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LUBBOCK COUNTY BAR ASSOCIATION

Next Meeting: December 19, 2008 11:45 a.m., Lubbock Club

CLE 0.50, of which 0.50 is ethics

Topic: “Let’s Do Justice for Texas” Speaker: Harper Estes, President of the State Bar of Texas

BRING A STUFFED ANIMAL WITH YOU!!

Cost: $13.00 per person with advance reservations; $15.00 per person at the door

RESERVATIONS ARE IMPORTANT TO ASSURE SEATING & FOOD!!!

RESERVE BEFORE WEDNESDAY, DECEMBER 17th AT NOON.

By phone: 775-1389 By fax: 775-1615 By e-mail: lcba@lcba.org ___________________________________________________________________________________________________________ LUBBOCK LAW NOTES P.O. Box 109 Lubbock, TX 79408-0109 www.lcba.org Jeanne Fairman, Executive Secretary 806-775-1389

PRESORTED STDU.S. POSTAGE PAID LUBBOCK, TEXAS PERMIT NO. 798

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Vol. 22, No. 12 December 2008 Lubbock County Bar Association President - Brian Shannon President-Elect - Carolyn Moore Past President – Les Hatch Secretary - Kristi Ward Treasurer – Sam Hawthorne Directors – Gary Bellair Bill Franklin Mark Wagnon Terry Hawkins Laurie Key Harvey Morton ___________________ In This Issue… Donate an Animal …….. 1 Editor’s Note ……...2 West TX Museum ……...3 President’s Note ……...4 Lubbock Events ……...5 Bah Humbug! ……...6 In Memoriam ……...7 Thanks to LLPA .............8 Announcements ..…….9 Cases & Comments……..10 Minutes .….......11 It’s the People ……...12 Legal Clinics ……...13 Ralph Brock ……...14 In Memoriam ..…......16 Vox Populi ……...17 IOLTA ……...18 LSO ……...18 Courthouse Steps ……...15 Bar Meeting ……...16

Lubbock Law Notes

DONATE A STUFFED ANIMAL!

The Lubbock County Bar Association will hold its annual holiday gathering on Friday, December 19th, at 11:45 a.m. at the Lubbock Club. The Lubbock County Bar Association will continue its tradition of bringing a teddy bear or other stuffed animal to the December Bar

Luncheon. These stuffed animals will be donated for use at adoption proceedings. Each adopted child adopts a teddy bear and the siblings of the adopted child also receive a teddy bear so that they will feel part of the adoption process as well. Twenty-four children were adopted from the Lubbock, Terry, Hockley and Hale county area on November 21, 2008. Judge Hart has indicated that children prefer the larger teddy bears. Bar members are encouraged to bring a teddy bear or other stuffed animal to the Bar meeting on December 19th.

We look forward to seeing you at the December meeting. Guests are welcome. Make your reservations now by e-mailing LCBA at lcba@lcba.org or by calling Jeanne Fairman at 775-1389.

Best wishes to you for a very happy, peaceful, and relaxing holiday season!

Animals courtesy of shopzoo.com (San Diego Zoo).

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Note from

the Editor

Kristi Ward

I wish everyone happiness during the holiday season. As a legal community, we have had several from among our ranks pass away this past year. To those impacted families and friends, I offer my sincerest condolences and wish you peace in the coming year. The temptation to develop a cynical view of this time of year is great. As Bill Watterson, of Calvin & Hobbes fame, observes, “Oh look, yet another Christmas TV special! How touching to have the meaning of Christmas brought to us by cola, fast food, and beer... Who'd have ever guessed that product consumption, popular entertainment, and spirituality would mix so harmoniously?” Resist the temptation and instead engage in this season; regardless of religious affiliation or non-affiliation, everyone surely can embrace a time to give and love in a spirit of thankfulness and selflessness. Below are more quotes to make you think or at least bring a smile: Max Lucado, God Came Near. Were it not for the shepherds, there would have been no reception. And were it not for a group of stargazers, there would have been no gifts. Charles Dickens. Time was with most of us, when Christmas Day, encircling all our limited world like a magic ring, left nothing out for us to miss or seek; bound together all our home enjoyments, affections, and hopes; grouped everything and everyone round the Christmas fire, and make the little picture shining in our bright young eyes, complete. Happy, happy Christmas, that can win us back to the delusions of our childish days; that can recall to the old man the pleasures of his youth; that can transport the sailor and the traveller, thousands of miles away, back to his own fire-side and his quiet home! Dr. Seuss. And the Grinch, with his Grinch-feet ice cold in the snow, stood puzzling and puzzling, how could it be so? It came without ribbons. It came without tags. It came without packages, boxes or bags. And he puzzled and puzzled 'till his puzzler was sore. Then the Grinch thought of something he hadn't before. What if Christmas, he thought, doesn't come from a store. What if Christmas, perhaps, means a little bit more. While I had always heard the phrase, “Yes, Virginia there is a Santa Clause,” I had never read the item in its entirety. You’ll find the question and answer from 1897 reprinted here:

From the Editorial Page of The New York Sun, written by Francis P. Church, September 21, 1897.

"Dear Editor--I am 8 years old. Some of my little friends say there is no Santa Claus. Papa says, 'If you see it in The Sun, it's so.' Please tell me the truth, is there a Santa Claus?" Virginia O'Hanlon, 115 West Ninety-fifth Street

Virginia, your little friends are wrong. They have been affected by the scepticism of a sceptical age. They do not believe except they see. They think that nothing can be which is not comprehensible by their little minds. All minds, Virginia, whether they be men's or children's are little. In this great universe of ours man is a mere insect, an ant, in his intellect, as compared with the boundless world about him, as measured by the intelligence capable of grasping the whole of truth and knowledge. Yes, Virginia, there is a Santa Claus. He exists as certainly as love and generosity and devotion exist, and you know that they abound and give to your life its highest beauty and joy. Alas! how dreary would be the world if there were no Santa Claus! It would be as dreary as if there were no Virginias. There would be no child-like faith then, no poetry, no romance to make tolerable this existence. We should have no enjoyment, except in sense and sight. The eternal light with which childhood fills the world would be extinguished. Not believe in Santa Claus! You might as well not believe in fairies! You might get your papa to hire men to watch in all the chimneys on Christmas eve to catch Santa Claus, but even if you did not see Santa Claus coming down, what would that prove? Nobody sees Santa Claus, but that is no sign that there is no Santa Claus. The most real things in the world are those that neither children nor men can see. Did you ever see fairies dancing on the lawn? Of course not, but that's no proof that they are not there. Nobody can conceive or imagine all the wonders there are unseen and unseeable in the world. You tear apart the baby's rattle and see what makes the noise inside, but there is a veil covering the unseen world which not the strongest man, nor even the united strength of all the strongest men that ever lived, could tear apart. Only faith, fancy, poetry, love, romance, can push aside that curtain and view and picture the supernal beauty and glory beyond. Is it all real? Ah, Virginia, in all this world there is nothing else real and abiding. No Santa Claus! Thank God! he lives, and he lives forever. A thousand years from now, Virginia, nay, ten times ten thousand years from now, he will continue to make glad the heart of childhood.

Lubbock Law Notes A publication of the Lubbock County Bar Association

P.O. Box 109 Lubbock, TX 79408

806-775-1389 www.lcba.org

e-mail – lcba@lcba.org

Editor: Kristi Ward Committee Members:

Ralph Brock

Craig Brummett Jeanne Fairman Mitch Hankins Karen Jordan

Hon. J.Q. Warnick Lois Wischkaemper

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Mark W. Laney is pleased to announce JODY L. MYATT, Attorney at Law, has joined the Laney Law Firm and the firm name is changed to Laney & Myatt Law Firm; 600 Ash Street; Plainview, TX 79072; 806-293-2618; www.laneymyatt.com; mark@laneymyatt.com; jody@laneymyatt.com. The law firm of Hurd, Ziegler & Trevino, LLP has dissolved. New information: TODD M. HURD; Todd Hurd & Associates; 2306-A Ave. Q; Lubbock, TX 79411; Ph: 806-762-7016; Fax: 806-762-7046; t.hurd@texasattorneylaw.com. NATHAN ZIEGLER; Law Office Nathan Ziegler & Associates; 2302 Ave. Q; Lubbock, TX 79411; Ph: 806-765-8801; Fax: 806-762-3313; n.ziegler@westtexaslaw.com. CONNIE LAWRENCE; Consuelo D. Lawrence Law Office; 2302 Ave. Q; Lubbock, TX 79411; Ph: 806-686-4454; Fax: 888-314-2891; connie@consuelolaw.com. LEE FRANKS; Law Office of Nathan Ziegler & Associates; 2302 Ave. Q; Lubbock, TX 79411; Ph: 806-765-8801; Fax: 806-762-3313; l.franks@westtexaslaw.com.

OFFICE SPACE FOR LEASE/FURNITURE FOR SALE: Fully and nicely equipped and decorated ‘Turnkey Law’ Office in a good rented location for over seven years. Telephone numbers transferable, 2 rooms, 650+ Sq. feet, 3 wired workstations, telephone system, 8 four-drawer HON filing cabinets, existing practice, and much more. Retiring lawyer will mentor purchaser. $10,000 Contact: Dorset Bennett at 795-0000. OFFICE SPACE FOR LEASE: Office space available at 10th and Texas Ave. Easy walking distance to the courthouse. Phone, fax, and copier furnished. Contact: Sharon Snuggs at 763-9900 Office, 777-6813 Cell. OFFICE SPACE FOR LEASE: 1703 Avenue K, OFFICE SUITE $750.00; Two 12’x12’ offices and a 12’x24’ reception area. Includes use of Large Kitchen, ample parking, restrooms, separate entrance, and address. Recently remodeled with new carpeting. Office furniture available. Law Offices of Hurley, Sowder & Matthews. Contact: Robin Matthews at 763-0409. OFFICE SPACE FOR LEASE: Closing office. Granite credenza, leather chairs, conference table, cherry desks, loveseat, filing cabinets, copier, refrigerator, silk trees, bookcases, armoire available. Contact: Linda Smith at 535-2182. OFFICE SPACE FOR LEASE: two blocks from courthouse; two suites of two offices each, shared use of reception area, conference room, kitchen, and copy room; one inside parking space per suite and free parking on street next to building; $550.00 per suite, utilities included; 619 Broadway, Curry Law Firm, 744-2100. OFFICE SPACE FOR LEASE: Two rooms available, one big and/or one small even room for a separate reception area if needed. Perfect location right across the street from the jail and the courthouse. Price negotiable. Contact: Susan Rowley at 743-5900 or 438-5297. OFFICE SPACE FOR LEASE: 2223 34th Street; great location; established law office; positive blue sky; 2200+ sq feet; 3 offices, 2 bathrooms, conference room/library, reception area, break room, parking; available after August 31, 2008; shown by appointment; Contact: Jonathan Elms at 744-2353 or 543-1416.

Send your news, classified ads, address changes, and other items to Law Notes: lcba@lcba.org or lubbocklawnotes@gmail.com; LCBA office: 775-1389 Kristi: 761-0998

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Statement of H. Thomas Wells Jr., President, American Bar Association Re: FDIC Inclusion of IOLTA in Unlimited Deposit Insurance Under Temporary Liquidity Guarantee Program

CHICAGO, Nov. 21, 2008 – We applaud the Federal Deposit Insurance Corporation for clarifying the Temporary Liquidity Guarantee Program to include Interest on Lawyer Trust Accounts. Consistent with its mission to ensure stability in the banking community, the FDIC has acted to protect client funds and assure continued funding for programs that provide legal aid to poor people when economic uncertainties make the need for legal guidance most critical. As a result of today’s FDIC action, an individual client’s funds deposited in IOLTA are fully insured regardless of the amount. The ABA, working with state and local bar associations and individual lawyers nationwide, made a persuasive case to the FDIC why IOLTA funds must be included in the expanded insurance program. Had the FDIC failed to expand full coverage for IOLTA, lawyers would have had to consider abandoning IOLTA for fully insured non interest bearing accounts or moving IOLTA funds from community banks to the larger “too big to fail” banks. Abandoning IOLTA would have been catastrophic for IOLTA programs in all 50 states, which provide funding for legal aid for the poor. Moving the accounts to larger banks would have defeated the FDIC’s purpose in creating the TLGP. The leaders of the House Financial Services Committee and the Senate Banking Committee, more than 20 U.S. senators, members of the House Judiciary Committee and many individual representatives urged the FDIC to include IOLTA in the TLGP. This bipartisan effort by members of Congress, plus the efforts of state government officials, community banks, consumer groups, bar associations and foundations, law firms and individual lawyers nationwide, all emphasized to the FDIC the importance of IOLTA programs as the second largest source of funding for legal services to the poor. With today’s action by the FDIC, IOLTA programs can continue make a real difference in the lives of low-income Americans.

Out of This World! Friday & Saturday, January 16 & 17, 2009 8 pm

Civic Center Theatre

Karl Dent, Tenor

With the dawn of the New Year, the LSO begins an expedition of strange new worlds fitting of Kubrick’s 2001 Space Odyssey. Hearing Ligeti’s ethereal music from the film, we will visit the sounds and sonorities of the vast expanse of outer space and the stillness of the cosmos. We then take a step back and hear a child’s innocent perspective of our own world brought to us by

Finzi, completing the concert with Holst’s triumphant trek to our wondrous, celestial neighbors.

Atmoshperes Ligeti

Dies Natalis, Op. 8 Finzi

The Planets Holst

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FROM THE PRESIDENT

Holiday Musings

By Brian Shannon

We often hear a lot of criticism about our youth and the young adults of today. Indeed,

one tends to read frequent commentaries that they are too self-absorbed and don’t have the same type of work ethic and dedication of the young people from prior eras. Perhaps, it’s just a generational thing. My parents’ generation likely said the same thing about my own contemporaries. But, recent events have cast serious doubts about these sorts of broad proclamations. Regardless of your choice in the recent presidential election, even the most jaundiced citizen has to be thrilled about the overwhelming participation and excitement among the youth of this country who not only got deeply involved in the process, but also showed up to vote. Similarly, study after study has shown a growing level of participation by today’s youth in public service and charitable activities. Closer to home, for the last many years, our law students (and other Tech students across campus) have participated in the Salvation Army’s Angel Tree children’s toy and clothing drive. As described on the Salvation Army’s website, the “Angel Tree program provides new clothing or toys for children of needy families.” Participants select “numbered paper angel tags with the first name, age and gender of a child who will receive” gifts. The contributors pick out one or more tags and then “purchase appropriate gifts for the child or children described on the tags.” At Tech Law, various student organizations have picked up the Angel Tree tags from the Salvation Army and made them available to volunteer law students. Then, as December approaches, the toys begin to be delivered. We usually have a big tree in our main lobby by the stairwell near the main entrance to the law school. As the Angel Tree gifts start arriving, the area becomes filled with gifts. The photos that accompany this article scarcely do justice to how the hallways look. They are filled with shiny new bicycles and other toys. For the last two or three years, I estimated that there were over 50 bicycles lining the hallways. The area tends to look

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VOX POPULI

By Hizonor JQ

“We have met the enemy and it is us.” Walt Kelly’s Pogo

Recently, USA Today had an editorial about how either of both

parties who control a state legislature will re-district the congressional voting districts to ensure that their folks get elected to Congress. Incumbents win re-election regularly because of this system. The editorial contained the following quote: “Instead of voters picking their representatives, the representatives pick their voters.” I have a Bachelor’s Degree in Political Science from Texas Tech. So the following is my contribution of “Political Science for Dummies.” DEMOCRAT-You have two cows. Your neighbor has none. You feel guilty about being successful. You push for higher taxes so the government can provide cows to everyone. REPUBLICAN-You have two cows. Your neighbor has none. SO???? SOCIALIST-You have two cows. The government takes one and gives it to your neighbor. You form a cooperative to tell him how to manage his cow. COMMUNIST-You have two cows. The government seizes both, but provides you with milk. To get the expensive and soured milk, you wait in line for hours. CAPITALISM, AMERICAN STYLE-You have two cows. You sell one and buy a bull. You build a herd of cows. CORPORATION, AMERICAN STYLE-You have two cows. You sell one, lease it back and do an IPO on the second one. You force the two cows to produce the milk of four cows. One cow drops dead. You send an announcement stating you have downsized and are

reducing expenses. Your stock goes up. BUREAUCRACY, AMERICAN STYLE-You have two cows. Under the farm program, the government pays you to shoot one, milk the other, and then pour the milk down the drain.1 FRENCH CORPORATION-You have two cows. You go on strike because you want three cows. You go to lunch and drink wine. Life is good. ITALIAN CORPORTATION-You have two cows, but you don’t know where they are. You break for lunch and drink wine. Life is good. JAPANESE CORPORATION-You have two cows. You genetically re-engineer them. They are one-tenth the size of an ordinary cow and give twenty times as much milk. They are able to travel on crowded trains and are at the top of their class at an American cow school. FLORIDA CORPORATION-You have a Hereford and a Jersey cow. Legally registered voters are permitted to vote for the best looking one. People claim to have mistakenly voted for the wrong one, some vote for both, some vote for neither, and some can not decide how to operate the voting machine. A group of people from out of state tells you that one was voted the best looking cow. POLISH CORPORATION-You have two bulls. Employees are regularly injured and gored while attempting to milk the bulls. CALIFORNIA CORPORATION-You have many cows. You make California cheese. TV and movie producers film stories involving the ones with the biggest udders. ___________ 1. Several years ago, the government proposed to began paying hog farmers not to raise as many pigs. People, who did not raise pigs wanted to sign up to be paid not to do what they were already not doing, and thereby assist the government with this money saving program. Most felt the first year they would be able to not raise a couple hundred pigs. Given five years in the program and they would be up to not raising thousands of pigs.

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RESOLUTION OF THE LUBBOCK COUNTY BAR ASSOCIATION

JOE A. ADAMCIK A meeting of the Lubbock County Bar Association has been called to meet on Friday, November 21, 2008. The purpose of the meeting is to memorialize the life and career of Joe A. Adamcik, a respected member of the association. Joe was born June 28, 1930 in Williamson County, Texas to Joe and Pearlie Mae Adamcik and was raised in Austin. Upon graduation from Stephen F. Austin High School, he was awarded a full four-year scholarship, which was front page news in Austin in 1947. He chose the University of Texas in Austin, where he earned his bachelor's degree. His college career, like that of many of his generation, was interrupted by his military service. Joe proudly served his country as a Lieutenant Junior Grade in the United States Navy. After his discharge, he resumed his studies at the University of Texas and earned his master’s degree. Joe then earned his Ph.D. in Chemistry from the University of Illinois in 1958. Joe began what would become a thirty year illustrious career teaching at Texas Tech University in 1957 as an Associate Professor of Chemistry and Bio-Chemistry. He was published multiple times during his tenure and was honored to serve on the Board of Directors of the American Chemical Society. He served as vice president of the Faculty Senate in 1983. “Dr. A,” as he was lovingly known by his students, was dedicated to helping his students in their pursuit of health professions. After thoughtfully considering his future, he decided on early retirement in 1988 and was named a professor Emeritus. He was not finished with challenges and entered the Texas Tech School of Law, earning his Law Degree in 1991. It is not surprising that he graduated near the top of his class. He became a practicing attorney, and even then was asked to teach a few classes in the Texas Tech School of Law. He was a member of the Lubbock Criminal Defense Lawyers Association and the Lubbock County Bar Association. He was admitted to practice in all state courts, in the United States District Court for Northern District of Texas, and the U.S. Court of Appeals, Fifth Circuit. Sadly, due to failing health, he was forced to retire from his practice, but did serve as a mediator with the Lubbock County Dispute Resolution Center. He volunteered whenever needed at the DRC. Joe was very detail-oriented and methodical. He frequently contributed his academic expertise to write training materials for the DRC. He was always the first person to volunteer and never turned down a request for help. He was very prompt and was always the first to arrive for any function he attended. In addition, he never stopped his quest for knowledge, and he attended virtually every Continuing Legal Education course offered by the DRC, the Bar, and the School of Law. Joe had many avocations also. One of his many interests was astronomy. He built two telescopes of his own, and he had recently purchased a large telescope to further his studies of the heavens. He still read the classics, studied the Bible, and was an avid follower of recent politics. One of his greatest joys in his life was of knowing of the continuing love and admiration shown to him by many of his ex-students. He was thoughtful of his friends and very self-aware. Shortly before his death he called friends to say goodbye, knowing his time was short even when they did not. It is a great summation of his life that, in remembrance of him, it was Joe’s wish that his friends would be a mentor for a child, encourage a student to press on, never stop learning, read a good book, and look to the heavens for a meteor shower! Joe is survived by his sister, Jeanette Shelton and her husband, Emmett; and by nephews, Ron and his wife, Laurel, Barry and his wife, B.J., and Rick and his wife, Bobbie; and by a niece, Cyndie Shelton. He is also survived by his many former students, as well as his fellow lawyers and friends who deeply regret his passing.

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something like the toy section at Wal-Mart rather than an educational institution.

As you ponder such a scene, remember those first few weeks of early December during your law school years. Remembrances of the stresses and fears associated with final exams are probably more haunting than Jacob Marley’s ghosts. Yet, these students of ours have taken time away from their preparations for finals and their own worries to help brighten the lives of children whom they likely will never meet. It’s hard to walk by this incredible outpouring of generosity by our students without getting choked up with admiration and pride.

With Thanksgiving now behind us and Christmas around the corner, take some time to spend with your family and friends and be mindful of those families for whom a shiny new bicycle or warm, new clothes would only be a wish without the munificence of others – including and especially our caring young adults and youth. See you at the December 19 bar luncheon. As I have urged in prior columns, make it a point to call a friend whom you have not seen for a while and invite him or her to join you for a great lunch, camaraderie with your colleagues in the bar, and a fine program that will earn you some CLE.

WHAT’S GOING ON IN LUBBOCK?

Once upon a time, it seemed as if there was nothing to do in Lubbock. That is certainly not the case these days. There is now a full schedule of sporting events, concerts, plays, lectures, art exhibits, classes, trade days, food festivals, and other interesting events to keep Lubbock residents busy and entertained. How do you find out what’s going on, though? Here are some websites you can use to stay connected:

Lubbock Fun Club Calendar of Events

www.lubbockfunclub.com

Texas Tech Events Calendar http://techannounce.ttu.edu

Lubbock Chamber of Commerce Calendar of Events

www.lubbockchamber.com

Lubbock Avalanche-Journal Entertainment News http://www.lubbockonline.com/around_town/

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Bah Humbug! Please, No Gifts.

By David Slayton

Each holiday season a number of attorneys, law firms, bonding companies and others in the legal community decide to express appreciation to court staff through gift giving. While the court staff is appreciative of your expressions of gratitude, this holiday season, we are asking that you refrain from giving gifts. The Texas Code of Judicial Conduct explicitly states that judges may not accept gifts, except in very limited situations. The Code of Judicial Conduct goes on to

state that court staff are subject to the same rules governing the judges. Therefore, neither the judge, nor any of his/her staff, are allowed to accept gifts.

A 1996 judicial ethics opinion deals directly with this issue:

QUESTION: Is it a violation of the Texas Code of Judicial Conduct for a judge, court coordinator, court reporter (and clerks and bailiffs) to accept holiday or seasonal gifts (assuming such to be commensurate with the occasion)? ANSWER: Yes. A judge may only accept a gift from a friend for a special occasion and then only if the gift is fairly commensurate with the occasion and the relationship. A Judge may accept any other gift only if the donor is not a party or person whose interests have come or are likely to come before the judge. The Committee concludes that a holiday or seasonal gift from a lawyer or law firm where a lawyer is not a friend is prohibited. Where a friendship exists, the gift must be commensurate with the occasion and the judge must be mindful of Canon 2A and should act in a manner that promotes public confidence in the integrity and impartiality of the judiciary. A judge should not convey or permit others to convey the impression that they are in a special position to influence the judge. The answer above applies equally to the judge's staff, court officials and others subject to the judge's direction and control.

This holiday season, the courts ask that you refrain from placing staff in the position to reject your holiday gift. Gifts include items such as gift cards, picture frames, buckets of popcorn, etc. The only appropriate expression of holiday cheer toward a court employee would be a holiday greeting card. Thank you in advance for your cooperation.

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Figure 1 Figure 2 In the security line, he shows the altered boarding pass to the TDC, along with his real ID. The TDC is not checking Achmed’s name against the no-fly list – remember, that was done when the Achmed purchased the ticket with John Doe’s stolen credit card. The TDC determines that Achmed’s ID is legitimate and initials the altered boarding pass. Achmed proceeds through security, removing his shoes, etc., and as he passes through the magnetometer, the altered boarding pass is initialed again. Once inside the secured area, Achmed finds a secluded spot and forges the TSA squiggles from the altered boarding pass to the John Doe boarding pass. When his flight is called, Achmed nonchalantly hands the John Doe boarding pass to the gate attendant. Because the encoded information on the boarding pass matches the computer records, the gate attendant welcomes Achmed and he boards the aircraft. Goldberg reports that the TSA is aware of this flaw in the system but the director of TSA, Kip Hawley, dismisses it as merely a “vulnerability,” and “[t]here are vulnerabilities everywhere, in everything.” Duh! The time to check the passenger’s ID against the no-fly list is at the time of boarding, not when the ticket is purchased. If that were required, the boarding pass scheme wouldn’t work. TSA is changing the rules, starting in 2009. Eventually you will be required to provide your full name (defined as the name as it appears on your picture ID) and your date of birth. This is not to improve security, but to help correct mis-matches on the no-fly list. So now, when Achmed steals your credit card, he will need to steal your driver’s license as well, to get your full name and birthdate. ______________________________ 1Transportation Security Administration, Travel Document Checker (TDC), http://www.tsa.gov/what_we_do/layers/tdc/index.shtm. 2Ibid. (emphasis added). 3Jeffrey Goldberg, The Things He Carried, THE ATLANTIC, Nov. 2008, at 100, 104. 4This is a very simple procedure. I downloaded Fig. 1, a real boarding pass, and altered it in two or three minutes, as it appears in Fig. 2.

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How to Circumvent the No-Fly List

By Ralph Brock As readers will recall, I’ve long been skeptical of post-9/11 airline “security” measures. Apart from hardening cockpit doors, which probably would have prevented 9/11 had airlines not successfully resisted such requirements prior to 9/11, little has been done to improve airline security. Since then, the inconvenience and indignities forced upon the flying public (but generally not applied, for example, to rail passengers) are mostly for show.

Take the Travel Document Checker (TDC) – the TSA employee who puts your ID under a special light or a magnifying glass and compares it to your boarding pass. The TSA website claims this increases security, but its real purpose is to intercept “suspect, illegible or expired documents, including passports, visas and drivers licenses.”1 The TSA brags that “[t]o date, the efforts of security officers have resulted in [drum roll, please] more than 40 arrests.”2 No terrorists, but who’s counting? Jeffrey Goldberg, a national correspondent for The Atlantic, writing in the November issue about the airport security sham, reports on how he was allowed to pass through airport security with no ID (he claimed to have lost his driver’s license), a fake boarding pass, and an Osama bin Laden T-shirt under his coat. The TDC did require him to talk to a supervisor, to whom he showed a credit card, a library card, and a health-insurance card. The supervisor told him he really should travel with a second picture ID and let him continue through screening.3 The fake boarding pass is how you circumvent the no-fly list. As any commercial flyer knows, the boarding pass comes into play three times before you board the airplane. You purchase a ticket, after which you print a boarding pass, either on your own printer or at a kiosk at the airport. You present the boarding pass and your ID to the TDC at the security checkpoint, and again as you pass through the magnetometer, and finally when you board the aircraft. Bruce Schneier, a persistent critic of the TSA, explained to Goldberg how the fake boarding pass works. It works because the only time your name is checked against the no-fly list is when you purchase your ticket. To circumvent this, Achmed Terrorist steals a credit card and uses it to make a reservation in the name of John Doe, the unwitting cardholder. Achmed has his own legitimate ID – a driver’s license or a passport – and as the time for the flight approaches, he downloads a PDF of John Doe’s boarding pass, which he alters on his computer to match his real ID.4 He prints the altered boarding pass and John Doe’s real boarding pass. As he prepares to go through security, he carries both boarding passes.

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RESOLUTION OF THE LUBBOCK COUNTY BAR ASSOCIATION

CHARLES GALEY A special meeting of the Lubbock County Bar Association has been called to meet in the 137th District Courtroom on Thursday, November 13, 2008. The sole purpose of the meeting is to memorialize the life and career of Charles Galey, a revered member of the Association. The colleagues, family and friends of Charlie will have the opportunity to share with each other remembrances of Charlie, each in his own way. Charlie was born in County Line, Cochran County, on November 15, 1931, the only child of Hershel and Beatrice Galey. He attended Shallowater schools and graduated from Lubbock High School in 1949. He was honored to be voted President of the student body and All-Westerner boy. He received a full athletic scholarship at Southern Methodist University where he played baseball and basketball. Ultimately he was named co-captain of the basketball team and captain of the baseball team, where he earned the nickname “Jolly Charlie.” After completing his undergraduate degree in management at Southern Methodist University in 1953, he played professional baseball for the Lubbock Hubbers. Charlie served as a First Lieutenant with a military specialty in air traffic control in the U.S. Air Force from 1954-1956. Charlie met his future wife, Gloria Ruth Snell, on a blind date set up by friends, Jack and Marjorie Kastman, after meeting Gloria’s cousin at an ROTC summer camp. On April 21, 1956, they married at the First United Methodist Church in Lubbock, beginning what would become a Fifty-two year marriage. He then attended law school at Southern Methodist University on an academic scholarship. After graduating law school in 1959 and becoming licensed later that same year, he and Gloria moved back to Lubbock. He joined the Campbell, Brock, Waters and Wright Law Firm and later became a partner. After several years he established his own firm in Lubbock and served as the first attorney for the Lubbock County Hospital District and continued in that capacity till he retired. He later joined the firm of Jones, Flygare, Galey, Moody & Brown, which subsequently became Jones, Flygare, Galey, Brown & Wharton. In 1997, he established Galey & Wischkaemper where he practiced until his retirement in 2003. Charles Galey was widely known and respected as a dedicated advocate for his clients. He concentrated his practice in the area of civil litigation, generally serving as defense attorney. He was admitted to practice in all state courts, in the United States District Court for Northern and Western Districts of Texas, the U.S. Court of Appeals, Fifth Circuit, and the United States Supreme Court. Charlie believed in the rule of law and our system of justice. He enjoyed the company of other lawyers and the spirited, but collegial, discussion that often took place. Charlie found time for a myriad of civic responsibilities. Charlie was chairman of the board for Lubbock MHMR and a committed advocate for children with special needs. He was president of the Lubbock County Bar Association, a member of the Southwest Rotary Club, and a 32nd Degree Mason. Charlie had many avocations also. He was a great tennis player and played weekly with the same group of friends for over forty years. He loved baseball, basketball, handball, racquetball and fishing. Charlie was an ardent Democrat and followed politics closely. He enjoyed a good mystery novel and a fine glass of wine. He was very active in the lives of his children. He was a strong Christian and a life-long member of the First United Methodist Church. He is survived by his wife, Gloria; son, Charles Gregory Galey; and daughter, Ginifer Ruth Galey. He is also survived by a host of fellow lawyers and friends who deeply regret his passing.

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A SPECIAL THANKS FROM LUBBOCK COUNTY BAR ASSOCATION

TO LUBBOCK LEGAL PROFESSIONALS ASSOCIATION

By Jeanne Fairman, Executive Secretary, LCBA

In the year that I have been Executive Secretary of the Lubbock County Bar Association, I have received help from many sources and am very grateful to all members of the Bar for their patience and understanding while I attempt to “learn the ropes.” An organization that has come to my rescue on more than one occasion and which has been especially helpful to LCBA and me is the Lubbock Legal Professionals Association. This organization has served the Legal Community of Lubbock County for 50 years. The local chapter is associated with NALS, Inc. and Texas Association of Legal Professionals. A strict Code of Ethics binds members and includes:

Respect for law and the administration of justice; Observe rules governing privileged communications and confidential information; Promote and exemplify high standards of loyalty, cooperation and courtesy; Perform all duties of the profession with integrity and competence; and Pursue a high order of professional attainment.

This Association strives for professionalism and integrity in its members and offers educational opportunities and certification programs to assist members in achieving this goal. Membership meetings are the third Tuesday of every month. Those in the legal profession who are interested in additional information may contact any LLPA member, or Vicki Laing, CSR, RPR, V.P. Membership, P.O. Box 65434, Lubbock, Texas 79464; telephone – office: 806-863-2118 and facsimile: 806-863-3219. Vicki’s email address is mlaing@sptc.net. Some of the services performed by LLPA are:

Compiling a Legal Directory of attorneys in the Lubbock area; o This year, photos of attorneys were included with the contact information. o All members of the legal community utilize this directory extensively.

Sponsoring a Bosses’ Night, which provides an opportunity for attorneys and legal professionals to enjoy a social evening, program and food;

Sponsoring an Annual Day in Court; and Donating to local charities.

LLPA pays for two of its members to attend the monthly meetings of the Lubbock County Bar Association and their assistance has been invaluable to me in seeing that things go smoothly at these meetings. I would like to express my heartfelt appreciation to this group for the outstanding work done by its members.

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Equal Justice Volunteer Program

“FREE”

LEGAL CLINICS

Free legal help on general civil matters, no criminal and no personal injury.

Must meet income-eligibility guidelines.

St. John’s Legal Clinic

Date: 2nd & 4th Tuesday of Every Month Time: 5:30 to 7:30 p.m.

Location: St. John’s United Methodist Church 1501 University, Lubbock, Texas

Mae Simmons Legal Clinic

Date: 1st Thursday of Every Month Time: 5:30 to 7:30 p.m.

Location: Mae Simmons Community Center 23rd Street and Oak Avenue, Lubbock, Texas

SPII (Student Public Interest Initiative) Legal Clinic

Date: 1st Tuesday of Every Month Time: 6:00 to 8:00 p.m.

Location: Texas Tech University School of Law, Clinical Program

1802 Hartford Avenue, Lubbock, Texas

Equal Justice Legal Clinic

Date: 3rd Thursday of Every Month Time: 5:30 to 7:00 p.m.

Location: Legal Aid of Northwest Texas

1220 Broadway, Suite 1601, Lubbock, Texas

Free Legal Help By Phone

To apply for Legal Assistance and/or Legal Advice Please call toll-free at 1-800-933-4557 or 763-4557

Intake Days are Monday p.m., Tuesday & Wednesday 8:30 a.m. to 4:30 p.m.

For More Information about these clinics Contact Nancy Mojica @ 763-4557 or 1-800-933-4557—mojican@lanwt.org

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the Bar will sponsor the wine/cheese part of the seminar. LCDLA has contributed $250; LYLA has contributed $250; LCBA voted to contribute $250. Les Hatch is still waiting on the composite proof. The company is trying to decide whether to include middle initials or middle names. Everyone who had his/her picture made will appear in the composite. Anna McKim reported that the LYLA’s golf tournament was a success. LYLA will make a $3,000 donation to WPS. Pat Knight spoke at the tournament. LYLA also presented an award to Judge Lanehart. LYLA is participating in a fellowship on October 15, 2008 at Café J with law students. They are also holding the swearing-in ceremony. Firms can contact Laurie Key or Ty Hamm if they have law graduates who can participate in the swearing-in ceremony. Wendy Durbin reported that the Bankruptcy Bar is holding its annual seminar (12 hours of CLE). Donnie Yandell reported on the LCDLA’s mental health courts initiative in conjunction with the Taskforce on Indigent Defense. He also discussed the Prairie Dog Seminar, which is scheduled for March at the law school. Jolyn Wilkins was unable to attend the Board Meeting, but Anna McKim reported the Collaborative Law Section’s website is working. The Mexican American Bar Association reported that it is planning events. No one was present to report from the Women Lawyers, Family Law Association, or South Plains Trial Lawyers. Carolyn reported that she thought the speaker for the Women Lawyers was going to speak on Bates.

It’s the People

By Merinda K. Condra

Often, I hear out-of-towners wonder why someone would live in Lubbock, or West Texas. Invariably, I hear locals respond with various reasons that always include “the people.” There is much truth to that statement, as I can personally attest. This September, when we had “the flood,” Adoption Covenant had three adoption finalization hearings scheduled. Each family was either from out of town, or out of state. They had expended a great deal of time and money to get here to finally make their dream a legal reality. Then – All Lubbock County Courts Closed. In Dallas or Houston, or most other places, that would have been the end of it. Each family would have been forced to go home, wait for another court date, and then spend the time and money to travel back. Not in Lubbock. Mary Lou Elms, Court Coordinator for Judge Cecil Puryear, contacted David Slayton, Director of Court Administration. David found Judge Brad Underwood. Judge Underwood and District Clerk Barbara Sucsy came and opened up the Lubbock County Courthouse for these families. They came when they did not have to, so these families could have their miracle. So, on behalf of Adoption Covenant, and these families, thank you. Thank you for helping these families have their miracle and thank you for reminding me, “It’s the people.”

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State Bar of Texas Minority Director Nominations Sought. Nominations are being accepted for a minority director position on the State Bar Board of Directors for a three-year term beginning June 2009. Four appointed positions were created on the Board in order to increase minority participation as well as to provide representation from varying professional, geographic, and social environments. One position will become vacant in 2009. Nominations must be received no later than 5:00 p.m. on December 15, 2008, and must include the following: a nomination letter from a third party; a resume, which includes bar participation, civil, and political activities, ethnicity, gender, and place of residence; and letters of recommendation. Self-nominations will not be accepted. Submit the complete nomination to: Michelle Cheng Ad Hoc Committee to Select Minority Directors c/o State Bar of Texas 1414 Colorado Street, Ste. 300 Austin, TX 78701-1627 For more information, contact Candiss Held at (800) 204-2222, Ext. 1416 or cheld@texasbar.com.

LCYLA Ski Trip. January 16th - 18th (19th if you'd like). Ruidoso, New Mexico. Cost for 16th-18th is $100. Additional $30 to stay through 19th. Cost includes lodging, one group meal, snacks and one day's lift ticket or a voucher for cash for cost of ticket for non-skiers. We are staying in several condos at Alto Mountain Village and need reservations AND full payment by December 29th to assure proper accommodations have been made. Payments made are non-refundable after the 29th, but you may substitute for different people at any time. Each paid LCYLA member is welcome to bring one guest. Please RSVP to Anna McKim with names of those attending, whether they will need a lift ticket, whether they are staying through the 19th, and any requests to lodge with other specific individuals. No guarantees can be made on lodging requests, but we'll do our best. Feel free to email with any questions. Even if you've already indicated an interest in attending, please RSVP with the above information to amckim@lubbocklawfirm.com. Payment may be forwarded to Treasurer Laurie Key at 1213 Ave. K, 79401.

Investiture Ceremony. The Lubbock County Board of Judges cordially invite you to attend the investiture ceremony of STEPHEN L. JOHNSON, ASSOCIATE JUDGE; Thursday, December 18, 2008; 3:00 P.M.; 137th District Courtroom; Lubbock County Courthouse; 904 Broadway, Third Floor.

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Cases and Comments from the Seventh Court of Appeals

By The Honorable Judge Quinn Though a trial court’s plenary power over a final judgment may have expired, it still has some authority to act. It encompasses the ability to enforce the terms of the instrument it signed. That does not mean, however, that it can make substantive changes to the judgment or the obligations imposed by it. And, that is what happened in State v. Chapman Children’s Trust, No. 07-08-0050-CV, 2008 Tex. App. LEXIS 7556 (Tex. App. – Amarillo October 8, 2008), when the trial court ordered the State to undertake street improvements in line with an agreement between the trust and the city of Amarillo. That agreement was non-existent when the judgment was entered. How about those situations where evidence can be admitted but only for limited purposes? When they arise, it is appropriate to seek and receive an instruction directing the jury to consider it only for those specific purposes. The catch is, though, that the instruction must be requested at the time the evidence is first presented. If one delays, such as until the court is charging the jury after both sides have closed, then it is too late. And, that was the circumstance in Navarro v. State, No. 07-08-0127-CR, 2008 Tex. App. LEXIS 8033 (Tex. App. – Amarillo October 22, 2008). Because of the delay there, the jurors were free to consider the evidence without restriction. So, your client wants a chance to buy a particular tract of land in the future. Well, there are at least two ways that can be done. One is through a right of first refusal. Another is through an option to purchase. And, though both can lead to the same result, they are two different birds altogether, as the appellant in Dion’s of Tex., Inc. v. Shamrock Econ. Dev. Corp., No. 07-07-0373-CV, 2008 Tex. App. LEXIS 8270 (Tex. App. – Amarillo October 31, 2008) discovered. A right of first refusal is triggered when the owner decides to sell the property and usually cannot be invoked until then. But, one who has an option to buy normally can exercise it whenever he wants and irrespective of the land owner’s interest in selling. So, Dion’s effort to buy the land went for naught since it only had a right of first refusal and the city of Shamrock did not want to sell it at the time.

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MEETING OF THE REGULAR MEETING Of the Board of Directors

Lubbock County Bar Association October 14, 2008

The regular meeting of the Board of Directors of the Lubbock County Bar Association was held in the Conference Room of the Lubbock County Law Library in Lubbock, Texas, on October 14, 2008 at 5:30 p.m. Present for the meeting were: Brian Shannon, President; Les Hatch, Past President; Carolyn Moore, President-elect; Terry Hawkins, Director; Kristi Ward, Secretary and Editor of Lubbock Law Notes; Wendy Durbin, Bankruptcy Bar; Harvey Morton, Director; Gary Bellair, Director; Sam Hawthorne, Treasurer; Anna McKim, Law Day; Michael Wysocki, Law Day; Mark Wagnon, Director; Pat Metze, Bail Bondsman; Donnie Yandell, LCDLA; Bill Franklin, Director; and Jeanne Fairman, Executive Secretary. Brian Shannon called the meeting to order. A quorum was present. The August and September minutes were presented and approved. Sam Hawthorne gave the Treasurer’s report. The accounts had $23,885.00. $8397.00 is in the Maximizer account, and $5667.00 is in the Sickness account. The Board discussed exploring a higher interest rate in a secure, money market account. Sam will check to see what the bank currently offers or if there are other alternatives that would offer a higher return. He will report on what he finds at the next board meeting. Jeanne Fairman reported that she is having difficulty sending pdf attachments. She can not get the pdfs to attach through the mail merge she uses to e-mail all attorneys. Judge Underwood paid for additional memory for the computer as a donation to the LCBA. Eric Metze reported to Jeanne that he will set-up the bar website for $1000-$1500. His maintenance charge is between $52-100 monthly. For the first year, maintenance is included. LYLA reported that it has someone who charges $1000 to set-up the site and charges $100 annually for maintenance. The Board will gather additional information, and then, vote on the issue. Jeanne further reported that 431 attorneys have paid their dues or are exempt for the current year of 2008-2009. Last year saw a total membership of 451 attorneys who paid their dues or were exempt. Justice Hancock very graciously agreed to help send out renewal letters to those attorneys who have not yet renewed their dues. Kristi Ward, Lubbock Law Notes editor, gave her report. The submission deadline for the October issue is October 17, 2008. Kristi reminded everyone of the importance in submitting articles. She also thanked Laurie Key and the LCDLA for making the reprint from the Texas Lawyer possible. Michael Wysocki spoke about Law Day plans. The theme for this year is “Legacy of Lincoln.” He has contacted a scholar of Lincoln who gives seminars regarding the law and Lincoln and also dresses up and acts as Lincoln. The scholar’s website is www.lincolninstitute.com. Michael contacted him. The scholar suggested that while he is in Lubbock, he act as Lincoln, show up at Law Day as Lincoln, etc. He will present as Lincoln and speak as Lincoln would have on why he decided to be a lawyer, his role, etc. The charge is $1100 plus travel and hotel with 15% down. Michael does plan to have sponsors this year. The Country Club is already booked. Law Day is scheduled for May 1, 2008. Harvey Morton suggested that we could have the speaker come a day early and visit area schools as Lincoln. All agreed this would be a good idea if the cost is feasible. Carolyn Moore reported that the Golf book auctioned at the LYLA paid for both books. The November bar speaker will be Judge Medina. December’s speaker will be Harper Estes, and January’s speaker will be Matt Powell. Brian Shannon reminded everyone of the swearing in ceremony for Judge Parker. He also reminded everyone that the October Luncheon will be at the Law School in conjunction with the Litigation Section’s Seminar. Judge Furguson will be the luncheon speaker. Laura is working on the recent memorials. Brian is waiting on further information from Legal AID for distribution. Professor Lowey puts on an annual criminal seminar at the Law School. He has asked if