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Vol. 1 | No. 52 | December 29, 2021
Courts And More Leaderboards

Oklahoma Supreme Court

No published opinions this week. 

The Supreme Court of Oklahoma Court Calendar

The Supreme Court of Oklahoma is in session year round, unless otherwise noted. The Court regularly schedules conferences on Mondays and other days as needed.

Oklahoma Court of Criminal Appeals

BENCH v. STATE

2021 OK CR 39,
PCD-2015-698
Decided 12/22/2021

¶1 Petitioner, Miles Sterling Bench, was tried by jury and convicted of First Degree Murder in the District Court of Stephens County, Case No. CF-2012-172. In a separate sentencing proceeding, the jury found the following aggravating factors: the murder was heinous, atrocious or cruel; and Petitioner poses a continuing threat to society. The jury recommended a sentence of death and the Honorable G. Brent Russell sentenced Petitioner accordingly. This Court affirmed the judgment and sentence in Bench v. State , 2018 OK CR 31 , 431 P.3d 929

Oklahoma Court of Civil Appeals

Judicial Division Assignments and Election of Presiding Judges

For the calendar year 2022, the Honorable Robert D. Bell has been elected to serve as Presiding Judge for Division One of the Court of Civil Appeals, Oklahoma City Division. Division One will consist of Robert D. Bell, Presiding Judge; Brian J.Goree, Judge, and a judge to sit by special designation in the place of District 4, Office 2, which is presently unoccupied.

For the calendar year 2022, the Honorable Deborah B. Barnes has been elected to serve as Presiding Judge for Division Two of the Court of Civil Appeals, Tulsa Division. Division Two will consist of Deborah B. Barnes, Presiding Judge; John F. Fischer, Chief Judge, and Stacie L. Hixon, Judge.

For the calendar year 2022, the Honorable Thomas Prince, has been elected to serve as Presiding Judge of Division Three of the Court of Civil Appeals, Oklahoma City Division. Division Three will consist of Thomas Prince, Presiding Judge; E. Bay Mitchell, III, Vice-Chief Judge, Barbara G. Swinton, Judge.

For the calendar year 2022, the Honorable Jane P. Wiseman has been elected to serve as Presiding Judge of Division Four of the Court of Civil Appeals, Tulsa Division. Division Four will consist of Jane P. Wiseman, Presiding Judge; Gregory C. Blackwell, Judge, and W. Keith Rapp, Judge.

DONE BY ORDER OF THE COURT OF CIVIL APPEALS this 16th day of December, 2021.

Dispositions Other than by Published Opinions

CLICK HERE to read Dispositions Other than by Published Opinions. 

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For another read before the year closes, enjoy the articles written by the 2021 Maurice Merrill Golden Quill Award winners, Justice John G. Browning, Plano, Texas, and Scott B. Goode, Tulsa.

About Maurice Merrill

Dr. Maurice Merrill served as a professor at the University of Oklahoma College of Law from 1936 until his retirement in 1968. He was held in high regard by his colleagues, his former students and the bar for his nationally distinguished work as a writer, scholar and teacher. Many words have been used to describe Dr. Merrill over the years, including brilliant, wise, talented and dedicated. Named in his honor is the Golden Quill Award that is given to the author of the best written article published in The Oklahoma Bar Journal. The recipient is selected by the OBA Board of Editors.

 

Justice Browning won a Golden Quill Award for one of his two articles published in the May issue of The Oklahoma Bar Journal. With the theme, Black Legal History in Oklahoma, Browning's article told the story of how Oklahoma’s earliest African American attorneys are inextricably intertwined with the state’s roots as a multiethnic land of opportunity.

As the twin territories and later as a state, Oklahoma provided unheard-of opportunities for African American attorneys – with its “pioneering all-Black communities, the need for legal resolution of countless land disputes, and opportunities to profit in the oil industry development.”23 This unparalleled chance for social and economic mobility led to Oklahoma having more than 60 African American attorneys in 1910 – a figure greater than any other state.24Oklahoma’s early African American lawyers were leaders in the struggle to extend democracy on local and state levels, yet with the pervasive discriminatory effect of Jim Crow laws, racial violence and other factors, pursuing a legal career became both more difficult and less attractive for African Americans. By 1940, the number of Black lawyers had declined so sharply that it wasn’t practical to have a group composed solely of Black Oklahoma-licensed attorneys, leading to what would become the Southwestern Bar Association opening up its membership to African American attorneys in other states. As the ongoing concerns over the lack of diversity in the legal profession reflect, the impact of systemic racism echoes even today. Read more ...

Scott B. Goode earned the 2021 Maurice Merrill Golden Quill Award for his article in the December 2020 issue of The Oklahoma Bar Journal. The article is titled "Perceptions, Pill and Practicing." Goode shares his personal story that is poignant and hopeful.

I was back at work the day after my father died. After missing a week to be by his side, I could not afford to miss much more. It was only me. I not only did all the lawyering but also all the other work that comes with starting and running a law firm. To say I was busy when I returned was an understatement. I didn’t have anyone to help me – no mentor to teach me the areas of law I had not previously dealt with, and due to me not billing hourly, my caseload was skyrocketing. My fear of failing, malpractice and bar complaints was unbearable, and all I could do was keep opening new cases in order to put food on the table and pay all the debt I had just incurred. The pressure was intense, and I felt like I was suffocating, just like my father, gasping to stay alive just a few more moments. Read more ...

New in 2022, Revamping Communication 

Inbox Wednesdays. Your time is valuable, and so is the available space in your inbox. Beginning in January, the bi-weekly OBA E-news email will merge with the weekly Courts & More digital publication. The goal of this merger is to reduce the frequency of emails in your inbox, while continuing to deliver important news and information. If you have questions or feedback, contact OBA Communications Director Lori Rasmussen, 405-416-7016.

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Notice Of Hearing (1000 X 300 Px)

NOTICE OF HEARING ON THE PETITION FOR REINSTATEMENT

KELLY JO WALKER, SCBD # 7167

TO MEMBERSHIP IN THE OKLAHOMA BAR ASSOCIATION

Notice is hereby given pursuant to Rule 11.3(b), Rules Governing Disciplinary Proceedings, 5 O.S., ch. 1, app. 1-A, that a hearing will be held to determine if Kelly Jo Walker should be reinstated to active membership in the Oklahoma Bar Association.

Any person desiring to be heard in opposition to or in support of the petition may appear before the Professional Responsibility Tribunal at the Oklahoma Bar Center at 1901 North Lincoln Boulevard, Oklahoma City, Oklahoma, at 9:30 a.m. on TUESDAY, JAN. 25, 2022.  Any person wishing to appear should contact Gina Hendryx, General Counsel, Oklahoma Bar Association, P.O. Box 53036, Oklahoma City, Oklahoma 73152, telephone (405) 416-7007.

PROFESSIONAL RESPONSIBILITY TRIBUNAL

NOTICE OF HEARING ON THE PETITION FOR REINSTATEMENT
BYRON EARL HARVISON, SCBD # 7166

TO MEMBERSHIP IN THE OKLAHOMA BAR ASSOCIATION

Notice is hereby given pursuant to Rule 11.3(b), Rules Governing Disciplinary Proceedings, 5 O.S., ch. 1, app. 1-A, that a hearing will be held to determine if Byron Earl Harvison should be reinstated to active membership in the Oklahoma Bar Association.

Any person desiring to be heard in opposition to or in support of the petition may appear before the Professional Responsibility Tribunal at the Oklahoma Bar Center at 1901 North Lincoln Boulevard, Oklahoma City, Oklahoma, at 9:30 a.m. on THURSDAY, JAN. 27, 2022. Any person wishing to appear should contact Gina Hendryx, General Counsel, Oklahoma Bar Association, P.O. Box 53036, Oklahoma City, Oklahoma 73152, telephone (405) 416-7007.

PROFESSIONAL RESPONSIBILITY TRIBUNAL

As the end of 2021 nears so does your opportunity to get all 12 of your required Mandatory Continuing Legal Education credits – including 2 Ethics – without having to pay a late fee!⏰
Browse the extensive OBA CLE catalog to find online courses to beat the deadline.
Calloway 1

Survey Says: Technology Gaining Some Ground for Solo and Small Firms

By Julie Bays, Practice Management Advisor
Management Assistance Program

Each year the American Bar Association’s Legal Technology Resource Center surveys ABA members to discover how lawyers are using technology in the practice nationwide. I recently reviewed the ABA Legal Technology Survey 2021 so that I could write a report on the 2021 Technology Budgeting and Planning for solo and small firms. The good news is that more than 62% of solo and small firms planned to increase their budgets for technology. On the other hand, only around one-half of solo and small firms budget for technology at all.

One of the most troubling findings in the survey is the lack of budgeting for cybersecurity. Only around 10% of the small firms surveyed planned to budget for this crucial aspect of their law practice. The survey found that many small firms and solo practitioners rely on the attorneys for their cybersecurity but did not plan on training or products that would protect their digital infrastructure. So, as we begin the new year, please take time to review your cybersecurity and make a detailed plan on what you need to do to protect you and your client’s information.