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PUBLISHER ArklltIIiU Bar AJJocillllon

Phone.': (501) 375-4606 Fax: (501) 375-4901 Homtp:tge www.:I.rkb:u.com

E-M:l.il: ahubb.1.n:I@:I.rklnr.com

EDITOR Anna Hubbard

EXECUTI VE DlREC r OR Doll HolfillgflvtmiJ

ASSOCIATE EXECUTIVE DIREc r OR Kart" K. Huuhills

EDITORIAL BOARD Philip E. Kaplan, Chair

Judge Wilry A. Br.mton, Jr.

Michdle H. uulcoy Milton Fine, II

Willi:l.ffi D. I'bug/It

Muy Beth Manhews Stuart I~ Miller

Gon:lon S. Rather, Jr.

Christopher Tr..vis

David H. Williams

'Ii::rcsa M. Wineland

OFFICERS President

Jama D. Sprott I:\ru.rd of r:ovc:mnr~ Ch:l.ir

J ..... cu.dy 'Thytt President· El«:t

Richard L Ramllay

Immediate Pa5t Prc:sidCIil A. GI£Il.D YUKI'

XcTrury-TmlSurcr Wdliam. A. M.niD

P:l.rli:l.ITlenlari:l.o J. Leon Joau..­

Young uW}'ers Section Chair Mimdle R Cauley

BOARD OF GOVERNORS Thoma$ M. urpcmer

NikiT Cung

Jim Pat Flowers

David M. Fuqua Charld L H:uwdl

Anthony A. Hilliard

Colene D. Honor..ble

Willi:I.ITI O. James

Jim LJuJjan

Sean T ~ith

Harry A. Light Chalk S. Mitchell

John R. Peel

Donna C. Petrus Danny M. Rasmussen

Brian H. Ratcliff Fr..nk B. So:wall

Todd M. Turner

John T. Vines

Eddie H. Walker, Jr.

Tom D. Womack

LIAISON MEMBERS Judge John Finley Don Hollingsworth

&Indolph C. Jackson Phyllis M. McKenue

Jack McNulty Judge Ria: Van Ausdall

Carolyn B. Witherspoon

71NAdttJ/,IIU u",?"(USPS )46-040) u pubfuhed quvlcr!y by tht Arb_ 8M At.loci:l.lion. Prriodic:al. pcnUfF p>od " Llllk Rock, Arlanw. POSTMASTER: ~ :oddras cmnga 10 1Jr. Arh_ IA..,..,., 2224 Cotloncbl~ I..an(:, Liuk Rodr:, Atbnw 722(l2. Subwiption pria: '0 non-~Ix:n or ,he Arkalllas lID Auocia,ion $35.00 pcr)'Ol'. Any opinion apn:sscd herein is thaI of ,he all'ho., :I.nd not r>eCaJUily tha, Qr th~ Arkansas Bar Alsocialion or T7N ArhIU4U /.6"'}'". Contributions '0 n,.. A"u/UJU 1A'9'" are ....:1. COrM and .should be- 5mt 10 :ahubtwd@arkbv.com, n", Arh_ IA",,", 2224 COt:lond:ak I..an(:, Lillk Rock, Arbnw 72202. All inqwrie:I o:prdin& ad..."rtising mdd Ix scm ro EdnCH'. TJ.. Arh_lA~ al th~ n..:-. ~ Copyngh, 2007, Arh.rws 8M ~uon. AU righu rescrwd.

The Arkansas

awer features 10 The Value of Difference: Practicing in a Diverse World The University of Arkansas School of Law, Fayetteville Judith Kilpa trick

14

Vol. 42. No. 2

An "Indivisible" Commitment: The Bowen School of Law's Efforts to Create a Diverse Community Aaron N. Taylor and Andy M. Taylor

20 A Date with History: Wiley A. Branton and the Path to Cooper v. Aaron Judge Wiley Branton, Jr

28 New Rules in Dependency-Neglect Appeals Anthony L. McMullen

30 Arkansas Supreme Court Historical Society Noteworthy Arkansas Jurists: From the Trial Bench to the Governor's Office Logan Scott Stafford

34 Practice Tips: Wild Instruments, Surveyors Gone Bad, Confused Courthouses and Strip Clubs: Four Reasons to Use Caution When Drafting Deeds J. Cliff McKinney

Contents Continued on Page 2

The Arkansas

awer Vol. 42. No.2

in this issue 2006-07 Arkansas Bar Association Sustaining Members 18

Lawyer Community Legacy Awards 35

Lawyer Disciplinary Actions 36

CLE Calendar 47

In Memoriam 48 columns Arkansas Bar Foundation Memorials and Honoraria

50 President's Report James D. Sprott

Classified Advertising 52 Young Lawyers Section Report Michelle H. Cauley

T Arkansas Bar Association

2224 Cottondale Lane Little Rock, Arkansas 72202

HOUSE OF DELEGATES

Delegate Distnct I-SE: Robert F. Thompson, 111 Delegate District 2-SE: Jerrie C. Higginbottom

Delegate Dlstnct 3-SE: Dennis Zopler. Barbara A. Halsey, Mark Mayfield Delegate District 4-SE: Kathie A. Kimbrell

Delegate District 5-SE: Kent J. Rubens Delegate District 6-SE: Marshall Wrighl Delegate District 7-SE: Buck Gibson

Delegate Olstnct 8-SE: Tim A. Blair Delegate District 9-SE: Brian Miller

Delegate District IO-SE: Cadlcrinc Lewis, Amhony A. Hilliard Delegate DIStrict II-SE: Phillip C. Gr~n Delegate District 12-SE: James A. Hamilton

Delegate DIstrict 13-SE: Marrhew Shepherd. James McMcnis Delegate DIstrict 14-51:: Matthew Kimmel , Amy ~rttdman

Delegate District 15·SE: Bryan T. McKinney, Tom Curry Delegate Distnct 16-SE: John 1: Vines, Jon:l1han D. Jones

Delegate Dlstnct 17-SE: James Ralph Jackson

Delegate District I-Nl/l/: Heather Lipke, Lisa L. Kelley. Jason B. Kelley, Stephen Geigle

Delegate District 2-N'vV: Brock Showalter. Buddy C hadick. Matthew R. Ourren . C hris R. Reed , David J. Whitaker, C harles H arwell.

Tim Tarvin . Jason B. Duffy, Elizabeth Duffy. Paul D. Reynolds

Delegate Distnct 3-NW: Farrah L. Fidder, Stephen Smith , James O . Cox, Amy Click-I-Ioroda. Kimberly Frasier, Rita Howard

Delegate District 4·NW: P:mick McDaniel Delegate District 5·NW: 5 lCVt" B. Davis

Delegate DIstnct. 6·NW: Roy Beth Kdley, John C. Riedel Delegate District 7·NW: Larry Spradlin , Stephan Hawks Delegate District 8-NW: Jerry P:m erson

Delegate District I ·C: Causley Edwards, David W. Srerling, Brenda N. Stallings, Mark 1-1. All ison , Patrick D. Wi lson, Valerie Kelly. Gregory L. Crow,

L.1CY Ken nedy. C. Tad Bohannon, Jerry Larkowski. GWl'n Rucker, Brian Vandiver, Mark McCarty. Jay Taylor, Berh Deere, Leon Johnson. Rebecca Denison,

Michelle Cauley, David Fuqua, David Glover. Jay Shue, Eii7.abelh Smith. Brad L. Hendricks, Joel M. DiPippa,

Randall S. Bueter, Gill A. Rogers. Mark Hodge. Brcrr Watson, Patrick Spivey, Danyel le Walker

5

9

law Student RepresentatIVes: Dan Obcrsre. University of Arkansas School of Law; Allison Rantisi and Kim O verstrttr. UALR William H. Bowen School of Law

2 The Arkansas l m'Ycr W\-V\rV.arkbar.com

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President's Report by James D. Sprott

Landings

Every pilot knows his passengers wi ll

grade his prowess as a pilot on the smooth­ness of the landing, regardless how chal­

lenging the remainder of the Aighr may have been and how successfully he may have

accomplished everything involved up to the moment of touch down. After a long first

flight rogerher in which we overcame strong surface winds on takeoff, howling head­

winds during cruise, all manipulated smomhly. arriving safely and on time at the

intended destination, but after a bumpy landing, I was once asked by my passenger

"Do you crash like that every time you land ?" No nmice is given to the successes of

the flight. juSt the "greasing" of me iandjng.

or lack thereof. Such are the anomalies attendant [0 aviation.

But once again, life is often no differenr.

The measure of this year for our Association

may be judged by the smoothness of my landing at its conclusion in June. To wh ich

I say: Bring on your judgmclH! We are

going to have a wonderful landing at the

Annual Meeting in Hot Springs in June. Brian RosclHhal, Annual Meeti ng C hair,

has taken a few ideas and created a stunning

commemoration of an event fifty years ago

that seemed dest ined to tarnish Arkansas histOry forever. Using original recordings of

the oral argumelHs in the case of Cooper v. Aaron accentuated by live performances

direcred by Judge Tim Fox. rhe Li rrle Rock

school crisis of 1957 will come alive in rhe context of its legal and social importance to

our nation. Visits by some of the Little

Rock Nine and the Brown sisters from

Brown v. Board of Education will punctuate and give personality to recorded words and

faded photographs. It is an event I eagerly

anticipate.

Bue Brian is only one of many volunteer leaders that wi ll make our landing smooth

at the conclusion of this year. Professor John

Watkins has led the completion of the work of rhe Attorney-Client Privilege Task Force. prepared a wrinen report. most of wh ich

was approved by our House of Delegates,

and filed a petition before the Supreme

Court seeking modification of several rules

of civil procedure. Past-Presidenc Bob Cearley has concluded his work as C hair of

rhe Task Force on Judicial Discipline Commiss ion Procedures, presented a writ­

ten report adopted by our House of

Delegates. and likewise filed a petition before our Supreme Cou rt to ah er the man­

ner in which complaints against our judges

are handled by the Commission. Jack

Lass iter has diligenrly led a Jury Improvement Task Force to present pro­

posed changes to the jury system and has

successfully guided the Legislature to adopt

many worthwhile changes. And the list of leaders JUSt keeps growing.

Jeffrey Ellis and her workaholic

Membership Comminee have pushed us

over their goal of 5,050 members of our Association. It is impossible to describe the

awe in which o ther associations in our sur­

rounding states hold our Association and its

ability w grow so large as a voluntary bar.

We have succeeded in this because we con­tinue to focus on our members and the ben­

efits we can provide for them. In the words

Jerry McQuire would no doubt have used had he been an Arkansas lawyer, "It's rhe

members, stupid." C loser to home, Judith

Gray would always remind us to consider

just how this decision or thar would affect

ou r members. Thanks. Judith and Jeffrey! Great volunteer leaders must be held

It is impossible to describe the

awe in which other associations

in our surrounding states hold

our Association and its ability to

grow so large as a voluntary

bar. We have succeeded in this

because we continue to focus

on our members and the bene-

fits we can provide for them.

together and supported by a dedicated and

determined staff. We are certainly blessed

with eleven of the most self-less. tire- less workers ever to work with a bar association.

Ours is one of the smallest staffs in all the

South. bur without peer in their productiv­ity. They have deftly handled a most diffi­

cult move to the new Bar Cenrer with very

few interruptions of the activities of our

Association, and all with a smile and resolve

that all would evenruaHy be well. And so it is, all well at the new Bar Cemer. Ir is my

earnest hope rhat 311 of our members will

take the rime to visit and to use this beauti­

ful new home of ours.

And our landing this year will be made

smooth. too. by the employment of Karen Hutchins as our new Executive Director.

She brings a calm yet forceful resolve to her work that will assure ou r continued success

for years to come. To you, then, my fellow member of the

Arkansas Bar Association, 1 say "tailwinds

and smooth landings." It has been a great

flighr together! •

Vol. 42 No. 21Spring 2007 n,e Arkansas La",yer 5

Conference Center Board Room

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Young lawyers Section Report by Michelle Cauley

Year in Review

This past year has been one of many firsts for rhe Young Lawyers Section. This was the first ye.u we succeeded in funding multiple delegates to the American Bar Association Young Lawyers' Division Meetings across the coumcy, rhe first year we succeeded in gcrcing our Annual Meeting our of the much-too-small Mercury Tower Room in the Arlington. the first year we were able to

secure our own elE speaker at the Annual Meeting. and the first year the YLS will sponsor its own Hospitality Suite at me Annual Meeting. Whew! That's a lor of firsts .

Although I would like to, I Call11O{ take the sole credit for al l thesc accomplishments. A wise older lawyer once wid me that while victory has many fathers. fa ilure is an orphan. I'm nor sure about the laner, but the success of the YLS this year has certain­ly proved the former to be true. I have so many people to thank for the YLS' success this year, I hardly know where CO start.

r firS[ and foremost wam to thank my Executive Council:

Chair-Elect: Amy Freedman Immediate Past C hair: Patrick D. Wilson Secretary/Treasurer: Courmey Crouch

Central Srate Bar District: Amy Johnson 2007 H . Wayne Young 2008 Tony Juneau 2009

South & East State District: J . Edward Doman 2007 Amy Freedman 2008 Paul Bennet 2009

Northwesr State Bar District: T.R. Brixey 2007 William G. "Bill" Horton 2008 Farrah Fielder 2009

At Large Rcpresematives: Ka Tina Hodge Gwen Rucker

Elai ne Kneebone Newslener Edicor:

T asha Sossamon Taylor

These folks are the cream of the crop. Each and everyone of them have dedica ted significant hours CO artend our meetings. tadde community service projects, travel across the cou nt ry to represent our YLS on a national level, and have worked hard to make our Section what it is tOday - which is well -respected and admired.

I also wall( to thank several others from our Section who have conti nuously answered my calls (okay, and sometimes pleas) for volunteers. These folks are the ones that when asked co judge a round or twO at the Mock Trial Competition have eagerly offered to help. These are the fo lks who signed on, without complaim. to do some of the less glamorous work of the YLS like reviewing and shepard izing sections of the Stature of Limitations Handbook. And. these are the folks who have called or e­mailed me Out of the blue without ever hav­ing met me before and asked. "what can I do to help?" T hese are the folks I want everyone reading this article to know make our YLS great and make it the best and most active Section of our Bar Association: Courrney Crouch, Wayne Young. Tony Juneau, Farahh Fielder, Ben Cox, C liff McKinney, Gwen Rucker. KaTina Hodge, Jeff Spillya rds, Jacy Daughercy, Paul Bennen, C ristina San Roman, Ben Cox, Kynda Hernalldez.. Taura McDaniel , Amy Freedman , Jamie Jones, Serena Green, Eddy Doman, Kevin Lemley, Deidra Hall, Vicki Vasser-Murray, Bonnie Johnson. Robin Allmendinger. Dawn Bicker. Sarah Greenwood , Chris Corbitt, Kara Mikles, Shannon Smith . Amanda Horman, and Cade Cox.

r know without a doubt that within fif­teen minutes of this column being scm to

the primers I will remember a half dozen or more people whose names I did not lise. To those of you that fall imo that half dozen , I sincerely thank you for all you do for our Section, and please forgive my oversight in fa iling co list you by name.

My year as C hair of the Young Lawyers Section has been somewhat different than I expected. and in many ways it has been much easier than I expected. I have no delu­sions as (0 the reasons for these pleasant sur­prises. It is due excl usively to the hard work and dedica tion of all the people I' ve men­tioned in this column coupled with the exceptionally skilled staff of the Arkansas Bar Association. Our Section could not have accomplished as much as it has without these wonderfUlly dedicated people.

Th is June when I turn over the gavel. I have no doubr that our Section wi ll be in good and secure hands. T he up and coming leaders of our Section provide even more promise for the future than I could have imagined just a few years earlier. If you haven' t been active in our Section in the past, jt is not too late. There will be several opportunities to sign up for projects and commiuccs and visit with one anm her at the Annual Meeting in June. So. please make an effort ro join us ar the Arlington-and don't forget co look for the signs pointing the way to the YLS Hospitality Suite!

See you all in Hot Springs! _

Join the YLS for

Champagne and

Chocolate Covered

Strawberries and elect the

2007 -08 Officers

Thursday, June 7

3:30-4:30 p.m.

Magnolia Room

Arlington Hotel

Hot Springs

Vol. 42 No. 21Spring 2007 TIle Arkansas La"ycr 9

In spring 2006, rhe f.1culry of [he School of Law selecred [heir col­league Professor Cynthia E. Nance to become Dean of the school. This was an histo ric occasion and received much 3ncnrion in rhe media. Professor Nance became rhe first woman and the first person of color [Q be named Dean. In 2005 and 2006, rhe Un iversity of Arkansas School of Law, Fayetteville. was named as one of rhe most diverse law schools in rhe country by U.S. News and World Report magazine. The Law 5wdenr Division of rhe American Bar Association recognized this achievement as well , bes{Qwing its 2005 Henry Ramsey, Jr., Dive rsiry Award on Associate Dean for Students, James K. Miller. In 2006, rhis school had me fifth highesr percenr­age of African American students of all law schools rated by U.S. Ne;:w~ allli World Repon. We arc proud of these facts. We also arc proud of the fact ch ar these accomplishmems were made in rhe same period we increased the average LSAT scores and GrAs of our elller­ing classes.

In add irion ro our srudem popularion, rhe law school has a high percentage of faculty members from underrepresenred groups. O ne Hispan ic professor has been a member of rhe faculty for forty years. Two African American professors have been at the school for more than £\vcmy years, while Dean Nance is completing her 13th yea r with the school. A Native American female professor has been named Associate Dean and a female African professor earned tenure two years ago. In all , professors from underrepresented groups make up over 15% of the Faculty. Gender diversity also is a hallmark of the school's f."lculty, with women constituting almosr 44%.

This is nor the first rime that the law school has been lauded for il.S diversiry dforcs. Fifry-ninc ycars ago, in January 1948, under Dean Robert A. Leflar, rhe school admined its first African American law studenr, Silas H . Hunt. That admiss ion made the University of Arkansas the first publicly-supporced school in the South to admit African Americans without a court order. The event made headlines across the country and, while life at the school was not easy for Hum and the five o ther Afric.'lll American men who followed him in rhe next few years, the School of Law had made a powerful sta temenr.

10 The Arkansas LlII'Yer www.ao1<bar.com

The world has changed since 1948. and so has the state of Arkansas. While African Americans hisrorica lly have been the dom­inanr minority group in Arkansas, constituting 27% of the popula­tion between 1890 and 1920, that percenrage has dropped steadily since. In the 2000 Census. African Americans comprised 15.7% of the population. In 2004 , the percentage was 15.6.

O ther minority groups are add ing to Arkansas' population. Between 1990 and 2000, the Hispanic and Asian populations in Arkansas increased significandy. Hispanic residents tmaled JUSt under 20,000, or 0.85%, in 1990. In 2000, rhe Hispanic roral was

86,866, or 3.25% of [he srare's popu.lation , an increase of 337%.' Between 2000 and 2005, the Hispanic population grew by another

40.066 (46%).2 Arkansas's Asian popularion, while mudl smalle;:r than the other tWO minori ty groups, also grew substantially bct\'Veen 1990 and 2000. In ten years. As ian residems of Arkansas moved

from 0.5% of irs popularion , 12,125, ro 0.75%, or 20,220.3 Five years later, this population comprised 0.9% (25,249) of the state's

res idcnts.4 We can expect the numbers will continue ro grow. This shift in the population makeup is mirro red in the country as

a whole. In 2000, CNN repon ed that the "fasresr-growing minori ty

populat ions" were Asians and Hispanics.5 In 2006. U.S. Census repon s indicate that minority groups constitute one-third of rhe

nation's popuJation.6 Apart from rhe growth of minority groups in the population, rhe internet and other means of com municat ion have shrunk the world in which we live. Few communities can ignore the rest of the world these days.

Recognizing these facts, John White, C hancellor of the Unive rsiry of Arkansas, Fayerreville, is determined that the University wi ll train graduates ro participate in this larger and morc diverse world. He has charged his administration and deans to crcare a community that mirrors rhe state in populat ion diversity. and ro develop a curriculum [hat educates students about working and liv ing amidst different cul­tures and ways of life.

T he School of L'lW is a major parr of the Univers ity's vision of rhe furure. Two actions by the C hancellor to promme his vision of djver-

"In the future, Arkansas will need lawyers who understand the legal needs and desires of clients from diverse ethnic and cultural back­grounds and who can communicate those needs in the courts, before agencies, and wherever advocacy is needed. The State also will require more lawyers who are themselves ethnically diverse. "

siry have involved the School of Law. The life of the school's first African Am erican studcnr has been honored by the creation of the Silas Hum Legacy Awa rds in 2006. T he awards are given [Q African American graduates of the University who have made a signi ficant cofl[ ribution ro the Universiry. the state, the narion, and rhe world. Two of the ten inaugural recipiems were graduates of the School of Law: Rod ney Slater (UA Law '80), form er Secretary fo r

T ransporcarion and currently a member of the Pan on Boggs. LLP. firm in Washington, D .C., and George W. B. Haley (UA Law '52), one of the school's Six Pioneers and fo rmer Ambassador [ 0 The Gambia under fo rmer Pres idem C linron.

The University also sponsored the making of a documclHary on Silas H unt's life, which was presented to the Universiry communi ty in mid-November 2006 and is being shown throughom the srate. T he documentary was a contribut ing facror in acquainting Governor Mike Beebe wirh Hunr's hiscory and his declaring February 2 (the dare on which Hunt was admined ro rhe School of Law) to be "Silas Hum Day" in Arkansas. Two of the law school's faculty were inrer­viewed about the cvenrs of 1948 and appear in the film : Professor Robert B. LeAar and this author.

Leaders of the legal profess ion. in Arkansas and nationaJ ly, also have no ted the profession's lack of d iversity and rhe need fo r im provement. The Arka nsas Bar Associatio n developed rhe Commiss ion on Dive rsity in 2000, whose purpose is to educare members of the bar concerning the value of d iversity, and to promote ethnic dive rsity in rhe Bar, the Coun s, and the Arkansas Bar Association. T he C ommiss ion has sponsored programs at rhe Association's annual mcctings and at rhe mid-year meerings , organ­ized a seminar concerning dive rsity in the legal profess ion, and hosr­ed a job fair to promote diverse employment.

The American Bar Association has crea ted the Pres idential Advisory Council on D iversity in rhe Profess ion, wh ich offers pro­grams and services to improve dive rsity in the "pipel ine" [0 the legal profession. in an effo rt to increase the number of people of color on the rrack ro becom ing lawyers. Virtually, every specialty group in the

ABA has its own dive rsity initiatives? Other legal associations also see the need for d iversity in the profession. O ne example is the Associat ion of Corporate Counsel , whose members are corporate law deparrmenr and law fi rm leaders. T hese lawyers, and their corporate c1 ienrs, real ized that rhe pool of job applicants is shifting and hiring standards based on a single culture and background limits the thi nk­ing and creativity of legal services. The organiza rion has creared a " Pipel ine Kit" that aids corporate counsel to increase "the pool of

cand idates of colo r who will constiture tomorrow's profession."8 I n the future, Arkansas will need lawyers who understand the legal

needs and desires of clients from dive rse echnic and cultural back­grounds and who can communicate those needs in the courtS, befo re agencies, and wherever advocacy is needed . T he Srare also will requ ire more lawyers who arc themselves ethn ically diverse. Law graduates. even those who intend to practice in their home commu­nities, cannot assume they need only a basic traditional leg::t1 educa­tion. Any lawyer will be expected to service his o r her cl ients wher­ever their legal needs requi re. including the settli ng of property claims in a fo reign country o r rhe negoriaring of a contract wirh legal counsel trained in the civil law system.

The School of Law is responding to the changes in Arkansas, the narion, and the world. by adj usting co anticipated demands. In addition to an already broad search fo r new students that includes all underrepresented groups, the School of Law wi ll be making a special effon to encourage enrollmenr by Hispanic college graduates. This foc lls is sugges ted by the growth in rhe Hispanic population in Northwest Arkansas, and allows the school co create a number of new "partnerships" in its effo rr co acquaint high school and college srudents wirh the field of law and lega] training ar the University of Arkansas, Fayetteville. The Dean's recent visit to the Marianna Islands, a Unired Stares Protecto rate. has raised imerest in arrending this law school among some Paci fic Islanders.

Some of our graduates are helping to diversify the workplaces they enter. For example. third-year srudenr Cameron McCree wil1 be clerki ng for Eighth C ircuit Judge Lavi nsky Smith fo llowi ng his grad· uation. Tamla J . Lewis (UA '05) practices with the Mitchell , Williams. Selig, G ates & Woodyard fi rm in Rogers. Mauricio Herrera (UA '02) is an associate with rhe Rogers fi rm of Matthews Campbell Rhoads McClure Thompson & Fryauf. Nikki C ung (UA '96) recendy was named a partner in rhe Kurak Rock firm's Fayetteville offi ce. Sonya Jin Dodson (VA '03), currendy employed by Wal-Mart Inc., began her legal career with the Mashburn & T..1ylo r firm (now Taylor Law Firm) in Fayen eville.

T he school also is bringing diverse lawyers inco contact with sru­dents on a regular bas is. Northwest Arkansas, particularly. has seen a growth in national and international commerce created by the home offices of Wal-Mart and Tyson Foods. A program awarding an annual scholarship fu nded by Wal-Mart Inc. fo r a m inority srudenr provides an opportuni ty for an orneys within the Wal-Mart legal department to meet and mingle with students. Th is spring, the pro­gram will include a panel d iscussion on the value of dive rsity in cor­porate practice and will hera ld the start of a menror ing program berween Wa.l-Mart lawyers and students.

Juditb Kilpatrick is currently Professor of Law and Associate Dean for Diversity, Planning, alld Special p,.ojects, at tbe Unive,.isty of Arkallsas Sc"ool of Law.

Photo by Charles W. Pepper

Vol. 42 No. 21Spring 2007 TIle Arkansas La"y er II

Through its Pro Bono Program, the school will provide currem studems with opporrunities ro work with nonprofit and cOll1muniry groups thar serve underrepresenred groups. The school also plans ro invite high school studelHs to attend existing law school act ivities, e.g., internal and external competitions, thus exposing them to the kinds of activities in wh ich lawyers participate. Faculry and students will speak with high school and community groups about the law. creating a "presence" in the coml11uni ry.

The School of Law is exploring new courses and seeks to expand traditional ones so that students will be provided with information that will help their unders[3nding of the differential impact laws may have on diverse cultures and communities. For example, the school hopes ro benefit from Wal-Mart's highly-publicized decision to

emphas ize diversiry in its hiring of attorneys by bringing some of those lawyers ro the school ro teach various courses in which their cross-cultural knowledge and experience can provide information rhat will benefit our studenrs' legal educa tion. Wal-Mart's legal department is headed by Tom Mars (UA '85).

Many of the School of Law's current students already are aware of the changes in srore for Arkansas, and energet ica lly work co expand rheir horiwns and those of their classmates. Seventeen student o rgani7..arionl' exil'r ro provide fellowl'hip and focul'ed discussion on va rious aspects of the law and life. In addition to the more tradi­tional groups, such as a chapter of the American Trial Lawyers Association (AT LA) and the Arkansas Law Review, the school sup­ports chapters of the Asian Pacific American Law Student Association, Black Law Student Association. Ch ristian Legal Sociery, Employment and Labor L'lW Society, Environmenral Law Sociery, Equal Justice Works, The Federalist Sociery, H.L.A. Hart Society. International Law Sociery. Media Entertainment and Sports Law Association, Parents Attending Law chool, and the \'(fomen Law Students Association, ro name a few. They will be joined th is year by a chapter of the Hispanic National Bar Association.

The student groups also work together ro provide information ro the law school communiry as a whole. For example, several student organizations produced programs of note in the fall 200G semester. Three groups. rhe \Vnme:n 1 .. 1W Smde:nrs Assnci:uinn . rhe Rbck 1.1w Srudenr Association , and H.L.A. Hart Sociery, joined together to

sponsor the visit of Ms. Sharon Bernard, the first African American woman graduate of the school. Ms. Bernard had practiced for sever­a] years in eastern Arkansas. then moved to rhe S[3te of Michigan where she became a high-ranking bank officer. She made presenta­tions to (he faculty and students during the course of her visit.

The new Asian Pacific American Law Student Association spon-

sored a visit to t.he school by Caley Vo, an associate with the firm of Wright, Lindsey & Jennings in its Rogers' office. The ATLA and Environmemal Law Society groups sponsored a party that benefited Fayetteville's Seven Hills Homeless Shelter. The Black Law Students Association sponsored the showing of a documentary about the Innocence Project, in which law students work with pracnclllg lawyers to re-invest igate convictions that may have been erroneous and, where errors are found , make efforts to correCt them . The Environmental Law Society sponsored a screening of "The Invisible Children: a documentary about the abduction of nearly 30,000 chi ldren in Nonhern Uganda.

All our students bring their diverse "s tories" - their li fe experi­ences, viewpoints, and ideas - ro the study of law. Their interactions and exchanges benefit rhe entire school. The students, and faculry, learn from each other about how difference affects the law and how mey can affect the law in different ways. This school has been, and continues to be, a leader in diversity. We are proud of this tradition and we accept the challenge of living up ro the legacy by educanng our students to practice law in a changing global communi ty.

Endnotes I . David Rasmussen. "The Hispanic Population in Arkansas: A Compa rison or the Hispanic CountS fro m 1990 and 2000 Censuses," 1 Ark. Demographic Research Brief, No.3 (November 200 I) , www:demography.ualr.edu. 2. Arkansas - Fact Sheer - American FactFinder, 2005 American Communiry Survey Data Profile Highlights, htrp: llfacrfinder.cen­sus.gov/servlet/ACSSAFFFacts and select "Arkansas" (visired 2/1/2007). 3. The 2000 Arkansas Census - Popularion Growth By Race, h rrp:1 lIirtierock.abouLcom/library/weekly/aa03200 I e.html (visited 2/ 112007). 4. Arkansas - Fact Sheet - American FactFinder, 2005 American Community Survey Data Profile Highlights, http: //factfinder.cen­sus.gov/servlcr/ACSSAFFFacts and select "Arkansas" (visited 2/1/2007) . 5. "\.e"",:II.';; fi gllfc'1O I'hnw dramaric growth in Asian. Hispanic popu­lations," CNN.co m, 8/30,2000 , hrrp:llarchinves,cnn.com/2000/US/08/30/mino ri ry.populationI. G. "Nation's Population One-Third Minority," U.S. Census Bureau News, 5/1 0/2006, hrrp:l!www.census.gov/Press­Release/www/releases/archives/population/OOGSOS.html. 7. See http://www.abanet.organdsearch for "d iversity." S. See hrtp:llacc.com/diversiry/pipeline/. _

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Vol. 42 No. 2/Spring 2007 n,e Arkansas Lawyer 13

AN "INDIVISIBLE" COMMITMENT:

THE BOWEN SCHOOL OF LAW'S EFFORTS TO

CREATE A DIVERSE COMMUNITY

H,-Aaron N _ Tn- lor and And,- M_ -L,,-Ior - - -

Access to legal education (and thttS the legal profession) mttSt be inclttSive of talented and qualified individuals of every race and ethnicity, so that aU members of our heterogeneottS society may partici­pate in the educational instittttions that provide the training and education necessary to succeed in America.

As Justice O 'Connor proclaims above, diversity within legal edu­cation is of profound importance to all of us. Law schools are the training grounds for [hose who will uphold the concepts on which [his country and our system of laws arc based. The law touches everyone, irrespective of race, gender, or class; rhus, it is imporram mar rhe legal profess ion reAects the diversity of our society.

The UALR William H . Bowen School of Law has long been com­mitred [a training aspiring lawyers and leaders CO work for the bet­terment of sociery. The diversiry of our emire community refl ccts that commirmem . O ur students. facul !:}'. administration and staff come from an array of ethnic, academic, socioeconomic, and geo­graphic backgrounds. They bring unique experiences and insights to Bowen and, in the process, enhance the academic and social dis­course within OUt institution.

At Bowen, we attempt [Q weave concepts of inclusion in to every­thing we do. We understand that diverse student bodies are nOt pos­sible without diverse "pipelines." We recognize that in order to effec­ti vely prepare ou r srudents for today's legal profess ion, our faculcy's academic interesrs and our curriculum must encompass diverse sub­ject areas. Las tly, we acknowledge that for Bowen to truly fulfill its role as a "training ground" for Arkansas's futu re leaders, we mUSt fos­ter lasting partnerships with the communiry.

Pipeline The centerpiece of Bowen's efforts to fill the law school pipeline

with diverse prospects is the Pre-Law Undergraduate Scholars (PLUS) Program_ The program, funded in large part by a grant from the L1.W School Admiss ion Council (LSAC) , is mrgeted at persons belonging [Q groups traditionally underrepresented in law school. The groups as defined by the grant include ethnic minorities as weU as those who have endured significant economic and educational dis­advantages.

Participants in the PLUS Program spend about four weeks on our

14 l1le Arkansas Li"ycr WW\·\,.3rkbar.com

Supreme Court JttStice Sandra Day O'Connor Majority Opinion, Grtttter v. Bollinger

campus undertaking various activities which seek to expose them to the rigors of law school and the legal profess ion. while also preparing them for the LSAT and the admissions process. Participants come from all over the country and are provided room, board , and a stipend. Bowen is one of only eighr law schools selecred by LSAC to

host a PLUS Program, and this summer wi ll be our fifth year. Over 100 prospective students have participated in the program, with many of them going on to gain admission to law school, including Bowen. The gram for the PLUS Program is set to end this year, but Dean Chuck Goldner has pledged to do whatever it takes [Q contin­ue the program beyond the end of rhe gram.

Our recruirment strategies are informed by a desire to cast a wide net in encouraging appl ications for admiss ion. Bowen representa­tives artend recruitment events and host admiss ions seminars th roughout the year. We frequently visit historically black colleges and universities. as well as other institutions with large numbers of minority students. As a result , the diversity of our appl icanr pool has increased, along with the overall number of app lications. Both of these trends are contrary to those on the national level.

Each February, as parr of Narional Minori ty Recfuitm em Month , Bowen sponsors the Minoriry Pre-L1.w Day where prospective Stu ­

dents are invited to our campus for events aimed at exhibiting Bowen's diversiry and the importance of diversity in the profession . The program is very effective at exposing prospective studems to

legal practitioners-many of them Bowen grads- who can serve as role models and objects of positive emulation. Our goal is to nor only inform, bur also inspire.

Bowen also seeks to increase diversity through its scholarship pro­gram. When former Dean Will iam H . Bowen, for whom the school is named, established the Bowen Scholarship Program, one of his goals was to make legal educario n more fin ancially accessible. Since its inception, the scholarship program has provided hundreds of thousands of dollars in aid to hundreds of students. Many of these

students would not have otherwise been able to affo rd a legal educa­tion.

Student body a Uf studem body is a wonderfu1ly diverse group. Bowen ranks in

the top quarrile of law schools in ethnic dive rsity, and our goal is to increase diversity by bener reAecting that of the naoon. In recogni­tion of our age diversity, Princeton Review recently named Bowen one of the Top 10 law schools "Most Welcoming of Older Srudems." Geographically, Bowen students hail from all pan s of Arkansas, and in te rest among non- resident applica ms increases every yea r. Socioeconomic diversity abounds as well. Many of our students are first-generation college grads. wh ile others come from long lines of lawyers and other professionals. A vibrant communi ty where stu­dents embrace their collective d ivers ity while appreciating their com­mo n goals results from th is richness ofl ife experience.

O ur Admiss ions Commi ttee plays a significant role in fostering student dive rsity through iu "holistic" approach to selecting stu­dents. The committee eschews over-rel iance on specific factors, such as the LSAT, and endeavors to assess the "whole person." Personal sta temems arc highly valued components of the application because they al low applicants to tell tiJt!ir stories. AJong with other impor­ta nt criteria, personal statements aid our Admiss ions Committee in its comprehensive review of each applicant. It is no wonder that entering classes at Bowen become stronger and more diverse each year.

Various administra tive offices at Bowen help ensure that all sru­dents, irrespective of background, have access to academic support, career/networking assistance, counseling services, and bar prepara­tion. T he goal, once again. is to create a community where all types of people can succeed, whether or nor they fi t the tradi tional profil e of a law student.

Student life at Bowen is one of involvemem and act ivity. The list of studenr groups reAects the diversity of rhe students themselves. We have active affi ni ty groups stich as the Black Law Students Association (BLSA) and the Hispanic Law Students Association (H LSA). Politica ll y, we have left-leaning and right-leaning groups, including Young Democrats and Young Republicans. We have a Part-t ime Students Association for people enrolled in that division,

as well as groups mrgeted ro students who are interested in specific areas oflaw, such as intellectual property.

Faculty and Curriculum Bowen recognizes that a dive rse student body by iuelf is not

enough ro create rhe type of communi ty we arc seeking. The facul­ry and course selection must also reflect the ideals of inclusion that inform other critical aspects of our existence. As such, the Bowen facul ty is a dive rse group of scholars. practi tioners. and teachers. Both our reaching and library fucuhies rank high among law schools in ethnic and gender baJance. Facul ty members come from many d ifferent profess ional backgrounds in the public and priva te sectors in Arkansas and other st3[es.

T he Bowen facul ty also possesses diverse academic interests allow­ing the school to offer wide-ranging dectives. In this day and age, it is critical fo r law students to be exposed to broad subject areas. Two courses that exempli fy Bowen's approach to well -rounded academic training are C ritical Race T heory and Law & Human Sexual ity.

C ritical Race T heory, taught by Professor Adjoa A. Aiyetoro, pro­vides a forum for students to discuss issues of race and the role it plays in our justice system and society. T he course does not advo­cate a particular view; rather. it seeks to spur academic discussion and challenge students to think about relevant issues. In Professor Zachary Kramer's Law and Sexuali ty course, students explore how societal conn fUCtS affect the rights of sexual minorities. Legal issues relating to same-sex marriage. sexual harassment. polygam y, and other related subject areas are studied in detai l. Professor Kramer sees his course as asking "foundational questions aboU[ how we order society." The intellectual openness requ ired by these courses is encouraged across our curriculum. \Y/e are attempting to train lawyers who will be effective in coday's society, and no matter where one stands on a panicular issue, he or she should first be knowl­edgeable of it.

Community Partnerships Communi ty partnerships are criticaJ co Bowen's institutional

diversity as wel l as its attempts to tra in lawyers co represent diverse interes ts. AJ I aspects of the Bowen communi ty are involved in build­ing lasting relationships in the greater communi ty. For students, communi ty service is both a curricular and extracurricular activiry.

O n the curricular side, our legal clinics allow students co practice law, under the supervision of a faculty member. T hrough the clin­ics, students gain practical experience in a wide array of relevant legal areas, while at rhe same time helping fi ll unmet legal needs of the com muni ty. Students in rhe Litigation C linic represent cl ients in the areas of juvenile delinquency and fa mi ly law. C linic students learn substantive law. wh ile enhancing skills in conducti ng client inter-

Am'on N. Taylor is the assistant dean for admissiolls at the William H. BOWell School of Law.

Andy M. Taylol' is the assistant dem. fOl' academic support at the William H. BOWell School of Law.

Vol. 42 No. 2/Spring 2007 111e Arkansas lm'Yer IS

views, drafting pleadings, negoriating, and preparing for trials. In the Mediation Clinic, srudenrs gain val uable experience in the rap­idly expanding area of Alternati ve Dispute Resolu tion. After exten­sive training, clinic studenrs act as mediators in disputes relaring to child abuse and neglect, juvenile del inquency, custody and visitation, special education, and small claims. SrudelHs in the Low Income Taxpayer C linic represent cl ients involved in disputes with me IRS. C linic students gain lit iga tion and negotiation experience, while acqui ring signifi cant knowledge of tax law.

T he Public Service Externship is ano ther curricular means for stu­dents to gain practical experience while servi ng the communi ty. Externship students work in serrings of wide-ranging relevance, such as judges' chambers, legislative offices, and agencies like the Federal Public Defender and Arkansas Advocates for Children and Families.

Extracurricular endeavors are both legal and non-legal in nature. For example, H LSA members served as poll moni tors during me last election and hosted a political fo rum discuss ing the effects of Hurricane Katrina on minori ty communities. Last year, H LSA also donated over 450 pounds of food ro the Arkansas Food Bank and "adopted" a needy fa mily over the holidays. BLSA recently spon­sored :l 13w Camp fo r area high school and college students. Members also mentor area youth duough the Street13w Program.

O ur professors lend their expertise to the communi ry in va rious ways. Professor Sarah H . Jenlci ns hosts lectu res and provides pro bono legal services to small African American churches. This work has inspired her to publish three scholarl y papers proposi ng changes to areas of commercial law that have been particula rly deleterious to

people she has counseled while volunteering. Professor Aiyetoro is

spearheading Bowen's effOrtS ro plan the fi ft ieth anniversary com­memorat ion of the desegregation of Central H igh School. T he over­all planning is being led by the Central High Integration 50th Anniversary Commission. With rhe commission, Bowen hopes to provide a forum for the communi ty to reAecr on this historic evem and how ir affected the interplay between race and education in this country. Protessors Jenkins and Aiyeroro are just twO examples of faculty members who serve the communiry in an array of ways.

At Bowen, we see our ro le as legal educators in both academic and social contexts. The al l-encompassing scope of the law confers upon LIS a duty ro our students and society as a whole. T hus, we must make every effort to foster diversity in the people who make lip Ollr communi ty, as well as the courses and experiences that make up our curriculum . We must be acr iveJy involved in the grea ter communi­ty. so as to nurture lasting relationships that benefi t society and, in the process, our srudenrs. We agree with Jusrice O 'Connor in her bel ief that "[eJffective participation by members of all racial and eth­nic groups in the civic life of our Nation is essential if the dream of one Narion, indivisible, is to be realized ." And at Bowen we apply this concept to al l fo rms of diversity in attempting to crea te an "indi­vis ible" communi ty akin to Just ice O'Connor's ide;:al. _

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Vol. 42 No. 21Spring 2007 TIle Arkansas Lal'Ycr 17

A Special Thank You to 2006-07 Sustaining Members

Gene D. Adams, Jr. H. William Allen Mark H. Allison William G. Almand Overron . Anderson Philip . Anderson Elizabe,h Andreoli Richard L. Angel R. Keith Arman Ben F. Arnold Jess L. Askew, III Russell C. Atchley James R. Baber Joyce Bradley Babin Kenneth B. Bairn Charles Wayne Baker Darryl E. Baker Charl es A. Banks Barry D. Barber R. Kevin Barham Harry F. Barnes W. Chrisropher Barrier Anthony W. Bartels Sherry P. Bartley Woodson W. Bassett, III

Fines F. Batchelor, Jr. David L. Bearcy Paul B. Benham, III Stephen Bennett

Madeline L. Bcnningrol1 Joe Benson

M. Stephen Bingham Sam N. Bird Donald E. Bishop James B. Blair C. Tad Bohannon Will Bond David L. Borland Ted Boswell William H. Bowen Ronald L. Boyer Roben B. Branch Debbie D. Branson Ellen B. Brantley Robert R. Briggs Fred E. Briner Bill W. Briscow

Thomas E. Brown Mickey Buchanan Randall S. Bueter John Richard Byrd, Sr. Paul Byrd Julie M. Cabe Roben D. Cab< Andy L. Caldwel l John C. Cal houn. Jr. George E. Campbell Jerry L. Canfield Thomas M. Carpemer Douglas M. Carson Jerry W. C1Vaneau Robert M. Cearl ey, Jr. Ea rl Buddy C had ick Mark B. C hadick John S. Cherry, Jr. E. B. (Chip) Chiles, IV Jonann Coniglio Chiles Larry E. Chisenhall, Jr. William M. Clark, Jr. H. Murray Claycomb John Ralph layton Ralph M. Cloar, Jr. Roger U. Colbert Pat Jackson Compcon Barry E. Coplin Kimberly A. Cordas Ben Core Nate Cou lter Jam es O. Cox Steve R. Crane Michael A. C rockett James E. Crouch Tim J. Cullen Niki T. Cung F. Thomas Curry James D. Cypert Thomas A. Daily Carol C. Dalby Paul Danielson Boyce R. Davis John A. Oack) Davis, III Steven B. Davis Roben T Dawson Barry Deacon

18 TIle Arkansas Law)'er www.arkbar.com

J. c. Deacon Beth M. Deere Rebecca J. Denison Jack W. Dickerson Darrell D. Dover Ted . Drake Charles B. Dyer, Jr. B. Michael Easley David L. Eddy G. Thomas Eisele Byron M. Eiseman, Jr. Don R. Ellioct, Jr. George D. Ellis Jeffrey Ellis Stephen Engstrom Audrey R. Evans John C. Everett Hugh A. Finkelscein Viccor A. Fleming Jim Pat Flowers Robert M. Ford Kay West Forrest Lyle D. Foscer Timothy Davis Fox Price C. G:ndner [)avid Allan Ciates Charles Alan Gauldin Buck C. Gibson C. C. Gibson, III Pamela B. Gibson Sam E. Gibson Martin G. Gilben Melinda R. Gilbert W. Dent G i tchel Roger A. Glasgow Charles W. Goldner, Jr. Don Goodner Ray A. Goodwin Robert J. Govar Albert Graves, Jr. Angela B. Gray Gary Green Michael R. Greene John C. Gregg Ronald L. Griggs Timothy W Grooms David F. Guthrie

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Vol. 42 No. 2/Spring 2007 TIle Arkansas umye, 19

Cooper v. Aaron

by Judge Wuey Branton, Jr.

Attorneys (I to r) William T. Coleman, Jr., Thurgood Marshall and Wiley A. Branton arrive at the Supreme Court to present the NAACP's arguments in Cooper v. Aaron.

The events surrounding the Lirrle Rock Central High School cri­sis of) 957, which led [0 rhe U.S. Supreme Court decision in Cooper II. Aaron, 358 U.S. I (1958), was the most imporranr constitutional crisis ar thar rime since rhe C ivil War, when rhe souchcrn srares acrcmpted co secede from rhe Union.

Now 50 years larer as the story continues CO be rold. the signifi­ca nt role of Wiley A. Branton, as the lead anorney for the black plaimiffs in the case known as Cooper v. Aaron, has often been ignored , understated, o r simply nor widely known. The U.S. District COlirt lirigarion (Aaron v. Cooper) which led to Cooper v. Aaron became the vehicle through wh ich rhe Lirde Rock Nine were ab le to integrate CemraJ High School. W ithout rhar litiga tion in place. the

20 TIle Arbn'"' J;",y er www.arkbar.com

cri sis and resulting integration at Central High would nor have taken place at chat time. This article 3ncmprs [Q explain how and why Wi ley Braman became involved in this landmark litigation.

As the 1950s began. the United States could hardly be called the land of the free, nor were irs citizens treated equally. While the Sourh stands our in hisrory with its legal ly recognized segregation and "Jim Crow" laws. mere was virtua ll y no pan of rhe United Srates where black people did nor face some form of racism or discrimination based solely upon their Sta tuS of being black, colored, o r Negro.

A number of things came rogcrhe r in rhe 19505. which caused rhe American civil rights movcmcnc CO rapidly accelera te and achieve sig­nificant ga ins with respecr ro the legal stams and oppormnities for

black Americans. First, in 1954, [he United States Supreme Court issued its two land mark decisions in Brown Y. Board of Education, 347 U.S. 483 (Brown I) and 349 U.S. 294 (Brown fl), which reversed and st ruck down [he so called "separa te but equal" doctrine previously announced in PlesS] v. Fergmon, 163 U.S. 537 (1896) . Moreover, Brown potentially had significant implica tions for the everyday lives of black children because the Supreme Court express­ly held that "in the field of public education the doctrine of 'separate but equaJ' has no place" and that "separate educational fac il ities arc inherently unequal." Second, the National Association for the Advancemenr of Colored People (NAACP) and the NAACP Legal Defense And Educational Fund (LDEF) had been pursu ing a careful legal strategy to advance the rights of black people. Third, the spread of relevisio n through rhe homes of America was extremely impor­tant . As the many violem and hateful images of racial oppression began to be aired before a natio nal and world audience, many

Americans could no longer ignore the rac ial injustice in America. Fourth, a growing number of black Americans had an increased expectancy fo r their opportun ities in America. Having fou ght for the freedom of others in both World War II and the Korean War, black war veterans now had an expectation of being free at home. And fifth, there were a number of leaders who were simply right for the time. Dr. Manin Luther King, J r., stands out, but there were many Other people as well who rose to the occasion and played a significant role in the civil rights movement. It was imo this background that Wiley A. Braman arrived on the scene.

General Background Wiley Branton was born in the segregated South, Pine Bluff,

Arkansas, in 1923. One of his unique characteristics was that he came from a fam ily that had [he ability [Q stand up to white people in a way in which mOSt black people were not able. His family val­ued education. While his fath er had less than a high school educa­tion, his mother was a graduate of Tuskegee Institu te, and [here were a number of college educated people on his mother's side. His fami­ly owned their own business, a cab company. so they were nOt rel iant upon white people for jobs and income. Education, some modes t measure of finan cial independence, and a sense of self-worth and confidence gave W iley A. Bramon some of the tools that he would need la(er in life (Q make his comriburion (Q the civi l rights move­mene

Wiley Branton was a civil rights fighter long before he was an attorney. In 1948, afrer he returned home from the Pacific theater in World War II , he was an active member of the NAACP. As part of a vOter education effort, he prepared a sample ballot to teach people how to mark a ballot. It was marked "sample balloe" When certain white officials learned of his efforts, he was prosecuted fo r and con­victed of vOter fraud. He may have been the only person ever prose­cuted under that statute. His conviction was affirmed on appeal to

the Arkansas Supreme Court, but Chief Justice G ri ffin Smith wrote a dissenting opinion in which he stated tha t even a casual review of the record indicated that Wiley Bramon was merely engaged in voter education and nOt vo ting fraud as contemplated in the sta tute, and he would have reversed the convict ion. See Branton y. State, 2 14 Ark. 861 (1949) . This negative experience with the legal system was one of the many experiences which later c.1 used Wiley Branton to go to

law school.

Obtaining a Legal Education Pine Bluff attorney W. Harold Flowers accompanied Wi ley

Branton and Silas Hunt to Fayetteville in 1948. The plan was for Silas Hunt to enro ll in the law school. Wiley Branton attempted to enroll in the undergraduate school to complete his undergraduate

Wiley A. Brattton, Jr. is a Circuit Court Judge for Pulaski and Perry Counties

Vol. 42 No. 2/Spring 2007 The Arkansas Lawyer 21

studies, whicll began earlier at segregated AM & N (now University of Arkansas, Pine Bluff), but had been inrerrupted by the war. Anorney Flowers accompanied the pair in case there was any trou­ble. Si las Hum was accepted into me law school and became the first black person admined. W iley Bramon was denied admission to the undergraduate school. He returned to Pine Bluff and re-enrolled in AM &N co complete his undergraduate studies.

Upon graduation from AM &N, \Viley Branton appl ied for adm ission ro me law school at FayettevilJe and was accepted. In 1949, he was in his mid-twenties. was married, had three child ren,

at the triaJ court level contending that the confess ion was coerced . He also challenged the systematic excl usion of black people fro m the jury pool. He lost all the way th rough state court, Set Pllyne v. Stllte, 226 AIk. 9 10 (1956), and took an appeal to the U.S. Supreme Court . In Payn,v. Arka/IJfJ.f, 356 U.S. 560 (1958), the U.S. Supreme Courr agreed mat rhe confession was coerced and reversed the state court convicrion. Payne got a new triaJ . was again convicted , but was given a life sentence and spared the death penalty.

In another early c.1se represeming a black cl ient involving a land dispute pending in Star C ity, Wiley Bramon had received word that

if he showed up in Star C ity, he could and was sti ll running the family's taxicab business in Pine Bl uff. Because me unive rsity did not pro­vide housing for its handful of black students, he was forced to buy a 1m and build a house in Fayeneville so that he could have his fam ily with him.

;;;;;:; __ ~ai ___ .-iiiii"" expect to meer with violence. H is response was to strap on his military issued Colr 45 semi-autO, which was legal to wear at the time as long as it was nor concealed, and of the type issued by the military. He wem to

court, took care of h is c1ienc's business, and had no problem. I was born in Fayeneville in 195 1,

at the Washington County Hospital , while my fa ther was attending law school. Because of the light complex­ion of my parems, hospital staff thought they wefe whitei and conse­quendy, my mother was placed in a semi-private or priva te room . Somehow the hospital discovered that my parenrs were black, and my mmher was moved to the "colored ward" or a less des irable room. As the Story goes, upon my fa ther's retu rn to the hospital, and not fi nd ing my mother in the room in which he had previously left her, he becam e aJarmed that something terrible had happened. The hospital informed my fa ther that his wife had been moved to another room because she was "colored" and per­haps nO( even a residell[ of the coun ty. My father reportedly respo nded that he and his wi fe were res idenrs of Washington Coun ty by virtue of him having built a house and having paid taxes there. He threa tened that if my mother was not placed back into the nicer ruum, he would fil e a lawsuit and have "little black boys" swimming in their S\vimming pool. My mother was returned to the nicer room.

\'Viley A. Bran ton himself was repeatedly the target of both rac ism and racial discrimination, although I am hesitant to ca ll him a vic­tim . To the extem under his control , he simply refused to be a vic­rim; and he had the abili ry and [he will to fight back.

W iley Branton graduated fro m law school in 1952. To his sur­prise, he even passed the bar exam before he graduated . Apparently by mistake, he was permined to join the Arkansas Bar Association. This mistake was confirmed when he attempted to pay his dues the second year. His check was returned to him, uncashed. He did get confirmation thac his race was the reason his membership dues were rejected .

Early Legal Career Shor tly after opening his Jaw practice 111 Pine Bluff. he was

appointed as a special deputy prosecuror in Ashley County to assist in the prosecution of a white truck driver who had been accused of sexual ly abusing a 16-year-old black femaJe. It was unusual to pros­ecute whi te people for such offenses committed against a black vic­tim. T he man was convicted . See \~tt v. Stille, 222 Ark. 483 (1953).

In the mid 1950s, Wiley Branton represented a 19-year-old black defendant, convicted of the mu rder of his whi te employer and sen­tenced to death by electrocution. Mr. Branton fi led a timely mO(ion

22 n,e Arkansas l awyer www.arkbar.com

In th is early period, he had at leas t twO other cases that he successfully handled before the Arkansas Supreme Court. S" \'(1zbbas,ka Sc"ool District Nllmb" 7 v. j o/mson, 225 AIk 982 (1956), a teaeher fair dismissal case;

and Brooks v. Burgess, 228 Ark. 150 (1957), a usury case. These early cases demonstrate that Wiley BrantOll was will ing to

take on controversial and difficulr cases. He showed great compe­tence and d iligence in the legal marrers emruS[cd ro his care. Legal fees were a secondary consideration. He often worked for litcie or no fee. And he appeared fearless.

The Little Rock Central High School C risis

As ide from being an active member of the NAAC p, Wiley Bramon aJso became a "cooperating" attO rney wim the AACP­LDEF. The NAAC P-LDEF had a working arrangement with various lawyers across the United States who were will ing to take on civil rights cases. T he level of involvement of the NAAC P-LDEF with a case involving a cooperating attorney va ried and depended upon the significance of a particular case.

In 1955, and in response to the Brown decision, the Little Rock School District (hereinafter "school district") had announced a grad­ual plan of integration. T he school district plan called for integra­tion at the senior high school level first, followed by integration at the junior high school level , and then the elementary school leve l. High school integration was ro start in the 1957- 1958 school year. No target dates were set for further imegra tio n. Moreover, the plan did not call for full integration, but only allowed for a limi ted num­ber of black students to anend some white schools.

When leaders of both the state and local chapters of the AACr were unable to ger the school d istrict to undertake a more aggressive integra tion plan. these leaders contemplated rhe filing of a lawsui t. Wiley Bramon was invited to meet with Reverend J. C . C renshaw, president of the Li ttle Rock Branch, NAA Pj Mrs. Daisy Bates, presidenr of the State Conference of Branches, NAAC Pi and other local NAAC P officials and black parents to disc llss rhe issue of filin g a lawsu_it. Wiley Bramon agreed to accept rhe representarion.

In January 1956, Wi ley Branton fil e(t a lawsui t in me U.S. District Court for the Eas tern District of Arkansas on behaJf o f the

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parents of 33 black children. The case was styled Aaron v. Coop~r. The lawsuit sought (0 have cl1e srate's segregation laws declared unconstitutional, and it also sought more immediate integration.

Wiley Branton immediately coordinated his efforts with both the national NAACP and the NAACP-LDEF. While mere were a num­ber of atto rneys who panicipated in the represemarion of the plain­tiffs at various stages of the litigation, it would appear that Wiley Bramon, Thu rgood Marshal l, Robert L. Can er, and U. Simpson Tate handled most of the workJoad .

The rrial was scheduled for August 15, 1956, before U.S. District Judge John E. MilJer. The defendant school district essemially con­ceded that the state's segregation laws were unconstitutional. The school district argued that its proposed plan of inregration was a rea­sonable plan and should be accepted. O n August 27, 1956, Judge Miller issued a decision in which he denied the plaintiffs' claim for rel ief and accepted the school district's integration plan as a reason­able one. See Aaron v. Cooper, 143 F. Supp. 855 (1956) .

Following the denial of cl1ei r claim for relief, Wiley Bramon con­ferred with Thurgood Marshall, Robert Carter, and omers. They decided to appeal Judge Mi ller's decision to the Eighth Circuit Court of Appeals. Bocl1 Wiley Branton and Robert Carter presented the appellants' argument before the Eighrh Ci rcuir. The Eighth Circuit affi rmed the District Court's ruling that the school district was act­ing in the utmost good fa ith and that the plan was reasonable. The Eighth Circuit did reiterate the District Court's ruling that the District Court would retain jurisdiction of the case "to ensure a fuU opportunity for further showing in the event compliance at the ear­liest practical date ceases to be the objective." T his retention of juris­diction was shortly to become very important as this case became the vehicle through which all further litiga tion involving integration at Cenrral High was channeled. See Aaron v. Coop", 243 F.2d 36 1 (1957).

Since the time for implementation of the school district's plan was rapidly approaching, and not wanting to risk obtaining a bad deci­sion from the U.S. Supreme Court which might establish the Little Rock plan as a model plan, the plaintiffs decided nOt (0 pursue any further appeals. Instead , they attempted ro work with the school dis~

trict to identify cl1e black students who would enter Central High at the start of the 1957- 1958 school year.

Initially. there were about 200 black students who were el igible to

mend Central High. As fal l 1957 approached, the school diStr ict had reduced/screened the number of eligible black students down to

about 25 students. None of the original black plaintiffs in Aaron v. Cooper were included among cl1e approximately 25 black students sciencd by the school districL Our ot this reduced group, on ly nine black studenrs, with the consenr of their parenrs, were willing co undergo what was rap idly becoming a significant personal challenge to imegrate Central. Those nine courageous ch ildren have now become known to both history and rhe world as the "Little Rock Ni ne."

As the srart of school drew near, increasing "pressure" was being placed on both dle school disrrict and rhe f.unil ies of the black stu­dents planning to attend Central nor to go forward with the plan. The families of the Little Rock Nine were threatened, harassed, and subjected to economic reprisal s.

The Governor of Arkansas, O rval Faubus, and the Arkansas State Legislature were doing everything in thei r power to thwart the Brown decision in general , and to prevent the integrat ion of Central High School in particular. See Cooper v. Aaron, 358 U.S. 1,8 (1958).

On September 2, 1957, Governor Faubus dispatched members of

24 TIle Arkansas L(I\'Ycr W'NW.arkbar.com

After the crisis at Central High School,

Wiley Branton went on to have a very

distinguished legal career. He made

significant contributions in civil rights,

voter registration, legal education, and

service to the legal profession.

the Arkansas National Guard to Central High for the express pur­pose of preveming the Little Rock N ine from emering school. On the next day, and in response ro the actions of the governor, the school board filed a petition in Aaron v. Coop~r to postpone imple­mentation of the integration plan. On the very same day, U.S. District Court Judge Ronald Davies denied the school district's request for a delay of the plan and ordered it to go forward.

O n September 4, 1957, which is another day in American hisro­ry that should "live in infamy" foreve r, the Little Rock Nine were denied emrance to CentraJ High School by the Arkansas National Guard on orders of Governo r Faubus.

At the request of U.S. District Judge Davies, the attorney general of the United States entered into Aaron v. Coop~r, as amicus curiae, to enjoin the actions of Governor Faubus and cl1e Arkansas National Guard. The plaintiffs also filed an amended petition seeking to add Governor Faubus and cl1e commanders of the Arkansas National Guard as defendants and ro enjoi n their actions preventing the inte­grat ion of Central High School.

On September 7, 1957, Judge Davies "found that the school board 's plan had been obstructed by the Governor through lise of National Guard troops," and he enjoined the Governo r and the Guard from "'preventing the attendance of Negro children at Central High School. " Aaron v. Cooper, 156 F. Supp. 220 (1957). The next day, Governor Faubus withdrew the NationaJ Guard. By that time, opposition to the integration plan had become so explosive, due in large measure to [he acrions of the governor, that it became apparenr that the safery of the Little Rock N ine was in serious jeopardy. Also in jeopardy was [he rule of law and the Supremacy Clause of the U.S. Constitution.

On September 25, 1957, President Eisenhower dispatched feder­al troops to Little Rock Central High School to restore order and to enforce compl iance with the court approved integration plan. The federal troops remained cl1rough the end of the school year and made it possible for the Little Rock Nine to arrend Central High School.

In the spring of 1958, the school district filed another petition seeking a couple of years delay in the further implemenrarion of the plan for inregration due to all the events that had transpired in the 1957-1958 school yea r. On June 20, 1957, U.S. District Judge Lemley granted the school district's request for a delay. T he plain­tiffs appealed to the Eight C ircuit which reversed the District Court. The school district then appealed to the Supreme Court. T his case proceeded with lightening speed from the District Court decision on

June 20, 1958, umil a ruling by the Supreme Court on September 12, 1958. Wiley Braman played a significant role in moving the case through the appellate process. Thurgood Marshall presented the oral argumem before the upreme Courr.

The significance of Cooper v. Aaron is captured in rhe first para­graph of the full decision when the unanimous Supreme Court states "as this case reaches us it raises questions of the highest imponance ro the maintenance of our federal system of government. It necessar­ily involves a claim by the Governor and Legislature of a State that there is no duty on state officials ro obey federal coun mders res ting on this Coun's considered interpretation of the United States Constitution. "

The Supreme Coun wem on [0 rei terate that the U.S. Constitution was the supreme law of the land; that the Supreme Coun's imerpretation of the U.S. Constitution was absolutely con­troHing and binding on state officials; and in general, that the orders of federal COUrtS should not yield [0 mob rule or sta te officials who disagreed with the federal court's interpretation of the U.S. Constitution. Cooper v. Aaron, 358 U.S. I, 17- 18 (I958).

Wiley Branton's involvement in this litigation placed both him and his family in personal dange r. By September of 1957, Wiley

Branton and his wife Lucille had six children ranging in age from newborn to II -years-old living at their home in Pine Bluff. O ur fam­ily received hate mail and threatening and harassing phone cal ls. While the child ren were shielded from the hate mail , it was nor unusual in our home for the children ro answer the telephone. We received vi le messages that our father would be killed, or that he bet­ter leave town, and numerous ocher threats. There was frequent use of the "N" word. On one occasion, the Ku Klux Klan or some other such group decided to place flaming crosses in our front yard and on our family cemetery plor. My f..1ther kept a phoro of one of the cross­es on his desk for the rest of his life. Our home became an armed encampment. Our white neighbors organized a neighborhood parrol to help protect us. At one point, the ch ildren were sem ro stay

in Memphis with our grandparenrs. It was not until much later in life that I had an appreciation for the danger that we had been in. O ur sense of security and comfo rt came from Wiley Branton, who appeared camious and practical, bur never fearful.

I would submit that if one studies the full record of the events sur­rounding the Central High School crisis, Wiley A. Branton would have to be considered as significant a figure as any of the other par­ticipancs who figured prominently in those events. Part of the reason that his role may nor be more widely known is that he never sought rhe limeliglu. He was content to just get the job done and to move on to the next task. That is how he li ved his life.

Sources for this article included personal and family recollections; review of an article written by W iley Branton titled "Little Rock Revisited: Desegregation To Resegregation," which appeared in T HE JOURNAL OF NEGRO EDUCATION, Volume 52, Number 3, Summer 1983; and review of the cases cited.

After the crisis at Central High School, Wiley Branton went on ro have a very dist inguished legal career. He made significant contribu­tions in civil rights, voter registration, legal education, and service to

the legal profession. Wiley A. Branton died at his home in Washington, D.C., in 1988. For anyone who may be interested in more details on rhe life of Wiley Braman, Professor Judi th Kilpatrick of [he University of Arkansas School of Law at Fayetteville has writ­ten a book detailing the life of W iley Branton which should be pub­lished during 2007 . •

Don't miss the multi-media

presentation of the landmark

case Cooper v. Aaron at the

Arkansas Bar Association's

Annual Meeting on

Thursday. June 7th.

To register go to

www.arkbar.com for

program information.

From Marbury v. Madison to Cooper v. Aaron

Vol. 42 No. 2/Spring 2007 TIle Arkansas la>rycc 2S

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\l.I"TTT_-r-r"T.J/IPrrot'idefor the common defense, promote the general Welfare,

to ourselves and our posterity, do ordain and establish this

of America. · PREAMBLE TO THE U.S. r a._--tI. .. " .... .-

the common defense, promote the general Welfare, and secure the

our posterity, do ordain and establish this Constitution for the

lI"',MI'Lt TO THE U.S. CONSTITUTION ~he People of the United

~p'erject Union, establish Justice, insure domestic Tranquility,

promote the general Welfare, and secure the Blessings of Liberty

ordain and establish this Constitution for the United States of

CONSTITlITION ~he People of the United States, in order to

eSltab'lis,h Justice, insure domestic Tranquility, Provide for the

Welfare, and secure the Blessings of Liberty to ourselves and

this Constitution for the United States of America. ·PREAMBLE

the People of the United States, in order to form a more perfect

domestic Tranquility, Provide for the common defense,

and secure the Blessings of Liberty to ourselves and our

this Constitution for the United States of America. ·PREAMBLE

the People of the United States,

tes of America. -PREAMBLE TO THE U.S. CONSTITUTION the

in order to fonnlor~niTesta~:lu~L\:~e the common seU th.l-4, re e

INTEREST ON LAWYERS' TRUST ACCOUNTS . . . .. .. . .. 1I~,'IVI,.and ourpo r

~~~~~~~~~~Unite'd States of America. ·PREAMBLE TO THE U.S, CONSTITUTION

2006-2007 BOARD OF DIRECTORS

OFFICERS

Larry E. Kircher PRESIDENT Bald Knob

Nate Coulter VICE PRESIDENT Little Rock

Anna Via SECRETARY Dardanelle

James D. Gingerich TREASURER Conway

Frank B. Sewall 1M. PAST PRESIDENT Little Rock

DIRECTORS

Richard C. Downing Little Rock

Jim Jansen Pocahontas

Louis B. (Bucky) Jones. Jr. Fayetteville

Tamla J . Lewis Rogers

Freeman McKindra, Sr. Little Rock

James A. Ross, Jr. Monticello

Margaret M. Staub Helena

EX OFFICIO

Don Hollingsworth Executive Director Arkansas Bar Association

STAFF

Susie Pointer Executive Director

LETTER FROM THE PRESIDE T

AND EXECUTIVE DIRECTOR

Dear Colleagues,

The Arkansas IOLTA program traces its existence to 1984 when it was creat­ed by a Per Curiam Order of the Arkansas Supreme Court. Under Rule 1.15 of Arkansas' Rules of Professional Conduct, lawyers certify their compliance with proper trust account practices. This rule, which provides the guidelines for safekeeping the property of others, requires all Arkansas lawyers who hold client trust funds that are short-term or nominal in natu.re to place these funds in pooled multi-client 10LTA accounts. The interest from 10LTA trust accounts is paid to the Foundation. The Foundation then awards grants from these funds to programs that provide civillegaJ representation to poor Arkansans and for projects that aid in the administration of justice. The Foundation distributed $416,341 to grantees during 2006.

On November 30, 2006 the Arkansas Supreme Court issued a Per Curiam Order concerning changes to Rule 1.15. Effective February 1st of the follow­ing year, and subject to certain conditions, attorney [aLTA accounts may be checking accow1ts or money market accounts and may include a sweep prod­uct for high-balance accounts. The revised Rule may be found on the Court's website at h ttp://courts.state.ar.us. Hopefully attorneys and bankers will make use of this wider range of bank products.

Interest rates rose gradually on attorney 10LTA accounts during 2006 pro­ducing increased revenue for the Foundation and its mission. Over 160 Arkansas banks offer [aLTA accounts and most do so without charging fees. This enables the Foundation to maximize the amount of funds that are avail­able for grants for law-related commW1ity activities. The Foundation sin· cerely appreciates this support from the Arkansas banking community.

We hope you will take a few minutes to review this report-especially the case vignettes that exemplify the good work done by Arkansas lawyers. We appreciate the positive response and leadership of the legal community in Arkansas. With the efforts of each of you, reaJ people with real legal prob­lems are able to access justice even though they are too poor to pay for civil legaJ services. The interest from your [aLTA account does make a difference daily in the lives of people who need legal help.

Larry E. Kircher President, 2006-2007

Susie Pointer Executive Director

"

2006 lFIT NCIT LIT INCOME

10lTA Accounts Interest earned on operating account Interest earned on unemployment account Interest earned on money market account Interest earned on C.D.'s

Total Revenue for Period

Administrative expenses Grant disbursements

Total Expenses for Period

EXPENSES

lFORM TITON*

$710,770 2,386

8 4,813

11,1 83 $729, 160

$96,551 416,341

$512,892

·Aud.t of the FoundatlOl1's books WIll be completed by the end of July. FiMI audrted figures WIll be available from the FoundatlOl1's office after July 15. 2007. If you woufd fike a COPY. please cal the Foundatoon offICe at (501) 682·9421. The unaudrted .nformatoon presented above IS based on the Treasurer's Report for January 1 to December 31,2006.

GRANT DITSTRITBUTITO HITSTORY

$900,000

$800,000

$700,000

$650,000

$800,000

$550.000

$500,000

$450,000

$400,000

$350,000

$300,000

$250.000

$200,000

$150,000

$100,000

$50,000

$0

• LEGAL AID . PAJ • LEGAL ED

1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006

LEGAL AID TO THE POOR, 2006 HliGHLliGHTS

CENTER FOR ARKANSAS LEGAL SERVICES (Center) $233,182 Providing quality legal representation to low-income Arkansans in Arkansas, Ashley, Bradley, Calhoun, Chicot, Clark, Cleveland, Columbia, Conway, Crawford, Dallas, Desha, Drew, Faulkner, Franklin, Garland, Grant, Hempstead, Hot Spring, Howard, Jefferson, Johnson, LaFayette, Lincoln, Little River, Logan, Lonoke, Miller, Montgomery, Nevada, Ouachita, Perry, Pike, Polk, Pope, Prairie, Pulaski, Saline, Scott, Sebastian, Sevier, Union, White and Yell counties.

-The Center's staff and attorneys continued to offer outreach activities to low-income Arkansans in its service area. Outreach activit ies included talks to community fai rs, senior citizens, Headstart Centers, relative caregivers, health c linics, domestic violence victims, veterans, and schools. Presentations were made in Arkansas, Clark, Crawford, Drew, Garland, Hot Springs, Jefferson, Johnson, Ouachita, Pope, Pulaski, Sebastian, Union and White counties. -In conjunction with the Arkansas Legal Services Partnership (ALSP), the Center's attorneys worked on that group's statewide website's Online Legal Library project. Over 166 Legal Fact Sheets may be accessed on-line; there were over 808,648 page views in 2006. Special sections were developed for staff and pro bono attorneys, including The Pro Bono Case Alerts E-Newsletter, Medicare Part D, and new non­English materials and resources. -The Center utilized an 8-minute in-house produced "on-hold advice" message for callers on the statewide hotline. The advice covers six legal topics. -Public Service Announcements (PSA's) on three legal topics were aired on over 50 radio stat ions throughout the state. -The Center expanded its collaboration to include 56 public libraries that offer Virtual Law Offices, includ ing displays and client user manuals to assist patrons with the self-help Onl ine Legal Library. -Special outreach efforts in 2006 included evacuees of Hurricane Katrina. More than 1,065 people visited the Hurricane Katrina Re lief and Resources Section where they received updated information on FEMA and housing benefits. -The Center worked with Legal Aid of Arkansas, the Arkansas Access to Justice Commission, and the Arkansas Bar Association to host five Town Hall meetings in 2006 concerning access to civil legal justice in Arkansas. Four of the meetings were in each of the state's congressional districts, with congressional representatives and the publ ic discussing the civ il legal needs of low-income Arkansans. The fifth meeting was held at the joint annual meeting of the Arkansas Judicial Council and the Arkansas Bar Association. Ms. Jean Turner Carter is Executive Director of the Center.

LEGAL AID of ARKANSAS (LAA) $156,609 Providing quality legal representation to low-income Arkansans in Baxter, Benton, Boone, Carroll, Clay, Cleburne, Craighead, Crittenden, Cross, Fulton, Greene, Independence, Izard, Jackson, Lawrence, Lee, Madison, Marion, Mississippi, Monroe, Newton, Phillips, Poinsett, Randolph, St. Francis, Searcy, Sharp, Stone, Van Buren, Washington, and Woodruff counties.

-Beth Carnett is a Paralegal in the Jonesboro office and has worked with LAA for nearly 20 years, beginning as a legal secretary. Her primary

2006 ARKANSAS IOLTA GRANT RECIPIENTS

responsibility is working on the Helpline and providing support for the program's Domestic Violence Unit. Ms. Carnett closed 370 cases during the first half of the year, including 45 that involved domestic violence. -Demetria Edwards, who previously worked in LAA's Helena office in 2003-2004, rejoined the office in December of 2005. She moved from the Jonesboro office to the West Memphis office in February 2006. She is certified by the Administrative Office of the Courts (AOC) to handle dependency/neglect cases and serves as an attorney ad litem in Crittenden County. -William Everette served as Director of Delta Operations beginning in January 2006, having previously worked for LAA as Managing Attorney in the Helena office. He has a long career in public service including the U.S. Navy and the Social Security Administration. -Teresa Franklin, a 2005 graduate of the U of A School of Law joined LAA's Jonesboro office in January of 2006. She had previously worked for the Benton County Attorney/Benton County Prosecutor's Office. She closed 158 cases during the f irst half of the year. -Barbara Griffin is the Managing Attorney for the Newport office since May 2002, which serves Independence, Jackson, Lawrence, Randolph, Sharp and Woodruff counties. She was previously in private pract ice and began working for LAA in June of 2001. Ms. Griffin focuses primarily on housing issues including federally subsidized housing authorities. -Margaret Reger has managed the Harrison office for 20 years and has over 30 years' experience in Legal Services work. She is certified by the AOC to handle dependency/ neglect cases in juvenile court. Ms. Reger also handles a variety of cases for low-income peop le in Baxter, Boone, Marion and Newton counties. -Lee Richardson is Executive Director of LAA, having worked as a Legal Services attorney since January 1991 . In addition to supervising the program's legal work, compliance, and Managing Attorneys, Mr. Richardson also maintains an act ive caseload. -Sherri Stewart is the Managing Attorney of the Mountain View office of LAA, serving in that capacity for over 15 years. Her office serves Cleburne, Fulton, Izard, Stone, Searcy and Van Buren counties. She is also certi fied by the AOC to handle dependency/neglect cases in juvenile court and serves as attorney ad litem in Stone County through a contract with the 16th Judicial District. -Ebony-Azizi Sylla was employed as a staff attorney in the West Memphis office through February of 2006. She closed 28 cases prior to joining the JAG Corps. -Andrea Walker graduated from the Washburn University School of Law in May 2005 with high honors. She joined UIA's Jonesboro office in August 2005 as a Staff Attorney. She primarily represents victims of domestic violence. She also provides brief advice for other types of civil cases. -Jeanette Whatley is the Managing Attorney in the West Memphis office, which serves Crittenden and Cross counties and the Osceola District of Mississippi county. She also serves as Director of LAA's Housing Unit there. She provides housing counseling to first-t ime home buyers. Ms. Whatley is an experienced litigator with past work in private practice and for several Legal Services programs. -Legal Aid of Arkansas worked with the Center for Arkansas Legal Services, the Arkansas Access to Justice Commission, and the Arkansas Bar Association to host five Town Hall meetings in 2006 concerning access to c ivil legal justice in Arkansas. Four of the meetings were in each of the state's congressional districts, with congressional representatives and the public discussing the civil legal needs of low­incorne Arkansans. The fifth meeting was held at the joint annual meeti ng of the Arkansas Judicial Counci l and the Arkansas Bar Association. Mr. Lee Richardson is Executive Director of Legal Aid of Arkansas.

ARKANSAS VOLUNTEER LAWYERS FOR THE ELDERLY (AVLE)

$6,786 AVLE is a jOint venture of the Arkansas Bar Association, the states' two Legal Services programs, and the Department of Human Services, Division of Aging and Adult Services. AVLE staff works closely with the Legal Services programs and the Area Agencies on Aging to insure older Arkansans get the legal representation they need.

-Fourteen new attorneys joined AVLE during 2006. -Mr. Carl Hopkins of Ft. Smith was selected as the AVLE Volunteer Attorney of the Year. He donated 58 hours to the AVLE program for the year. -Nineteen (19) attorneys who donated 20 hours or more to the program were considered for the Vo lunteer Attorney of the Year Award received by Mr. Hopkins. -AVLE sponsored the annual dessert after hours recept ion at the Arkansas Bar Association meeti ng in Hot Springs. The dessert and coffee recepti on honors all act ive AVLE attorneys. -Ten (10) private attorney volunteers assisted the AVLE Director, Ms. Cathy Edwards, in presenting information, answering common legal questions, and distribut ing publications to senior citizen groups. -The AVLE staff attended five (5) senior citizen information/health fa irs throughout the state distri buting information and publications. The AVLE staff also exhibited at the annual Ag ing Conference in Hot Springs. Ms. Catherine Edwards is Director of AVLE.

EQUAL ACCESS TO JUSTICE PRO BONO PANEL (EAJP/LAA) $6,786

-Vo lunteers on the EAJP panel handled cases involving adoption, deceptive trade practices, protect ive orders, debt collection and contract issues, guardianships, divorces, Medicaid and nursing home issues, property matters, Social Security, and wills. -Presentations were made to community groups by EAJP staff and volunteers on Adult Guardianships, Domestic Violence and Family Law, End-of-Life Issues, Homebuying Basics, the Outreach Project, Powers of Attorneys and Wills, and the services provided by Legal Aid of Arkansas. -Accord ing to a statement by Mr. Lee Richardson, Executive Director of Legal Aid of Arkansas: "LAA has partnered with Fayetteville's Peace at Home Shelter and the Washington County Bar Association to sponsor the Freedom Project, which is focused on providing services to shelter c li ents who have protection, divorce and custody issues. The project fu lfills the Equal Access to Justice Panel's goal of having a bar­sponsored panel of attorneys focused on handling contested domestic violence cases and allows participating attorneys to represent clients referred to them through a streamlined process. There are current ly eight volunteer attorneys who will accept cases on a rotat ing basis, and four of those were recruited at a continuing legal education seminar on domestic violence and fami ly law sponsored by the project partners and the Washington County Prosecutor's Office . The seminar was made possible by an anonymous donor to Peace at Home Shelter, and police, prosecutors and volunteer attorneys were able to attend free of charge. The project and the seminar made the front pages of the June 24, 2006 editions of the Morn ing News of Northwest Arkansas and the Northwest Arkansas Times and received national attention in the July 13, 2006 edition of the Legal Services Corporati on's newsletter." Ms. Susan Purtle served as Pro Bono Coordinator of the EAJP.

VOLUNTEERS' ORGANIZATION, CENTER FOR ARKANSAS

LEGAL SERVICES (VOCALS) $10,478 VOCALS won the prestigious Harrison Tweed Award* in 1985. The program was started in 1982 by the Pulaski County Bar Association in an effort to help the Center for Arkansas Legal Services meet the legal needs of poor people in Pulaski County. Through a cooperative venture between eight central Arkansas bar associations, individual attorneys and the Center, over 840 volunteer lawyers now provide free legal assistance to poor people in the Center's 44-county service area.

"The Center continues to partner with the UALR Bowen School of Law to recruit law students to help with pro bono work. Seven (7) law students have volunteered to work on the Helpline on a regular basis, answering calls and interviewing clients. They have also worked on client legal education materials in order to create "Fact Sheets" on common legal problems. The cases are primarily family law cases, including custody. While assisting clients, the students' skills are honed on arguing the merit s of the cases. -The Arkansas Pro Bono Partnership-consisting of VOCALS, AVLE, VAP, and the EAJP-staffed a recruitment booth during the annual meeting of the Arkansas Bar Association. They provided demonstrations to pro bono attorneys of the On line Legal Library. -The Pulaski County VOCALS campaign ended on May 31, 2006 with 103 new attorneys recrui ted and over $200,000 raised in contributions. -Mr. H. William Al len was named VOCALS Attorney of the Year. He was honored at the annual meeting of the Pulaski County Bar Association. Mr. Allen has been both a pro bono attorney and a contributor to VOCALS for the past twenty years. The program's administrators were Ms. Angie Moore, Pro Bono Coordinator, Little Rock and Ms. Janet B. Dyer, Managing Attorney/ VAP Pro Bono Coordinator.

PROJECTS TO IMPROVE THE ADMINISTRATION OF JUSTICE

ARKANSAS BAR ASSOCIATION, YOUTH EDUCATION,

MOCK TRIAL COMPETITION $500 Mock Tria l competition provides high school students with a greater understanding of and appreciation for the law. Students must be in grades 9-12 and each team of six must have a teacher sponsor and an attorney coach. Twenty-nine high schools com peted in the statewide competit ion with Parkview High School of Little Rock winning the 2006 state championship. A host of judges, attorneys, and volunteers participated as presid ing judges, scoring judges, attorney coordinators and coaches, and bailiffs. Attorney Michelle H. Cauley chaired the 2006 Mock Trial Committee and Mr. Rando Hicks of the Arkansas Bar Association coordinated the Competition.

Volunteer Attorneys Assist Clients HFor The Good" Legal Services Help People Who Need Help

The following legal matte1'S were handled for free by attorneys in private practice who volunteered their legal services to pro bono (meaning "for the good") programs in their communities. While the cases are real, the *names are fictitious to protect client identity.

~ "*Mr. Keiser, a 25-year-old Greene County man, contacted Legal Aid of Arleansas (LAA) when the mother of his son, *jacob, moved to Florida with the child despite a court order prohibiting her from leal)ing the county. The child's mothe~' indicated that she planned to move to Puerto Rico with her new husband, who was abusive to Jacob, and the client flared he would never see his son again. The volunteer attorney for the Equal Access to Iustice Pro Bono Panel (EAIP) succeeded in getting Mr. Keiser full custody of his son and in stopping the child support payments he had been required to make while jacob was living with h · " zm.

~ "*Mrs. Lind, a 51-year-old mother of three, needed assistance getting a divorce from her abusive husband. When the client contacted the Center for Arkansas Legal Services (CALS), it was the first time she had ever experienced physical violence from her husband, though she was emotionally and verbally bat­tered throughout their marriage. The husband left her with the children in the marital home, while they were going through foreclosure. Mrs. Lind was r'eflrred to a private attorney for Volunteers Organization, Center for Arkansas LegaL Services (VOCALS) and the divorce complaint was filed, which the husband initially contested. At the final hearing, it was believed that the husband had flown out of the country, and the j udge issued a default judgment of absoLute divorce and fuLL custody and ordered the father to pay child support. Once the foreclosure began, the attorney was able to remove our client's name from the mort­gage. The attorney also was able to secure funds for Mrs. Lind and the children through the husband's pen­sion plans and the client was awarded an initial $9,000, with more funds to be distributed."

~ "*)l.1s. May, a 49-year-old Crittenden County woman, had been caring for her mentally handi­capped sister, *jane, for more than three years and was unable to obtain necessary medical care for her sister because she did not have guardianship. The sista; who suffered from a lacle of oxygen to the brain prior to birth, has the mind of a 4-year-old and marks an 'X" for her signature because she is unable to sign her name. As a result, the only physician wiLling to provide her with medical care was the family doctor she had seen for much of her life. The EAjP volunteer attorney helped Ms. May obtain guardianship of jane, and the sister is now able to get the medical care she needs from a specialist. "

~ "One of our clients, *Mrs. Bowman, initially came to the Center for assistance with a fraudulent bank charge. Mrs. Bowman had met and married a man in Texas, and he hold her that he owned several "franchise teams." When they moved back to Arleansas, he secured a mortgage to an extremely expensive home in both of their names, with a check that was no good. The client at the time was unaware of what her husband had done and was enduring a great deal of physical and emotional abuse. Mrs. Bowman was referred to one of our VOCALS attomeys, who was able to get the client's marriage annulled. The pro bono attorney was also able to get Mrs. Bowman cleared of the charges from the banle fraud. "

Attorneys for the Legal Services programs in Arilansas handled the following cases in 2006. While the cases are l'eal, the "'names ate fictitious to protect client identity.

""'Mr. Brannan, a 64-year-old Crittenden County man, was denied Social Secul'ity retirement benefits because he did not have a birth certifi­cate. He was born at horne with a midwife, and his birth was not timely registered. The client was unable to obtain the necessarJI primary documents to get a birth certificate without a court order: An attorney for Legal Aid of Arleansas (LM) fi led a Petition for Issuance of a Delayed Birth Record. After the available evidence was examined, the judge issued an order verifying Mr. Brannan's date of birth and the client is now receiving tile benefits to which he is entitLed })

""'Ms. McKenzie, a Hurricane Katrina evacuee living in Arleadeiphia, was notified by FEMA that her rental assistance payments would end in May. The client sought assistance to appeal FEMA's decision. Eleven jurisdictions in the United States had made requests to FEMA to extend the rental assistance, and it was not clear whether Ari?ansas had made such a request. A paralegal for the Cente1"for Arkansas Legal Services (CALS) contacted state officials and FEMA to determine the appeal procedures for Ms. McKenzie. The Center mailed her a Declaration of Need for Rental Assistance, and instructed her to get a letter from her former landlord explaining that the house she was renting in Texas was

no longer available to her. The paralegal provided information and forms on the FEMA appeal procedures to other evacuees in the Arkadelphia area. "

"*Mrs. Lynch, a 63-year-old disabled Randolph County woman, purchased a car for $2,400 from a used car dealer. The client made a $600 down payment at the time of purchase, which was never recorded. The seller refused to release the lien and sign the title to the car over' to her after she paid i.t off because he said she still owed the $600 plus late fees. An attorney for Legal Aid of Arkansas was able to document that Mrs. Lynch had made all the required payments and negotiated with the seller for the release of the lien and title to the car. "

"*Mrs. Gillett carne to the Center for help in finding assistance with her prescriptions. The client is 80-years-old and paying off a really high credjt card bill that carries mostly herpresaiption drug costs. Mrs. Gillett receives retirement from Safeway and has a pharmacy card that pays 10% of her drug costs and she pays 30%. The client is on several medications and cannot pay it other than placing it on her credit card. Mrs. Gillett had missed the deadline for registering with Medicare Part D (the prescription dmg benefit plan). A staff attorney not only explained to Mrs. Gillett that there is a second enrollment period in November but also provided her UJith information from the statewide website which contained a phone number to help elderly people with their qu.estions. The staff attorney worlud with repl'esentatives at other agencies, includ­ing the local Area Agency on Aging and the Charitable Christian Clinic, the Latter of which has a specific discounted presaiption drug plan. "

IOLTA ARKANSAS IOLTA FOUNDATION, INC_

IOLTA I:\TEREST 0:\ LA\v'YERS' TRLST ACCOUt\TS INTERIST ON LAWYERS' TRUST ACCOUNTS Justice Building, Ste. 0100 • 625 Marshall St. • Little Rock, AR 72201 • Office: (501) 682-9421 • Fax: (501) 682-9415 • E-mail: pointersusie@yahoo.com INTEREST ON LAWYERS' 1l\UST ACCOUNTS

2006 IOlLTA SAl. K HOl TOR ROLL The Arkansas IOLTA Foundation gives special recognition and special thanks to the following financia l institutions for paying an average interest rate o( 1.5% or higher AND waiving service charges on aNorney IOLTA accounts: ______________ _

Arbnsas Superior Federal Credit lJnion, Warren

Bank of Salem Delta Trus~ Hamburg Delta Trust & Bank, little Rock

Diamond State Bank, Hope Diamond State Bank, Nashville Farmers & Merchants, StuHgart fint National Bank, AshdoWn First National Bank, DeQueen

First National Bank, Dierks Fint National Bank, Waldron Fint National Bank of lawrence

Coonty, Walnut Ridge fint State Bank, Warren

Fint State Bank of DeQueen Focus Bank, Paragoold Peoples Bank, Magnolia USllank, Cincinnati, OH

The Foundation appreciates and gives special thanks to the fo llowing financial institutions (or paying interest of 10/0" 1.5% AND waiving ser~ vice charges on aNorney IOLTA accounts: ______________________________ _

Arkansas Diamond Bank, Glenwood Bank of ~usta Bank of DeTigh~ Nevada Coonty Bank of lake Village Bank of Rogers Eudora Bank Farmers Bank, Greenwood fint Conwnunity Bank, lonesboro

Fint National Bank, CrosseH fint National Bank, Hope fint National Bank, Hot Springs fint National Bank, McGehee fint National Bank, StuHgart first National Bank, Wynne fint National Bank of Izard County,

Calico Rock

Fint Service Bank, Clinton Fint State Bank, CrosseH Fint State Bank, lonoke Forrest City Bank Heber Springs State Bank Helena National Bank legacy National Bank, Springdale McGehee Bank

Merchants & Farmen, Dumas Merchants & Planten, Clarendon Signature Bank of Arkansas,

Fa)'eHeville Smackover State Bank SoothBank, Manila

A special thank you to the following financial institutions for paying interest AND waiving service charges on attorney IOLTA accounts: -

A & B Financial, Bentonville Allied Bank, Mansfield American State Bank, Paragoold Arkansas Coonty Bank, DeWiH Arvest Bank, FayeHevilie BancorpSooth, Camden BancorpSooth, EI Dorado BancorpSooth, Ft. Smith BancorpSooth, Hope BancorpSooth, liHIe Rock BancorpSooth, Magnolia BancorpSooth, Melbourne BancorpSooth, Osceola BancorpSooth, Stuttgart BancorpSooth Bank, lonesboro Bank of Arkansas, Tuisa, OK Bank of England Bank of Eureka Springs Bank of FayeHevJ11e Bank of liHIe Rock Bank of Moontain View Bank of PrescoH Bank of Rison Bank of Star City Bank of the Ozarks Bank ofTrumann Centennial Bank, liHIe Rock Century Bank, Texarkana Chambers Bank of North Arkansas,

FayeHevilie Chart Bank, Perryville Citizens Bank, Batesville Citizens Bank & Trust, Van Buren

Citizens State Bank, Bald Knob Commercial Bank & Trust,

Monticello Commercial National Bank,

Texarkana Community Bank of Cabot Community fint Bank, Harrison Elk Hom Bank & Trust, Arkadelphia Farmen Bank, Hamburg Farmers Bank & Trust, Blytheville Farmers Bank & Trust, Magnolia Fidelity National Bank, West

Fi~ Bank & Trust, Jacksonville

fint Bank of Sooth Arkansas, Camden

first Bank of the Delta, Helena first Conwnunity Bank, Batesville fint Community Bank, Pocahontas Fint Community Bank of Crawford

Coonty, Van Buren Fint Community Bank of Eastern

Arbnsas, Marion Fint Federal Bank of Arkansas,

Harrison fint financial Bank, EI Dorado fint National Bank, Berryville fint National Bank, Blytheville first National Bank, Ft. Smith Fint National Bank, Marianna First National Bank, Mena Fint National Bank, Mt. tda

Fint National Bank, Min. Horne Fint National Bank, Paragoold First National Bank of Eastern

Arkansas, Forrest City First National Bank of Green

Forrest, Kingston First National Bank of lewisville Fint National Banking Company,

Ash Flat First Security Bank, Conway Fint Security Bank, Searcy First Service Bank, Conway Fint Southern Bank, Batesville First State Bank, Conway First Western Bank, Boonville first Western Bank, Rogers Heritage Bank, )onesbOfo libertY Bank of Arkansas, lonesboro liberty Bank of Arkansas,

Russellville Malvern National Bank Merchants & Pianten, Newport M~::,litan National Banli, liHle

National Bank of Arkansas, North liHle Rock

OneBank, little Rock Partcway Bank, Monticello Petit lean State Bank PiggoH State Bank Pine Bluff National Bank Pulaski Bank & Trust, liHle Rock Regions Bank, Birmingham, Al

River Town Bank, Dardanelle Simmons Bank, Hot Springs Simmons Fint Bank, Oumas Simmons Fint Bank, lake Village Simmons Fint Bank, lincoln Simmons Fint Bank, lonesboro Simmons Fint Bank, Searcy Simmons First Bank of EI Dorado Simmons Fint Bank of Northwest

Arkansas, Sprinlllale Simmons Fint Bank of Russellville Simmons First National Bank, Pine

Bluff Southern Bank of Commerce,

Paragoold Southern State Bank, Malvern Sunvnit Bank, Malvern The Capital Bank, little Rock Twin CIty Bank, North liHIe Rock Union Bank & Trust, Monticello Union Bank of Benton Union Bank of Mena United Bank, Springdale Warren Bank & Trust

Thank you to these other participating IOLTA banks (or paying interest on attorney IOLTA accounts in 2006: ________ _

Bank of America, St. loois, MO Bank of McCrory Capital One, New Orleans, LA

Chambers Bank, Danville Coming Savings & loan Cross County Bank, Wynne

Fint National Bank of Paris Fint Security Bank of Min. Horne Sun Trust, Atlanta, GA

This /isling is based on interest rates on aclive attorney IOLTA accounts as reported to the Foundation by individual banks in 2006.

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Coming Soon! IIBankruptcy Handbook"

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Vol. 42 No.21Spring 2007 TI,e Arkansas lawyer 27

New Rules in Dependency-Neglect Appeals By Anthony L. McMullen '

For a number of yea rs, COUfts have been allt: lIlpl ilt~ Lu prOleCl lhe: clue-process rights of parems while protecting the rights of chil­dren l'O live in a permanenc, safe environ­meIH. A criticism of the process in depend­ency-neglect cases is the length of time berween rhe term ination of a parent's rights and the disposition of rhe subsequent appeal, which averaged to be 443 days. ' With the goal of limidng rhe record in dependency-neglect cases, cunailing exten­sions, and expediting me appellate process, the Arkansas Supreme Coun adopted Rules 6-9 and 6-10 of the Arkansas Supreme Court and Court of Appeals. which went into effect on July 1.2006.3 This article pro­vides a quick review of the new rules.

Rule 6-9(a} addresses the orders from which an appeal may be taken in dependen­cy-neglect proceedings. A5 before the adop­tion of the new ruJe, the adjudication and termination orders are appealable, as are dis­position, review, and permanency-planning orders that comply with the dictates of Ark. R. Civ. P. 54(b}.4 However, the denial of the right ro appointed counsel is now expressly provided an appealable order under the new rules.' Rule 6-9(a} also obligates circuir courts ro enter orders in dependency-neglect proceedings no later than thirty days after dle hearing.6 Because the rule places such a burden, those courtS that o rder the prevail­ing atrorney ro prepare the o rders should ensure that those orders are prepared and approved as to form in a timely manner.

Rules 6-9(b} and (c) simplifY the record in dependency-neglect cases. Before the new rules, an appeal from a termination order might require a multi-volume record that cou ld exceed one thousand pages. This comes at a substantial cost to whoever is pay­ing for the transcript. The new rules purport ro reduce this cost. First, rather than filing a normal Notice of Appeal and Designation of Record, the Supreme Cou rt has created forms that must be completed, fil ed. and served on the court reporter and all partie.sJ The Notice of Appeal and Designation of

Record must be signed by both counsel and appel lant, if the appellanr is an adult. 8 By requiring the parent ro sign the notice of appeal, this provision will hopefully encour­age appellants to maintain contact with

28 TIle Arkansas la\\ycr www.arkbar.com

counsel throughour the appellate process. Second, me appel late record in dependen­

cy-neglect cases is now limited ro the tran­script of the hearing from which the order on appeal arose plus those petitions, plead­ings, o rders, and exhibits relevanr to said hearing.9 Whi le this substantiall y reduces the appellate record (surely to be a relief to court reporters and record abstracrors), attorneys in dependency-neglect cases must be more mindful of appellate pracdce at the trial level. The circuit court is still required under the Arkansas Code ro rely upon the record in the entire dependency-neglect case in making a decision to terminate parental rights, IO but appel late courtS will be unable tu review lhe history of a case unless that his­tory is developed at the termination hearing or the hearing from which the appealed rul­ing results. Therefore. while the new rules may reduce the cost of preparing a record in dependency-neglect cases, ir puts a burden on trial attorneys to ensure thar the record is fu lly developed at each stage of the proceed­IIlgs.

Rule 6-9 has its biggest impact on the speed of the appellare process. The time for filing [he No<ice of Appeal has been reduced [Q fourteen days, down from thirty days under the Rules of Appellate Procedure. I I The record on appeal must be completed and ccnificu Williill :.ixly days of filing [he notice of appeal, and the record mUSt be filed with the clerk of the Supreme Court within seventy days of filing the notice of appeal. 12 Once the record is lodged, the appellant must file his or her brief with.in rwenty days. 13 The appellee(s} will have twenty days to respond, and the appellant will have ten days to reply to the response.14

These time limits are less than the forty days to file the brief, thirty days to respond, and fifteen days to reply under the o ld rules." The argument section is now limited to

twemy pages in dependency-neglect appea1s. 16 Extensions are now limited to one per parry (a lit.! uut: for rhe completion of the record) , and such extensions are limited to

seven days.1 7 Once a dependency-neglect case is ready for submission, it is immediate­ly submitted to the reviewi ng court. 18

Finally, petitions for rehearing and for review are to be filed within five days of the

appellate mandate, reduced from eighteen days under the original rules.

Rule 6- 10 delineates counsel's responsibil­ities in dependency-neglect appeals. Under the new rule, trial counsel is requi red to rep­resent his or her client until permitted to

withdraw by the appropriate coun.20 Once the mandate is issued by the reviewing court, an attorney has thirty days to submit his o r her motion for fees. 21 While nor parr of the new rules. anorneys who represent clients in termination cases should become familiar with the procedure for no-merit appeals under Ark. Sup. Ct. R. 4-3(j), which was incorporated into termination appeals by the Supreme Court in Linker-Flores v. Arknmas Department of Human Servias 22 in 2004.

T he new rules have been in effect for only a brief period of time; therefore, it is toO

early to tell if they will indeed reduce me costs and length of dependency-neglect appeals. Of course, nothi ng is a substitute for reading the actual rules; those involved in dependency-neglect cases--even if rhey arc not involved in appellate practice-arc encouraged to become fam il iar with the new rules and, if necessary. incorporate them into their practice to ensure that they are compe­tently representing their clients.

Endnotes: I. Anthony L. McM ullen, J.D. (University of Arkansas, 2004) is a law clerk for Judge Wendell Griffen of [he Arkansas Court of Appeals. Any opinions expressed herein are solely those of the author and do not reAect the opinions of Judge Griffen o r any employee of the Arkansas Court of Appeals. 2. Su In rt:: Proposed Rilles for Appeals III Depmdmcy-Negkcl eases, 365 Ark. Appx. _, _ (2006) (hereinafter "Proposed Rules"). In Menzies v. Ark. Dep't of Hllm. Servs., CA 03- 1237 (Dec. 14, 2005), 982 days passed from the entry of the termina­tion order and the appellate decision. Id 3. See Proposed Rilles, 365 Ark. Appx. at _; In re: Adoption of Rules 6-9 and 6-10 of the Rules of tlu Supreme Court and Court of Appeals, _ Ark. Appx. _ (May 18, 2006).

Endnotes continued on page 45

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Arkansas Suprcmc Court HistoriGlI Socic~v

Noteworthy Arkansas Jurists: From the Trial Bench to the Governor's Office By Logan Scott Stafford

An arcicle in the last issue of The Arkansas Lawyer discussed three trial judges-Elisha Baxter, James H . Berry, and John Sebastian Little-who were elected governor. Berween 1913 and 1952 four of rhe twelve persons who served as the state's chief executive came from the trial bench .

George Washingcoll Hays grew up in Ouachita County and attended Washington and Lee Un iversity. He rerurnc.:cllu Camden and read law with a local firm before open­ing his own law practice. In 1906 Hays was appointed judge of the 13rh Judicial District (Calhoun, Columbia, Ouachi<a, and Union Counties), and he was reelected [0 a full six yea r [Cflll in 1910. His election as governor was nor without cOlHroversy. W hen United States Senator Jeff Davis died in January 1913, rhe General Assembly chose Joseph lariat Robinson, the state's newly e1ecred governor, to fill the vacant senate seat. The legislature then scheduled a special election to rep lace Robinson as governor. Hays and former United Stares Congressman Srephen Brundidge sought the Democratic gubt:rna­to rial nomination. The Democratic Central Committee declared Hays the winner by 8 16 votes, based largely on late returns from Phillips County. Brundidge filed suit in Pulaski Counry Chancery Coun to enjoin rhe secretary of state from certi fYing Hays as the Democratic nominee, and the chancellor granted tile injunction. O n appeal the Supreme Coun ru led that the chancery coun lacked jurisdiction to try an election comes£. Su Walls v. Bnmdidge, 109 Ark. 250, 160S.W.230( 191 3). Hays wenr on to

defeat his Republican opponem in the July 23, 1913, special election. After se rving the remainder of RuLim.uu's (erm and one fuJI term as governor, Hays returned to rhe prac· tice of law in Little Rock and Camden.

The chancello r who gramed the injunc­tion in Walls v. Bnmdidg~ was John E. Martineau. who in 1926 became the next trial court judge to be elected governor. Martineau grew up in Lonoke Counry and received his legal educat ion at the Universiry

30 ll1C Ark,msas l::J\\ycr WNW.arkbar.com

of Arkansas School of Law. He was admit· ted to the bar in 1899 and represented Pulask i Counry in rhe 1903 and 1905 Arkansas General Assemblies. In 1907, Martineau replaced Jesse C. Hart as chancel­lo r of the First C hancery District (Lonoke, Prairie, Pulaski, and White Coumies) after Hart was appointed to a vacam seat on the Supreme Coun. Martineau first sought the Democratic gubcrnarorial nomination in 1924, when he ran third in a field of six. Two years later he defeated the incumbent governor. Thomas J. Terral . in an extremely close primary election. As governor Marti neau is chiefly remembered as the archi tect of an ambitious. multimill ion dol­lar highway construction program. During Martineau's second year in office President Calvin Coolidge appointed him to the Uni ted States district court bench, and Martineau served as a federal judge until his death in 1937.

In 1932 another tria l cou rt judge was elected governor. Junius M. Futrell grew up in Greene: Couney and was admitted co the bar in 191 3. He held a number of po Ii rica I offices including state rep resentative from Greene Coun ty. circuit clerk of G reene Counry, and state senato r from the First Distri ct. He was appoimed judge of the 2nd Judicial C ircuit (Clay, C ross. G reene, C raighead. Miss issi ppi . Poinsett, and C rittenden Coumies) in 1921 and elected chancellor of the 12th Chancery District (Clay, G reene, Craighead, Mississippi, Poinsen, and Crinenden Counties) in 1924 and 1930. He was elected governor in 1932. at the height of the Depression. and reelect­ed in 1934. His legacy to the state included cwo constimtional amendmentS des igned to restrict public spend in g. The 19th Amendment requires that tax increases be approved either by the voters in a general election or by three-fourths of the General Assembly. The 20th Amendment requires vote r approval before the state's credi t can be pledged to pay bonds. Afrer leaving the gov­ernor's office, Futrell became the attorney

for a federally sponsored agriculrural project at Dyess in Miss iss ippi ounty.

T he final trial coun judge to be elected governor was Francis A. Cherry. C herry moved to Fayeneville in 1932 to arrend the Universiry of Arkansas School of Law. After rece iving his law degree in 1936, he initially practiced in Li ttl e Rock but soon moved to

Jonesboro. In 1942 he was elected judge of the 12th C hancery Districr (Clay. Greene. Craighead, Mississippi, Poinsett, and Crittenden Counties). In 1952 Cherry was one of several candidates who challenged incumbent Governor Sid McMath's attempt to win a third term. To overcome his lack of name recognition. C herry appeared on radio stations all over the state where he fielded questions cal led in by listeners. The tactic captured the attention of voters, and Cherry managed to force the incumbent into a runoff. which Cherry won hand ily. After a single term. C herry was defeated by Orval Faubus. Cherry thereafter held a minor fed­eral pos t until his death in 1963.

Bibliography: THE GOVERNORS OF ARKANSAS EsSAYS IN POLITICAL BIOGRAPHY. Second Edition. Edited by limothy P. Donovan , W ill iam B. Gatewood Jr .• and Jeannie M. W haley. U of A Press. Fayetteville, 1995.

Thh nrtir/e is provided by the Arkansas Supreme Court Historical Society, Illc. For more infonnatioll 011 tbe Society COII­

tact Rod Miller, Arkallsas Supreme Court Historical Society, Justice Buildillg, Suite 1500, 625 Marsball Street, Littk Rock, AR 72201; Email: rod.mt.ller@llrkallsas.gov; Pbolle: 501-682-6879.

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Vol. 42 No. 21Spring 2007 n,e Arkdnsas lawyer 33

ractice

Wild Instruments, Surveyors Gone Bad, Confused Courthouses and Strip Clubs: Four Reasons to Use Caution When Drafting Deeds

By J. Cliff McKinney

Unfortunately, tOO many lawyers cede the responsibility of drafting deeds to non­lawyers, such as secretaries, paralegals or tide agents, who use form deeds. Th is has cwo porenrially fata l fl aws: 1. the deeds are often wrong; and 2. this leads to lawyer compla­cency. Lawyers should nor rely on canned deeds prepared by non-lawyers. Instead, lawyers should draft deeds with extreme cau­tion. Following are four particularly impor­tant points to consider, all based on mistakes I've seen in non-lawyer prepared deeds:

Names Docs the deed li st the correct panics? This sounds elementary, yet is a frequent mistake. Consider these twO questions:

1. Docs the seller's name match the last record owner's name? Consider this sce­nario: "Chuck's Mearhouse, Inc. " takes title to a restaurant in 1995. In 1998, Chuck becomes a vegetarian and changes rhe busi­ness name ro "Chuck's Veggiehouse, Inc." C huck records the change with the Secretary of State but nor in the real estate records. In 2007. C huck sells his business. and the deed reads. "Chuck's Veggiehouse, Inc. to Sue's Fishhouse, Inc." H owever, the record owner of the property is Stm Chuck's M cathouse, Inc. This deed is a wild instrument failing to

adequately convey tirie and giving Sue no protec tion from third parries. 2. If the seUer is an individual (i.e., nor a cor­porate entity), will the seller's spouse sign the deed? Arkansas has dower and curtesy, meaning the spouse mUSt sign even iF not lisred on the tide. If the seller is unmarried, eliminate futu re questions by saying so in rhe deed.

Legal D escription Is the legal description correct? T here are two types of legal descriptions: 1) metes and bounds, and 2) platted. A metes and bou nds

34 TIle Arkansas la\\ycr VV'W'IN.arkoar.com

description defines properry boundaries through measurements and references to

fixed points. A platted description refer­ences a recorded survey that fully describes rhe properry boundaries {ex .• Lot 1. Block 2. Kingwood Subdivision}.

Both types of descriprions are vulne rab le to error. For planed descriptions, be absolucely certain to reference the correct lot and block. For metes and bounds, be sure the description actually "closes" (forms a complete box without gaps). Special com­puter sofcware can check metes and bounds desc ri pt ions. However. it doesn't hurt to

make the surveyor write a letter swearing on pain of dea th that the legal is correct.

Also, many surveyors like to include the following phrase at the end of the legal description: "Subject to all matters of record or fact." When included in the deed, this language creates ambiguity abour the war­ramies or [ide. Delete rhis language from the deed.

Place of Recording Before recording a deed, always ask. "Is this deed being recorded in the right place?" Again, sounds like a stupid question. but mistakes happen, especial ly for the ten coun­ties with TWO county sca ts. Th is dual county sea t system creates an unfo rtunate guessing game that must be carefully navi­gated to be certain rhe deed is filed in the right courthouse. The tell counties are: Arkansas. Carroll. Clay. Cra ighead. Franklin , Logan, Mississi ppi, Prairie, Seh~l.~tian and Yell.

Restrictive Covenants Back in co llege, I was with a group of friends at a restaurant when one friend became too affectionate with his girlfriend. Disgusted by the behavior, another friend exclaimed. "This is a family establishment, not a place to establish a family!" I think of this every

rime I prepare a deed because it reminds me [Q consider how the land will be used after the transaction is complete. If a new busi­ness is planned, will it be family-friend ly, or, well , nO[ so fami ly-fr iendly? AIe there other thi ngs rhe parties sho uld consider about the pro perry's future lise?

If the seller retains adjoining properry. he has a legitimate interest in the furure use of the land (and vice-versa for rhe buyer). For instance, if my diem sells land CO a restau­ram developer. that's all well and good until rhe restauram fails and becomes a strip club. Less dramatica lly, if my d iem owns an elec­cronics srore and sell s excess land to a restau­rant developer, what happens if the restau­rant closes and TechnoShack moves in ?

Don't forget, land can be resuicred ro comrol fuwre uses. Be sure [0 ask whether the deed should have use restrictions. If so, what types of restrictions would help your cl iem. and what restri ctions would the other side accept? Truch be rold, this issue shou ld be considered long before you are ready [0

prepare me deed. Regardless, it is importam [0 consider whether [0 include restrictive covenanrs.

Certa in ly, there are many more things [0

consider when preparing a deed than the issues noted in this article. The main point is that deeds are extremely important and not ro be treated flippamly. When a lawyer relies on a non-lawyer [0 draft the deed (and doesn't at least carefu lly review me result) . the lawyer abdicates his responsibility and exposes his client (and himself) [0 consider­able risk.

J. Cliff M cKilllley practices real estate law witll Quattlebaum, Grooms, Tull e!r Burrow PLLC ;', Little Rock. He is tile present Cllair",all of tile Association 's Real Estate Sectioll.

The Arkansas Bar Association is proud to recogni/c (\\10 ncw recipients of the LAWYER CoMM UNITY L H ;/\cY AWARD. Two awards arc pre~

sented bi-annually by thc Association to attorneys and judges who haVe." performed volunteer public <;t.:rv ir.:cs out of a sense of duty. profes­sionalism. Jnd a genuine desire to give back to rhe communiry. Re<.:ipienb were seiecrcd by rhe Publi\.: Information Commi ttee after con­sidering rhe nominations rcn~ived by the deadline.

D OUG N ORWOOD

A\ a staum:h protector of <':Ivil rights. Doug Norwood of Norwood

& Norwood I~A. in Rogers ;lnd Springdale has committed much

of his legal career to defending rhe righes of clients in ohcn diffi­

culr. unpopula r cases. l ie was nominJ(ed for rhis award "ror rhe

work he has done over rhe years in prorecting the citizens of

Benton County," according to his nominaror. Ht.." has lundlcd

many of (he cases pm bono or withom gre-dt expeu.uioll of receiv·

ing much of a fcc. Norwood currently serves as presidcnt of rhe

Arkansa"i Associarion of Criminal Defense Lawycrs (AACDL) and

is ;t life member of the National A~ciarion of Criminal Dt:fcnse

[,"ryers (NACDL). f ie reCClved me Champion of JU<tKC Award

from ,he AACDL in 200.,. Norwood has helped advance [he prac­

tice of criminal law rhrough several sigll ifk~lJ1[ cases in the

Arkallsas Supreme COLIn involving rights to jury trials. ~pccd)' tri­

als and closing arguments. He is married to C"Hhy Norwood who

runs the NOf\\lood & Norwood P.A. offices in Springdale. By pre­

senting the La\\}'cr Community Legacy Award ro Norwood, his

peers arc applauding rhe cfforts Norwood has madc in aiding rhe

adminisrrarion of justice.

RANDY PHllliOURS

Randy Philhoms lows his cOllllnuniry. and it "hows. H is dedication

and commlrmem to his commun ity or Paragould a.'i wel l as to Ihe

legal profession covers a broad spectrum of volunteer public servicl'S.

Philhours, of Branch. Thomp)ion. Ph i lhou~ and Warmath, ha."i been

auivciy involved in numerous econom ic developmem efforts, lilera­

cy projecrs, and pro bono It'gal st:rvin's ro local civic groups in hi.!,

community. Philhours servcs on the Board of Din:c(or.. for the

Economic Development Corporation of Greene C..oun~·, wherc he;:

h.ts twice served as chair. He;: ha. .. \ef\'cd a.'i chair of the Paragould

Rt"gion.u Chamber of Commt:fce, the Community Dt"\lclopmenr

Program, the Group Exchangc Program and the \X'orship

Commirree of the Firsr Un ircd Methodist Church. Philhours has

also served on the Communiry DC\lclopmem Three Commirrce and

on rhe Board of Directors of -BeGlllSe School Matters," He was

awarded rhe Arkansas Economic Dev.:ioper or rhe Year Award. As a

membt"r of [he Paragould Rotary Club he has d ist inguished himself

as a Paul Harris Fellow. A.5 an organiler and presidcnr of [he Greene

County CAurrholisc Prest:rv<1tion Socicry, Inc.. he helped raise

enough money to save rhe histori( courthouse [h.:I( was sla(ed ror

demolition. In the words of his nominator. Phi lhours' "excitement is

infecrious and his deep drive and commitmt"nt to his communiry is

wonhy or emularion."

Any persoll may tlomillate a lawy er 01' judge by completing the NOlllilllltiOIl Fonll and turuing the Form into the Arkansas Bar Association office 011 or before the nom;lIl1t;oll deadline. Nomination dendlines lire jllnuary 3 1st lind July 3 1st of ellch year. Nomimltion f0171lS IlIltl guidelines for tlJe IIwm·d are {wai/able at luwllJ,llrkbfll~Com or by contacting the Association.

Vol 42 No. 2, \pling 2007 Ihe Arbn,", w\\}er 3S

Law] Disciplinary Actions

Final fICtions ftrnn jmlllnry J, 2007, to March under the Court's Procedures, warranting

15,2007, by the OnmlliftJ!e 011 Professional disba rmcnr as the sanction.

Collduct. Stnll/llones p,<epared by the q[fo:e oj ProJessimuJ Collduct. Full text <WaD/lima m~ SUSPENS ION:

available Otl4ill£ aJ

hnp:llcourts.stnte.m:us!cVln-Wcpc./'hIlL {Note:

"Mockl" RItks rtfo> CO the RItks of ProfosS;QluJ Collduct lIS tlN!J existed ;n

AJiulllsas prWr CO May 1, 2fXJ5. 'JtrkmISdS"

RIdes '..firs CO tI,. RIdes lIS tlN!J exist ;11 AJluulSdS from May 1, 2005.]

DISBARMENT:

DARRELL F. BROWN, SR., Bar No.

72012, of Lircle Rock, Arkansas, was dis·

barred and his name removed from rhe reg­istry of attorneys licensed by the Stare of

Arkansas by Arkansas Supreme Court Per

Curiam Order issued March 8. 2007, in No. 05-592. The Per Curiam recites that, in rhe

disbarment proceeding, Special Judge John

Cole made a repon to the Court with his

findin gs of fact and a recommendation for

the sanction of disharmcnr. Mr. Brown did

no t file a brief chal lenging the report, which

was accepted by the Court and 3 final o rder

of disbarmem was granted. In part. Judge

Cole found numerous instances of "serious

misconduct" including ma((ers where Mr.

Brown converted or misappropriated funds

frol11 several cl ients. His acts have resulted in

several awards to date from the Supreme

Court C liem Securi ty Fund to those form er

clients.

SURRENDER OF LICENSE:

C HARLI E LEE RUDD, Bar No. 89087,

formerly of Hot Springs. Arkansas, had the

surrender of his Arkansas law license accept­

ed by rhe Arkansas Supreme Court in a Per

C uriam Order issued February 22, 2007, in

lieu of Mr. Rudd going forwa rd in disbar­

mem proceedings arising from Committee

Case No. crc 2006-153, based on Mr.

Rudd 's guilty plea on October 3 1, 2006, to

a C lass C felony cri minal comro lled-sub­

srance charge in Garland ounry Circuit

No. C R-2005·555-4. A fel ony conviction is

a basis for a vio larion of Rule 8.4(b) and is a

"serious crime" and "serious misconduct"

36 The Arkansas la'Ayer \oV'IIoIW.arkbar.com

LARRY C. DUNKLI , Bar No. 81051, of

Lirtle Rock, Arkansas, had his privilege to

practice law suspended for three (3) years by

the Opin ion of the Arkansas Supreme Coun

in No. 04·66 1 filed January 18,2007, in a

disbarment proceedi ng filed for the

Comminee on June 9, 2004, on a com­

plaint filed by First Magnus Financial

Corporation of Arizona, in Comminee Case

o. PC 2005- 140, for violation of Model

Rules 1.1 5(a), 3.4(c) and 8.4(c). In June

1999, Mr. DunkJin agreed to act as closing

agent for a real estate transaction fo r proper­

ty located in Tulsa, OkJahoma. The parries

to the loan were Mark Kimbrough and First

Magnus Financial Corporation. The mort­

gage and promissory note were signed on

June 17, 1999, and Dunklin info rmed Firsr

Magn us that the documents had been exe­

cured. First Magnus then funded the loan

by wi ring $80,001.51 to Dunklin's 10LTA

accounr. A deed transferring the Tulsa

property ro Mark Kimbrough was filed wirh

the Tulsa County Clerk on Seprember I ,

1999. The Kimbrough mortgage was nor

filcd with the C lerk unti l February 18,

2000. Dllfing the inte rvening period. twO

other mortgages and promissory notes were

filed with the C lerk involving the same

property. First Magnus discovered that their

mortgage and promissory nore had not been

timely filed and that it had lost p riority to

the other loans. Kimbrough defaulrcd on

the note. First Magnus fi led suir against

Dunklin in Pulaski County ircuit Court

for breach of fiduciary duties. Dunklin

failed to respond [Q the lawsuit and a defauJr

judgmenr was entered against him for

$96,727.09, plus cosrs, posr-judgmenr

inrcrest, and attorneys' fees. The Arkansas

Coun of Appeals affirmed rhe defaulr juu~­

mem in October 2002. Firs( Magnus

deposed Dunklin ro discover assets.

During the deposition, DunkJin was asked

whether he knew or had previously repre­

sented Kimbrough. DunkJin admitted that

he knew Kimbrough bur denied represcnt-

ing him. Dunklin did represent Kimbrough

in a 1992 criminal case. The openi ng bal­

ance for Dunklin's trust accounr on June I ,

1999, was ·$23.28. Following the receipr of

the 10;111 proceeds from First Magnus.

Dunklin wrOte checks from his truSt

account for "overhead," "cash," and for pay­

mcm on a personal car loan. The closing

balance for Du nkJ in's trust account on July

3 1, 1999, was -$168.54.

HORACE A. WALKER, Bar No. 82 169, of

Little Rock, Arkansas, had his privilege ro

practice law suspended for three (3) months

by Committee Findings & O rder filed

January 10, 2007, on a complainr fi led by

Gary Coulter of Mincral Spri ngs, Arkansas,

in Case No. C PC 2006- 10 I , for viol arion of

Model Rules 1.1 , 1. 2(a), 1.3, 1.4 (a), 1.4 (b),

and 8.4(d). Mr. Coulrer suffered a subsran­

tial back injury in a collision with a motor

home on September 26, 200 1, an evem in

which he was not ar faul r. By O ctober 200 I .

he had hi red Horace Walker to rep resenr

hi m, and on thar dare, Mr. Walker notified

State Farm Insurance of his representation.

Mr. Walker gathered medical records and

was in frequent correspondence with Stare

Farm inro mid-2003. In Augusr 2003, Srare

Farm wrote Mr. Walker witll a $20,000 set­

tlement offer. Thercafter, Mr. Walker fai led

to settle the claim or to timely fi le suit to

protecr his cl ient. Mr. Coul ter had difficu l­

ty contacting Mr. Walker after mid-2003

and obtaining information about his claim.

In Seprember 2005, Mr. Walker senr Mr.

Coulrer a copy of his file. O n Seprember 26,

2005, M r. Coulter filed a pro se Complain r

in Miller Coun ty C ircuir Court (No. C V-

2005·353-2) againsr State Farm and rhe

o ther drive r, trying to salvage his claim. He

failed , as the court granted a motion to dis­

miss his suit with prejudice in December

2005. Mr. Walker's failure ro act in a timely

and proper manner for his c1 iem COSt Mr.

Cuuller any chance of sctr\cmcnt o r recov­

ery for injuries which were serious enough

to cause his employer to recire him on dis­

ab ili ty in mid-2003.

WOODSON D. WALKER, Bar No.

76 135, of Lirrle Rock, Arkansas, had his

privilege [0 practice law suspended for three

(3) years on January 4, 2007, when [he

Arkansas Supreme Courr, in No. 06-6 19,

affirmed [he Committee Findings & O rder

fil ed December 16, 2005, after a public hearing conducted on December 9. 2005.

on a complaint filed by Reeshema Britt of

Litde Rock in Case No. C PC 2005-083, for violation of Model Rules 1.4(a), 1.4(b),

5.5(a), 8.4(c), and 8.4(d). Reeshema Britt of

Little Rock was injured in a maror vehicle

collision in February 2001 J in which the

ocher driver was at fa ult. She became Mr.

Walker's cl ient for this matter in August

2002. Mr. Walker's Arkansas law license was

suspended in another matte r effect ive April

2 1, 2003, for one year, and his license has

never been reinstated. By June 11 . 2003.

Mr. Walker had received a serdemenr offer

of $5,500, which was decl ined by Ms. Britt,

as shown by M f . Walker's lertcr ro her of

that date on the letterhead of La rry

Dunklin , his former parmer o r associate

attorney in the firm of Walker & DunkJin .

Ms. Brirr thereafter had substantial difficuJ­

ry obtaining information fro m Mr. \Valker

or M r. Dunklin about her marrero in April

2004, after the expiration of the statU(e of

limitation fo r her claim, she learned no law­

sui t had been filed in her claim. She con­

suhed with anorney Luther Sutter. She then

was able to meet with Mr. Walker on May

3, 2004. He [Old her he would try [0 get the

$5,500 offer reinstated and her medical bills

taken care of in some fas hion, with him to

receive a one-third fee of any recovery. She

decl ined and hired M r. Sutter to pursue

relief. In August 2004, Mr. Surrer filed suit

for legal malpractice against Mr. Dunklin

and Mr. Walker in the Brirr matter. On

April 14, 2005 , judgment for $75,000 was

awarded aga inst Mr. Dunklin and Mr.

Walker in favor of M s. Brin on her legal

malpractice cla im.

REPRIMAND:

BRUCE J. BENNETT, Bar No. 92140, of Bentonville. Arkansas, was reprimanded by

Committee Findings & Order fi led January

17,2007, on a complaint fil ed by Ms. Rosa

Elena Cortez of Rogers, Arkansas, in Case

L.l\ ... Ycr Disciplinary Actions

No. cpe 2006-09 1, for violat ion of Model

Rules 1.2(a), 1.3, and 8.4(d). Ms. Con.,.l,

who speaks very little English, hired Bennett

in November of 2004 to appeal an adve rse

decision of the Arkansas Workers'

Compensation Commiss ion. Her daughter,

Namaly, occasional ly accompan ied her to

vis its with Bennen and served as a transla­

tor. M s. Con ez obtained rhe fil e from her

previous attorney for Bennett's review.

When he received the fi le, Bennen realized

char mere was limired rime in which to file

the notice of appeal. Although he drafted rhe notice of appeal , Bennett placed it into

his Correz. office file, bue he did not file it.

Mistakenly believing tha[ he had filed [he

not ice of appeal, Bennett informed Namaly

tha[ he had fil ed [he appeal. It was later

determined that Bennen had nOt filed the

appeal.

ROBERT L. DEPPER,JR., Bar No. 81046,

of EI Dorado, Arkansas. was reprimanded

by Committee Consent Findings & Order

filed March 16,2007, on a Complaint filed

by Ruby Lee in Case No. 2006-110, for vio-

la[ions of Rules 1.1 , 1.8(h)( I), 1.8(h)(2) and

8.4(d). Mr. Depper was also fined $500 and

o rdered to pay restitution to Ms. Lee in the

amount of $8500 wim credit for most o f

that the amount he had already paid vo lun­

tarily to her. Ms. Lee hired Mr. Depper dur­

ingJanuary 2003 to pursue a civil matter on

her behalf in connecrion with a personal

injury maner. M s. Lee had been involved in

a ca r accident in Jan uary 2003. M r. Depper

acted diligently for the first year he had [he

matter. H owever, me complaint in rhe

cause of acrion was nor fil ed prior £0 the

running of the statute of limitation, which

caused Ms. Lee's claim to be barred. Mr.

Depper was not thorough enough in his rep­

resenta tion of Ms. Lee to either settle rhe

matter or file a lawsuit prior to [he expira­

tion of the stature of limitation. Upon

learning of the error, Mr. Depper contacted

Ms. Lee and negotiated with Ms. Lee for

payment of money which they believed she

would have netted fro m a se ttlement of her

personal injury claims. Ms. Lee accepted

the offer and was paid what she would have

netted in me settlement proceeds. However,

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Lavryer Disciplin:'lIy Actions

M r. Depper did not comply with Rule

1.8(b)( l ) and Rule 1.8(h)(2) of tbe Rules of

Profess ional Conduct, which require that

before setding a claim for personal liability

to a c1iem, a lawyer is (0 inform the c1iem in

writing of the right and advisabiliry of con­

sulting with independent counsel before set­

tling the claim. The Release which Mr.

Depper prepared releasing him from any lia­

bility with regard to the handling of M,.

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Lee's personal injury claim was signed by Ms. Lee when she was nor represented by

independent counsel.

WILLIAM GLEN HOGGARD, Bar No.

2000064, of North Little Rock, Arkansas,

was reprimanded by Committee Findings &

Order filed February 16, 2007, on a com·

plailH developed from information in the

appeal fi le in CA05·1056, Rex Black vs.

Arkansas Department of Human Services,

in Case No. C PC 2006·085 , fo r violation of

Arkansas Rules 1.2(a), 1.3, 3.4(c) and

8.4(d) . Mr. Black wished to pursue an

appeal of the lower couce's decision in Pope

County C ircui t Court, and Mr. Hoggard

entered his appearance in November 2005

specifically for thar purpose. After obtain ing

multiple ex tensions of time co fLie a brief on

Mr. Black's behalf, Mr. Hoggard did nor

tender a brief unci.! afte r the appeal had been

dismissed. Mr. Hoggard failed ro respond

co the Appellee's Second Motion co Dismiss,

which was gramed, ending the appeal.

JOHN E. JOPLIN , Bar No 86098, of Fort

Smith, Arkansas, was reprimanded by COlTImirree Findings & Order filed March

7. 2007, on a Complaint filed by William

M . Blacker of Fort Smith in Case No. C PC

2006·139, for viola tions of Model Rules

1.1. 1.3, 1.1 (3), 1.4(b), 3.3 (3)(1), 8.4(c),

and 8.4(d). Mr. Blacker was represented by

Mr. Joplin , the public defender, in a crimi­

nal marter. Mr. Joplin entered into a plea

agreemenc on behalf of Mr. Blacker. Mr.

Blacker was nor clear on (he terms of rhe

plea agreemenc and was noc presem when

the plea was acruaIly entered on his behalf.

Mr. joplin did not provide Mr. Blacker with

a copy of the plea agreement, and Mr.

Blacker did not know when to start making

restitution payments. Mr. jopl in acknowl­

edged that he did not send the judgment or

Amended judgment to Mr. Blacker. Mr.

Joplin asse rted that the plea agreement pres­

ent in the Judgment and Amended

Judgment was nO[ the actual agreemenr,

because Mr. Blacker was not required CO

make resti tution in the am ount of $30,000,

but on ly a much smaller amount. There was

no docu mentat ion to establish this and

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Lawyer Disciplinary Actions

therefore M f. Blacker would be subject [0

conrempt of cou rt if he failed to make resti­

tution in the amOlllH of $30,000. Mr.

Joplin was not thorough enough in his rep­

resentation of Mr. Blacker to he aware mat a

plea of "nolo contendere" which he entered

on behalf of Mr. Blacker is "required to be

received only from the defendant himself in

open court." Mr. Jopl in misrepresenred the

true facts to Judge Wilkinson when he

signed off on a Judgment and an Amended

Judgment which set out tha t his client, Mr.

Blacker, was required to pay a tmal of

$30,000 in restitution. The actual agree­

ment, according (0 Mr. j oplin, was for Mr.

Blacker [Q pay only $3,600 as res titution.

joplin also misrepresenred the truc facts to

his client, Mr. Blacker, when he allowed Mr.

Blacker to believe that he was emering into

a judgment in hjs criminal marrer which

would require Blacker ro pay $3.600 in

restirution and then be eligible [Q have his

record expunged.

MORRI S W. THOMPSON. Bar No.

80 145. of Li[tie Rock. Arkansas. was repri­

manded by me Opinion of [he Arkansas

Supreme Cou" in No. 06-1069. Morris W.

Thompson vs. Supreme Court Committee

on Professional Conduct, delivered March

8,2007) affirming the Committee Findjngs

& O rder filed March 7, 2007, on a com­

plaint fi led by Leon Gooden of jonesboro in

Case No. crc 2005-067. which assessed a

reprimand, a $4,000 fine, and $378 costs

agai nst Mr. Thompson for violation of

Model Rules 3. 1 and 4.4. The fum of [he

case were reported in The Arkansas Lawyer

in Vol. 4 1. No. 3 (ar page 38). Summer

2006.

On March 7. 2003. Thompson filed a

breach-of-contract lawsuit on behalf of a

commc[Qr aga inst Mr. Gooden, seeking a

money judgmem for work performed on

Gooden's properry locared ar 2 13 N. Allis in

Jonesboro. On May 30. 2003. Thompson

filed a lis pendens nmice on eleven of

Gooden's separate properties. Gooden

wanted to sell a property he owned at 216

N. Fisher but was unable [Q do so because of

the li s pendens notice. Gooden comacted

twO local attorneys about the situation. The

first anorney spoke to Thompson in

December 2003. T he second arrorney

wrore T hompson in January 2004. Bo[h

requested that Thompson promptly remove

the lis pendens as ro any properties except

the O IlC on wh ich the work was actual ly per­

formed. On February II . 2004. Thompson

filed a release on nine of the eleven proper­

ties listed in the lis pendens notice.

Arkansas law is wel l settled that a lis pendens

nmice callnm be filed in a civil action seek­

ing a money judgment. After being noti­

fied, T hompson rook ['\vo months before

making any attempt to correct his error.

CAUTION:

STEPHEN FISH ER. Bar No. 9 1073. of

Little Rock, Arkansas, was cautioned by

Committee Findings and Order filed March 9. 2007. on a complain< by Chris and

janetta Porrer of Litcle Rock, Arkansas, in

Case No. cr 2006-143. for violarion of

Arkansas Rules 1.1 . 1.3. 3.2. 3.4(c). and

5.5(a). M r. Fisher agreed to represenc Chris

and janctta Porter in a federal lawsuit, where

they alleged discrimination by their former

employer. Mr. Fisher met with the Porters

and accepted money for fees from them dur­

ing a time when his license to practice law

was suspended for fa ilure to pay his annual

license fee. M r. Fisher fai led ro act diligent­

ly and promptly in his representation of the

Poners. He did nm serve rhe defendant in a

prompt manner and sought ['\\10 extensions

of time in which to do so. During the

course of his represencation of the Porters,

Mr. Fisher did not timely respond co the dis­

covery served on him. He did nor respond

to the Motion for Summary Judgment fi led

by the opposing coullsel. H e was not thor­

ough enough in his representation of Chris

and j anetta Porter ro be certain that he sued

all appropriate defendants in the matter. In

addition , Mr. Fisher did not send the d.i s­

covery requests co his c1iems until twO weeks

after the discovery requests were served on

him by opposing counsel. Instead of expe­

diting the litigation for the Poners, he

requested extensions of time ro serve the

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L.l\\)'cr Disciplin:'lIy Actions

defendam, failed ro timely respond to dis­covery, and requested extensio ns of time in

order co respo nd (0 Motion fo r Summary

Judgment filed by the opposing counsel in

the marter but [hen fil ed no response.

Although Mr. Fisher had been a lawyer for

fourteen years in 2005. he failed to comply with Rule VlI of the Rules Governing Admissio n ro the Bar when he failed ro pay

his 2005 annual license fee by March I.

2005 and failed to pay his 2006 annual

license fee by March I, 2006. Pursuam [0

Section 22 of the Procedures of the Arkansas Supreme COLIn Regulating the Professional

Conduct o f Attorneys at Law, he was nor (0

be in an offi ce where [he practice of law is conducted during any period of suspensio n.

His law license was suspended fro m March

2. 2005 through June 10. 2005 . and from

March 2. 2006 through July 13. 2006.

Mixon, Bankruptcy Judge. in an October

2004 hearing. stared on the record in his

Court that Ms. Wise should seek a lawyer to

sue Ms. Fisk for malpractice because she

"gummed the case up. " He also found that

Ms. Wise had a valid defense to the Motion

for Relief from Stay. had Ms. Fisk appeared to present it. Judge Mixon sa id o n the

record that he was going to pursue an Order

to Show Cause on Ms. Fisk, but there is no

record that o ne was pursued. Ms. Fisk was

not tho rough enough in her representation

of Ms. Wise to determine that she was eligi­

ble fo r bankruptcy relief pursuant to

Chapter 13 of the Bankruptcy ode. which

would have benefitted her much mo re than

the Chapter 7 filed on her behalf. Ms. Fisk did not advise Ms. Wise; uf Lilt: Order grant­

ing the relief from stay related to her home

after the same was entered of record in

During bo th periods of license suspension , February 2004.

he was practic ing law in his o ffice.

PAMELA FISK. Bar No. 20011 79. of

Texarkana, Arkansas, was camio ned by

Committee Findings & O rder filed January

12. 2007. on a complaint filed by Sherry A.

Wise. in Case No. CPC 2006- 138. for vio­

lation of Model Rules 1.1 . 1.3. 1.4(a). and 8.4(d). In April 2003. Ms. Wise hired Ms.

Fisk ro represent her in a bankruptcy pro­

ceeding. At the time, Ms. \'V'ise was

involved in a c ivil lawsuit concerning her

ho me and damages ro it caused by defective

roofing materials. She needed ro save her

ho me from foreclosure while the lawsuit was

pending. Ms. Fisk advised Ms. Wise that

she was not eligible for Chapter 13 relief and

had to file pursuant to Chapter 7 of the

bankruptcy code. Ms. Wise ended up losing

her home after Ms. Fisk did no t appear at a

hearing on the Mo tion for Relief from Stay

by the mortgage company. The Committee

fo und that Ms. Fisk did no t noti fy Ms. Wise

of the Order, no r did she send Ms. \Vise a

copy of the O rder granting relief from stay

when the same was entered five days after

the hearing at which Ms. Fisk failed to

LAWRENCE C. HONEYC UTT. Bar No.

78074. of Hot Springs. Arkansas. was cau­tioned by Committee Findings & Otder

filed February 12. 2007. on a self-referral

arising out of his representation of Nickie

Murray of Hot Springs in 2000-2004. in Case No. CPC 2005-1 58. for violation of

Model Rules 1.3. 1.4(a) and 3.4(c). Mr.

Ho neycutt was employed by Vickie Murray

to represent Nickie Murray, a minor, in rela­

tio n to injuries sustained when a vehicle

struck a corner of the Murray's home caus­

ing Nickie ro fall and suffer injuries. Mr.

Ho neycutt filed suit in Garland County

Circuit Court o n Ms. Murray's behalf o n

March 24. 2000. The Garland County C ircuit Court issued a pre-trial order requir­

ing each parry to file a pre-trial brief. Mr.

Honeycutt admitted that the o rder was

entered. Mr. Honeycutt did no t fil e a

response to the pre-uial order. On June I,

200 I, the court's case coo rdinator sent a let­

ter to Mr. Ho neycutt advising him that no

respo nse ro the pre-trial o rder had been

received and that, if no response were

received by June 29. 200 I. the Complaint appear. Ms. Wise lost her ho me and aJso would be dismissed for fa ilure to comply

lost a dlance at a substantial amo unt o f

damages which she could have been seeking

in her c ivil litigation . Ho norable Jam es

with rhe court'S pre-erial o rder. Mr.

Ho neycutt did not file a response to the let­

ter from the case coordinaror. O n August 2,

200 I, an order was entered dismiss ing Ms.

Murray's lawsuit without prejudice for fa il ­

ure to comply with the pre-trial o rder. In

November 2004, Mr. Honeycutt informed

his c1iem the case had been dismissed . He

advised her thar it was his reasonable belief

that the lawsuir had little, if any, "value"

based upon the circumstances o f the aJleged

liability and [he eventuaJ inso lvency o f the

tOrtfeaso r. After discussing the matter with

the Murrays and a friend o f theirs, Mr.

Honeycutt prepared a $4,000 pro missory

note fro m him (0 the Murrays, with a pay­

ment of $550.00 to be paid immediately

and the balance to be paid in full by June I. 2005. He only made three paymentS. Ms.

Murray filed suit against Mr. Ho neycutt in

August 2005. Mr. Honeycutt self-reported

the matter to the Commirree on

Professio nal Conduct and a formaJ com­

plaint was filed. Ms. Murray and Mr.

Honeycutt settled the maner o ut-of-court.

N. DONALD JENKINS. JR .• Bar No.

94231 . of Alma. Arkansas. was cautioned by Committee Findings & Order fil ed

February 28. 2007. on a complaint by

Jeffrey and Lori Sexton of Jonesboro,

Arkansas. in Case No. CPC 2006-074. for violation of Arkansas Rule I.4 (a)(4). Jeffrey

and Lori Sexto n hired Mr. Jenkins to seek

immediate removal of a tax lien garnishment

from Lori's paycheck. Mr. and Mrs. Sexton

met with N . Donald Jenkins. Sr., the attor­

ney's father, in an office in Jonesbo ro. Mr.

Jenlcins Sr. requested a $900 fee which he

apparently agreed to allow to be paid out

over time because of rhe Sexton's financial

situation. Mr. Jenkins Jr. did not take

action o n behalf o f the Complainants. Since

Mr. and Mrs. Sexton hired the Jenlcins Law Firm to assist them with the tax lien gar­

nishment in May 2005. Mr. Jenkins Jr. fa iled to keep them informed of the effo rts,

if any. he had undertaken on their behalf.

He aJso fa iled to rerum me messages from

the Sextons seeking information about the

legaJ matter entrusted to him.

JACK R. KEARN EY. Bar No. 77 194. of Little Rock, Ark.1.nsas, was cautioned by

Committee Findings & Order filed

Vol. 42 No. 2/Spring 2007 n,e Arkansas lawyer 41

Lawyer Disciplin:'IIY Actions

February 27, 2007, on a rer Curiam Order

referra] from the Arkansas Supreme Court

in [he appeaJ of Leon Harden v. State, No.

C R06-966, in Case No. c r 2006-131, for violation of Arkansas Rul~ 1.1 , 1.3, and

42 n,e Arbnsas Lawyer www.arkbar.com

8.4(d). Mr. Kearney represented Leon

Harden, Ill , at trial. Following the convic­

tion, Mr. Kearney filed the Notice of

Appeal, and sought to be relieved by the trial court. The triaJ judge denied the motion,

holding that he had no jurisdiction [0 grant the request because the Notice of Appeal

had already been filed. Concerned about the

appeal being pursued, the trial judge filed a parcial record fo r Mr. Harden in order fo r

the Appellate Court to hear Harden's

Motion [ 0 Be Appoimed a New

Attorney. After rece iving the record, rhe

Clerk's office put Mr. Kearney on notice

that he had to fll e a Motion for Rule on rhe Clerk because of an uncimely Order

extending rhe time for filing rhe record on appeal. Mr. Kearney fil ed the

Motion but did not address the Order.

stating that the Motion for Extension of

Time was timel y. The Arkansas

Supreme Court granted the Motion for

Rule on the Clerk and referred the mat­

ter to the Comminee.

WALTER CIWG LAMBERT, Bar o.

87 100, of Little Rock, Arkansas, was

cautioned by Comminee Consent

Findings & Order filed January 17,

2007. on a complaint based on informa­

tion developed from the court file in No.

C R04-6 15, German Marroqui vs. State

of Arkansas, in Case o. C PC 2006-

160, for violation of Model Rule 1.3. Mr. Lambert represented German

Marroquin on appeal from a denial of a

Rule 37 Peti tion by the Benton County

C ircuit Court . A timely Norice of

Appeal was filed. Pu rsuant to Rule 5 of

the Rules of Appellate Procedure-Civil ,

the record shall be filed with the clerk of the Arkansas Supreme Court within

ninety days of the filing of the first

notice of appeal. As the Notice of

Appeal was filed on February 13, 2004,

the record was due ro be filed on May

13, 2004. T he record was nor tendered

until May 21, 2004. On May 27,2004,

Mr. Lambert fil ed a Motion for Rule on the Clerk. T he Supreme; Coun granted

the Motion for Rule on the Clerk and

referred the maner to (he Committee.

D EN NI S R. MOLOC K, Bar No. 792 11 , of Stuttgart, Arkansas, was cau-

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filed january 3 1, 2007, on a Per Curiam

Order referral from the Arkansas Supreme

Court in the appeal of Steve Hill v. State,

No. C R·06·686, in Ca.c Nu. CPC 2006·

I I 16, for violation of Arkansas Rules 1. 1,

1.3, and 8.4(d). Mr. Molock filed a timely

Notice of Appeal for his cl ient to both the

origi nal Judgmem and COl11l11iunenr Order

and to rhe Amended Judgment and

Commitment Order. Thereafter, Mr.

Molock fiJ ed a Motion for Extension of

Time to File the Record on Appeal. The

Motion was filed within ninety (90) days of

the second Notke of Appeal bur not the first

as it should have been. As a result the Order

granting the Motion was also untimely. The

lerk would nOt fil e the reco rd on appeal,

only tendered it. Mr. Molock then filed a

Motion for Rule on the C lerk, accepting

responsibility for the late filing. The Per

C uriam granted the Mocion for Rule on the

C lerk and referred him to the Commitree.

EUGENE C. SAYRE, Bar No. 75 111 , of

Little Rock, Arkansas. was cautioned by Committee Consent Findings & Order filed

March 16, 2007, on a complaint filed by

Richard Brown in Case No. C PC 2006· 154,

fo r violation of Model Rules 1.3, 1.4(a), and

8.4(d) . Mr. Brown hired Mr. Sayre during

March 2003 to rcprcscnr him in a lawsuit

aga inst a private individual and the Arkansas

Highway Transporration Department

(AHTD), related to a portion of State

Highway which had been abandoned and

then des troyed by the private individual.

T he AHTD was nOt claiming any responsi­

bili ty to the road. Mr. Brown had no access

ro his property and wanted the Highway

Department to rebuild me road. Mr. Sayre

filed a lawsu.it on Mr. Brown's behalf. T he

Defendants fil ed a Motion ro Dismiss. Mr.

Sayre did not respond ro the Motion. An Order dismiss ing the AHTD. its Director

and its Commissioners was entered in

October 2004. Mr. Sayre did no, notifY Mr.

Brown of the dismissal. Mr. Brown learned

of the dism issal from another atto rney. In

his consent to discipline proposal. Mr. Sayre

admitted that he vio lated Rules 1.3, 1.4(a)

and 8.4(d) of the Model Rules of

44 111C Arkansas la"'Ycr www.arkbar.com

Profess ional Conduct as set forth in the dis­

ciplinary complaint. Mr. Sayre explained

that over the course of the time period from

2000 through 2005, he and Mr. Brown

devc:.lopcd not only a profess ional artorney­

client relationship but also a personal friend­

ship. Mr. Sayre had many orner events

which took place in his professional and per­

sonal li fe in September and OctOber of

2003, the months which fo llowed the filing

of the Motions to Dismiss. He was involved

in very contentious li tigation in Pulaski

County. Then in October 2003, Mr. Sayre

had ro have four-way bypass surgery and was

unable ro return to normal working hours

for approximately mree months thereafter.

By the time he returned to his regular prac­

tice, the time within which to respond time­

ly to rhe Motion to Dismiss had long since

passed. Mr. Sayre candidly admi ts that he

d id not ask for an opportunity to file a belat·

ed response. Mr. Sayre also explained that

during 2004 and 2005, he was generally in

contact with Mr. Brown .

JOHN SKYlAR TAPp, Bar No. 76 123, of

Hot Springs. Arkansas. was cautioned and

fin ed $2,000 by Committee Findings &

Order filed March 7, 2007, on a Per Curiam

O rder referral by the Arkansas Supreme

Court in the appellate case of State of

Arkansas v. Alan D. Wi lJiams, No. C R-03-

252, in Case No. C PC 2006·102, for viola·

tion of Model Rules 1.3 and 8.4(d). The

sanction was enhanced by the Panel's con­

sideration of Mr. Tapp's prior disciplinary

record. Mr. Tapp represenred Alan Will iams

from October 28, 2004, until May II ,

2005. Williams entered a conditional plea of

guilty. on a vehicle search issue. in Miller

County C ircuit Court, pursuant to Rule

24.3 of the Arkansas Rules of C riminal

Procedure. After a hearing on November I ,

2004 . the trial court den ied the Motion to

Suppress. The order denying the motion

was signed on November I . 2004, but not

filed of record with the Miller County

C ircuit C lerk until November 29, 2004.

Mr. Tapp filed a notice of appeal from the

Order on Condi tional Plea on December 2,

2004. The actual judgment in the case was

not entered until December 17,2004 . Mr.

Tapp did not file a notice of appeal from

thar judgment. Mr. Tapp stated that he was

employed by Mr. Wi lliams in O ctober

2004. and was never paid. Mr. Tapp stated

that following the hearing on the Motion to

Suppress, he repeatedly eal led Mr. Williams

asking whether Mr. Williams wanted him to

represent him in an appeal and whether Mr.

Wi ll iams was going to pay as he had agreed

to do. Mr. Tapp stated that he went ahead

and fi led a Notice of Appeal from the Order

of Conditional Plea on December 2, 2004,

despite not receiving payment. As he did

not teceive a response from Mr. Williams.

Mr. l app filed a Motion to Be Relieved as

Counsel with the Arkansas Court of

Appeals. O n May II , 2005, the Court of

Appeals granted Mr. Tapp's motion. Mr.

Tapp sta ted that he believed he had no fur·

ther obligations on this legal matter. Mr.

Williams filed a pro se Motion for Belated

Appeal. In irs Per Curiam Order of june IS,

2006, the Arkansas Supreme Court stated

[hat prior case law made it dear thar an

appeal must be taken from the judgment

and not from an order denying a motion to

suppress. As no notice of appeal was entered

following the judgment entered on

December 17,2004, there was good reason

for granting Mr. Williams' Motion for

Belated Appeal.

ERNEST WAYNE W ITT, Bar No. 76 142,

of Ozatk, Arkansas. was cautioned by

Committee Consent Findings & Order fil ed

january 8, 2007, on a complaint filed by

William L. "Bud" Snow in Case No. C PC

2006· 142, for violation of Arkansas Rule

1.1. Mr. Snow employed Mr. Witt to repre­

sent him in Logan County District Court in

a civil matter against Joel Bankster. After

me lawsuit was filed in District Court, there

was an altercation between Mr. Bankster

and Mr. Snow in December 1999 in which

Mr. Snow fell and hit his head on a rock. A

hearing was held in the first legal maller.

The court found in Mr. Snow's favor and

against Mr. Bankster in the amoum of

$500.00, CostS of $40.95, and attorney fecs

of $50.00. The judgment was filed on july

3, 2000, and Mr. Bankster thereafter filed a

Notice of Appeal to the Logan County

Circuit Court. Mr. Witt then filed 3n

Amended Complaim in the appeal before

the Logan Counry C ircuit Cou rt, addi ng a

second count of civi l battery for [he inju ri es

that occurred on December 2, 1999. T his

Count II was nor part of the case in district

court. Mr. Banksrcr and his attorney fi led a

MO(ion to Dismiss or Strike Count II , stat­

ing [he circui t court did nO[ have subject

mancr jurisdiction as ro the battery ccum as

it had not been heard in district courr. Mr.

Witt fi led a response and scared that the

appeal from District COlin ro Circuit Court

creared a de novo trial and the pleadings

could be amended by ei ther parry at that

rime. Mr. Banksrcr fil ed a Motion for

Summary Judgment reassening char the cir­

cuit court lacked subject ma[[er jurisdiction.

Mr. W itt responded to the Motion fo r

Summary JudgmelH with the same argu­

menu. The circuit court dismissed Count II

of the Amended Complaint for lack of sub­

ject matter jurisdiction. The matter was

remanded to district court. Despite assur­

ances to Mr. Snow that his matter would be

re-fil ed in district court, the matter was not

re-filed and the stature of lim itat ions on the

batte ry expired . •

Lav\).cr DiSCipli/lal)' A ctions

Endnotes continued from page 2B

4. See Ark. Sup. Ct. R. 6-9(a)(I); Ark. R. App. P.-Civ. 2(c)(3). 5. Ark. Su p. Cr. R. 6-9(3)( I )(D). 6. Ark. Sup. Cr. R. 6-9(a)(2). 7. Ark. Sup. r. R. 6-9(c)(2) . The forms can be found at the Supreme COlirt'S webs ite: h np:! /www.collfts.s tate.ar.us. B. Ark. Sup. C r. R. 6-9(b)(2)(D). 9. Ark. Sup. Cr. R. 6-9(c)( I). 10. See Ark. Code Ann. § 9-27-341 (3)(4)(B) ( upp. 2005). II. See Ark. Sup. Cr. R. 6-9(b)(2); Ark. R. App. P.-Civ. 4(3). Nso nore rhar rhe rime for filing a cross-appeal is reduced from ten days ro five days fro m receipt of the notice of appeal. See Ark. Sup. Cr. R. 6-9(b)(2)(E); Ark. R. App. P.-Civ. 4(a). 12. Ark. Sup. C r. R. 6-9(c)(4), (d). This is less than the ninety days provided for most appeals under the rules. See Ark. R. App. P.-Civ. 5(a).

13. Ark. Sup. C r. R. 6-9(e). 14. Ark. Sup. C r. R. 6-9(f). 15. Ark. Sup. Cr. R. 4-4. 16. Ark. Sup. C r. R. 6-9(e), (f). Briefs in other cases ate limi ted to twenty-five pages un less permiss ion to exceed that limit is ob£ained by rhe appeJlate court. Ark. Sup. Cr. R. 4- 1 (b). 17. Ark. Sup. C r. R. 6-9(g). l B. Ark. Sup. Cr. R. 6-9(i). 19. Ark. Sup. Cr. R. 2-3(a), 2-4(3), 6-9(i)(2) . 20. Ark. Sup. C t. R. 6- 10(3). 2 1. Ark. Sup. C r. R. 6-1 O(c). 22.359 Ark. 13 1, 194 S.W.3d 739 (2004) .•

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Vol. 42 No. 21Spring 2007 The Arkansas Lawyer 47

In Memoriam

Marshall Norfleet Carlisle

Marshall No rAeer Carlisle of Fayerreville Jicu December to, 2006, at til t:: age of 79. He graduated from the University of Arkansas at Fayetteville and earned his juris docrorate degree from the Universiry of Arkansas School of Law in 1951. He clerked fo r Arkansas Supreme Court Judge Paul Ward and then practiced law in Hoc Springs and Lirde Rock before moving [Q

Faycn cvi ll c. He joined the law firm of Murphy and Burch, which later became Murphy and Carlisle. His 55m year of prac­tice was celebrated las t September, and he was honored as rhe oldest practicing arror­ney in Washington Coun ry. He was a mem ­ber of [he Arkansas and Washington Coun ry Bar Associations. Washingron Coun ty Circuir Judge W illiam Srorey said of Carlisle in an arricJe in the Fayetteville Morning News, "MarshaJl was a fin e lawyer. He was a gcncleman in all respects." He is survived by his wife, Joy Bizzell arlisle; a sister, Manha Esme Woody; three daugluers, Kim RadifF, Sandy AMern and Leslie Benson; two step­sons, Erhan Friar and Erik Friar; 10 grand­child ren; and three grear-grandchild ren.

William I. Prewett

W illiam I. Prewerr of EI Dorado died January 3 , 2007, ar [he age of79. He earned his juris doctO rate degree fro m the Un iversity of Arkansas School of Law in 1952. He began his career in EI Dorado in pri vate pracrice until 1957 when he was elected as 13th District Prosecut ing Anorney, a position he held until 1963. He then jo ined Walter Brown and Roben Compron ro form the law firm of Brown,

48 TIle Arkansas L~.I\\'ycr www.arkbar.com

Compron & Prewett (what is now ompron, Prewerr , Thomas & Hickey)

where he worked until his retiremenc in 2003. He st!rvt!d as gcllt:ral counsel [Q the Na tional Bank of Commerce. He was a longtime member of the Arkansas Bar Association, where he se rved on severa] COI11 -

minces and sections, includi ng serving as chair of the Young Lawyers Section in 1959. He was a fellow of the Arkansas Bar Foundario n. He was a member of the American and Union C ounry Bar Associations and a fellow of the American TriaJ Lawyers Association. He was an arbi­rrator fo r the Federal Mediation and Conciliation Service from 1962 to 197 1. He was a member of the Arkansas Board of Law Examiners fro l11 1980 to 1986 and was appoi m ed to rhe Arkansas O il & Gas Commission from 1985 to 199 1. In addi­tion to his impressive legal career, Prewen was known for his role in heaJth care in somh Arkansas, serving on numerous health care boards. He is survived by his wife of 54 years, Evon I'rcwerr; tWO sons, Philip and Tab; three grandchildren and two step­gralldd lildren.

Judge Terry Lee Short-Crabtree

Judge Terry Lee Shorr-Crab"ee of Bentonvi lle died January 6, 2007, at the age of 55. He earned his undergradua te degree from the Un iversity of Arkansas at Fayetteville, and his juris doctorate degree fro m the Unive rsity of Arkansas School of L1W. He would have stan ed his second term as an e1ecred judge on the Arkansas Court of Appeals. He died one day shorr of me 10,h annive rsary of his first swea ring- in ceremony as an Appeals Coun Judge on January 7.

1997. Before raki ng his sear on rhe Appeals Court, C rabtree was a ci rcuit-chancery judge in Benton Coun ty fo r six years. Prio r to that, he had served as a public defender and city attorney, and maintained a priva te law prac­tice. He was decorated for his service in the Vietnam War and wounded while serving as a Los Angeles po lice officer. He was a mem­ber of rhe Arkansas Bar Association and a fel low of the Arkansas Bar Foundation. He had recently chan ged his last name to honor his late grandfa ther, James Paul Shon . In an anicle in the Arkansas Democrar Gazette, atto rney Sean Keith said Judge Crabrree was committed to the bench and "he had the perspective of a po lice officer and a public defender. He had a real balance that most judges don't have." Atto rney Robin G reen said of Judge C rabt ree in a.n article in the Bemon County Daily Record, "He was a model judge. W hile practicing in his court , I knew that the law and fai rness would dictate his decisions." He is survived by his mother; his wife of 25 years, Diane C rouse C rabtree; a daughte r, Michelle Hacker; (wo sons, Jarred and Ben C rabtree; and four grand­children.

Nancy Hall Bailey

Nancy Hall Bailey of Lirrle Rock died January 9,2007, ar rhe age of 77. She grad­uared from the University of Arkansas in Fayetteville in 1952 with a Bachelor of Arts degree. Accord ing to an obituary in the Arkamll1 Democrat Gazette. her proudest educmional achievement was the completion of a law degree and the attainment of her law license at the age of 60. She also proudly comillued the "C ri p Hall Awa rd" at Fayettevi lle, which was originated by her

fuher. CC. "Crip" Hall. in 1950. She was a lo ngtime member of the Arkansas Bar Association where she served on numerous committees and was a fellow of rhe Arkansas Bar Foundation. She was awarded with the President ial Award in 1994 for her dedica­tion and service ro the Association. She was a member of rhe American and Pulaski Counry Bar Associa tions and (he Dow!lcown Litde Rock Kiwanis C lub. She had a multi­faceted career, includ ing work as a speech therapist. televis ion announcer and weamer girl. speech and drama teacher and debate coach ar Hall High School. and Bank Marketing Officer and Assistant Vice­President in rhe Trust Deparrment of Union National Bank. She is survived by her hus­band of 54 years. R. Roben Bailey; daughrer Dr. Anne H aJJ Bailey; and son Ric Bailey.

Judge Elsijane Trimble Roy

Judge Elsijane Trimble Roy of Lirrle Rock died January 23. 2007. ar the age of 90. Judge Roy helped lead rhe way for women in the legal profession in Arkansas. After grad­uating from the University of Arkansas School of Law in 1939, where she was the only female in her graduating class, Judge Roy began her career in her family's law firm in Lonoke. In 1966, she was appointed Arkansas's first woman circuit judge. In 1975, she was appoinred Arkansas' first woman Supreme Court Justice, and in 1977 she was appoimed Arkansas' first woman

Federal Judge and the first woman appoi nr­ed to the 8th C ircuir. She followed in the footsteps of her father, rhe late Thomas C. Trimble, who was a federal judge for more rhan 20 years, and evenrually she presided over her f.."tcher's courtroom. She retired in

1999 afrer 21 years on rhe federal bench. She was a longtime member of the Arkansas Bar Association and was a fellow of the Arkansas Bar Foundation. She received the Gayle Penus Ponn Award in 1987. In an article in rhe Arkansas Dnnocrnt Gazette, anorney C harles Harrison, Roy's former law clerk, said of Judge Roy, "It was a profession heav­ily dominated by men. She never let that impede her career." Her brother, Walls Trimble, said of his sister, "One of her pri­mary attributes that cont ributed ro her suc­cess was her genuine interest in people. n

According to this same arricle, Judge Roy was chosen as the Arkansas Democrat Gaulle's Woman of the Year Award in 1976 and received a plaque in her honor that she was very proud of that said, "As a law, clerk, lawyer and trial judge, Elisjane Trimble Roy established a reputation for imegrity, intelli­gence and independence. As the first woman on the Arkansas Supreme Courr, she has become a symbol of pride and inspiration for all women ."

Judge Jim Harber Boyd

JudgeJil11 Harber Boyd. r .• ofSpringdale died February 8. 2007. ar [he age of 64. He graduated from [he University of Mississippi in 1965 and earned his juris doctorate degree from [he Unive rsity of Arkansas School of Law in 1973. He was in general practice for 17 years and served as the Fayenevi11e City ProsecU(or. He became gene raJ counsel for Continental Ozark Inc., wh ich later became TransMonraigne I nCo He returned to general practice in 2000 and he and his wife starred Boyd L1W Firm, PA. He worked as general counsel for Streicher Mobile Fueling, Inc. in Fort Lauderdale, FL, until his dea th. He was a longtime member of the Arkansas Bar Associat ion where he served on numerous comminees and sections. He was a member of the Washington County Bar Association and Arkansas Trial Lawyers Association. He served as judge for [he Ciry of Johnson and as district judge in West Fork and Prairie Grove. He was appoimed (Q se rve on cases in the Arkansas Court of Appeals and Arkansas

Supreme Court, including an appointment as the Ch ief Justice of the Arkansas Supreme Court in 2004. He is survived by his wife of 46 yea rs, Dianne Carpenter Boyd ; son Jim H. Boyd. Jr.; daughrer. LeeAnne Boyd Williams; and four grandchi ldren.

In MClllori~1ll

Edward Wilson "E.W." Brockman, Jr. Edward Wi lson "E,W." Brockman , Jr., of

Pine Bluff died March 3. 2007. ar the age of 85. He attended Washington and Lee University and graduated from the Universiry of Arkansas at Faycrccvi ll e. He earned his J .D. from the University of Arkansas School of Law. He served in the U.S. Army during World War II. Brockman served as a member of rhe Arkansas General Assembly from 1950 rhrough 1956. Following his legislative service, he became a parmer in the Brockman law firm in Pine Bluff. which his fu[her starred in 1905. He served from 1957 rhrough 1965 as prosecu­tOr for the lith Judicial District. He was a senior partner in the law firm of Brockman.

orton, and Taylor before serving of counsel when he retired in J 999. He was a longtime member of the Arkansas Bar Association and a sustaining fellow of the Arkansas Bar Foundation. He was a member of the American and Jefferson County Bar Associations. He was an accomplished musi­cian-si ngi ng in the church choir, and play­ing the Aute and saxophone. He is survived by his wife. Elizaberh Dearing Wesrbrook Brockman; son, Howell Dearing Westbrook; twO daughters, Betsy \Vestbrook Burrow and Ann Westbrook Raines; four grandchildren and two great-grandchildren.

Fred Embry Picken

Fred Embry Picker< of Texarkana died February 7. 2007. ar [he age of 78. He received his undergraduate degree from the University of Arkansas MOIHicello. his Masters Degree from the University of Arkansas ar Fayetteville. and his juris doctor­ate degree from the Univers ity of Arkansas School of Law. He was a vete ran of the U.S. Navy. He began a private law practice fol­lowing law school, during which rime he served as prosecuting attorney for the Nimh Judicial C ircuit. In 1976, Picken was appointed as Administrative Law Judge by the Social Securiry Administration Bureau of Hearings and Appeals. He is survived by his wife of 56 years, Lela Barrett Picken; four

sons, David, Mark, John. and Joe Pickett; and 12 grandch ildren. _

Vol. 42 No. 21Spring 2007 n,e Arkansas Lawyer 49

The Arkansas Bar Foumlntion aclmowledges with gratefuL appreciation the receipt of the foUowi"g memorinl, honorarium and

schoi4rsbip contributions receivea Juring tlJe period ]fl11Ua_ry I, 2007, through March 15. 2007.

IN MEMORY OF NANCY BAILEY

Judith Ryan Gray Dennis and Jane Shackleford Fred Ursery

IN MEMORY OF SANDRA WILSON CHERRY

Sharon F. Die

IN MEMORY OF ROBERT COMPTON

Griffin, Rainwater & Draper, P.L.e.

IN MEMORY OF JUDGE PAUL JACKSON

Everett Edsil Harber

IN MEMORY OF PATTI ANN MOORE

Judge James Mixon

IN MEMORY OF WILLIAM PREWETT

Griffin , Rainwater & Draper, P.L.C.

Norwood Phillips Dennis and Jane Shackleford Judge John and Marietta Stroud Fred Ursery

IN MEMORY OF JUDGE ELSIJANE TRJMBLE ROY

Barbara Amsler

Judge James Mixon B. Jeffrey Pence Richard D. Taylor

Fred Ursery

IN MEMORY OF GENEVA "JEANY" SHACKLEFORD

Dennis and Jane Shackleford

IN MEMORY OF DR. ROBERT R. WRIGHT, [[[

T homas and Melissa McCain Sheffield Nelson

50 n,C Arkansas La'rycr www.arkbar.com

SCHOLARSIDP CONTRIBUfIONS

VINC ENT W. FOSTER, JR. SCHOLARSHIP FUND

John K. Baker

M. JEFF STARLING, JR. SCHOLARSHIP FUND

Jefferson and Summer Starling

WILSON & ASSOCIATES ET HICS SCHOLARSHIP FUND Robert M. Wilson, Jr.

MEMORIAL GIFTS

Please remember (he Arkansas Bar Foundation when you

choose to make a memorial gift honoring a family member, a

colleague or a friend of the profession. Acknowledgmems are

sem by me Foundation to the fam ily advising them of the

comriburion. The Arkansas Bar Foundation also receives and

acknowledges gifts honoring individuals for a special event in

their lives.

Gifts to the Foundation are deductible for federal income

tax purposes and support the Foundation's work in making

scholarship funds available fo r law studems, aiding in educa­

tion of the public about lega] matters, supporting projects that

assist in improving and facilitat ing the administration of jus­

tice and fu nding other law-related charitable efforts.

Contributions may be sem directly to the Arkansas Bar

Foundation. The staff appreciates having the name of the

family member to whom acknowledgments should be scm.

Please feel free [0 call the Arkansas Bar Foundation at

(501) 375-4606 or (800) 609-5668 for further inform.tion.

Arkansas Bar Foundatioll

2224 Conondale Lane

Little Rock, Arkansas 72202

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One West Mountain Suite 208 Fayetteville, AR 72701 Ph: 479-443-4500

RON GOODMAN Managing Partner

Certified Mediator I Attorney

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900 S. Shackleford Road Suite 300 Little Rock, AR 72211 Ph: 501 -225-4343

ONLINE SCHEDULING AT www.themedlationgroupllc.com

52 TIle Arkansas lmrycr www.arkbar.com

924 Van Runkle Suite 5 Conway, AR 72032 Ph: 501-327-7333

LIABILITY

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CNA is a service mark and trade name reg istered with the U.S. Patent and Trademark Office. The program referenced herein is underwritten by one or more of the CNA companies.

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