getting pleadings that were a hundred pages long. Midway through my career and being a middle-aged mother with 3 young kids, I never expected to be given the opportunity to cover such a variety of stories in one setting. It challenged me. Reporting that case included writing about victim’s rights, the ability of those family members to watch the proceedings remotely and going to Denver. I lived in Denver for nearly 14 months during that time. I recall being at the first hearing for McVeigh at El Reno, OK, with the NY Times, the LA Times, USA Today, and the Daily Oklahoman. That story was vital to the public’s interest, and I think I wrote 500 stories to explain how our government, the courts and the rule of law played out in that tragedy.

MT: During your time on the editorial board, how did you expose the public to the courts, government, and the law?

JD: After the OKC Bombing series, I moved to the opinion section for the next 18 years. I continued to write about our government programs that were chronically underfunded. Programs promised but never fulfilled, such as prison reform, substance abuse and mental health treatment. To move the needle and to get change takes writing about it many times. Journalism’s role in government is two pronged. First, we gather information to let the people know a brief history about the candidates. Second, we question to expose the issues. In my time on the editorial board, the most agonizing opinion writing could be the endorsement of candidates for District Court Judge because it’s difficult to predict how the facts of a future case may impact their decision making. The pool of candidates for elected office today are no better or worse than in years past, and, for the most part, better in my opinion.

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On April 28, over 100 people attended Tulsa Lawyers for Children’s inaugural “Date and Do Good” at 624 South Boston. Chef Justin Thompson of 624 Kitchen and Catering, outdid himself with an expansive buffet. In a romantic atmosphere created in large part by the dulcet tones of Olivia Duhon, couples danced, reconnected with their significant others, and networked. The evening proved so lovely Elizabeth Hocker, TLC Executive Director had to enforce a curfew of sorts, as couples didn’t want to leave!

Most importantly, the event raised funds to support the volunteer lawyers who represent the most vulnerable in our society - abused and neglected children. When asked to sponsor the event, Mr. Ed Lindsey of Lindsey Law Firm provided the support needed to make the evening a success. He generously underwrote the cost of the evening, so everyone’s ticket was 100% tax deductible.

Involvement with TLC has proven a natural fit for Mr. Lindsey and his firm. Several years ago, he made the decision to “adopt” a local charitable organization, and TLC provided the perfect match given the firm’s primary practice areas— family law, criminal defense and civil litigation.

“The deprived child docket entails all three of those areas of the

law at different junctions. I’ve done some work in juvenile court over the course of my career, mainly representing parents, so I have actually seen the TLC lawyers in action—back 20 years ago when Anne Sublett started doing it! In my criminal defense work, I’ve dealt with cases involving children, and I’m a father, too. So it was a natural fit—what other local charity is so intertwined in our legal system?” Deborah Perdue, Mr. Lindsey’s associate, volunteers representing children with TLC and often lends an invaluable hand to TLC events as well.

As a successful businessman, Mr. Lindsey offers a model to instill and reaffirm the altruism at the core of the legal profession:

“I think law firms should ask associates to volunteer time on cases dealing with the actual human side of broken family systems and far removed from billable hours. Doing so brings home the fact, as lawyers we try to help people through their dilemmas and problems.”

TLC’s “Date and Do Good” EventEd Lindsey and the Impact of Volunteering

Pictured above:Ed Lindsey’s daughters, Tara Bringham & Isabel

Lindsey, his mother Sarah Lindsey-Addington and niece, Allison Christian.

Page 20: Tulsa Lawyer Magazine July 2016

Annual Golf Tournament Successful Once AgainBill Kellough, TCBF 2016 Golf Chairman

The annual Golf Tournament, organized each year by the Tulsa County Bar Foundation Golf Committee, was held on May 16 at LaFortune Park. Despite persistent rain, the Tournament was a big success. Total income of $38,950, from sponsorships, silent auction, shirt sales and player registration, exceeded 2015 by 23%. More im-portantly, the net income to be distributed to the TCBF designated charitable beneficiaries exceeds last year by nearly 50%. Player par-ticipation was down from 108 to 99 possibly due to the weather. But TCBA staff and the LaFortune Park golf pros made it a great experi-ence for all who were willing to brave the elements.

As in the past, this was a foursome best ball scramble. Prizes were handed out for the best team in three flights. The overall winning team was Mark Dixon, Larry Burchart, Geordie Matson and Jared Lentz! The silent auction provided another way for players to go home with something of value; and this year donor in- kind contri-butions were extraordinary. The beneficiaries this year are the Disabled American Veterans,

South Tulsa Community House, Tulsa Lawyers for Children and the Community Outreach Committee of TCBF. Checks will be presented at the TCBA/TCBF Annual Meeting & Awards Banquet on August 25, 2016. Once again, the Vets provided much appreci-ated volunteers to help with the prize holes and made sure that no one went thirsty!

The Golf Committee will meet again soon to plan for next year. The venue is always subject to review; and our goal will be to in-crease player participation as well as income.

For suggestions or interest in serving on the committee next year please call Kevin or Jody. And spread the word that this is one of our most visible paybacks to the Tulsa community and a great opportunity to meet our colleagues outside of the conference room or courthouse.

golf 2016 TL ad.indd 1 6/15/2016 9:24:09 AM

Page 21: Tulsa Lawyer Magazine July 2016

Annual Golf Tournament Successful Once AgainBill Kellough, TCBF 2016 Golf Chairman

The annual Golf Tournament, organized each year by the Tulsa County Bar Foundation Golf Committee, was held on May 16 at LaFortune Park. Despite persistent rain, the Tournament was a big success. Total income of $38,950, from sponsorships, silent auction, shirt sales and player registration, exceeded 2015 by 23%. More im-portantly, the net income to be distributed to the TCBF designated charitable beneficiaries exceeds last year by nearly 50%. Player par-ticipation was down from 108 to 99 possibly due to the weather. But TCBA staff and the LaFortune Park golf pros made it a great experi-ence for all who were willing to brave the elements.

As in the past, this was a foursome best ball scramble. Prizes were handed out for the best team in three flights. The overall winning team was Mark Dixon, Larry Burchart, Geordie Matson and Jared Lentz! The silent auction provided another way for players to go home with something of value; and this year donor in- kind contri-butions were extraordinary. The beneficiaries this year are the Disabled American Veterans,

South Tulsa Community House, Tulsa Lawyers for Children and the Community Outreach Committee of TCBF. Checks will be presented at the TCBA/TCBF Annual Meeting & Awards Banquet on August 25, 2016. Once again, the Vets provided much appreci-ated volunteers to help with the prize holes and made sure that no one went thirsty!

The Golf Committee will meet again soon to plan for next year. The venue is always subject to review; and our goal will be to in-crease player participation as well as income.

For suggestions or interest in serving on the committee next year please call Kevin or Jody. And spread the word that this is one of our most visible paybacks to the Tulsa community and a great opportunity to meet our colleagues outside of the conference room or courthouse.

golf 2016 TL ad.indd 1 6/15/2016 9:24:09 AM

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It was a scandal and an outrage. It rocked the Court House. One of Tulsa’s best Judges had been defeated for re-election by a lawyer just out of night law school who worked in the tool crib of American Airlines Maintenance Center--Raymond Graham.

No one in the court house knew him, he had never practiced law— not a single day. He was a blue collar guy. He had filed on a dare. He had to borrow the filing fee from a pawn shop. He had almost flunked out of law school. The stories went round and round and got better and better.

As a new Judge Graham did just fine-- mostly by signaling to the lawyers “would you please approach the bench.” There, out of the hearing of the jury and the spectators the two lawyers would argue the law and Graham would pick the side that made the most sense. Over the months he picked up all the law he had not bothered to learn in law school at these bench conferences Perhaps because of the low expectations, he got the reputation of being “a

LAWYERS AT WORKLEROY AND THE JUDGE By R. Dobie Langenkamp

pretty good Judge after all.” It helped that he had common sense by the bushel.

And he had a sense of humor. He told jokes –often off-color- in chambers and absolutely refused to demonstrate the pomposity so frequently exhibited by men on the bench. The stories are legend, but the one I recall involved his good humored wit from the bench, which helped.

One of Tulsa’s most prominent lawyers, Leroy Blackstock was appearing in an important matter and arguing thoroughly and stolidly with abundant legal citations and relevant cases. It was a picture perfect dry humorless intelligent Blackstock performance. Leroy had been President of the Bar Association, was a conspicuous Christian and leader in his Church. He was only about 5’ 4’ dressed immaculately and he carried himself like a general. Few admitted noticing that his luxuriant grey hair was a toupee.

After the argument which went in his favor —as was common—he bowed slightly, thanked the court dryly and walked with measured steps out the Court room.

Graham enjoyed Blackstock’s performance and endeared himself forever to the crowd of lawyers in the Court room waiting to argue cases by shaking his head slightly and saying:

“There but for the Grace of God goes God.”

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The defendant was Billy Bird, once a corporal, recently busted to private, serving forty-seven years ago in the 173rd Airborne Brigade, Republic of Vietnam. Captain Grant a proud graduate of the Citadel in South Carolina was prosecuting. Private Bird declined to be represented by counsel and chose to represent himself. The trial went like this:

Major Murray: Private Bird this is a Special Court Martial, referred by the commanding officer of this base on the charges of absent without leave and possession of marijuana. The members of this court are myself, Lieutenant Ramsey Smith, and Captain George Martinez.

How do you plead to the charge of AWOL?

Private Bird: Sir, where is the enlisted man on the panel?

Major Murray: What?

Private Bird: I am entitled to have one-third of the panel enlisted rank.

After ruling that Private Bird was correct, Major Murray walked out of the Quonset hut in the 105 degree sun and hollered across the road to a black trooper just returned from perimeter guard duty. “Trooper, get over here double time!” Instead of hitting his cot, the trooper joined the court martial panel. Captain Martinez was excused.

Charges were read at length, Pvt. Bird pleaded not guilty and direct examination began:

Cpt. Grant: Bird, how much education have you had?

Pvt. Bird: Grant High School, but it was segregated. You know about that being from South Carolina, don’t you?

Maj. Murray: You will address you superior officer as “Captain or Sir, you understand?”

Pvt. Bird: If he will address me as “Private Bird”, that would be great.

At this point, faces were quite red, and it was not just the heat.

Maj. Murray: Captain Grant, please proceed. And address the defendant by his proper rank.

Cpt. Grant: Yes Sir. Priiiiivate Bird, it appears from your dark olive drab un-faded part of your sleeve you formerly had chevrons. What happened?

Pvt. Bird: I was busted for exchanging Dollars for Piastres. Got an Article 15, lost a half month’s pay, $45.00, but it was worth it because I made $750.00 when I exchanged the Piastres back to Dollars.

Cpt. Grant: You use that to buy marijuana?

Pvt. Bird: Some of it.

Cpt. Grant: So you do use marijuana?

Pvt. Bird: I love it-makes things a lot smoother over here. You ever try it Sir?

Cpt. Grant: I ask the questions Private! Were you in possession of marijuana on the night charged herein, the town of Bong Son?

Pvt. Bird: No Sir.

Cpt. Grant: You deserted your post and “went under the wire”, I believe the expression is, into Bong Son?

Pvt. Bird: I object Major, I am not charged with desertion, just AWOL.

Maj. Murray: (after much conferring and mumbling) Sustained. The charge is AWOL.

Cpt. Grant: We are going to call a witness who will testify he sold you marijuana, and saw you light up and say that it was good stuff.

Pvt. Bird: I look forward to this with great interest.

Cpt. Grant: First, I call Staff Sargent Jason Wilson.Sargent Wilson entered the room, sat in the witness chair, identified himself and confirmed that he was the non-commissioned officer in charge of Pvt.

Court Martial: A Story of Viet NamBy Jim Hinds

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Bird’s company unit.

Cpt. Grant: Was Pvt. Bird present for duty on the morning after the night he was in Bong Son?

Sgt. Wilson: Well. . . . No Sir.

Cpt. Grant: What is your hesitation Sergeant? He was either on duty or he was not?

Sgt. Wilson: Yes sir, I mean, he was on leave. I did not get the orders on time, but he was on leave.

This left the prosecutor somewhat slack-jawed. And he could see that the presiding officer was approaching the outer limits of his patience.

Maj. Murray: Cpt. Grant, could this trial take on the appearance of a logical progression?

Pvt. Bird: Like me going straight to the jail at Long Binh?

Maj. Murray: I was not talking to you Pvt. Bird!

Cpt. Grant gathered what was left of his composure and continued with direct examination of Sgt. Wilson.

Cpt. Grant: Leave or not Sergeant, Bong Son is off limits. Did he have permission to be there?

Sgt. Wilson: No sir.

Maj. Murray: Cpt. Grant, can you place Pvt. Bird in Bong Son?

Cpt. Grant: He admitted it.

Pvt. Bird: I admitted going under the wire, nothing more, I was on leave.

Cpt. Grant (with great solemnity): I have a witness to call that can put him in Bong Son and in possession of marijuana. He did not have leave to be in an off-limits area.

Cpt. Grant walked to his desk and looked for the witness’s name on his list.

Cpt. Grant: (addressing the Judge Panel) I call Specialist Four Jeffrey Mathews. Everyone except Pvt. Bird looked toward the empty doorway.

Seconds later Major Murray pounded his gavel and yelled “Case dismissed!” as he stared at the raised hand of Specialist Jeffrey Mathews, the enlisted man just in from perimeter guard, but now seated in the middle of the court martial panel.

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G r a p e v i n e N e w s The National Academy of Distinguished Neutrals is pleased to announce the launch of our Oklahoma Chapter, recognizing the state’s leading ADR practitioners for Excellence in the field of Dispute Resolution. Just 12 attorneys and former judges have been inducted as Charter Members for 2016 - Hon. Daniel Boudreau; R. Lyle Clemens, Esq.; Hon. Ed Cunningham; Barry R. David Esq.; Joseph A. Gladd Esq.; Daniel E. Holeman Esq.; Jakes Jones, III, Esq.; Robert C. Margo Esq.; Larry D. Ottaway Esq.; Joseph H. Paulk Esq. and Ted Sherwood, Esq. The Oklahoma Chapter website at www.OklahomaMediators.org is specifically designed to “make life easier” for local attorneys, corporate counsel, adjusters and legal support staff. OklahomaMediators.org allows firms to quickly identify a suitable mediator or arbitrator, navigating straight to the roster of trusted local neutrals sorted by city or name. Many Academy members also publish their availability calendars online for the benefit of legal staff. This allows the scheduling of appointments to be greatly expedited for all parties involved in a case, saving many hours of phone or email tag. The National Academy database (www.NADN.org) is already in wide use in many other states including Texas, Arizona, Colorado, California, Georgia, the Carolinas, Tennessee, Alabama and Florida, the founding chapter, established back in 2005. In 2015, more than 60,000 individual appointment requests were scheduled online through the Academy database by law firms. “Since the launch of the original Florida Chapter website back in 2005, we’d heard from literally hundreds of firms and staff saying how useful they find the site, particularly the calendar functionality,” commented Darren Lee, Executive Director of the National Academy. “We’ve made it very quick and easy for attorneys and staff to navigate straight to the experts they need. Most of the time, firms use the site to expedite scheduling with the best local professionals, but more firms and corporate counsel are now using the national database to search for neutrals with particular case or industry expertise. The website has really become a one-stop-shop of the best neutrals in the nation - it was recently described as ‘Expedia for Litigation Firms’ and the number of firms utilizing our free roster continues to rise.” “We certainly look forward to working with the premier ADR practitioners in the state of Oklahoma in the years to come, and expect that this new chapter roster will prove just as useful to attorneys and staff across Oklahoma as it has in our others to date.”

The American Arbitration Association (AAA) has named Chris S. Thrutchley as Oklahoma’s AAA Employment Arbitrator. Thrutchley is a shareholder with the law firm of GableGotwals. A nonprofit organization, AAA provides alternative dispute resolution services to parties, including individuals and organizations,

who wish to resolve legal conflicts outside of the courtroom. AAA serves in an administrative role, moving cases through the process in a fair and impartial manner. As a member of AAA’s national panel of employment law arbitrators, Thrutchley arbitrates and mediates employment disputes around the country. Arbitrators are chosen for their expertise, integrity and judgment. Thrutchley, a graduate of the University of Tulsa College of Law and Graceland University, is the only Oklahoma attorney serving on the panel.

Hall Estill has once again received high marks from the respected law firm and attorney ranking guide, Chambers USA. The publication annually ranks law firms and individual attorneys across the country for their legal knowledge and excellence.For the ninth straight year, Hall Estill was ranked in the following practice areas: Corporate, Energy and Natural Resources, General Commercial Litigation, Intellectual Property, and Labor and Employment.“We are fortunate to have such great talent and dedication at the firm,” Hall Estill Managing Partner Mike Cooke said. “As our firm has grown, we have sought to expand our expertise in a broad range of practice areas. It is very rewarding to see our attorneys recognized in these different practices again this year.”Individual Hall Estill attorneys recognized for excellence include: Steven A. Broussard, J. Patrick Cremin, Angelyn L. Dale and Elaine R. Turner for Labor and Employment; Mark Banner, James C.T. Hardwick, J. Kevin Hayes, James D. Satrom and Michael E. Smith for Energy and Natural Resources; Garry L. Keele for Energy and Natural Resources: Environment; Julianna P. Deligans, Philip L. Free Jr., Bill D. McCarthy, Randall K. McCarthy and Michael H. Smith for Intellectual Property; Robert D. Nelon for General Commercial Litigation; Gregory W. Alberty for Real Estate; and Timothy S. Posey for Native American Law.

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Nick Merkley has joined GableGotwals as a new shareholder in the firm’s Oklahoma City office. Merkley’s primary practice will focus on litigation in the areas of energy and products liability. He is a graduate of the University of Oklahoma College of Law and received his undergraduate degree from the University of Oklahoma.

McAfee & Taft labor and employment attorneys Joshua Solberg and Paul Ross have been named members of the Employers Counsel Network (ECN), an exclusive affiliation of leading lawyers and law firms across the United States and Canada, dedicated to advising and representing employers in all facets of labor and employment law and workplace disputes. McAfee & Taft is the sole member law firm to represent Oklahoma in the network. In this new role, they also join fellow McAfee & Taft employment lawyers Charlie Plumb, Courtney Bru and Sam Fulkerson in serving as co-editors of the Oklahoma Employment Law Letter, a monthly review of new court decisions, regulations and laws that affect state employers. Josh Solberg represents businesses in all areas of labor and employment law, including litigation in both federal and state courts and in mediation and arbitration. Paul Ross also represents employers exclusively in labor and employment and previously served as leader of the firm’s Labor and Employment Group, one of the largest of its kind in the region. In 2011, he was appointed to serve as an administrative law judge for the Oklahoma Department of Labor. For more information, contact: Brad Neese at [email protected] or (405) 552-2371.

Moyers Martin announces that D. Faith Orlowski is now an attorney with the firm. With 38 years of legal experience, Ms. Orlowski focuses her practice on Oil & Gas matters, commercial real estate and related business issues, and she also maintains an active practice in estate planning, probate and trusts. In addition to her active law practice, Ms.

Orlowski is also an adjunct professor at Tulsa University teaching Energy and Indian Land Titles in the Master of Jurisprudence program. She served as President of the Tulsa County Bar Association in 2011-2012. Faith graduated with highest honors from the University of Texas at Austin with a BA in 1975 and a JD in 1978

GableGotwals has been recognized as a Leading Firm in the areas of Energy and Natural Resources (Band 2), General Commercial Litigation (Band 2) and Corporate/Commercial (Band 3). The qualities on which Chambers USA rankings are assessed include technical legal ability, professional conduct, client service, commercial astuteness, diligence, commitment, and other qualities most valued by the client. Interviews are conducted with peers outside of the firm and clients in order to determine inclusion and rankings. Fourteen GableGotwals attorneys have also been named as ‘Leaders in their Field’ in the 2015 Chambers USA rankings. Areas of law ranked include Corporate Commercial: Health Care, Energy & Natural Resources, Environment, Litigation, Native American Law and Real Estate.Attorneys recognized include:Corporate/Commercial—Health Care: Robert Glass (Band 2) Energy & Natural Resources: Steven Adams (Band 2) , Dale Cottingham (Band 2) Richard Noulles (Band 3) Terry Ragsdale (Band 2) , Rob Robertson (Band 2)Energy & Natural Resources: Environment Lloyd Landreth (Band 2)Litigation—General Commercial:David Bryant (Band 2), Sidney Dunagan (Band 2), Oliver Howard (Band 2) , Dean Luthey (Band 3) , James Sturdivant (Senior Statesmen)Native American: Law Dean Luthey (Band 1)Real Estate: Stephen Schuller (Band 3)

Grapevine News? Send to [email protected]

RossSolberg

Page 31: Tulsa Lawyer Magazine July 2016

Grapevine News? Send to [email protected]

Tulsa Lawyer 29

McAfee & Taft received top marks in the 2016 edition of the Chambers USA Guide to America’s Leading Lawyers for Business, earning top rankings in the areas of corporate/commercial (including tax and healthcare), energy and natural resources, intellectual property, labor and employment, litigation and real estate law. The firm’s Native American law practice was also highly ranked. In addition, 41 of the firm’s attorneys were honored as leading lawyers in their respective practice areas. H. Cole Marshall was named a first-time honoree and “Associate to Watch” in the area of real estate law, and John A. Kenney was honored in two categories, litigation and intellectual property, for the seventh consecutive year. Others re-named to the prestigious list were T. Michael Blake (Corporate/Commercial: Tax), Rachel Blue (Intellectual Property), Joseph H. Bocock (Litigation), Timothy J. Bomhoff (Energy), Courtney Bru (Employment), Jennifer H. Callahan (Employment), Mark D. Christiansen (Energy & Natural Resources), W. Chris Coleman (Corporate/Commercial), Mary Quinn Cooper (Litigation), Bruce Crum (Corporate/Commercial), Robert W. Dace (Litigation), Clifford C. Dougherty, III (Intellectual Property), Bill G. Freudenrich (Employment), Sam Fulkerson (Employment), Robert L. Garbrecht (Real Estate), Spencer W. Haines (Corporate/Commercial: Tax), Lloyd T. Hardin, Jr. (Real Estate), John N. Hermes (Litigation), Frank Hill (Real Estate), James Dudley Hyde (Employment), Michael E. Joseph (Corporate/Commercial: Healthcare), Robert Joyce (Energy & Natural Resources: Environment), Michael J. LaBrie (Intellectual Property), Myrna Latham (Real Estate), Michael F. Lauderdale (Labor & Employment), Kathy R. Neal (Employment), Charles S. Plumb (Employment), Tony G. Puckett (Employment), Anthony Rahhal (Intellectual Property), Richard A. Riggs (Real Estate), Reid Robison (Litigation), Joshua D. Smith (Corporate/Commercial), C. David Stinson (Energy), N. Martin Stringer (Corporate/Commercial), Jeff L. Todd (Litigation), Elizabeth D. Tyrrell (Corporate/Commercial: Healthcare), Peter Van Dyke (Employment), Nathan L. Whatley (Employment), and Elizabeth Scott Wood (Employment)

Hall Estill announces that Michael Keester has been elected to the firm’s Executive Committee. Keester joins current Executive Committee members Larry Ball, Mark Banner, Jim Reed and Mike Cooke. Keester joined the firm in 1993 and has served for many years on the firm’s Board of Directors. He has been practicing litigation in Tulsa for

over 30 years and has an AV rating through Martindale-Hubbell. In addition, he has been selected a Best Lawyer in America in Litigation-Construction, Litigation-Municipal and Commercial Litigation and has been recognized as an Oklahoma Super Lawyer in Civil Litigation Defense. Further, he was named the Tulsa Lawyer of the Year in Construction Law by Best Lawyers, in 2012 and also in 2015. Keester is a graduate of the University of Oklahoma College of Law (J.D., with Honors, 1984) and the University of Oklahoma (B.A., with Distinction, in Political Science, 1981). He is actively involved with the American Bar Association, Oklahoma Bar Association and Tulsa Bar Association. He has served as a director for the American Heart Association and the Oklahoma Association of Defense Counsel, as well as a past president of the University of Oklahoma College of Law Alumni Association. Keester is also a current member of the City of Tulsa Ethics Advisory Committee.

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C l a s s i f i e d a d s

We are currently seeking an entry level Contracts Administrator/Contracts Attorney for our Legal Department. This position will work under the direct supervision of the General Counsel. As an entry level Contracts Administrator/Contracts Attorney, for John Zink Hamworthy Combustion you will be responsible for the following tasks.

• Assisting the business in reviewing and negotiating commercial contracts.• Direct interaction with counterparties in the negotiation and revising of agreements, including but not limited to, sales and purchase contracts, confidentiality agreements, and other agreements both international and domestic.• Assist the business in developing procedures for entering into agreements, and work cooperatively with other Contracts Administrators/Contract Attorneys locally and internationally in the organization.• Conduct general legal research, coordinate and work with outside counsel.• Other legal matters as required.

The role includes significant internal and external customer contact, so interpersonal skills and client development skills are a must. While work is primarily for domestic entities, some international commercial legal support will be part of the role and international commercial experience is a plus. A background that includes client management in commercial mediations and/or commercial negotiations may also be a plus.

Basic Qualifications

• Three (3) years reviewing and negotiating contracts• A Bachelor’s Degree

Preferred Qualifications • Two (2) years reviewing and negotiating contracts• A JD from an accredited law school

John Zink Company LLC is a Koch Chemical Technology Group, LLC company. To learn more about John Zink Hamworthy Combustion, visit www.johnzinkhamworthy.com. To apply to this position select the Careers tab on our website and search for position #042479.

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Tulsa County Bar A

ssociation1446 S. Boston Ave.Tulsa, O

K 74119

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IDPontiac, IllinoisPERM

IT# 592

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