Vol. 1 | No. 36 | September 8, 2021
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
No published opinions this week.
Oklahoma Court of Civil Appeals
No published opinions this week.
Dispositions Other than by Published Opinions
CLICK HERE to read Dispositions Other than by Published Opinions.
2022 Board of Governors' Vacancies
The deadline for submitting nominating petitions is 5 p.m. Friday, Sept. 10, 2021. A narrative bio in Word (not to exceed 1/2 of a page) and photograph with resolution of 200 dpi or more is due by Sept. 10, 2021, to Debbie Brink at debbieb@okbar.org.
One representative is elected from each of the nine Supreme Court judicial districts, as such districts existed prior to January 1, 2020, pursuant to Order No. SCBD 4483 (2020 OK 17).
For information on current board members and officers, visit the Board of Governors page.
To volunteer, use this online form to sign up. You can choose a two-hour shift for the phone bank in Oklahoma City, Tulsa or your county bar. Remotely, you can answer questions that are sent to you via email or the OBA website.
Notice of Petition for Reinstatement
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 Colin Richard Barrett 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, OCTOBER 5, 2021. Any person wishing to appear should contact Katherine M. Ogden, Assistant General Counsel, Oklahoma Bar Association, P.O. Box 53036, Oklahoma City, Oklahoma 73152, telephone (405) 416-7007.
PROFESSIONAL RESPONSIBILITY TRIBUNAL
Notice of Judicial Vacancy
The Judicial Nominating Commission seeks applicants to fill a vacancy for the position of Judge for the Oklahoma Court of Criminal Appeals, Judicial District 1, which is comprised of Congressional District 1 as constituted on January 8, 2019. This vacancy is created by the appointment of the Honorable Dana L. Kuehn to the Supreme Court on July 23, 2021.
To be appointed to the office of Judge of the Court of Criminal Appeals an individual must have been a qualified elector of the judicial district applicable for one year immediately prior to his or her appointment, and additionally, must be at least 30 years of age and have been a licensed attorney, practicing law within the State of Oklahoma, or serving as a judge of a court of record in Oklahoma, or both, for five years preceding his/her appointment.
Application forms can be obtained online at www.oscn.net (click on “Programs,” then “Judicial Nominating Commission,” then “Application”) or by contacting Tammy Reaves at (405) 556-9300. Applications must be submitted to the Chairman of the JNC no later than 5:00 p.m., Friday, October 8, 2021. Applications may be mailed, hand delivered or delivered by third party commercial carrier. If mailed, they must be postmarked on or before October 8, 2021, to be deemed timely. Applications should be mailed/delivered to:
Chairman
Oklahoma Judicial Nominating Commission
c/o Tammy Reaves
Administrative Office of the Courts
2100 N. Lincoln Blvd., Suite 3
Oklahoma City, OK 73105
By Jim Calloway, Director
Management Assistance Program
Lawyers often deal with the challenges that occur when people die without making a last will and testament. One result is sometimes intestacy laws distribute property differently than the deceased might have wanted. Additional expenses and legal fees are almost always a result.
Similar challenges and expenses can occur when a lawyer dies or is disabled without leaving instructions as to how matters should be handled in their absence, whether permanent or temporary. The burden of deciding what to do falls on your spouse or other heirs, even though sometimes local lawyers may pitch in to help. But even if another lawyer agrees to help wind up a practice, do your heirs understand the client files must be first reviewed as that lawyer may be opposing counsel or have other conflicts related to some of the files? Those files should not be given to the assisting lawyer and another lawyer will have to help with those, even if only transferring them to your former clients.
Planning Ahead Guide: Attorney Transition Planning in The Event of Death or Incapacity is a guide the OBA provides to Oklahoma Bar Association members. It is detailed and comprehensive, containing forms to use in planning and execution. The Planning Guide is available for free download. Log into My OKBar (find the link above in the header of this page) and select Attorney Transition Planning Guide from the list of links at the right. Your heirs may not know who an appropriate lawyer would be to be the Assisting Attorney to aid them. It will go much smoother if you have secured the Assisting Attorney’s agreement to help them in advance. Even if you haven’t finished everything the Planning Guide suggests, just accomplishing those steps will provide your heirs much peace of mind and help them get started.
And if you are a lawyer who keeps the originals of clients’ wills and estate plans, you will want to review the section beginning on page 69 “Why Did We Ever Want to Keep Original Wills?”
