Post-Production Movement of Natural Gas • Patient Protection and Affordable Care Act • Payments

108 Pages·2017·5.46 MB·English

Volume 82 u No. 11 u April 16, 2011
ALSO INSIDE
• Post-Production Movement of Natural Gas
• Patient Protection and Affordable Care Act
• Payments from Structural Loss Claims

Vol. 82 — No. 11 — 4/16/2011 The Oklahoma Bar Journal 929
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930 The Oklahoma Bar Journal Vol. 82 — No. 11 — 4/16/2011
T :
heme
Law Day
contents
pg. 998
Member Anniversaries
April 16, 2011 • Vol. 82 • No. 11 DePartments
932 From the President
1005 Law Practice Tips
1008 Ethics/Professional Responsibility
1010 Oklahoma Bar Foundation News
1013 Lawyers for Heroes
1015 Access to Justice
1017 Young Lawyers Division
1019 Calendar
1021 For Your Information
1023 Bench and Bar Briefs
1027 In Memoriam
1016 Editorial Calendar
1032 The Back Page
Plus
972 Post-Production Movement
of Natural Gas in Oklahoma
By Richard B. Noulles
982 The Patient Protection and
Affordable Care Act:
Practical Implications
By Norman S. Newmark
988 A General Contractor’s Ability
to Receive ‘Overhead and Profit’
Features
Payments under a Homeowner’s
Structural Loss Policy
935 Annual Event Spotlights
By Laura C. Hill
First Lawyer President
By Tina L. Izadi 995 OBA Legislative Monitoring
Committee Report
941 Law Day 2011 Contest Winners
By Duchess Bartmess
962 County Law Day Chairpersons 998 Bar Members Celebrate Membership
Anniversaries
964 County Bar Association
1001 Volunteers Make High Mock Trial
Activities
Program a Success
970 Supreme Court Law Day
Directive
971 Governor Issues Law Day pg. 1001
Proclamation
Mock Trial
Program
Vol. 82 — No. 11 — 4/16/2011 The Oklahoma Bar Journal 931
FROM THE PRESIDENT
Blind Justice
By Deborah Reheard
When Oklahoma lawyer
Hicks Epton of been the courtroom; however, it
Wewoka rallied his beloved Seminole County bar to orga- can survive only so long as we
nize the first Law Day on May 1, 1946, no one could have keep out the worst of the politi-
conceived that it would grow into an internationally recog- cal influences.1
nized event. Today, Law Day is recognized around the
We lawyers are literally the guard-
globe and across the United States as a celebration of our
ians of the gate of the rule of law. We
forefathers’ greatest legacy — the creation of a system of
must support an independent judi-
government based upon the rule of laws and not the rule of
ciary and defend it against all detrac-
individuals or special interests.
tors. It is our duty to educate the
Today, Oklahoma lawyers are again sum- public about the
moned to a higher cause — the cause of need for an indepen-
maintaining order, integrity and justice in dent judiciary. We
It is our
our judicial system. We must maintain the are the only profes-
independence of our judiciary above all sion bound to the
duty to
else. As lawyers, we may differ in opinion judicial branch, and
on the need for certain laws. We may come educate the we have an absolute
from different backgrounds or perspectives obligation to defend
that shape our individual thoughts on public about this magnificent sys-
access to the courts and the right to have a tem which was cre-
jury of our peers decide our fates and our the need ated for all citizens to
futures. As lawyers, we must defend the resolve disputes.
for an
rights to have differing opinions. But it will
It is our challenge
not matter much what those laws are or to
independent to engage the public,
whom they are applied if we do not have
to help them under-
an independent judiciary.
judiciary. stand and support
Judicial independence has our system of law so
absolutely nothing to do with that the spirit of the
the protection of judges. It law may be strength-
has everything to do with the ened and revitalized.
protection of the rule of law. If the legislative Nowhere is the challenge more criti-
and executive branches of any government cally important than in helping the
can dictate the outcome of lawsuits and trials, public understand and appreciate
then there is no need for courts and judges. the importance of truly independent
Those who seek redress for wrongdoing can courts and the role they play in pre-
just rent a lobbyist. serving the rule of law.
Retired U.S. Supreme Court Justice San- We must not remain silent and
dra Day O’Connor recently spoke to the resign ourselves to insignificance
issue of judicial independence. She wrote only to forfeit our tradition of great-
these words for a law review article in ness and our sense of pride in our
President Reheard Washington state, but her comments ring profession. We are the standard bear-
practices in Eufaula.
true throughout the land: ers of our forefathers’ vision of a
[email protected]
judicial system where parties are
[phone] The reason why judicial independence is so
equal under the law — and it must
important is because there has to be a place
remain that way.
where being right is more important than
being popular, and where fairness trumps 1. Symposium: State Judicial Independence
— A National Concern, 33 Seattle U. L. Rev.
strength. That place in our country has
559, 565 (2010).
932 The Oklahoma Bar Journal Vol. 82 — No. 11 — 4/16/2011
OF FICers & BOarD OF GOVernOrs
Deborah A. Reheard, President, Eufaula eVents CalenDar
Cathy M. Christensen, President-Elect,
Oklahoma City
Reta Strubhar, Vice President, piedmont
Allen M. Smallwood, Immediate Past President, APRIL 2011
Tulsa
Martha Rupp Carter, Tulsa 19 OBA Civil Procedure and Evidence Code Committee Meeting;
Charles W. Chesnut, Miami 3:30 p.m.; Oklahoma Bar Center, Oklahoma City and OSU Tulsa;
Renée DeMoss, Tulsa
gerald C. Dennis, Antlers Contact: James Milton [phone]
glenn A. Devoll, Enid 20 Oklahoma Council of Administrative Hearing Officials; 12 p.m.;
Steven Dobbs, Oklahoma City
Oklahoma Bar Center, Oklahoma City and Tulsa County Bar Center,
O. Chris Meyers II, Lawton
Lou Ann Moudy, Henryetta Tulsa; Contact: Carolyn Guthrie [phone] Ext. 56212
D. Scott pappas, Stillwater
David A. poarch Jr., Norman OBA Women in Law Committee Meeting; 3:30 p.m.; Oklahoma
Ryland L. Rivas, Chickasha Bar Center, Oklahoma City and Tulsa County Bar Center, Tulsa;
Susan S. Shields, Oklahoma City Contact: Deborah Bruce [phone]
Roy D. Tucker, Muskogee,
Chairperson, OBA/Young Lawyers Division 21 New Admittee Swearing In Ceremony; Supreme Court
Bar Center staFF Courtroom; Contact: Board of Bar Examiners [phone]
John Morris Williams, Executive Director; OBA Bench & Bar Committee Meeting; 12 p.m.; Oklahoma Bar
gina L. Hendryx, General Counsel;
Center, Oklahoma City and Tulsa County Bar Center, Tulsa;
Donita Bourns Douglas, Director of Educational
Programs; Carol A. Manning, Director of Contact: Barbara Swinton [phone]
Communications; Craig D. Combs, Director of
Administration; Travis pickens, Ethics Counsel; OBA Bar Association Technology Committee Meeting; 3 p.m.;
Jim Calloway, Director of Management Assistance Oklahoma Bar Center, Oklahoma City and OSU Tulsa; Contact:
Program; Beverly petry Lewis, Administrator
Gary Clark [phone]
MCLE Commission; Jane McConnell, Coordinator
Law-related Education; John Burchell, Information 22 OBA Board of Governors Meeting; Muskogee, Oklahoma;
Services Manager; Loraine Dillinder Farabow,
Contact: John Morris Williams [phone]
Debbie Maddox, Ted Rossier, Assistant General
Counsels; Katherine Ogden, Staff Attorney, Oklahoma Uniform Jury Instructions Meeting; 10 a.m.; Court of
Tommy Butler, Sharon Orth, Dorothy Walos
Criminal Appeals Courtroom, State Capitol; Contact: Chuck Adams
and Krystal Willis, Investigators
[phone]
Manni Arzola, Debbie Brink, Stephanie Burke,
Brenda Card, Morgan Estes, Johnny Marie OBA Communications Committee Meeting; 12 p.m.; Oklahoma
Floyd, Matt gayle, Brandon Haynie, Bar Center, Oklahoma City and Doerner Saunders, Tulsa; Contact:
Suzi Hendrix, Misty Hill, Debra Jenkins,
Amy Kelly, Jeff Kelton, Durrel Lattimore, Mark Hanebutt [phone]
Debora Lowry, Heidi McComb, Renee 23 OBA Young Lawyers Division Committee Meeting; Muskogee,
Montgomery, Wanda Reece-Murray, Lori
Rasmussen, Tracy Sanders, Mark Schneidewent, Oklahoma; Contact: Roy Tucker [phone]
Robbin Watson, Laura Willis & Roberta yarbrough 25 OBA Alternative Dispute Resolution Section Meeting; 4 p.m.;
eDItOrIal BOarD Oklahoma Bar Center, Oklahoma City and Tulsa County Bar Center,
Editor in Chief, John Morris Williams, News Tulsa; Contact: D. Michael O’Neil Jr. [phone]
& Layout Editor, Carol A. Manning, Editor,
Melissa DeLacerda, Stillwater, Associate Editors: 26 OBA Rules of Professional Conduct Committee Meeting; 3 p.m.;
Dietmar K. Caudle, Lawton; Judge Sheila Oklahoma Bar Center, Oklahoma City and Tulsa County Bar Center,
Condren, Claremore; Sandee Coogan, Norman;
Tulsa; Contact: Paul Middleton [phone]
Emily Duensing, Tulsa; Craig M. Hoehns,
Elk City; pandee Ramirez, Okmulgee; For more events go to www.okbar.org/calendar
Joseph M. Vorndran, Shawnee; Leslie D. Taylor,
Oklahoma City; January Windrix, poteau www.okbar.org
The Oklahoma Bar Association’s official website:
nOtICe of change of address (which must be
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Vol. 82 — No. 11 — 4/16/2011 The Oklahoma Bar Journal 933
934 The Oklahoma Bar Journal Vol. 82 — No. 11 — 4/16/2011
LAW DAY
2011
Annual Event Spotlights First
Lawyer President
By Tina L. Izadi, Law Day Committee Chair
Founding Father John Adams was a leader teers, we will continue to offer 12 hours of
during the American Revolution, but it was nonstop free legal advice.
his defense of a British officer and soldiers
asK a laWYer tV sHOW
involved in the Boston Massacre that perhaps
best demonstrates his uncompromising com- This year’s Ask A Lawyer television program
mitment to the rule of law. This year as we get will air April 28 at 7 p.m. on OETA stations
set to celebrate Law Day 2011, we are explor- across the state. The show provides informa-
ing Adams’ legacy as we examine his willing- tion about current legal issues facing individu-
ness to take an unpopular stand to defend the als in this state and how Oklahoma lawyers are
rights of the accused. We can easily see how making an impact. The show will feature a
lessons learned more than 200 years ago segment on domestic violence, illustrating
directly apply to challenges our society is how a woman who was victimized by her
facing today and remain pertinent to the husband found the courage to stop the abuse
practice of law. and start a new life with the help of Legal
Aid Services. The show will also highlight
Law Day presents an opportunity to take a
the topic of disability law, focusing on a
closer look at topics which inspire each of us in
woman’s battle to help her sister navigate the
our profession, as well as educate the public
complex Social Security Disability system,
about the important role the law plays in shap-
and how an attorney guided her through the
ing our everyday lives. It is both an awesome
often-frustrating process.
and exciting opportunity! The OBA Law Day
Committee believes it is a critical task to cele- Finally, the show details the OBA’s efforts to
brate the important work lawyers do for the launch a new initiative aimed at offering no-
community. We’ve carried on the tradition for cost legal assistance to qualified military ser-
more than 50 years, a tradition born right here vice members. We feature an interview with
in Oklahoma. Wewoka attorney and past OBA OBA president Deborah Reheard, who tells us
president Hicks Epton developed the idea for the story of a naval officer she assisted several
Law Day in the late 1950s, and it has evolved years ago when he was deployed in Iraq, and
into a national celebration. This year Oklaho- we will also hear from that officer, Command-
mans will observe Law Day on April 28 with er Mike Whetstone, who explains what her
events and activities throughout the state. intervention meant to him. president Reheard
explains how Commander Whetstone’s case
We have continued our annual art and writ-
was the inspiration for the Oklahoma Law-
ing contests focusing this year on the John
yers for America’s Heroes program, detailing
Adams theme. We have also put together once
how often service members in the most need
again an informative television show, high-
of help are the least able to afford it.
lighting the important impact lawyers make on
the lives of individuals and the law. Addition- The show will continue its town hall format,
ally, with the help of all our attorney volun- where audience members will have an oppor-
Vol. 82 — No. 11 — 4/16/2011 The Oklahoma Bar Journal 935
L
Ask A
awyer
H
Thursday, April 28
(From left) OU College of Law Assistant Dean
Stan Evans, Assistant U.S. Attorney Robert
Don Gifford and OCU Law Library Associate
7-8 p.m.
Director Darla Jackson serve as a military
assistance panel answering questions while
taping the Ask A Lawyer TV show.
OETA stations
tunity to ask questions of legal panelists, and
the show will also feature Chief Justice Steven
Taylor and the winners of the Law Day con-
test along with their winning artwork.
FEATuring
COntests anD aCtIVItIes
SEgmEnTS On:
This year more than 1,500 students from
across the state submitted entries centered
on this year’s theme, “The Legacy of I military Assistance
John Adams: Defending the Rights of the
I Disability Law
Accused.” The judging was difficult as usual,
given the numerous wonderful entries we I Domestic Violence
received. The winners have been announced,
and the winning entries can be viewed at
Hosted and
www.okbar.org/lawday and on page 941
of this issue. moderated by
Dick Pryor
Special guests:
Oklahoma Supreme Court
Chief Justice Steven Taylor
OBA President
Deborah reheard
H
Lawyer Athlea Adkisson prepares a case for
a disabled client during a taped segment on
disability law.
936 The Oklahoma Bar Journal Vol. 82 — No. 11 — 4/16/2011