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PRESIDENT'S REPORT, by Jack Me ulty 3A LITTLE GOOD NEWS, by Daniel T. Slidham 4EXECUTIVE DIRECTOR'S REPORT, by Don Hollingsworth 5LAW OFFICE TECHNOLOGY, by Jacqueline S. Wright & Timothy H. Holthoff6LAW, LITERATURE & LAUGHTER, by Judge Vic Fleming 9CLE & ARKANSAS BAR ASSOCIATION CALENDAR 15YOUNG LAWYERS SECTION REPORT, by Scott Morgan 33JUDICIAL ADVISORY OPINIONS/JUDICIAL DISCIPLINARY ACTIONS 35LAWYER DISCIPLINARY ACTIONS 37IN MEMORIAM 47

2022

24

31

36

14

16

PAGE

Features

01 el S

TOPICAL INDEX OF JUDICIAL

ADVISORY OPINIONS

In Every Issue

PRO/CON: TERM LIMITS

PRO by Ted Thomas

CON: by Manha Miller Harriman

BILL BOWE ' 12

RULES, R LES AND MORE RULES

by Larry Brady

CONSCIENCE AND COMPETITIVE SPIRIT

BRJNG NEW DEAN TO UALR SCHOOL OF' LAW 11

JACK MCNULTYby Stacey DeWitt

BRAVE NEW WORLD: ARKANSAS' 1997BANKING LEGISLATION

by W. Christopher Barrier and John S. Selig

THE YEAR 2000: A PROBLEM FOR YOU?

by Nancy Bellhouse May

1997 AWARD RECIPIENTS 13

Photo by Cindy Momchilov

On the Cover: Jack McNulty withhis family (clockwise: Mark,Scoff, Montine, Jack and Allison)in Hot Springs during the 99thAnnual Meeting of the ArkansasBar Association.Photo by Cindy Momchilov

VOLUME 32, NUMBER 3

PUBLISHERArkansas Bar Association

Phone: (501) 375-4606Fax: (501) 375-4901

Homepage: www.arkbar.comE-Mail ARKBAR@jntellinet.com

EDITORIAL BOARDThomas M. Carpenter

Susan GoldnerSarah James

Al Schay

OFFICERSPresident

Jack A. Me ultyPresident-Elect

Robert M. Cearley, Jr.Immediate Past President

Harry Truman MooreSecretary -Treasurer

Daniel R. CarterExecutive Council Chair

Jack DavisYoung Lawyers' Section Chair

Scott MorganExecutive DirectorDon Hollingsworth

Assistant Executive DirectorJudith Gray

LAYOUT & DESIGNSara LnlJdis

EXECUTIVE COUNCILJ. Ray Baxter

William M. BridgforthDaniel R. Carter

Robert M. Cearley, Jr.Thomas A. Dailyjohn A. Davis, [II

Thomas F. Donaldson, Jr.LynnM. Rynn

Dave Wisdom Harnxl.Michael E. IrwinLouis B. Jones, Jr.

Thomas D. LedbetterJack A. McNulty

Michael W. MitchellHany Truman Moore

R. Scott MorganBrian H. RatdjffStanley D. RaulsSteven T. ShultsJames D. SprottLynn Williams

11It' Arkansas Lawyer (USPS 546-040) is publishedquarterly by the Arkansas Bar Association.Periodicals postage paid at Little Rock, Arkansas.POSTMASTER: send address changes to Tht'Arkallsas Lawyer, 400 West Markham, Little Rock,Arkansas 72201. Subscription price to non-mem­bers of the Arkansas Bar Association $15.00 peryear and to members $10.00 per year included inannual dues. Any opinion expressed herein is thatof the author, and not necessarily that of theArkansa.s Bar Association or Tile Arkansas Lawyer.Contributions to n,e ArkatlSas Lawyer are wel­come and should be sellt in two copies to EDITOR,n,l' Arkansas Lawyer, 400 West Markham, LittleRock, Arkans.1s 72201. All inquiries regardingadvertising should be sent to Tile Arkansas Lawyerat the above address. Copyright 1997, ArkansasBar Association. All rights reserved.

President's Report

A Century of Professionalismand Service

by Jack Mc ulty

At Left: The Seal that will be used by the Association tocommemorate the Centennial Year.

I will endeavor always to

advance the cause of justice

and 10 defend and to keep invi­

olate the rights of all persons

whose trust is conferred upon

me as an attorney at law.

OATil OF OFFICE

I will exhibit. and I will seek to

maintain in others. the respect

due courts and judges.

I Do Solemnly Swear orAfftnn:

I will support the Constitution

of the nited States and the

Constittllion of the State of

Arkansas, and I will faithfully

perronn the duties of attorney

at law.

I will nol renect, from any con­

sideration personal to

myself.the cause of the impov­

erished. the defenseless, or the

oppressed.

I will, to the best of my ability,

abide by the Model Rules of

Profe sional Conduct and any

other slandards of ethics pro­

claimed by the courts. and in

doubtful cases I will aHempt to

abide by the spirit of those ethi­

cal rules and precepts of honor

and fair play.

'<;-

'"il{j

'""~'""'fjVa DOT

of those engaged in the practice of lawhigh ideals of integrity. learning. com­petence and public service. and highstandards of conduct: to encourage cor­dial relations among lawyers; to pro­vide a forum for the discussion of sub­jects pertaining to t.he practice of lawand related subject.s: to carry on a pro­gram of continuing legal educationamong lawyers; to carry on a continu­ing program of legal research in techni­cal fields of law, practice and proce­dure, and to make reports and recom­mendations thereon; to improve thejudicial and legal process, and the sci­ence of jurisprudence. and to advancelaw and order; to encourage Ihe fonna­lion and activities of aUlonomous local,county and district bar associations; toencourage practices thaI wouldadvance and improve the honor anddignity of the legal profession; and toencourage the legal profession and itsindividual members to perform and todischarge more effectively and effi­ciently their responsibilities in the pub­lic interest.

As we celebrate our centennial. weshould keep these purposes in mindand celebrate those who first wrotethem and those who have made them areality during our first 100 years. Atthe same time. we should be preparingourselves and our profession to face thefuture with the wisdom of what wehave learned from the past..:.

It is with a great sense of pride and agreater sense of respect that I haveentered into office as the IOOthPresident of the Arkansas BarAssociation. A sense of respectbecause of the achievements of those99 Presidents who have held this officebefore me. A sense of respect becauseof the achievements of those thousandsupon thousands of lawyers who have.over those 99 years. voluntarily spentuntold hours of their time serving ourprofession and the public interestthrough committees and sections of theBar Association. A sense of respectand a deep sense of responsibilitybecause I have been entrusted to leadthis association into another century ofprofessionalism and service.

It has always been an honor for oneto become President of this Associationat any time, bUI it is a special privilegefor me to become President at this par­ticular time. During 1998 we will cel­ebrate the lOOth year of existence ofthe Arkansas Bar Association. It willbe a time to celebrate 100 years of pro­fessional ism and contribUlions in thepublic interest. It will be a time topause on our quest to reach the summitof service and appreciate how far wehave come. It will be a time of transi­tion - from looking back at our past tolooking forward to our future.

As we enter into this time of cele­bration and renection. we shouldremember that our participation in thelearned profession of law is a privilegegranted to us and carries with it theresponsibility to meet professionalstandards and expectations. It is notsimply a means to make a living.

The first statement in ourConstitution lists the purposes of ourorganization: All in the public interest,to advance the administration of justiceaccording 10 law; to aid the courts incarrying on the administration of jus­tice~ to fost.er and maintain on the pari

A Little Good News

Greene County Courthouse: Stateof the Art, User Friendly & Paid Forby Daniel T. Stidham

The citizensof GreeneCounty andthe Greene

County Bar Association are very proudof our new Courthouse. To understandour pride, you must first be apprised ofa little history. Our "old" Courthousewas built in 1888. It was a magnificentstructure, but as the years passed and asGreene County grew, it became imprac­tical and fell into a state of disrepair.Several attempts were made to createsupport for the construction of a newfacility, but they all fell short. CircuitJudge Charles Light, who retired in1973, despised the old facility and itsinadequacies. Legend has it that JudgeLight had jokingly issued an offer ofimmunity, from criminal prosecution,to any person who would bum the facil­ity down. Judge Light's attempts to geta new Courthouse built during his life­time failed. But ironically, his death in1982. coupled with the generosity ofhis widow, Margaret Anne Light, whopassed away a few years later, laid thegroundwork for the ultimate construc­tion of the Courthouse.

Margaret Anne Light, in honor of herhusband, bequeathed the sum of$100,000.00 to the citizens of GreeneCounty. TIlis sum, placed in Trust, wasearmarked to be used to furnish aCourtroom in a "new" Courthouse inGreene County. The Will had a "sun­set" provision, which stated that if anew facility was not built within tenyears of her death, the $100,000.00

Letters Welcome

would go to an alternate beneficiary.This gift, when combined with the gen­erous lestamentary gift of anotherprominent family. Mack and VestalWest, gave Greene County almost aquarter of a million dollars to use tobuild a new Courthouse. Judge Light'swidow passed away in November,1987, and the clock was ticking.

The Greene County Bar Associationimplemented a plan designed to gaincommunity-wide support for the con­struction of a Courthouse. ACourthouse Commiuee was selectedwhich contained members from across-section of the community as wellas government leaders. ThisCommittee gained wide support for theprojcct, but the projcct seemed doomedwhen a dispute arose between the Cityand the Counly over allocation of lheproceeds of a proposed sales t.axdesigned to pay for the new facility.

This provided a significant challengeto the Bar if the project was to be saved.Attorney Robert F. Thompson wasready for this challenge, and single­handedly brokered an agreementbetween the City and lhe County whichled 10 a special election on the sales taxissue. The citizens of Greene Countywarmly embraced the idea of this salestax, and the new facility was complete­ly paid for before ground was ever bro­ken to begin conslruclion. Con­struction was completed ahead ofschedule, and City. County, and StateOffices moved into the new facility inJanuary of this year.

The Courthouse has three (3)Courtrooms, Municipal, Circuit &Chancery. For the first time in the his­tory of Greene County, this year, threedifferent Courts were convened in the

same building al the same time. AllCOLIrl personnel, including the CourtClerks, Probation Officers, and eventhe Prosecuting Attorney are housed inthe facility. We are even capable ofhaving two jury trials occur simultane­ously as the Courthouse is equippedwith (wo jury-ready Courtrooms anddeliberation rooms. A bank of Witnessrooms are conveniently located outsidethe two large courtrooms which makeconferring with clients and witnesseseasy and confidential, an impossibilityin the Old Courthouse.

Don Hollingsworth was presentwhen we unveiled the bronze plaquesdedicating the "Charles W. LightCourtroom" and the "Mack & VestalWest Courtroom" In OUf new

Courthouse, and also served as ourguest speaker, later Ihal evening, at OUf

annual Law Day Banquet. As I listenedto Don's remarks during the banquet, itwas clear 10 me Ihal he understood thepride in our Bar and the pride we havein our community in achieving thismagnificent goal. .:.Daniel Stidilam is immediate PastPresident of the Greene-Clay CountyBar Association. The dedication of thetwo courtrooms was part of their LawDay Celebration in May. TileCourtrooms are (IVa of the best illArkansas.

The Arkansas Lawyer welcomes reader comments in the form of letters to the edilor as well as "good news." Leners shouldpenain to recent articles, columns or other leuers and should be no longer than 250 words. Anonymous letters will not bepublished. The editors reserve the right to edit letters for style, length and continuity. Letters intended for publication shouldbe scnt to: Letters, The Arkansas Lawyer, 400 West Markham, Little Rock, AR 7220 I.HOW TO REACH THE ARKANSAS LAWYER: Write to the editors of Tile Arkansas Lawyer at 400 West Markham, LittleRock, AR 7220 I or fax correspondence to 501-375-3961.ADVERTISING: Advertising rates and infonnation are available upon requcst. Contact Sara Landis at 501-375-4606 or800-609-5668. New Advertising must be pre-paid.

Executive Director's Report

Association Changes of Noteby Don Hollingswonh

This column will highlight importantchanges with member benefits, theLawyer Referral System, the EditorialAdvisory Board for this magazine, new(ask forces, and other matters. We

encourage your questions about them,and we welcome your suggestions.

HANDLING ApPEALS IN ARKANSAS.

This is the newest practice handbook ofthe Arkansas Bar Association, and it isavailable in print and CD-ROM. A 1997Revision of the Arkansas Form Bookwill be available soon.

LAwn:R REFERRAL SYSTEM. Al itsJune 141h meeting the House ofDelegates voted lO discoJllinue theLRS, and thus it will be phased out dur­ing the next month or so. YourAssociation was faced with the samedilemma of other state bar associationsin the U.S. As lawyer advertising hasincreased, the basic need for a statewideLRS has declined. This has been mani­fested by a lower rate of attomey par­ticipation in the LRS and a reduction inthe number of callers who actually wantto hire an attorney.

Continuation of the current LRS wasnol a realistic option. In order to makethe LRS a self-supporting and qualityoperation, il was estimated that $80,000annually would be necessary for threeto five years. The new LRS would haveto include fee-sharing, the approval ofwhich is pending with Ihe SupremeCourt of Arkansas, and advertising bythe LRS itself in order to altract refer­able cases. (If fee-sharing is approved,the Association may some day imple­ment a new LRS.)

The Arkansas Bar Association ismoving to increase ils public informa­tion efforts in order to provide usefulinfonnation on the legal system to citi­zens statewide. These efforts shouldreach and help many more individualsthan did the LRS.

ENVIRONMENTAL. LAW SECTION. TheHouse of Delegates approved theEnvironmental Law Committee becoI11-

ing a Section. Association memberswishing to join this new section shouldcontact our office. The annual dues forthis Section is $35.00.

STACEY DEWITT is now theAssociation's independent contractorfor legislative and media relations.Stacey's replacement as editor of thismagazine has not yet been decided.While we are sorry to lose her as a full­time employee, we will still benefitfrom her talents in the above areas.

EDiTORtAL ADVtSORY BOARD. Withthis issue of the Lawyer, we say good­bye and thanks 10 Susan Goldner andSarah James who have served on the

Board and assisted with the publicationof the Lawyer. An expanded Board hasbeen appointed. Joining holdovers TomCarpenter and AI Schay are MarthaLondagin, Judge Wiley Branlon, JamesC. Graves (Nashville), Gerry Glynn,Jacqueline Wrighl, MOrl Gitelman,Tom McGowan and Stacey DeWitt.

PLUS MtLES OPTION. This is a newfeature of the MB A Platinum PlusMasterCard, which has special benefitsfor our members. See page 2 herein forinformation on this and other memberbenefits.

FISCAL YEAR CHANGE. While not asexy issue, I am delighted that theHouse of Delegates approved changingthe Association's fiscal year from July­June to January-December. This will beeffective January I, 1999, and it willeliminate the problem of mostAssociation revenue coming at the endof the fiscal year, which made financialplanning more difficult. (Annual mem­bership dues, annual meeting registra­tions, and the Best of CLE occur inMay and June each year.) The change isalso helpful by moving the closing ofthe fiscal year and annual audit to thewinter months, which is much less hec­tic for Association staff than the spring.

MEMBER BENEFITS ANDDEVELOPMENT. Your Association isalways interested in member feedback

on specific rnem­bership benefils asto substance andprice. There isnow a separate Member BenefitsCommittee. As a part of this restructur­ing, a new Membership DevelopmentCommittee has been established toincrease membership throughout thestate and especially among youngerlawyers, government attorneys, andminority attorneys.

SUSTAINING ME~1I1ER COMMITTEE.This commillee has been expanded totwenty-one members and will be work­ing lO increase the number ofAssociation Sustaining Members fromthe current 205 10 at least 260.Sust.aining members give $100 eachyear to the Arkansas Bar Association tofund special projects which theAssociation could not ot.herwise haveafforded.

TASK FORCE ON MEMBERSHll' DUESSTRUCTURE. This new task force willstudy the Association's current duesS(Tucture, which is based primarily onyears admitted to practice and whichalso has specific dues rates for judges,oul of st.ate members, and retired mem­bers. We encourage members to sharetheir opinions on the current structure.

TASK FORCE ON LEGAL RESEARCH,

PUIlLICATIONS AND TECHNOLOGY. Thistask force will evaluate theAssociation's options in regard to itsfuture relationships with companies inthese areas of business. An importantpart of this evaluation is the degree to

which the Association should make aninvestment in the publication of addi­tional handbooks as weU as more for­mal library series, utilizing prim, CD­ROM and internet versions.

NEW EMI1LOYEES. AdrienneBrietzke is our Director of SpecialPrograms and Markeling Pamela Fikesis our new secretary.•:.

ne ,Irkansasl.l\\jrr Summer Illi

Law Office Technology

A Year on the Web: A Report on theArkansas Judiciary Home Pageby Jacqueline S. Wright and Timothy N. HolrllOff

In the Beginning... It all began in thewinter of 1995. Tim Holthoff. theAssisl3nl Supreme Court Librarian.completed his fall semester law schoolexams and was looking for some fUll.

Now. "fun" 10 Tim takes on a differentmeaning than to the rest of us.

For nearly a year. Tim had exploredthe intricacies of clscape. a computerprogram that is used to browse docu­ments and graphics on the World WideWeb - the Intemel. He had used the"Reveal Codes" command to view theHTML code for web pages he visited.HTML slands for Hypertexi MarkupLanguage. It is used 10 make text docu­ments come alive on the Internet withcolors. pictures. sounds, and differentsizes of fonts in the text.

In order to learn to use the HTMLcodes, Tim started writing HTML doc­uments. He experimented with colorsand lex!. some of which he scannedwith a crude device that deserves nofurther mention. Then he found somegraphics Ihat he liked. and was ready 10

debut his creation. You have neverheard such "oohs! and aahs!"' It wasonly a page or two with some descrip­tion of the appellate coun system, but itgenerated a lot of excitement.

This was one of those times whenthings come together to make some­thing wonderful. Governor Jim GuyTucker decided Ihat Ihe State ofArkansas would have a home page on

the Internet: some decisions regardingthe publication of appellate court opin­ions made it possible to release theopinions in electronic fonnat the sameday the opinions were issued by thecourts: and Tim wanted to learn HTM L.This "harmonic convergence" made aJudiciary web page possible.

The first step was to gain some realexperlise in the basics of HTML. Timpurchased a book and studied the codefrom other Illlernet sites. Then we hadto make some decisions. What infor­mation about the court system should

we make available on our home page?How complete should it be and in whatformat? The court publishes abrochure for visitors to the JusticeBuilding. h has infonnation about thecourt and the courtroom. And theAdministrative Office of the Courts hadjust published the 1994-95 ArkansasJudiciary Annual Report. so the text to

start the pages was readily available.Using otepad. a scaled-down word

processor that accompanies MicrosoftWindows, Tim started adding HTMLcodes to the text scanned from theAnnual Report and brochure. It was asimple malleI' to add the codes, save thefile, then view the results in NetscapeNavigator.

He saw the page. and it was good...Wilh Ihe basic pages completed,

Jackie presented them to J.D.Gingerich, Director of IheAdminislrative Office of the Courts.After gelling his approval, we startedmaking arrangements to put Tim'swork product on the Internet.

The fun was over. The work began.There were administrative details to beconsidered. internal decisions to bemade. and much planning 10 be done.This involved people outside ouragency as well as some who work forthe Supreme Court.

Because the Judiciary did not havean Internet server and had no plans toget one. we surveyed other possibili­ties. We considered leasing space froma commercial vendor or locating a serv­er whose owner would allow us to dial­111. We concluded that the Judiciarypages should be on the same server asIhe tale of Arkansas Home Page. Theserver is maintained by the ArkansasDepartment of Computer Services,whose staff could not have been morehelpFul. When we connected with thepeople in charge of Ihe State ofArkansas Home Page, we also connect­ed with Iheir experlise, which they gen­

erously shared wilh LIS.

The Supreme Court and Court ofAppeals opinions have been writtenelectronically for several years. On theday the opinions are handed down. theyarc given to the Reporter of Decisions.William B. Jones. Jr.. who writes theheadnotes then sends them to the print­er of Ihe Arkansas Reports. Moslcourts publishing opinions on theInternet make them available in the for­mat that they are authored. TIlis is usu­ally a fornlat that is not useful to a webbrowser. such as Netscape, so we had todecide how to get the opinions in a"browsable" fonnat.

We experimented with conversionsto HTML and other formats. We ulti­mately decided to make the opinionsavailable in the original WordPerfect5.1 for DOS fortnat for downloading,and a plain ASCII lext fonnat for webviewing. The ASCII text loses somefonnalling infonnation. such as the §symbol. underlining. italics. and foot­notes, but the tcxt of thc opinion isthere.

A great deal of planning went intothe file and direclOry structure on theweb server. This was a very complcxtechnical issue that Jackie has yet tofigure out. When we started. we put allof the opinion files in a single directory.This did not work because the file­names are based on docket numbers,and many docket numbers have severalper curiam opinions in addition to thefinal decision. Because the opinions donot have unique numbers. they are dif­ficull to manage. We Ihen decided 10

organize the opinions in separate direc­tories by date so that the main opinionwould not overwrite an earlier per curi­am opinion. The opinions would thenbe accessible by date.

On Monday and Wednesday. whenthe courts hand down their opinions,Wade Hankins, the Records Managerfor the A.O.C., retrieves Ihe files for thesyllabus from the docket syslem in theClerk's office. He Ihen e-mails the files

10 the librarians. We merge the filesinlo a single syllabus file that we e-mailto the Assistant Reporter of Decisionsbefore we POSI it to the Ark-Lawyers e­mail discussion list I The court syllabusis used as a matrix from which the textof the opinions is accessed. Fonnattingthe syllabus with HTML coding is atime-consuming process that we have

improved by creating macros for OUT

word processors.After processing Ihe syllabus, we get

the published opinions and orders fromthe Reporter of Decisions. We mergethe majority opinions with dissenting orconcurring opinions. Then we convertthe files 10 ASCII. We also create a ZIPfile of the WordPerfecl formatted opin­ions. This is a single. compressed filethat comains all of the opinions for thaiday. The published opinions and syl­labus are then placed on the Intemelwithin a couple of hours of the time

they were handed down.El.ECTRONIC AIlVANCE REPORTS

To retrieve an opinion on the Internet.visit the Arkansas Judiciary home pageat http://www.stale.ar.us/supreme­court/. then select the Opinions link.

This will take you to a page that liststhe courts and sessions. Because of the

volume of opinions published by thecourts. we separated the opinions intoSpring and Fall lerms of court.Choosing one of these links will takeyou to a page listing dales of availableopinions. From there. you may select adate to browse the syllabus of that date.From Ihe syllabus page you may viewthe ASCII version of Ihe opinion ordownload Ihe WordPerfect fonnalledopinion.

Soon after we cre~lted the web pages.we realized that date access alone wasinsufficient. Afler investigating somesearch engines. we decided to use infor­mation from the Reponer of Decisionsto construct case name indexes becausea search engine would be too adminis­

tratively burdensome. The goalthroughoul has been 10 provide thisinformation quickly and easily. Wehave undertaken Ihis project withoutaddilional funding or slaff. so simplici­ty was. and still is, imperative.

Each week the Reponer preparesheadnotes and the cover sheet for theprinted Arkansas Advance Reports. Wedecided to use the lexl file of these

cover sheets to replace the original syl­labus for Ihe links to the opinions. Thecover sheet includes a brief synopsis ofthe published opinions. and the opin­ions are ordered by party names insteadof aUlhoring Judge or Juslice. So. eachFriday Ihe original slip opinions for theprevious Monday and ils precedingWednesday are replaced wilh an opin­ion with headnotes and editorial correc­tions. These opinions are the function­al equivalent to the printed ArkansasAdvance Reports. Then the entries forthe cover sheets are added to an alpha­betical list of case names in the casename index. Again because of the filesize. Ihe index files are separated bytenn of court.

Although there is no search engine. auser may search the index files by usingthe Find command available in all webbrowsers. Fortunately. there are somesearch engines. such as LawRunner

(http://ilrg.com/gov/ar.html). that actu­ally index Ihe Arkansas Judiciary sileso that users can conduct full-textsearches of our opinions.

OT JUST OI'INJONS

The Arkansas Judiciary Home Pagecontinues to grow. After ~1 year of ser­vice to the Internet world, with morethan twelve thousand hits on the homepage. we continue to add new infomla­tion to the pages.

We recenlly added the 1995-96Arkansas Judiciary Annual Report 10

the web. The Reporter of Decisions hasmade his appellate style manual avail­able to interested parties. MelanieEwell, Ihe Allernate Dispute ResolutionCoordinator, is gathering infonnationto publish on the web.

This year the Arkansas ContinuingLegal Education Board pages wereadded. There you will find the C.L.E.rules and regulations for members ofthe Arkansas Bar. We also regularlyupdate a schedule of regional C.L.E.courses.

More infomlation was added on the

Arkansas Bar Exam. The ArkansasState Board of Law Examiners pageincludes general information about theArkansas Bar as well as the RulesGoverning Admission 10 the Bar ofArkansas. Eventually the results of thebar exam will be posted on the sameday that they are posted on the doors ofthe justice building.

WIIERE Do WE Go FROM HERE?

The web pages have been operationalfor more than a year. While we areadding more infonnation. users of theweb site are requesting more types ofinfonnation. The library gets phonecalls and e·mail messages requestingSupreme Court and Court of Appealsdocket information.2 People wantaccess to appellate briefs. transcripts.and unpublished opinions. Internetusers. including lawyers and lay peo­ple, want and need more infonllalionabout the trial courts.

Without additional personnel orfunding. it is unlikely thai there will beany major enhancements to the webpages. Although we enjoy our involve­ment. we have neither the time nor theresources to expand the capabilities ofthe web pages.

The Arkansas Judiciary Home Pagehas been a great experiment. We have a

greater understanding of the problemsand processes that the various branchesof the judiciary encounter in order topublish information. There is morecommunication and cooperation in theJustice Building today because every­one must work together 10 keep currentthe information on the Il1lernet.Everyone involved in the process isdedicated 10 the purpose of the homepage - to make public infonnationavailable to the public in as convenientand meaningful a way as resourcesallow.·:·

J. The Ark-Lawyers e-mail list is anelectronic discussion group JarArkansas legal issues. To subscrihe tothe list. send the following message toIistproc@citalJra.uark.edIl: subscribeArk-Lawyers Your Name. YOIt will beadded {o Iile lis' of recipiell/s for allmessages sent to Ark·Lawyers@citabra.uark.edli.2. The aurhors may be reached bye·mail at the [allowing address:arsdib@mac.state.ar.us. \\Ie enco",··age commelJls alld suggestions abouthow 10 make the web pages more use·

fir/·Jacqueline S. Wright is the SupremeCourt Librarian and Timothy N.Holthoff is the Assistant Supreme CourtLibrarian.

T~ Irllllil La~)Ir S.II" Illi

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Law. Literature & Laughter

"Edgington Revisited...Plus theDoughnut Made Him Do It"

Copyright 1997 By Judge Vic Fleming

The more things change. the morethey stay the same.

Twelve summers have come andgone since LLL was born. Way backthen, the columnist was entering hisseventh year of law practice and wascollecting unusual examples of legaldialogue in coun and in depositiontranscripts. Such as:

Q. Who else?A. A man named Clyde Dodd.Q. Dodd?A. Yeah. He's dead.Q. Dead?A. Very dead.MR. CLAPP: He died? Dodd?A. Clyde died.MR. RAMSEY: In degrees ofdeath,

he's at The extreme?Q. What was he. a bookie or a

friend?A. He was a bookie ollly,

which I suggested that readers renderaloud to acquaintances, for maximum

effect.And also such asQ. Do you recoglli:e the person in

Plaimiff's Exhibit 8?A. yes.... Ir is Mr. Edgington.Q. Do )'ou recall/he time that yOlt

examined rhe IJody of Mr. Edgington orthe Rose Chapel?

A. If was in the e1'elling. The autop­

s)' started at aboUl 8:30 p.m.Q. And Mr. Edgingron was dead at

(Iwl/fme. is that correct?A. No, yon dllmb #*%@!#. He was

siuing all rhe table wondering why Iwas doing an autopsy,which, by the way, has continued to

entertain audiences in over 30 zipcodes.

And such as this exchange betweena lawyer and a judge. following sometestimony about dogs:

Q. Generally, when you have peo­ple our for a party, do you keep them

i" a cage?JUDGE: YOIl meallthe dogs. right?As a full time judge, I can attest

that these types of exchanges have notabated.

In my very own court I have heardlawyers and witnesses engage in dia­logue, which, taken later as a part ofthe overall human condition in thecontext of a rich and luxurious lan­guage, seems-well, you be the judge:

Q. How can )'ou be sure you weregoing 35 miles per hOllr at the time?

A. Well. just before I saw rhepoliceman, I looked down at my speedthermometer.And

Q. What did you discol'er regardiugYO/lr insurance whell you called theagem?

A. He told me that Illy policy hadcollapsed.And also this:

A. Well. I asked the cop why did hestop me and Ite said speeding or some~thing like thaI and then he told me tharmy license were prol'oked.

Then, there was the college kidwhose testimony went like this:

Q. You said yOIl were 01/ the 1-630access road. Were you headed east orwest?

A.l'lIIfrom Califol'llia.1 dOI/'tknow the difference.

In a case where the defense to afire-lane parking charge was a lack ofproper signage. the ticketing officerlook exception:

A. There were four properly resur­rected siglls i/l [he parking lot.

Very recently, the following was tes­tified to by an extremely competentofficer of the law:

A. I asked the l'ehicles 10 11I0\'e.

And there was this from a distin­guished gentleman, cited for not show­ing up. an offense that generally goesby Ihe handle "failure to appear":

De/endam: Your !tailor, before wegel started here. I would like to

address the iss"e of Illy fail"re tooccur.

Not to mention numerous persons

who have testifiedessentially as fol­lows:

A. I was goillgthrough the ill1ersectiolJ when (his carcame from nowhere and hit me.

In conclusion, there was the testi­mony of an alleged speeder thatprompted me myself to get into thedialogue:

A. Well. Iliad a dougill/ur all Illycar 'hat day. so ;1 was riding a littleIIgl" .And he had quite a bit more to say,none of which answered the questionthat I had jotted down in my courtnotes: "Doughnut? ..On his car?"Then when the city attorney did 1101

cross-examine on this unusual line oftestimony, I had 10 ask for a clarifica­tion:

Court: This doughnut on your COl:

Was it a gla:ed or a cinnamon cakedoughnut?

De[endam: No, sir, it was one oftllose linle billy spare tires.

The more things change...•:.

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CONSCIENCE ANDCOMPETITIVE SPIRITBRING NEW DEAN TOUALR SCHOOL OF LAW

will come in significant part fromfundraising effons, Smith said. Butyou can'l ask for financial supponwithout giving donors a program thatmerits investment. UALR's School ofLaw can demonstrate that merit, Smithsaid, citing examples such as theupcoming September Law Reviewnational symposium thai will focus onreligious liberty afler Ihe SupremeCoun's impending decision in City ofBoerne v. Fares. When UALR hosts allnational law reviews this spring, it willhave anolher opponunity to be on posi­tive display, he said.

Rod Smilh is an academic all­American who leads wilh his heart.laking thai his college basketball coachwas tempted 10 say: "Rod, you're

When Rod Smith toldhis father he wanted to

move to Arkansas, hereceived a favorableresponse: "This is good."Smith. the incoming Deanat the ALR School ofLaw. accepted the word ofhis father, who knowsabout our wonderful statebecause his grandfathergrew up in Valley Springs80-plus years ago.

But fatherly advice isnot the only reason the 46­year-old Sm ith, a father ofeight children, accepted thejob in Arkansas. "I'm notinterested in being a care­taker dean," he said.Instead, he intends to leada solid institution withnational goals that can beset and met. UALR Schoolof Law, with strong com­munity involvement and abudding fundraising effon,has that dynamic. Smitharrives at his post August Ifrom Capital Law Schoolin Columbus, Ohio. Hehas served previously asdean at the University ofMontana School of Lawand at Capital.

While planning hismove to Arkansas, Smithtook time off to talk abouthis aspirations for theSchool of Law and its students. A sto­ryteller at hean, Smith compared beingdean to conducting a symphony, say­ing, "You relish the violins, take joy inthe French horns, and when they allplay together, it is a moment of won­

der.""The goal for faculty is to tie their

vision to other constituencies--like theBar, the citizenry. and the medicalestablishment. We need to show thecommunity what a law chool can do,"he said. Emphasizing that a dean's jobis to ascertain the ambition of the facul­Iy, students, and friends of the LawSchool and facilitate thai ambition,Smith does not believe a dean st.eers aninstitution alone.

Fuel to move the Law School ahead

short. but you 're slow,"Smilh shows a competi­tiveness in his work, 35

well. He has wrincn exten­sively on sports law, espe­cially intercollegiate ath­Jelics. with a recent articlemaking the case for Ihedevelopment of women'sfooL ball al the intercolle­giale level. Arguing thataccess is the key to genderequalilY, Smith said Ihatmore women can play foot­ball Ihan can participate insynchronized swimming orbadminton.

On another favoritetopic: ''The First Amen­dment is not solely aboutreligion: it is about con­science;' Smith said whilediscussing a book he iswriting about OUf country'sneed to promote con­science. He teaches hischildren, who range in agefrom 8 to 21, by hands-on

Rodney K. Smith activilies. He and his wifeDanielle and the childrenrecently spent time in theirneighborhood and atschool and work gatheringlinens to give to the home­less. His five children stillin the home all attend pub­lic schools.

The UALR School ofLaw campus, Smith

believes, should be a center point, ahome for the legal community and aplace where people can gather 10 pro­mote justice and fairness. In summa­rizing his goals for UALR law gradu­ates, Smith noted that he is pleased thatmany graduales will enler a "peoplepractice." Because they will representpeople whose voice deserves to beheard, he said, Ihey must learn the threeC's of our profession: caring deeplyabout their clients; competence in thelaw; and conscience and a sense of pro­fessionalism.":·

II Til Irhllil LI~W S.lllr 191i

BILL BOWEN

Dean Bill Bowen leaves the posi­tion at UALR to take on new chal­lenges and continue the service work

to which he has dedicated masl of hislife. Among his volunteer efforts willbe his work with the Arkansas BarAssociation. Bowen has graciouslyagreed to chair lhe SustainingMembership Committee. Thenumeric goal for membership is 400,but Bowen says numbers and moneyalone won't change the image of theprofession. Rather, says Bowen, "thebest way lO address lawyer image isto work in the bar and self regulate."

Fund-raising is one of Bowen'smany strengths. He came to UALRSchool of Law for a two-year stintwhile a national search for a pennanentDean was conducted. During histenure, he laid the ground work for

development and established an Officeof Development at the school that willfocus mainly on raising money. Bowenalso worked diligently on the idea ofnaming the UALR School of Law the

William Jefferson Clinton LawSchool after President Clinton.While the project has been put onhold at the President's request,Bowen believes the name changecould elevate the status of the school.Bowen has also revitalized theAlumni program and helped con­clude accreditation issues. In thefuture, Bowen hopes the faculty willcontinue to be strengthened, fundingwill be improved, and the school willcontinue to push for the ClinlonLibrary to be located in Little Rock.Meanwhile, Bowen's immedialeplans include a trip to Colorado and a

cruise to Scandinavia. When hereturns, Bowen will office in the FirstCommercial Bank Building.•:.

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I. Though it can take years to accom­plish, and requires a large and dedicat­ed work force because it takes so manylines of code to run even a relativelysimple program, making the correctionis relatively straightforward. The Year2000 expert assesses the code in use bya particular business, detennines wherethe date-sensitive functions are, dis­patches a crew of programmers 10 cor­rect every date reference in those por­tions of the code, and Ihen tests therevised code to make sure that the fixwill work. Some analysts nonethelesspredict that the time and expenseinvolved are so overwhelming that asmany as one out of every five smallbusinesses may be paralyzed by a Year2000 problem.

computer syslems, and assuming aswell that those entities' experts areworking hard on a fix for the main­frame problem, should you be con­cerned about your PC instead? Itdepends. Pentium-based machines run­ning Windows 95 should be fine, asthey handle date infommlion in a rela­lively sophisticated manner. Everymachine in the Macintosh line is engi­neered to accommodate dates runninginto the 21st century, and UNIX-basedprocessors can process dates through atleast the next 30 years. If you-likeme-sometimes use an upgraded 486running DOS and Windows 3.1,

though, you might not be immune.But don't despair. There are severalplaces at which to learn more aboulthe Year 2000 problem and fixes forit, including these websites:www.year2000.com, www.ilpoli­cy.gsa.gov, and www.se.com­merce.net/atlyear2ooo. Or you canjoin me in planning 10 buy a hot newmachine sometime between nowand the turn of the century (but only,

of course, after asking the vendor toprovide a Year 2000 warranty).•:.

use could result in some major glitchesafter the turn of the century if they arenot made Year 2000 compliant.

Consider, for example, an insurancepremium due on January 18,2000. Thecompany's computer might treat yourpayment as long past due and cancelyour policy before then, because ilinterprets its records as indicating thaIyou should have paid in 1900. Or sup­pose that your mOSI recenl telanusbooster expires in 200 I. The computerin which your medical records residemight simply purge that data when per­forming a routine update, assuming­logically, but incorrectly-that theinfonnation about your shots is nearly ahundred years out of date, and that youare long since dead.

The country's major corporal ions arewell aware of the consequences if Iheyfail 10 make Iheir computer systemsYear 2000 compliant, so these kinds oferrors might never occur. Many small­er businesses, however, may not makethe necessary alteralions, and their fail­ures could reverberale through the mar­ketplace, eventually affecting eventhose who make every effon to achievecompliance on their internal systems. I

Assuming that you can't do muchabout large government and corporate

to be on the cuning edge in six months.Defying all expectations, though, manycreaky old mainframe computers, andlots of the code originally written forthem (much of it in runic languages li.keCOBOL), are still in use.

Unhappily enough, both this ancienthardware and the comparatively primi­tive code lhal runs it are used by largecorporations and government institu­tions, which were among the first 10

invest heavily in computer technology.OUf insurance records, OUf financialaccounts, our medical histories... il'sthis kind of infOlmation that's kept onthe old machines. And their continued

By Nancy Bellhouse May

example, has always been communicat­ed to a computer as 07/12/15. Themachine must insert "19" before thelast two numbers in order to calculatethe year, but there's nothing difficultabout that until you get 10 Ihe tum ofthe century. If Ihe pivolal year is actu­ally 2015 instead of 1915, however,none of Ihe computer's date-sensitivecalculations (those relating 10 accruedinterest. payments made, filing dead­lines, and the like) will be correct.Indeed. some computers will refuseeven to accept dates starting with "20,"so secure are they in Iheir mechanicalcertitude that years can begin only with"19," and some-puzzled by the wholeundertaking-may crash if asked tomake calculations involving dates inthe 21 st century.

Although it may at first be difficultto believe that they didn't anticipatethis problem, the engineers' failure 10

plan ahead is actually quite easilyunderstood. No one writing code 20years ago, and only a few more of thosewriting code len years ago. expectedthat much of it would be in use for verylong. Progress in processing technolo­gy is so consistent and rapid thaI evenwe lawyers don'l expect loday's newestsoftware and lop-of-the-line hardware

You've added RAM, upgraded yourmodems, linked your PCs on a LAN,and even expanded your disk space byinstalling an external drive or two. Justwhen you thought it was safe to bootup, though, here comes yet another taskfor which you may not be prepared:ensuring thai your computer is Year2000 compliant.

Back when software engineers firstbegan writing code, memory was soscarce and expensive Ihat program­mers, eager to conserve disk space,adopted the MM/DD/YY conventionfor entering dates. That conventionnever changed, so July 12, 1915, for

THEYEAR 2000:A PROBLEM FOR YOU?

II Tb, Ir~an\lllJ\t!,r Summ,r 199;

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Ii n, .lrkansas tally,r Suoorr 1m

BRAVE NEW WORLD:Arkansas' 1997 Banking LegislationBy W. Christopher Barrier and John S. Selig

Commissions, task forces and spe­cial committees are notorious for pro­ducing mountains of paper, but little inthe way of substantive results. TheGovernor's Task Force 10 Revise theBanking Laws and the Governor's TaskForce on Lnterstate Branching representa dramatic exception to the rule.

Part of a national trend toward mod­ernization of state banking laws, theTask Force to Revise the Banking Lawssaw the entirety of its recommendationsenacted into law by the GeneralAssembly without a dissenting vote, totake effect from and after May 31,1997. The General Assembly likewiseadopted without disscllI the legislationproposed by the Task Force onInterstate Branching, which wasprompted by Congress's enactment ofthe Riegle-Neal Interstate Banking Actin 1994, with the same effective date.

This article and the one to followwill examine. first, the more significantchanges wrought by the ArkansasBanking Code of 1997 C'Act 89" orsimply "the Code"), and then thoseeffected by Act 408 of 1997 ("theBranching Act") and by Act 940 of1997 ('The Arkansas Trust InstitutionsAct" or simply "the Trust Act").

The drafters of the Code-bankers,lawyers and regulators-were dealingwith a document originally drafted in1913 and amended over 50 times sincethen. Their principal goals were to con­solidate its sometimes disparate parts;to present them in a more logical andcoherent manner; to update them or toplace them in a modem context; and tomake them more accessible to lawyersand bankers alike, in format. languageand subject mailer. The resulting Codewas thus intended to be a comprehen­sive expression of Arkansas' lawsspecifically governing banks, bothstate-chartered and national.

These goals were accomplished inpart by a clean-slate approach-the

II TlllrtllID l.a~Jlr S.lllr Illi

Code repeals the exisling bankingstatutes in their entirety (as well asrelated statutes which affect banksspecifically and also other entities)--­and then by limiting the scope of theCode. It applies only to banks, bankholding companies and subsidiary trustcompanies. Other financial institutionsare covered in separately reenactedstatutes, such as the Trust Act, or provi­sions governing activities such as thesale of mortgages. (Even so, the Codeis 130 pages long, without the amend­ments affected by the Branching Act.)

The Code starts with a comprehen­sive list of definitions, at Ark. CodeAnn. §23-45-102. This list is followedby some generaJ ground rules, and thenby an outline of the role and duties ofthe State Banking Board, the StateBank Department and the BankCommissioner. A description of thegeneral powers of banks lhen follows,which lists thirty-seven specific permit­ted activities, concluding with the tradi­tional authorization to "exercise anyother powers which are incidental tothe business of banking." (Ark. CodeAnn. §23-47-102(b))

However, while some powers aredealt with only in this section, othersare also cross-referenced to specificsections or subjects, (0 make clear thatthese are unambiguous affirmativegranls of authority.

In many instances, those lendingand investment powers are broadened,such as those setting limits on invest­ments in various activities and on lend­ing. Some limits are removed altogeth­er. and the Bank Commissioner is giventhe authority to increase the percentagelimitations for certain investments.Investments are dealt with atSubchapter 4 of the Code, and loans atSubchapter 5.

Likewise, the old "wild card"statute, which allowed the Board togrant state banks the authority to

engage in any newly authorized activi­ties for which national banks weregranted authority, now vests thatauthority in the Commissioner, throughArk. Code Ann. §23-47-102(c). Asnoted, the Code is intended to be morecomprehensive, in that it addressesmany such issues in a more completeand detailed manner. and grants explic­it authority to engage in a number ofbanking activities. For example, Ark.Code Ann. §23-47-601 through 607deal specifically with operating sub­sidiaries, real estate subsidiaries, ser­vice corporations, capital and commu­nity development corporations, smallbusiness investment corporations, andEdge Act entities. In general, banksmay, under the new Code, invest morein these entities than would be permit­ted under existing law.

In terms of accessibility and coher­ence. lawyers may find the Code'slengthy definitions section as importantas the enumeration of powers. Forexample, "capital base" is treated as auniversal term, which has the samemeaning, whether in the context oflending, investments, subsidiaries orcapital requirements. For flexibility,the Bank Commissioner is given theauthority to expand or contract that def­inition by regulation, as needs maywarrant. The Code modernizes thepaid-in capital requirements, selling aminimum of $1,000,000. The require­ment of FDIC insurance, which hasbeen implicit, is now made explicit.

The purchase of assets and assump­tion of liabilities provisions are restat­ed. The insolvency and liquidation sec­tions, which were adopted in the after­math of the Great Depression in asomewhat random manner, have beenconsolidated and clarified, basicallytracking the FDIC regulations. Whilethe statutes provide that either theCommissioner or the FDIC may be areceiver, they recognize that the choice

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47-204. The latter formulation is moredetailed, and presented with an alto­gether different organizationalapproach, while retaining the basicassumption of current law as to suchdeposits, i.e., a multi-party account is ajoint account characterized by rights ofsurvivorship, unless the parties clearlyexpress an intention thai a tenancy incommon result.

The Code also sets out explicitly therules governing safe deposit boxes,from creation of the relationship toescheats to the State, covering inbetween such areas or leases to minorsand remedies on non-payment of rent,in a manner and philosophy similar toregular deposits. In effecl, Ark. CodeAnn. §23-47-903 removes a minor'sdisabilities for the limited purpose ofleasing a safe deposit box. As withdeposits, adverse claims Ihat do notcorrespond to the lease can be ignored,absent a court order.

Similarly, banks do not have to lookbeyond the face of the instrumentbefore them or their deposit recordswhen dealing with someone acting in arepresentative capacity to detennine the

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the Commissioner may loosen the lim­its by regulation in other areas.Conceptually, if a bank may investwithout limit in a particular security, itmay also lend without limit using it ascollateral. If a bank ends up holdingshares of its own stock, as the result offoreclosure or execution, it may take 24months to dispose of those shares,rat.her than the current one-year period.

The new Code also makes it clearthat banks need not read the minds (orfutures) of their depositors. In particu­lar, if a bank follows the instructionsgiven it by a customer in opening anaccount, it incurs no liability if the cus­tomer later decides that some other typeof account was needed to accomplishthe customer's desired results. The tra­ditional result of creating a Totten trustby opening an account in a bank in aparticular way is recognized andapproved.

A number of currenl provisions aresimply addressed in a different format.Multiparty deposits are currentlyaddressed at Ark. Code Ann. §23-32­1005, and will be addressed after theeffective dale at Ark. Code Ann. §23-

is virtually always going to be theFDIC.

The Commissioner is also givenmore authority to act administratively;to visit and inspect state banks, shon offonnal examinations; to issue cease anddesist orders; and to remove errantoffices and directors. The general ideais permit regulatory intervention tohead off crisis situations, rather thanwaiting and having to clean up aft.erthey have occurred.

The holding company and plan ofexchange sections are generally thesame as present law, although t.he Codeis arranged differently, as are the mis­cellaneous violations sections.Dissenters rights are similar to thoseunder current law, in the plan ofexchange context. In an acquisitionand merger situation, shareholders ofthe acquiring bank have no right to voteon the merger or to dissent from it (andget paid fair value for their shares)unless new shares representing morethan twenty percent (20%) of the out­standing shares prior to the merger areto be issued in the merger. This repre­sents a new limitation, but the concept

is exactly the same as that applica- 1F==============================="iIhie to business corporations underthe Arkansas Business CorporationAct of 1987.

Thus, even those provisionswhich were retained or re-enactedcontain some revisions--for exam­ple, Ark. Code Ann. §23-48-405used to prohibit holding companyacquisitions of bank subsidiarieswith de novo charters, but, underAct 408, that prohibition onlyapplies to Arkansas acquisitions,meaning non-Arkansas bank sub­sidiaries with de novo charters maybe acquired if the law of their homestate allows it. There appears to beat least some trend toward a consis­tent pattem of prohibitions in thisregard.

The limit on investment in a sin­gle operating subsidiary has beenincreased from 10% of capital baseto 20%. Bank service companiesmay now have non-bank sharehold­ers.

Investments which may be madewithout limits are broadened. Thelimit on some others has beenraised to 20% of capital base, and

Ii The ,Irlmas Lall}er Summer 19li

depth or breadth of their authority to soact.

The Code specifies, at Ark. CodeAnn. §23-47-203, the manner in whichdeposits which exceed the FDIC limitson insurance (such as deposits of pub­lic funds) may be secured by a pledgeof assets, and brings current the listingof types of deposits which may be sosecuritized. Further, the Commissioneris expressly empowered to add to thelist by regulation still other depositswhich may be securitized, to keep upwith changes in the industry. Prior 10

the adoption of this section, lawyersand bankers and public officials withfunds to deposit largely had to createtheir own structures for such a1Tange­

mellls. The bankers and the officials(of course) wanted the lawyers 10 opinethat the structures were effective. Nowall three have the statute to give themguidance and reassurance.

The Arkansas Reports regularly fea­lure cases involving squabbles overbank accounts. The Code makes itclear that, absent a court order or provi­sion of a security bond. banks mayignore claims 10 a deposit Ihal do notcorrespond 10 the conlract under whichIhal accoulll was opened. Officers,employees and directors now are liableif they knowingly payor aUlhorize anoverdraft, but not otherwise. Likewise,penalties for other violalions, such asoverlines, require that the violationhave been conscious. Loans whichwere legal when they were made cannolbe rendered illegal by subsequenlevents.

The Commissioner does have toapprove Ihe establishment and locationof any bank premises, but the head­quarters of a non-bank subsidiary maynow be located anywhere (includingoutside the state), even in local ions

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where a bank premises would be pro­hibited. Changes 10 the substantivelaws governing Consumer BankCommunication Terminals (CBCT's)are dealt wilh in Act 408, described inmore detail hereafter. The definitionincludes ATM's, bUI excludes Poinl-of­Service Terminals (POST's).

The Code seeks LO incorporatechanges in the law and also changes inthe financial services industry Ihal havedeveloped since the original Arkansasbanking statutes were adopled. It elim­inat.es or updates a number of antiquat­ed provisions. For example, personsare eligible for appointment as BankCommissioner at 30, instead of 35, andBank Department employees nolonger have to utilize only non-stalecharlered banks for their personal bankaccountS.

And, it attempts to correlateArkansas's banking laws with federallaw-for example, Ark. Code Ann.§23-47-502 simply adopts by reference12 U.S.c. 375a and 375b, dealing withloans to affiliates and insiders.Transfers or other changes in controlare dealt with in a manner which ismore like the federal Change in BankCOl1lrol Act, and annual filings are sub­stituted for immediale ones when thethreshold level of transfers occurs, forSEC-reporting companies.

It deals specifically for the first timewith truSI powers, at Ark. Code Ann.§23-47-IOI, establishing a system forapplying for a grant of such powers, forrelinquishing them and for exercisingthem. It also provides penalLies fortheir abuse, It also clearly establishesthat the traditional trust business is to

be conducted by banks on their premis­es, either by bank ("rust departments orby holding company subsidiaries. Thenew Code eliminates trust companiesother than holding company subsidiarytrust companies, and requires existingindependent trust companies to chooseto become banks, or upon failing to doso, to become ordinary business corpo­rations. Ark. Code Ann. §23-48-102.

However, the General Assemblyalso later enacted the comprehensiveArkansas Trust Institutions Act as Act940, which amends the Code. TheTrust Act creates and regulates (10 dif­fering extents) private and public trustinstitutions and allows the two existing

private trust companies to have a thirdchoice, which is to become one or theother of the new trust institutions cov­ered by the Trust Act. (Act 940 and theCode's trust provisions will be dis­cussed at greater length in the secondarticle.)

In the organization and operationssections, the Commissioner is givencomplete discretion to address divi­dends by regulation. The procedure forchartering ncw banks and paying incapital is set forth explicitly. In gener­al, the Code adopts by specific refer­ence the Arkansas BusinessCorporation Act, as to charter amend­menls, preemptive rights, cumulativevoting, mcrgers and consolidation, andotherwise, unless it specifically saysdifferently. For example, like businesscorporations, banks wil1 now be permit­ted 10 have authorized but unissuedshares. And, (absent a super-majorityprovision in a bank's articles of incor­poration) a simple majority vote of itsshareholders is now all that is requiredto approve extraordinary acts.

Banks will be allowed to operateunder fictitious names, where appropri­ate (usually in a branching situation,where there already is a local bank witha similar name). Limited liability com­panies are allowed to become bankholding companies.

The Code as a whole is simply morebusiness-like about banking, withoutsacrificing the safeguards that areappropriate to that industry, anapproach which is vital in the increas­ingly competitive financial servicesarena.•:.CHRIS BARRIER alld JOHN SELIGare members of the Lirtle Rock-basedfirm of Mirchell, Williams, Selig. Gares& Woodyard, PL.L.C. Barrier hasserved as chair of the Arkansas BarAssociation's Financial InstitutionsLaw Section and also its predecessor,the Banking Law Committee, as well asthe Real EstQte Section. Selig servedall the Governor's Task Force to Revisethe Banking Laws, chairing its BankPowers Commirtee. Each has over 25years of experience represeming finan­cial institutions. They previously co­alllhored articles in the ArkansasLawyer, all third party legal opinionsand also all municipal bond law.

We are proud to announce ournew members and associates.

Top Row, Members: Charles R. Camp, Hermann [vester, Stan D. Smith, Marsha Talley Ballard, MarshallS. Ney and Debby Thetford Nye; Bottom Row, Associates: Harry W Hamlin, Michelle S. Carney, John K.

Baker, L. Kyle Hejjley and Mark N. Halbert

Mitchell, Williams, Selig,Gates & Woodyard, p.L.L.e.

320 W. Capitol Ave., Suite 1000Little Rock, AR 7220 I

(50 I) 688-8800

130 West Central Ave., P.O. Box 64Bentonville, AR 72717

(501) 273-9561

2121 "K" Street, N.W., Suite 700Washington, D.C. 20037

(202) 347-4500

I! ne jr~mlJ LIMW SI••,r 1!!7

PROby Ted Thomas

The debate rages on the impacl ofteml limits.

Dimm: Term limits increases tile powerof bureaucrats alld lobbyisTS.Wif1: Iflerm limits increases the powerof bureaucrats and lobbyists, why dobureaucrats and lobbyists oppose termIimirs?Dimm: The framers of rhe constitutionconsidered and rejecrcd term limits.Will: Thefmmers also decided thar thepersoll who finished second in presi­demial electiolls should be vice presi­dent. bw we came lip WiTh a belle,. idea,which is why the Constitution providesfor amendmem.Dinun: The people thought they werelimiting the lerms of Congressmen, notof (heir stale legislators.Will: The reason we have term limits isbecause so many politicians don', thinkthe people knolV what fhey are doing.Dimm: Term limits increases the powerof the executive branch.Witt: Ask Governor Huckabee ahoUfthat.

This debate will rage for the foresee­able future, but the time has come tothrow into the fray a unique legal con­cept: evidence.

The primary responsibility of the leg­islature is to vote on measures before it,so there can be no bener evidence thanroll call votes. To identify correlationbetween length of service and votingbehavior, merely divide the roll callvote between the first teml representa­tives (freshmen), second term represen­tatives (sophomores), and third term ormore representatives (senior) members,who are serving in at least their thirdterm.

Issue selection is obviously critical.The issues I have selected meet the fol­lowing criteria:I. There was sufficient division in the

house so that a comparison ofvotes could be made. A unani­mous vote provides nothing tocompare.

2. The division was not based onregionalism, ideology or partyidentification.

to The ,Irhns!l I,allier Summer 199i

ARKANSAS TERM LIMITS

House: 3 two year tennsSenate: 2 four year terms

PRO/CON

TERM LIMITS3. There was broad consensus from

political commentators as to whichposition on the measure was in thepublic interest. When liberals(John Brummet and Max Brantley)and conservatives (PaulGreenburg) agree on an issue, acertain amount of public consensuscan be assumed. In the absence ofdetailed polling data, there is noother way to make a comparison.The first issue relates 10 the Arkansas

Ethics Commission. In the 1990 gener·al election the voters approved InitiatedMeasure No. I, which, among otherthings, gave citizens of Arkansas theright to file complaints about violationsof campaign finance law with theArkansas Ethics Commission. HouseBill 2272 amended the initiated act byprohibiting the filing of a citizen com­plaint within 30 days prior to the elec­tion. Given that a campaign financereport for the month of September isdue on the 15th of October, which fallswithin 30 days of the election, the prac­tical effect was to strip the EthicsCommission of enforcement of report­ing requirements from September Ithrough the date of the election.

Public commentary was uniformlyagainst this proposal, yet of the 100member House, there were 48 votes forit. Amendment 7 of the Arkansas con­stitution requires a two-thirds vote toamend an act initiated by the people, soit did fail by a substantial margin. "No"votes stated below also include thosevoting present and not voting, becausethe measure must gel the requiredamount of votes to pass, so any voteother than a "YES" vote operates as avote against a measure.

Divided by length of service, the voteon HB 2272 was as follows:

FRESHMANYes 7No 14

SOPHMOREYes 10

No 19SENIOR

Yes 31No 19

See House Roll Call Vote No. 1446,March 26, 1997.

Freshman and Sophomore membersreject the proposal by a large margin.Senior members approved of the pro­posal by a similarly large margin. Thefacts speak for themselves. To deny acorrelation is to deny reality.

A second issue related to youthaccess to tobacco. In its original formHB 1610, among other things, set outregulations on youth access to tobaccoand pre-empted local government frommore stringent regulation. The billmade it a defense against a minor inpossession charge that they received thetobacco from a family member, even ifthe other family member was a minor.The bill limited enforcement measures10 employees of retailers, and not theretailers themselves.

e../t lisa

g- horne

1J orke

Attorney at Law

·:·Appellate advocacy

125 East Township. Suite 3Fayetteville. Arkansas 72703

(SOt) 443-2249Facsimile (50 I) 443-80 I 6

E-mail alc@iso.net

Although reasonable people can dif­fer on the myriad of legal questionsregarding tobacco, broad consensusexists on questions relating to youthaccess, particularly when 89% of adultsaddicted to cigarettes began smokingprior to age 18. National HouseholdSurveys on Drug Use in the UnitedStates in 1991, Office on Smoking andHealth, Centers for Disease Controland Prevention. Once again, commen­tators with diverse ideologies opposedthe bill. An amendment was offered 10

strip the pre-emption language from the

bill, which would allow local govern­ments the option of funher regulation.The amendment was opposed by thetobacco lobby.

"NO" votes stated below also includethose voting present and not voting,because the measure must get therequired amount of votes 10 pass, soany vote other than "YES" operates asa vot.e against a measure. The vote wasas follows:

PRO/CON

TERM LIMITS

FRESHMANYes 15No 6

SOPHOMOREYes 17No 12

SENIORYes 22No 28

See House Roll Call Vote No. 724,March 7, 1997.

The amendment narrowly passed, thebill was sent back to committee whereit was further amended, and it did 1101

become law. It cannot be denied thai

the tobacco lobby's support was dispro­portionately greater among the seniormembers.

Although only two votes are dis-

cussed, the correlation is clear. I chal­lenge any opponent of tcnn limits toproduce voles which show the publicinterest is advanced by length of ser­vice, while stating your definition ofpublic interest.

The debate will continue 10 rage, andthe opponents of term limits, regardlessof what arguments they use, will almostalways be in or associated with the leg­islature. This is because its good toserve in the legislature, in the same waythat a glass of ice lea in the summertime is good, or fishing at sunrise onSaturday morning is good. Good in away that is more than mere self interest.

Service in the legislature is not theonly thing that is good. The uniquelyAmerican idea that no individual isindispensible is good. Same foraccountability and electoral competi­tion. And term limits. Term limits aregood for the people.•:.Ted Thomas is a lawyer and aRepresentative 111 the ArkansasLegislafUre.

•

Cross. Gunter. wHherspoon &

Ga]chus, pe. - Lillie RockJ. Bruce CrossRussell Gunler

carolyn B. \VilherspoonDonna Smith Ga/chus

SCOIIY ShivelyM. Slephen Bingham

Allen C. DobsonAbraharn w. Bogos/ausky

Robin Shively BrownRichard A. Roderick

J. Camille Williams

500 Easl Markham. Suite 200Lillie Rock. Arkansas 72201

150/) 37/-9999

Fax (501) 371-0035

Cross. Gunler. Witherspoon &

Galchus, P.e. - Fort Smilh

Hugo Swan. Jr.Ben 1-/. Shipley

Brunwick place, Suire 0101 Nonh 1Qlh Slfeer

Fan Smith, Arkansas 72901(SO /) 783-8200

Fax 150 /) 783-8265

ANNOUNCINGl1-IE ASSOCIATIONOF CROSS, GUNTER,WITHERSPOON &GALCHUS, PC.• Representing management in all areas of labor and employment law.

• Commercial litigation representing businesses. manufacturers. and

insurance companies in product liability, general liability and other

commercial matters.

• Representing healthcare prOViders in all areas

of law.

• Construction law and litigation representing

contractors on contracts and lien rigllts.

• Representing businesses and individuals in

immigration matters.

CROSS. GUNTER,WITHERSPOON &GALCHUS, P.C.

tl Thr Arkansas i,allJrr ~umtnrr 1997

CONby Martha Miller Harriman

ARKANSAS TERM LIMITS

House: 3 two year ternlSSenate: 2 four year ternlS

PRO/CON

TERM LIMITS

M. CHAD TRAMMELL

is pleased to announce that

University of Arkansas at Fayetteville

has joined the firm as an associate.

School of Law. He served as Chief of

associate with McKenzie. McRae,

Chad is a 1991 graduate of the

Jones. Jackson & Moll, PLC

Force Base. Chad most recently was an

Vasser and Barber in Hope, Arkansas.

Counsel for Labor Law at Barksdale Air

Force Base in Hawaii, and as Chief

with the adoption of tenn limits. thevoters have effectively hobbled the leg­islative branch of Arkansas govern­ment. especially Ihe House ofRepresentatives. and all they got inreturn is a guarantee that they'lI seenew faces at election time.

In December 1998. as this legislativetenn comes to an end and Amendment73 becomes fully operative. The Peoplewill lose eight centuries of institutionalmemory in the House ofRepresent3t ives. Let me repent that:The People will lose eight centuries-­800 years--of institutional memory.Rep. Barbara Horn from Foreman.should she be re-elected in 1998. willbe the most senior member of theArkansas House. She is a bright\I,.·om3n who brings a lot of life expcri-

501 182-7203

FAX SO I 7B2·9460

ROBERT L. JONES. JR.

RANDOLPH C.JACKSON

MARKA.MOlL

J. SCOTT HARDIN

JAY KUTCHKA

CHRIS1Y M. TOSH

40 I NORTH TTH STREIT

PO. BOX 2023

FORT SMITH. ARKANSAS 72902

JONES, JACKSON & MOLL, Ple

AdoPlion of Ihe Arkansas TennLimits Amendment was anattempt to reclaim lost power.

01 bad in theory. Especially if you'rea therapist trying to help the woundedheal. But if re-empowennent of ThePeople was the real objeclive of thesupporters. I fear (and I use lhal wordwith intention) their objective will notbe realized. and indeed Ihe power ofgovernment will be even furtherremoved from the voter and concentrat­ed in a less responsive bureaucracy.

Yes. I know. I'm a lobbyisl and any­thing I have 10 say ought 10 be viewedwith enonnous suspicion. If I'm COI11­

plaining. then it must be because thepower shift wrought by term limits is ashift away from me and my colleagues,and maybe that's reason enough to beall for teml limits. I will admit that thejob of representing my clients will bemarc difficult. Just how much remains10 be seen. But degree of difficulty isnot my reat beef. My real beef is that

ence, skill and dedicalion 10 the office.In January 1999 she will have 6 monthsof legislative lime under her bell as sheand her colleagues begin the 82ndGeneral Assembly. and as brighl andwell-intentioned as she and the othermembers will be. they will have linle oftheir own legislative experience to drawupon as Ihey deliberate. Policy issueswill be one thing, but putting together athree billion dollar (Ihat's a Ihree withnine zeros) budget which will lead usinto the new millennium will be anOlh­er thing altogether.

Some have said. "I think I'm a prettysmart person. and I don'l think I'd havea bit of a problem doing a great job as alegislator:' Perhaps. But pretty smanpeople need three laugh years of jawschool (0 be lawyers, and I've seenmore than one or two really smart peo­ple work in the legislative process foryears before Ihey became competenl. Ifa state representative stays in office thefull number of terms pemlitted by our

,--------------------------------, law. <II the end of his service in theHouse of Representatives he willhave roughly ninc months of aClUallegislative experience before beingforced 10 retire. Think aboul Ih",:that is only three months longerthan a typical employmenl proba­tionary period. Is il really soundpractice to terminate an employeeafter he has been on the job justlong enough (0 dClcnnine whetherhe can do it well?

So who will exercise thepower previously held by IheArkansas General Assembly. partic­ularly the House of Rep­resentatives?

Claims and Tort Litigation at Hickam Air -The Governor. That mighl be O.K.

if the CEO is knowledgeable aboutstate government. And granted, thegovernor is an elected official. Butthe govemor is still funher removedfrom the individual voter: one per­son Ci1l1 't be as responsive to twomillion constituellls as one can beto twenty thousand. And since thegovernor lives in Liltle Rock onSpring Street, not in Stamps orColter. he's nol likely to be asaccessible since you don '{ often run

" TillrLiIIJIIJ.!" SUmllr 199i

Office 501 397-2620Pager 501 396-2629

state government will not derail. I amtotally persuaded that changes in thestructure of state government requiredby Amendment 73 will not be animprovement. I've watched theprocesses of Arkansas govemmenl (andmedia coverage thereof) long enough 10

understand voter discontent. I'm justsorry that voters took the seductivepitch oftennlimits instead of doing theharder \York of being a better infonnedand more involved participant in thewhole process. -:-

Martha Miller Harriman is a lawyeralld a labby;st.

~~po BOX 191, SOUTHAVEN MS 38671

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of power that has existed between elect­ed officials and non-eleCled public ser­vants has been tossed aside with theadoplion of ten11 limits. and lhe scalesare now tipped more heavily towardthose who don't have to stand for elec­tion,

As the well-wom cliche goes. onlytime will tell whether any of what I'vesaid here will be validated. Andalthough I am confident that Arkansas

• 60 day guarantee

• Toll free support

• Since 1992

P.O. Box 61Redfield, AR 72132

into him at Ihe gas station. drug store,or church.'The Senate. At least they're elected.but the thirty-five members of the

enale are still further removed fromtheir constituents than members of theHouse since they have three limes menumbers of residenls who live in theirdistricts. And it won't be long beforethe Senate also will be weakened as aninstitution when the full impact of tennlimits are felt.•The Lobbyists. Those lobbyists whoknow the inner workings of state gov­ernment and who can develop strongrelationships with key bureaucrats willbe ahead of the game. but contraryto popular opinion, I don't think lob-byists will gain much leverage in theshift of power. Lobbyists still aren'tentitled 10 VOle on legislarive issues,make agency budget decisions, issueRFP's for government services, orhire or fire Slate employees.-The Bureaucrats. These are thepeople who run stare governmentday-to-day and who aren't electedby the voters. These are the peoplewho spend your $3.000.000.000 intax money. They are the ones who ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~tell the govemor and legislators how MOLLY PLYmuch money they need 10 do their INVESTIGATIONSjobs. And they are important jobs.like welfare refonn. educating all ofour children. making Medicaid ben­efits available 10 those who needthem. housing inmates in the slatepenilemiaries. running our institu­tions of higher education. and on Icould go. Right now we have legis­lators who know most (if not all) ofthe folks who are in charge of the

various departments of state govem- ~=============::::::::==============~ment. and know what these depart- JOHN T. BATES, P.E. 1-800-299-5950ments are supposed to be doing aswell as the resources available for Have recollstmcted over 3,000 accidellts ill 18 states illthem to do their jobs. We have leg- 25 years 0/1 highways, streets, railroads, highwayislators who have been around long collstructioll zOlles illvolvillg trucks, cars, pedestrialls.enough to know which areas of gov- Computer a/limations mId drawillgs prepared forernment have been efficient andthose that have not, and who have exhibits. "ACTAR" certified. Over 40 yearsbeen able to demand a liltle more engi/leering experience.accountability from those public TRAFFIC ACCIDENT RECONSTRUCTIONservants who don't have to answer AND10 the eleclOrate. Whatever balance EVALUATION OF HIGHWAY DESIGN

~l 11/ Irtmas IJIIJ" S,wo/r 19li

Photo by Dixie Knight

Jack McNulty,Our 100th President

By Stacey DeWillAbout five minutes with Jack Competing interests of increased

Mc ully and you gel the piclure. Allthose "c" adjectives start coming tomind, "character" "commilment"·'community." Sitling across thedesk in his starched white shin, coatand tie, ils nOI the McNulty unifoml,but his words and demeanor that letyou instantly know he is what heespouses, a lawyer thai still sees thepractice of law as a ·'privilege ratherIhan simply a way 10 make a living."

Unfortunately, the philosophy issometimes a fading sentiment. alleast among Ihe newly graduated bar.

! I Thr Irlmus tUIl.lrr SUOIOII'r 199i

competition and the cost and com­plexity of Ihe praclice makeMcNully's words seem quaint butpasse. But, he is firm in the convic­tion, another "c" word. McNultysays he would tell his daughterAllison and son Mark who are bothconsidering law school, '"don'texpect to get rich. Do the right thingand be true to yourself." Too bad Iheyoung among us didn't spend moretime learning at his knee and thoselike him. Fortunately, we have theopportunity now.

In fact. as a younger lawyer, lalk-

Arkansas BarFoundation

Dear Fellows and Friends of the Arkansas Bar Foundation:

It has been my honor and privilege to serve as President of the Arkansas Bar Foundation during

the 1996-97 year. The Foundation's mission to imptove the administration of justice has been suc­

cessfully accomplished through the tremendous commitment and suppOrt by Arkansas lawyers and

friends of the Foundation.

On the following pages you will read about the Arkansas Bar Foundation's commitment to educa­

tion, as clearly demonstrated through funding of law student scholarships and law school faculty

professorships. You will also learn about grants allocated for the year for numerous legally related

projecrs of important significance. This report recognizes Foundation Fellows, Sustaining

Members and Donors, all of whom have made funding for ptojects of the Foundation possible.

We are grateful to the many individuals who donated their time, talents and contributions to the

Foundation this year.

I am pleased to report that our Fellows Drive continues to be a successful one. As of this writing,

42 outstanding attorneys have become new Fellows of the Foundation during the year. Our 45

member commirree, led by Selection of Fellows and Membership Chair Rick Ramsay, is responsi­

ble for the successful recruitment of our newly designated Fellows.

During the previous fiscal year, the Trust Committee approved funding of an Arkansas BarFoundation Professorship at each law school to begin during this 1996-97 year. [n this report, we

recognize each of the two Arkansas Bar Foundation Professors of Law. I am proud to have been apart of one of the designation ceremonies this past summer.

As my term as President of the Arkansas Bar Foundation comes to an end, I reflect on the

Foundation's accomplishments since irs inception in 1958 and look with great anticipation and

hope toward irs continued growth and development in the years to come. My thanks to you for

the opportunity to serve this remarkable and worthwhile organization.

Sincerely,

e;J___W. Russell Meeks, IIIPresidentArkansas Bar Foundation

2

r

EIIOf the arkansas bar foundation

The Arkansas Bar Foundation was established in 1958 tosupport efforts at imptoving the administration of justice.The Arkansas Bar Foundation, which is classified as a taxexempt organization under Section 501 (c) (3) of theInternal Revenue Code, is a charitable organization with amission to promote educational, literary, scientific and char­itable purposes by applying funds to the Arkansas Bar Association and other corporations,truSts, foundations, funds and organizations which promote these purposes.

Foundation Objectives:I. To improve the administration of justice through legal study and

research, diffusion of knowledge of the law and continuing edu­cation of lawyers.

2. To publish and distribute addresses, reports, treatises and otherliterary works on legal subjects.

3. To acquite, preserve and exhibit rare books and documents,objects of art and items of historical interest having legal signifi­cance or bearing on administration of justice.

The Arkansas Bar Foundation funded the building of the Arkansas Law Center, located at400 West Markham, Little Rock, Arkansas, which has been the location of the Foundationand the Association since 1974. The building is wholly owned by the Foundation, but spaceis rented by UALR and other offices. The Law Center has a formal conference room which isfrequently used by lawyers from around the state for depositions and meetings. The openlobby area is a perfect site for receptions and larger meetings.

The Foundation is governed by an eighteen-member Board of Directors. The Board is com­posed of three lawyers elected by the Foundation members from each of the five bar districtsplus the Arkansas Bar Associarion President, the Immediate Past President of the Foundationand the Chair of the Trust Committee. The Officers of the Foundation are the President,Vice President, and Secretary-Treasurer, who are elected by the Board for one-year terms.Members of the Board are elected at the annual Foundation membership meeting.

The seventeen-member Trust Committee is composed of experienced lawyers who serve six­year terms. Two are appointed by each President and confirmed by the Board. Other mem­bers are the Foundation Officers and the Deans of the two Arkansas law schools. The TrustCommittee manages the Trust Fund to generate income for the good works of theFoundation. Only interest earned on the Trust Account is used. Aseparate operatingaccount pays the cost of running the Foundation.

Arkansas Bar Foundation 400 West Markham Little Rock, Arkansas 72201(501) 375-4606 (800) 609-5668

3

-

foundation_

For fiscal year 1996-97, rhe Arkansas Bar Foundation approved grants, scholarships and pro­gram allotments of benefit ro me profession and the public. Scholarships and projects of theArkansas Bar Foundation are financed mrough investment income from the tcuSt fund whichhas been built by contributions and Fellows' pledges and is used solely for the good works ofme Foundation. This illumation reAms allocations for me 1996-97 year.'

Awards/Recognition

Law-Related Education Programs

Foundation Merit Scholarships and Foundation Professorships

Special Projects Grants

Endowed Scholarships

--_...

-'The Arkansas Bar Foundation's fiscal year begins on July I of each year and ends on June 30.

commitment to EDUCATION

The Foundation contributes support ro me two Arkansas law schools. In addition to themany endowed named law school scholarships and the Arkansas Bar Foundation MeritScholarships awarded to deserving students at each school, me Foundation also approvedfunding in the tOtal amount of$21,350 in the 1996-97 trUSt budget for the following:Arkansas Bat Foundation Professotships; Law Student Moot Court Competjtion; and, LawReview and Law Journal writing awards.

Arkansas Bar Foundation Professor of LawRecently an Arkansas Bar Foundation Professorship was established at me University ofArkansas School of Law and me UAlR School of Law. One outstanding faculty memberfrom each school is selected ro hold this designation of "Arkansas Bar Foundation Professor ofLaw" and receives a salary supplement upon this designation. The criteria for selection isexcellence in teaching; excellence in scholarship in Arkansas Law; and, significant contribu­tions to serving rhe Bench and Bar of Arkansas. The Foundation is pleased to recognize meArkansas Bar Foundation Professors of Law:

Professor Armur G. Murphey, Jr., UAlR School of LawProfessor John J. Watkins, University of Arkansas School of Law

Other program allocations include funding appropriated for Law Day and Law WeekActivities for me Young Lawyers' Section and the Arkansas Bar Association and Arkansas BarFoundation Annual Awards. The Arkansas Bar Foundation Trust Committee, which admin­isters an endowment fund for me Continuing Legal Education (CLE) Department, approvedfunding in the amount of $9,000 to be utilized to off-set COStS for twO programs sponsoredby me Arkansas Bar Association Continuing Legal Education (CLE) Department - theBridging me Gap Seminar and a CLE Speaker Training Course.

4

1

SCHOLARSHIPS

Each year, the Arkansas Bar Foundarion awards approximarely 35 endowed law school schol­arships ro srudents ar rhe University of Arkansas School of Law and the UALR School ofLaw. In addirion, rhe faculty of each of rhe [wo law schools are alloned three scholatShips forstudents who show porential and who are deserving of financial award. These Arkansas BarFoundarion Merir Scholarships are funded by the Foundarion in the roral amounr of $7,500and have produced fine lawyw who otherwise may nor have been able ro afford the com oflaw school witham rhe Foundarion's assisrance.

Scholarship recipients are honored ar rhe Arkansas Bar Foundarion Mid-Year ScholarshipDinner. This year's dinner was held on January 10, 1997 ar rhe Pleasant Valley CountryClub. During the scholarship program, Foundarion President Russ Meeks also announcedrhe esrablishment ofa new endowed scholarship esrablished by rhe Barber Firm in honor ofGuy Amsler, Jr. and a new memorial scholarship esrablished by the family and friends of thelare Donald J. Adams.

University of Arkansas at Fayetteville1996·97 Scholarships

University of Arkansas at Little Rock1996-97 Scholarships

RECIPIENT

Elisa WhiteMelissa Whitehead

Joseph Ghormley

Cliffie ReedDavid Sterling

Mark HodgeStuarr Cearley

Chris TravisElisa While

Christopher HaysJanan Davis

Cheryl PinkertonKimberly Wilherspoon

Chrisropher HaysGina Cothern

Diane Schran HoJirikMonica Mason

Michelle CauleyJoanne Baldwin

Cherie McKnighrKimberly WebbMonica Mason

Melissa WhiteheadChrisry NaylorSherry Burnerr

Joseph GhormleyEllen Kwh

Valerie OwensJudge Henry WoodsArkansas Association of Women Lawyers

(in honor of Rmh Huskey Brunson)Arkansas Bar Foundation

(Merir Scholarship)

R.A. Eilbon, Jr,Judge John A, FoglemanFriday, Eldredge & ClarkJudge J. Smilh HenleyJustice J. Frank HolrJames H. Larrison, Jr.Edward LesterBrian MacMillanCot. CE. RansickRalher, Beyer & HarperRose Law FirmU.M, RoseHarry P: WarnerCR. WarnerBernard & Bud WherstoneRoxanne Tomhave Wilson

SCHOLARSHIP AWARDEDArkansas Bar Foundation(In honor of Sebastian Counry Bar,U.M. Rose, Mike Gorman &Edward L. Wright)Bogle-SharpJohn H. and Rmh H. Brunson

Eddie Mac GoldenJason Hendren

Charles Harmon

RECIPIENT

Paige SmithBruce Anible

Jennifer HocIde

Thayla PaimerBrian Henry

Mike Scorr CampbellEddie Lee

Nicole EmoenJoAnn Adcock

Denise McDanielJennifer Cameron Donaldson

Roberr Hayes JohnsonEdward Bennett

JoAnn AdcockJason Martinez.

Joel HillygusShane RaleyTim Tillman

Christine PfauJohn Talbot

Matt KimmelNeil Floyd

SCHOLARSHIP AWARDEDArkansas Bar Foundation(In honor of Sebas,ian Counry Bar,U,M. Rose, Mike Gorman &Edward L. Wrighr)Joe C BarrettBogle-SharpR.A. Eilbon, Jr.Friday, Eldredge & ClarkEdward LesrerJudge John E. MillerJudge William R. OverronCot. C E. RansickRather, Beyer & HarperThe Shackleford ScholarshipSmith, Stroud, McClerkin. Dunn & NunerJuS[ice George Rose SmithM. JefT Smrling'Judge Thomas Clark TrimbleCR. WarnerHarry P. WarnerBernard & Bud WhetstoneJudge Henry WoodsArkansas Association of Women Lawyers

(in honor of Ruth Huskey Brunson)Arkansas Bar Foundation

(Merit Scholarship)

5

special prOjectslilliil

The Arkansas Bar Foundation provided special ptojecrs grants totaling more than $30,000 tonine organizations or programs during the 1996-97 year. Funding for the following legally­related projects represents the Foundation's commitment to its educational and charitablemission to improve the administration of justice.

Dating Violence Awareness and Prevention VideoARKANSAS BAR AsSOCIATION, YOUTH EDUCATION COMMITTEE

Funding in the amount of $6,385 was awarded to the Youth Education Committee to pro­duce a dating violence awareness and prevention video entitled He Loves Me Not. A recentABA Domestic Violence Seminar highlighted the fact that women under the age of 30 are atmost risk to be involved in abusive or controlling relationships. The film will be distributedto prosecutor's offices, secondary schools, colleges and universities and through church youthgroups. Civil and criminal remedies will be described in the film.

Pro Bono Students America/SouthwestUNIVERSITY OF ARKANSAS SCHOOL OF LAw, OFFICE OF CAREER SERVICES

The Office of Career Services at the University ofArkansas School of Law received a $200grant to obtain a one yeat introducrory membership in the Pro Bono Students America(PBSA) placement network which is a pro bono placement resource. Through PBSA, stu­dents enjoy access to a nationwide database of over 16,000 volunteer public interesr and gov­ernment law student placements.

Your Living WillARKANSAS VOLUNTEER LAWYERS FOR THE ELDERLY

$2,000 was granted to the Arkansas Volunteer Lawyers for the Elderly (AVLE) program forpublication of 15,000 educational brochures entitled "Your Living Will." AVLE will supplythis information which outlines choices individuals have in regard to medical wishes shouldthey become rerminally ill or permanently unconscious. These brochures will be disseminat­ed to senior citizens, aging network agencies, funeral homes, local bar associations and othetintetested parties throughout the state.

Poverty Law Practice ManualWESTERN ARKANSAS LEGAL SERVICES

Western Arkansas Legal Services (WALS) received a grant in the amount of $1,225 ro pur­chase copies of the Poverty Law Practice Manual. WALS utilizes volunteer attorneys in serv­ing low-income clients with civil legal problems in Western Arkansas. A complimentary copyof the Poverty Law Practice Manual is provided to all attorneys who volunteer for the probono program. This publication serves as an important legal reference tool for attorneysassisting their pro bono clients with poverty law issues.

6

Poverty Law Practice Manual SupplementsOZARK LEGAL SERVICES PRO Bo 0 PANELAgrant in the amount of $2,966 was awarded to Ozark Legal Services (OLS) for the pur­chase of supplements/updates for the Poverty Law Practic( ManUll/. The Ozark Legal ServicesPro Bono Panel, a joint effort of Ozark Legal Services and the bar associations that exist infourteen counties in Northwest and North Central Arkansas, consists of volunteer attorneyswho provide high quality civil legal services to low-income clients. The 1997 Poverty LawSupplements, which will be distributed to all OLS volunteer attorneys, provide a useful, wellprepared legal resource tool and a source of education to update the manual which in turnassists the attorney in better serving his or her client.

Abogacia para la ComunidadCENTRO HISPANOCentro Hispano is a non-profit organization with a mission to serve the special needs ofSpanish-speaking people in Arkansas. The Abogacia para la Comunidad project is one whichseeks to improve the administration of justice by providing assistance that will fill the gap inlegal services for Arkansas' growing Hispanic population. The Arkansas Bar Foundationawarded Centro Hispano $2,000 to be used specifically for the Citizenship PreparationMaterials part of this project which includes purchase and production of forms, guides andcitizenship manuals.

Juveniles for JusticeARKANSAS BAR AsSOCIATION, YOUTH EDUCATION COMMITTEEPrevention is the focus of this current pilot project which is aimed at teaching youth theimportance of good citizenship in a civilized society. "Juveniles for Justice" places juvenilejudges, prosecutors and attorneys in classrooms to teach students first-hand about all aspeCtsof government and the legal process. A team of attorneys commit to teach on a scheduledbasis in civics classes throughout the year, utilizing curriculum prepared by the American BarAssociation. The Arkansas Bar Association received funding in the amount of $12,000 whichwill expand this project to school districts throughout the state.

Arkansas Capital Resou rce CenterThe Arkansas Capital Resource Center {now known as the Arkansas Death Penalty DefenseCoordinating Committee} is a not-for-pront organization which coordinates death penaltylitigation for defendants, by providing assistance and advice to private attorneys who willhanclle capital post-conviction litigation. $2,500 was allocated to the organization for 1997.

Conflict Resolution/Peer Mediation Guide for Arkansas SchoolsARKANSAS ALTERNATIVE DISPUTE RESOLUTIO (ADR) COMMISSIOThe purpose of the Arkansas Alternative Dispute Resolution (ADR) Commission is toencourage, promote and develop voluntary alternative processes through the state to resolvedisputes, cases, and controversies of all kinds. Funding in the amount of $2,400 will enablethe ADR Commission to print, compile and distribute to all Arkansas school districts a basicconflict resolution/peer mediation curriculum guide to be used as a beginning tool for teach­ing of conflict resolution skills.

7

James Trevster DykeB. Michael EasleyJohn C. EcholsWilliam A. EckertCharles H. EddyG. Thomas EiseleByron M. Eiseman, Jr.

• John D. Eldridge• Don R. Elliort, Jr.• George D. Ellis• John R. Elrod

WW Elrod, II• William H. Enfield· Srephen Engstrom

Roberr R. Esres• Gary L. Eubanks

Audrey R. EV1..DS

• Mike Everenundsey J. FairleyPhillip B. FarrisJackson Farrow, Jr.

• Oscar FendlerWilliam Lee FergusVictor A. Fleming

• John A. Fogleman• Julian B. Fogleman

Dan FordJohn F. Fomer, Jr.Charles Frierson, IIIRaben F. FussellW Dale GarrenM. Morrell GarhrightKatherine C. GayMartin G. Gilben

· John r GillMarion S. GillCharles J. Giroir, Jr.

• W. Dent Gitchd· Monon Gildman• An A. Givens, Jr.• Roger A. Glasgow

_ot the arkansas bar foundation

Outstanding lawyers in the State of Arkansas are invited to become Fellows of theFoundation. Upon invitation, a Fellow must contribute or pledge to contribute an amountdesignated by the Foundation Board. The current financial requirement to become a Fellowis a pledge of $1,500, which is payable over a three or five year period. Upon receipt of thepledge and initial payment, the attorney is designated a Fellow. After the pledged contribu­tion has been paid in full, the Fellow's picture will be displayed in the Hall of Fellows in theArkansas Law Center. This list represents the current 523 Fellows of the Foundation as ofApril 30, 1997. Those Fellows whose names are highlighted in bold are recognized as newlydesignated Fellows for the 1996-97 year.

Sustaining MembersPledge payments, scholarship contributions and other gifts are deposited into the Trust Fund.While investment income from the Trust Fund principle funds the charitable and educationalpurposes of the Foundation, a separate operating account pays for the day to day costs associ­ated with administering the Foundation. In addition to rent from tenants in the ArkansasLaw Center, a primary source of operating funds is through Sustaining Memberships. AnyFellow of the Foundation who contributes $50 annually may become a Sustaining Member.We appreciate the suppon of our 182 Sustaining Members. Names marked with a "*" repre­sent Fellows who were also Sustaining Members as of April 30, 1997.

Julius C. Acchion~ H. David Blair . Roben M. Ctarl(:y, Jr.Richard B. Adkisson James B. BI~r John S. Chwy, Jr.Charles Greg Alagood lim Boe Sandra Wilson Cherry

• Edwin B. Ald~rson, Jr. Paul R. Bosson Lawrence E. ChiStnhaLl, Jr.• H. William A1kn • Ted Boswell Bill S. Clark

R. Ben AJlen • William H. Bowen William M. Clark, Jr.• Guy Amsler, Jr. Edward Boyce W. Dane Clay

E. M. Anderson Wayne Boyce H. Murray ClaycombOvenon S. Anderson • Comer Boren, Jr. Hillary Rodham Clinton

• Philip S. Anderson Thomas M. Bramhall Ralph M. Cloar. Jr.• R. Keith Arman Ellen 8. Brander H. Howard Cockrill

Morris S. Arnold • William C. Bridgfonh Eldon F. CoffmanJess L Askew, III Bill W. Bristow Charles T. Coleman

• Virginia Atkirnon • Edward W. Brockman, Jr. • Robert C. ComplOnE. leRoy Autrty • Charles A. Brown John A. CooperLawrence H. Averill, Jr. Gerald Brown ' Barry E. CoplinDonald H. Bacon Roben L Brown Ben CortCarhon Bailey • Thomas E. Brown Nale CoulrerFrank H. Bailey • C. Bramley Buck • Michael H. CrawfordNancy H. B~ley C. Douglas Bufnrd. Jr. • James D. CyperrKennelh B. Bairn Tom A. Buford Roy E. DanuserCharle.s W Baker • Dale L. Bumpers Jim Darr, Jr.James P. Baker,)r. • Dan M. Burge Walu:rW Davidson

• Roy L. Baker. Jr. Larry W Burks • John A. Davis, IIIE.J. Ball Kevin R. Burns Sidney r Davis. Jr.William K. Ball Eldridge J. Buder • Raben T. DawsonRalph e. Barnhan Richard e. Buder, Jr. • J.e. DeaconW Christopher Barrier James A. Bunry Gerald L. DelungBen T. Barry F. Wilson Bynum. Jr. Roberr L. Depper. Jr.Sherry r Bartley • John R. Byrd Jay W. Dickey, Jr.David F. Banon RichardJ. Byrne Edward B. Dillon, Jr.Raben Banon Roben D. Cabe • WG. Dinning, Jr.Samuel R. Baxter • John C Calhoun, Jr. • Philip E. DixonR.T. Beard. III Worrh Camp, Jr. Roberr E. DodsonMike Bcrbe • George E. Campbell Roberr r DougherryJoe D. Bell • Claude Carpenrer, Jr. Darrell D. DoverPaul B. Benham, III Thomas M. Carpenter Ted N. Dr:lkeSanford L. Beshear, Jr. Phillip Carroll • Winslow DrummondEdgar E. Berhell Daniel R. Carrer . limothy 0. DurIJeySam N. Bird Jean T. Urt.r Phillip J. DuncanEric W Bishop • Paula J. Casq Winford L Dunn

8

)

• David M. GloverChari" S. Goldberger

• .rhan G. Gorrlon• Alben Gm", Jr.

Alben Grnes, Sr.John R. G"v"K'nhlyn G"ves

, J. W. Grttn, Jr.• john C. Grtgg

Ridwd E. GriffinRon.Jd L GriggsMarl< W Grobm!"rWayne GruberMich,,1 E. H.J,Mil" H. H.J" IIIJohn T. H.lry, Jr.

• O. Wrnd,1I H.JI, Jr.Don F. Hamilton

• Donis 8. HamiltonHerman L Hamihon, Jr.W P. HamiltonJrffrry E. H",,,,Stuan W. HankinsJohn T. H2rrIinPH. H,",inD'ni<! M. H..p.John . HarI<ry

, 0.00 K. H"1'Sarry W. H2fTdl, Jr.Eugene S. HarrisJ2m" E. HmisS. Rrid Hurod, Jr.

, John T. H"kins· Richard Harfield

William D. HaughtClaude S. Hawkins. Jr.M. 5,,,1, H.ysLo"ur Hendricks

, J. Smi,h HrnlryDon.Jd H. H'nryRoben W HrnryE. H. H"rodS2m HilburnEo Kent Hinch

• Rich.rrl W. HobbsWilli.m H. Hodgto.vid A. HodgesHrnry Hodg"K20ru"r Hodges, Jr.Conis E. Hogu'

• Cyril Hollingsworth· Don Hollingsworth

Bill R. Holloway• }2Ck W Holl, Jr.• Robert M. Honea• Jenniffer M. Horan

Roben E. Hornbe'];"rPhillip D. Hou,Dororhy Y. HowwlEJ. H"",II, Jr.

, W M", H""..JID. Mich..l Huckab.2y

· aint Huey· Annabt:Ue Clinton Imbe:r

1Und.J1 W. Ishm.dHemwln h"CSterDon.Jd T. J.d<, Jr.John H. J.cksonAlston Jennings, Jr.

· Alston JenningsB"dlry D. JcssonJohn M. Jrw,1I

· W Horace Jewell· Glenn W. Jones, Jr.

M. S.mud Jon", IIIRoben L Jon", Jr.Roben L Jon", IIIW. Wilson JonesJirn L JuWn

, Eug<n' Kdlry· Willi2m H. Krnnrdy, III, J.L Kidd, Jr., Judson C. Kidd

Mjma C. KiJgorrJohn N. Killough

, Josq>h E. KiI!"trick, Jr.Warren O. KimbroughMil2m Mikr Kin.rrlDon.Jd K. KingH.rold L. KingKnox B. KinneyJohn S. KittermanPeter G. KumpeH. Baker KurrusRrgirt2 W LaidlerSr2nlry R. Langlryo.vid N. 1.as<rS2m 1.as<r

· John T. Lavry, IIrr A1kn Laws, Jr.

Ld",d E lr2rh,nn",Ch.rl" R. Lrdben"Thomas D. l...edbrnerRoben A. LdIarRoben BLrfluMarkham LesterStark LigonG.ry E Lil"Ruth LindsryW. Kirby J.ockh2fTAoyd J. LoftonJ. Hugh Loobdoo, Jr.Edwin L Lowther, Jr.

• P,try W LuekrnJ2m" M. LulTm'"

, Di"" S. MmryAnhur R. MacomEdwud S. M.ddoxPhil M.JcoroHowml L ManinRich.rrl L Mxrtin

· William A. MartinMichae:l H. MashburnTerry L MathewsCharles D. ManhewsDavid R. Matthews

· Stephen A. Matthews, Ron.Jd A. M.y• S. Hubert M.ys, Jr.

Rich,", L. M.ysRobin L MaysEugtne J. MazzantiH.JI McAdann, IIIH,rbrn H. McAd.ms, II

, A. D. McAllist", Jr., Ausrin McCxskiII

Jxmcs E. McCI.m, Jr.H.yes C. McClrrkinSidnry H. McCollumEd W McCorkl,Bobby Mco.nidLucindx Mco.nidHarry Eo McDermon, Jr.Roben McH,nryMarcia Mcivor

· James H. McKenzie• J.m" A. Mclarty, III

James Bruce McMath

, Phillip H. McMathSidnry . McM.rhTonry D. McMillan

, Jm A. McNulryD.LMcR..

• Russ MrrksD.oo EMrnzWilliam . Miller, Jr.H. Mxuricr MirchdlMich..l W. MitchdlEdwud O. Moody

, J.m" M. MoodyCharles Mooney

, Dcwry Moo", Jr.· Harry Truman Moore

J.m" L Moo", III· James W. Moore

John B. Moo", Jr.Mirch,1I D. Moo"Rich,", N. Moo", Jr.Chxrl" A. MorgatlSlrph,n E. MorlryKrnneth R. MounonRosalind M. MouserWm. Kirby MousrrLa: J. MuldrowB2fT G. MullisWalter A. MurrayRich.rrI S. MusrC. B. ",cr, Jr.Ronald G. anmorrWilliam ashE. Shdlidd NdsonCh"l" R. N"rrudDavid NewbernGeorge H. Niblock

• W.J"r R. NiblockWyck Nisbet, Jr.R. Gary NuuerMikr A. O'Bri,nBobby La: OdomConr2d T. OdomRich.rrI POsborn,Thoro'" L (h~rbry

Chxrles C. Ower>William LOwenMichxd O. P2rlrrrG,rl2Od P P,nrn

icholas H. PanonWiUiam L Pauon, Jr.Rich.rrI L PrrlEdward M. PenickBill PenixSamuel A. P(rroniDonna C. PetrusE. lamar PetrusNorwood PhillipsGco'];" E. Pik" Jr.John M. PinmanChul" E. Plunk",Odrll PoII.rrIo.vid M. I'<M,IJDon.Jd E. Prrv.JI"Williaml.P~t

N. I),j, Pri",o.vid H. PryorThom" B. Pryor

, Don.Jd C. PuIIrnSteven W. QuatdebaumJohn W. Rxin"Michad R. Rainwater

· Louis L Ramsay, Jr.• Richard L Ramsay

C.E. Ransick

9

Brian H. RatcliffGorrlon S. Rath", Jr.

, J. Thom" Ray, trphfn M. Rruon", o.vid Rres

Rich.rrl A. RridJxmcs R. Rhodes, IIIarn E. Ri",Elton A. Rirves, IIIRich.rrl W. RoxchrllM.rk Roberts

usanne RobertSH. Clay RobinsonRoben L Robinson, Jr.Spencer F. RobinsonJudith Rogm

, Ch"l" B. RoscopfCh"l" D. Roscopf

· Louis RosenJ,IT M. Rosennv'igRoben D. RossRoben R. RossBr><rly A. Rowl",Elsijane T RoyKrnt J. RubensH,rbrn C. RuIr, IIIDon.Jd S. RY'"j.E. Sand'nAla G. Sandersono.n if! K. SdridllerEugtne L SchiemerDon M. SchnipprrI"" A. Scon, Jr.Leonard L. SeonMary Davies ScottF"nk B. SewallDennis L Sh.ckIeforriJohn M. Sh2CkJ,ford, Jr.John K. Sh2mbu'1ler

• J2m" B. h"1'H.rold Sh.rpr

· Srrphrn M. Sb.2mm, J. L Shxvrr, Jr.

J. Michxd Sh.xwKrnnrrh R. ShrrninWilliam F. ShermanScotry Shivdy

· Robert ShuluHxrold H. Simpson, II

• James Marlon Simpson, Jr.J.d< Sims

, Ted C. SkokosRodney E. SlarerHoward L Slinkardarrl A. Smirharrl S. SmirhDon.Jd H. SmirhDougl" O. Smith, Jr.Griffin SmithLaura H. Smith

• Ray S. Smirh, Jr.Robert D. Smirh, III

, William j. SmirhFr2nk Snrllgrovr, Jr.

, 0.00 SolomonThorn" E. SpxrksJ2m" V. Sprn",r, IIIJames D. SpronRoy E. Sr2nlryWilton Eo StetdGale B. StcwanJran D. Srockbu'E'rWilliam M. Srocks

• Thomas S. Stone

O.H.Srorry,1II• Thomas S. Suttunan• Leonard P. Striekman

Josq>h A. Suod,, John E Stroud, Jr.

P,ul Sullins· William H. Sunon

1imothy R. TarvinRrx M. TrrryWiIli2m L TerryMarvin D. ThaxtonHoyt Thom"John R. lisd.J,

, Win A. Tr2lforrlRoben D. TrammellWilliam H. Trice, IIIN. W.lIs Trimbl,Jim Guy TuckerOris H. TurnerEdgu J. Tyler

, Frrd S. Ursrryo.vid B. V",d''1lrilT

· A. Glenn Vassc:rRobert C. ViuitowEddi, H. w..Jker, Jr.WJ. W.JkrrJ.m" R. WaIJx",Larty C. W.JIx",G. Chris W.Jth.J1

, C. R. Wacoer, Jr., John J. W.rkins

Frank L Warson. Jr.John Dtwey Warson

· 1imOlhy F. WalSOn, Sr.Royce Weisenberger, Sr.James E. WestIkmard WhetstoneBud B. WhelStoneF"nk B. WhirbeckF""k L WhirbeckChris E. Williams

, Rich.rrl A. Willi,,",, Roben H. Willi,,"s

W. Jm William'; Jr.· J. Gaston Williamson

R.Jph E. Wilson, Robert M. Wilson, Jr.• Willi2m R. Wilson, Jr.

Russell B. WinburnTeresa M. Wineland

· Carolyn 8. Witherspoon· Tom D. Womack, Hrnry Woods

Jor D. WoodwudRichard H. Wootton

, Robrrt R. Wrighr, III· SUWl Webber Wright

Terry F. WynneW. Kdvin WyrickDamon YoungE1iubrth G. YoungH. o.vid YoungPaul B. Young

IIiIThe Arkansas Bar Foundation acknowledges with grateful appreciation the receipt of memorial gifts,scholarship contributions, honorariums and other donations to the Foundation during the 1996-97year. This list represents gifts, not including pledge payments, received from July 1, 1996 throughApril 30, 1997. We thank you for your support.

Acxiom Corporation Hardin, Dawson & Terry Law Firm

Beryl F. Anthony, Jr. Fred H. Harrison

Arbnsas Trial Lawyers Association Mr. and Mrs. J.E. Hathaway, Jr.

Roy J. Baker, Jr. Danny and Mary Hickman

&roer, McCaskill. Amsler, Jones & Hale, rA. Hucbbay, Munson, Rowlen & lilley, PA.

Barber, McCaskill, Jones & Hale, P.A. Ndson and Susan Huey

Judge Judith R. Bearden Catherine Hughes

Ray and Natalie Ikrnard Judge Annabelle Climon Imber

Mark and Sherri Billings Dr. and Mrs. Roben H.)ames

Donald E. Bishop Michael E. Kelly

H. David Blair Mrs. Buddy King

Joyce Bobbin Burl !Gng

Mr. and Mrs. Jack Bolls Duane and Karen Knight

Mr. and Mrs. William H. Bowen Janna R. Knighl

Dan R. Bowers Thomas and Deborah Knox

Joseph Ltt Brown Pc:rer G. Kumpe

James A. Bunry Legal Srrategies, LC.

Mr. and M~. Jerry D. Campbell M~. Roben Light

Capir:U Universiry William F. Ligon, Jr. and Family

The Cashion Company, Inc. Col. and Mrs. William A. Martin

Kerry Land Rebro:a Caveness Elizabeth C. "Betty" Matthews

Ardell Clark Judge Robin L M,Y'

Mr. and Mrs. Bill Clark Mr. and Mrs. Robert S. McCord

Mr. and Mrs. H. F. Collins, Jr. Carolyn McPherson

Mr. and Mrs. Robert Compton Judge Carl B. McSpadden

M. Gayle Corley Mr. and Mrs. Tom Milburn

William L Cravens Judge James M. Moody

Mr. and Mrs. Oscar E. Davis, Jr. Frank and Carolyn Narramore. Sr.

Mr. and Mrs. Jack C. Deacon James and Fern Nicholson

Thurston and Catherine Roach

Ramona Roe

Dennis L Shackleford

Dougl" O. Smirh, Jr.

Dr. and Mrs. Harris Lake Smith

Kenneth R. Smith

Mr. and Mrs. William J. Smith

James D. Sprott Law Firm

Lane and Judy Strorher

Judge John and Marietta Snoud, Jr.

Mr. and Mrs. William L. Terry

Nadine upon

Union Pacific Railroad

Walker, Campbell, Campbell. PLC

Jack, Mary and Leona Walker

Whire.RodgeIl Division, Emerson Elecnic

Company

Wilcox Group

Mr. and Mrs. Robert H. Williams

Judge William R. Wilson, Jr.

Joe W. Wimbetly

Wright, Chaney, Berry & Daniel, P.A.

Judge Ernie E. Wright

Dr. Roben R. Wright

Mr. and Mrs. Bennert Wood

Steve. Linch and Jeff Wood

Judge Henry Woods

Younes Law Firm

Paul and Marctlla Young

E.B. Dillon, Jr.

Mr. and Mrs. Winslow Drummond

J.E., Jr. and Lema Dunlap

Judge John A. Fogleman

Mr. and M~. John r Gill

Judirh Gray

Vivian Gutensohn

Mr. and M~. Charles C. Hall

Ann H. Nicce

Ford and Stephanie Ovmon

Warren and Heather Overton

Mr. and Mrs. Charles N. Oxford

Jerry A. Pinson

S",h M. Polk

Rebsamen Jnsurance

Ken Reeves

10

recognizi ng EXCELLENCE

1997 Annual AwardsThese awards are given jointly by the Arkansas Bar Foundation and ArkansasBar Association and presented at the Arkansas Bar Foundation Fellow'sDinner during the annual bar meeting in Hot Springs.

Outstanding Lawyer AwardDAVID "MAc" GLOVER, MALVERN

Given in recognition of excellence in the practice of law and outstandingconrributions to the profession.

Outstanding Lawyer-Citizen AwardHENRY HODGES, LllTLE ROCK

For recognition of outstanding participation in and excellent performance ofcivic responsibilities, and for demonStrating high standards of professionalcomperence and conduce.

C. E. Ransick Award of ExcellenceSIDNEY H. MCCOLLUM, BENTONVILLE

Given in recognition of extraordinary service to the legal profession.

Outstanding Local Bar AssociationCRAWFORD COUNTY BAR AsSOCIATION

PULASKJ COUNTY BAR AsSOCIATION

SEBASTIAN COUNTY BAR ASSOCIATION

Recognizing outsranding acrivities which enhance the position and standingof the legal profession.

Behind the scenes of the Foundation's accomplishments are a

group of lawyers diligently working. This remarkable group

of volunteers, compnsed of the Officers, Boar 0 trecrors,

mirrees, deserve recognirion for their tireless efforts in fur­

thering the Foundation's goals. Thanks and appreciation are

extended to the many individuals who volunteer their time

and expertise by serving in these various roles.

"fiJe (Olllents oj tim report reflect 'lrtl/liNeS ofthe Arkill/sas Bill' FOlllldatiollfrOIl! Jilly J, J996 throllgh Ap. il 30. J997.

11

1996-97

Board of Directors

OfficersPRESIDf..\'T

Russ Meeks, Litcle RockVICE PRESIDEm"

A. Glenn Vasser, PresconSECRETARY-TREASURER

James O. Sprotl, HarrisonEastern Bar District

1997 Mike Everetl, Marked Tree1998 Don~ Hamilton, Pmgould1999 Bobby McDaniel, jonesboro

Western Bar District1997 Eddie H. Walker,jr., Fort Smith1998 Martha Miller Harriman, Van Buren1999 David K. Harp, Forr Smith

Central Bar District1997 Paula J. Casey, Little Rock1998 Richard A. Williams, Litcle Rock1999 Russ Meeks, Little Rock

Southern Bar District1997 A. Glenn Vasser, Prescotl1998 Worth Camp, EI Dorado1999 Ed McCorkle, Arkadelphia

Northern Bar District1997 MOflon Gitelman, Fayetleville1998 james D. Sprotl, Harrison1999 David Matthews, Rogers

Ex-OfficioCharles B. Roscopf, Immediate Past President, Arkansas Bar Foundatio~

Paul B. Young, Chair, Trust CommitleeHarry Truman Moore, President, Arkansas Bar Associarion

Arkansas Bar Foundation Committee ChairsTRUST BUIUOI~G

Paul B. Young David Solomon

1~~'ESTMf1',T

james B. Sharp

AcorrThomas Overbey

AWARDS

Russ Meeks

SELEOlON Of FELLOWS & MEMBERSHIP

Richatd L. Ramsay

Foundation StaffAnn Dixon Pyle, Executive DirectorJoyce Bobbitt, Administrative Assistanr

SCHOlARSHIP

Frederick Ursery

SPECIAL PROJECTS

Stephen M. Sharum

WRfllNG AWARDS

Victor A. Fleming

Above: The McNIIII)'s ill frolll of Iheirfavorile historical mural ill (/owlIlownPille l3Iuff.Lefl: Jack and MOllfine McNulty at hOlllein Pine Bluff, Arkansas

ing 10 him I found myself beginning tobe persuaded by the nobility and

remembering some of the character­building moments in my teens. As heunassumingly answered my questions, a

favorite poem kept running through mymind. This is Ihe guy, I Ihought. It's

Rudyard Kipl ing's "If' in the nesh. Mymother gave me a copy when I was exit­ing adolescence. When McNulty leftthe room for a brief moment during ourconversation. I asked his wife Montineif she had heard of it. Turns out, it's ournew president's favorite, and like mymother he had gifted all three of hischildren with a copy.

Though written in 1936, Kipling cap­tures Mc ulry in the rhyme starting

with the first line. Kipling begins,

"If yOIl can keep y01l1' headwhen all abolll you are losingtheirs and blaming it on you."

McNulty's wife of 30 years said in a

moment when he was beyond hearing,"If things are falling aparl, Jack is whoI want 10 be in Ihe middlc. He is goodin crisis." MOllline, who reared threechildren, SCOIl, 26, Allison, 22, andMark, 18, with McNulty, admires hisabilily to "listen and analyze." She reelsoff his positive traits without pause,calling him "a good leader who doesn'tdo anything halfway. Jack knows how10 facilitate," says Montine, "He has agood sense of people and is able to drawon Iheir strenglhs. He is good at takingcare of delails, but also has thaI abilityto look at Ihe big picture and plan."

Kipling writes,"If yOIl can make one heap ofall your winl1ings And risk iton one turn of pitclt-and-Ioss,And lose, and starl again alyour begi/lnings, And lIeverbreathes a word abol/t YOllr

loss:"McNulty says attorneys musl learn 10"take the losing and the winning. Thepractice should boosl self-esteem." Andthroughout the interview, the poetic par­allels continue.

McNulty is an old school lawyerpracticing at the firm of Bridges,Mallhews and Drake PLC since 1974.He calls himself "extremely lucky 10 bein the profession" and finds his lawpractice "challenging," giving him theopportunily to "help people resolveproblems they can't resolve them­selves:'

His attraction to challenge and abilityto plan will serve him well during thispresidency. McNulty takes office in IheArkansas Bar Association's centennialyear. His vision for the 100th year is toplan a "celebration of professionalismin the practice of law. I want 10 see lhe

progress already in place continue togrow and prosper," says McNulty. "The100th anniversary is a bridge from thepast 10 the fUlure. We have lost a 101 of

our past focus on professionalism. Wedon', want the trade part of Ihe practiceto overwhelm us in the future."

McNulty brings to the office anadmirable record of being able to imple­

ment his themes of planning, bridge

IFRUDYARD KIPLING

If you can keep your head when all aboutyou

Are losing theirs and blaming il on you;If you can trust yourself when all mendoubt you,

But make allowance for their doubtingtoo;

If you can wait and not be tired by wailing,Or, being lied aboul, dan', deal in lies,

Or being hated don't give way to hating,And yel don't look 100 good, nor lalktoo wise;

If you can dream-and not make dreamsyour master;

If you can think-and nol make thoughtsyour aim.

If you can meel with Triumph and DisasterAnd treat those two impostors just Ihesame:

If you can bear 10 hear the truth you've spo­ken

Twisled by knaves 10 make a trap forfools,Or watch Ihe things you gave your life 10,

broken,And SlOOp and build'em up with worn·out lools;

If you can make one heap of all your win­nings

And risk it on one tum of pitch-and­lOSS,

And lose, and sian again at your begin.nings,

And never breathe a word about yourloss:

If you can force your hean and nerve andsinew

To serve your tum long after they aregone.

And so hold on when there is neither in youExcept the Will which says to them:"Hold on!"

If you can talk with crowds and keep yourvirtue.

Or walk with Kings-nor lose the commOlltOllch,

If neither foes nor loving friends can hunyou,

If all men count with you, but none toomuch:

If you can fillihe unforgiving minuteWith sixty seconds' wonh of distancerun,

Yours is Ihe Earth and everything Ihat's inii,

And-which is more-you'll be a Man. myson!

tl ne .Irlmas I,all)rr Summer 199i

building, and progress. His sense of"paying back" is exemplified in theleadership positions he has held in thecommunity as, among other, ArkansasAlumni Association President and amember of the Board of Directors forboth the Pine Bluff and ArkansasChambers of Commerce. McNulty hasserved the Arkansas Bar Association asChair of the Executive Council, Chairof Jurisprudence and Law Reform, anda member of the House of Delegates,and that is just the short lis!.

But most importantly, McNulty

allowance for Iheir dallblingroo: Ifyou can wait alld 1101 betired by wailing, Or, being liedabout, do,,', deal ill lies, Orbeing haled don't give way 10

haring, And yel dOli" look toogood. 110r fOlk (00 wise;"

As OUf profession grows up in a soci­ety thaI seems bent on "doubling" us,we need leaders who as Kipling says

"COl/ fill Ihe IIl/fargivil/gminute Willi sixty secondsworth of distance rUII"

because only then

JACK MCNULTY

AWARI>S

1984 &1985Golden Gavel Awards as Chair of theJurisprudence & Law ReformCommittee

1990Golden Gavel Award as Chair ofLegislative Procedure

1995Charles L. Carpenter Award

RECENT ARKANSAS BAR COMMrrTEEs

1992Charles L. Carpenter Award CotTIm.In-House Corporate CounselLegislationHealth LawJurisprudence & Law ReformLaw Practice Management

1993Long Range PlanningHealth LawLaw Practice ManagementJurisprudence & Law RefonnLegislation

E

~~ 19941; Jurisprudence & Law Reformo Health Law

20.-Task Force on Comminees & Sections

Abo-'e: Jack and Monrine McNulty 011 the deck of their home.

At Right: Tile McNulty family gatllered for a rare family plloto during f/ie 99111 AI/filialMeeting in HOI Springs. Tiley are. clockwiseMark. Scott. Jack. MOllfine and Allison.

brings to this presidency the example ofhow 10 incorporate with reverence theold values of the first century as we

move 10 the second. As our professionmatures, he can help ease the some­times painful growth spurts from ado­lescence 10 adulthood because he haskept the faith.

In our recenl past. attomeys havetaken some licks. Still, McNulty seemsuntouched. When asked about thegrowing discontent among allorneyswith their chosen careers, McNultyresponds, "Those who aren't happy inthe practice should do something else.We should not be asking how muchmoney are you making, but how is yourfamily and how are you doing in thecommunity." Again the poem comes to

mind. Kipling pens,"'f )'011 call frIlSf )'ourselfwilenall mell dallbl you, bill make

"Yours is file Earrll and e\'el)'­

filing thar's in if. And-which ismore-you'" be a Man. mySOil!"

In this centennial year, McNully willhopefully sprint with us toward man·hood. Every lawyer, man or woman,should sign up for the run .•:.

Stacey DeWifl is the Arkansas BarAssociarion Lobbyist and MediaCOllsulwlll.

1995Health LawFinance CommitteeJurisprudence & Law RefonnTask Force on Committees & SectionsLegislation

1996Jurisprudence & Law ReformLegislationTask Force on Committees & SectionsCharles L. Carpenter Award Comm.Finance

1997Legislation

~l Thr .\rtaRm I.a\\ rrr Summrr 199iPhoto by Cindy MomchiloY

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Telephone: (501) 370-9192Telefax: (501) 370-9373

Official Directory of the Arkansas Bar Association"Your Blue Book of Attorneys - Since 1935"

Names, addresses and telephone numbers for virtually all of the legal community

The Table of Contents includes the following:

Arkansas Bar A..oclationU S Government

Executive Branchlegislative Branch

us SeMtor.U S Repr•••ntlltlvea

Judicial Bl'llnchU S Supreme CourtU S Courts of Appeals

Eighth Circuit (ARt lA, MH, MO, HE, NO, SO)U 5 Court 01 App..'a - Federal CircuitU S Court 01 App.als tor the Armed Forc••U S District CourU JurisdictionsU S District Courts

E••tem District of Arkan'"W••tam District 01 Arkan•••

U S Bankruptcy CourtsE••tam " W..tern DistrictsFIling Offlc••

U S Probation OttlcaElltem Dlatrlct ot Arkan•••W,.tam District or Arksn...

U S Court 01 Federal Claim.U S Court of IntamlitloNlI TradeUS Tax Court

OapllrtrMnt of Health" HUrNln SeNte.. Region 8OapartnMnt of Intarlor

Bur.au of Indian AffairsOapllrtment of J~t1c.

Attorney GaneralAntitrust DivisionDrug Enforcement Adminlstntion N.. DrlMns DivisionFederal Bureau of InvestigationFed.ral Bur.au of Prisons South Cent,.1 RlIglonImmigration" NaturalizatIon Service Eut.rn RlIglonUS Anorner,"U S Mlrsha s S.rviceU S Tl'Ullt•••• OMc., Region 13

Dep.rtment at LaborOttlc. ot Worker's Compenutlon Program.Occupational SaNty and .....m. AdmlnlllttaUOn

Department at Tre.suryBureau of Alcohol, Tob.cco and ArearmsInl.mal R.venue Stirvlc.Inl.mal R.venue Service, Mldstate. RegionInlernal R.venue Service, AR-OK DistrictU S Customa Service, Gull CMC

Department of Veteran. AffalraSocial Security Admlnlstr.tion. Region e

TIme 20nes and relephone Area Codes MlpSchools of LawArkaInua Stale Government

Executlw Office,..General Assembly

SeMtoraHouse of Representatlws

Stat. Agencle.Attorney General's OfficeArkansas Code Revision CommlllionDepartment of Corrections

Taxation Departments

Internal Revenue Service, AR..QK DI.trictDepartrrHtnt 01 Anance " Admlnl.tntionArkans.s Public Service Commlulon

Court Section - Arkan..sSupreme CourtCourt 01 AppealsAdministrative Office of Ihe CourtsJudicial Discipline" DI..blllty Commls.lonCircuit CourtsChancery CourtsJuvenile CourtsProbale CourtsCounty CourtsCourts 01 Common P1..sMunicipal CourtsJustices 01 the PeaceCounty Quorum CourtsCity Courtsponce Courts

ProleuloMI Auoclallon.American As.oclallon of Law Ubrarle.American Bar AssoclallonAssociation 01 legal AdmlnlstnloraAuoclatlon 01 Reportars of Judicial DecisionsA.soclation 01 Trial Lawyers at Americalegal As.l.tant Mlnagament A.soclationlegal Secretaries IntematioMI. Inc.Nallonal Auoclation of C,lmlnal o."n.. LawpnNallonal Association of legal Assistants, Inc.Nallonal Association of legal SecretariesNallonal Association of Women LawyeraNallonal Court Reporters AlloclatlonNational Federation 01 Paralegal As.oclatlonaArkan Auoclatlon 01 legal Secretarle.Arkan Alloclatlon 01 Women LawyersArkan Bar Assoclallon

Executive CouncilBar DistrictsStoffHouse 01 OelegalesSection OfflcersStanding .. Special CommitteesArkansas Bar FoundationArkanus IQLTA Foundation, Inc.Arkansas Law Review" Bar A.socletion JournalArkensas Volunteer Lawyers for ItM Elderlylocal " Specialty Bar AssociationsCalendar of Events

Arkansa. Prosecuting Attorneys AssociationArkansas Tria' Lawyers Association

Arkans.s County MapCity-County UstAttorney Alphabetical Roster StatewideArm Alphabatlcal Rosier StalewldeAttorneys, Roster by County. CityOut of Stata AttorneysAelds of PracticeMadialorsBiographical UstlngsClassified Advertising Sactlon

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RULES,RULESANDMORERULESBY LARRY BRADY

Arkansas lawyers need 10 be on thelookoul for Ihe Arkansas AdvanceRepons or their electronic equivalent.The Supreme Court made a number ofsignificant rules changes prior to itssummer recess -- even changing its reg­ular court date from Monday toThursday.

The cover story of the 1997 Springissue of The Arkonsas Lawyer asked,'"Is it deja vu all over again?" The sameeould be said for the Court's aClion inagain amending Supreme Court Rule 1­2 concerning the allocation of casesbelween the Supreme Court and theCourt of Appeals. In per curiam ordersissued on July 15, 1996. and September9, 1996, the Court instiluted a require­menl thai an appellanl file a CoverSheel and Jurisdiclional Statement alIhe lime its brief was filed. In case youhave been confused, the 1997 volumeof Ihe Arkansas Court Rules failed 10include these changes. The publisher,Michie, has prepared an errata sheet tocorrect this oversight. However, therule as it appears in the errata sheet willbe outdated as of September I, 1997.

The rule was amended again in anorder issued June 30, 1997 to paredown from sixteen to eight those casesin which appellate jurisdiction willautomatically lie in the Supreme Coun(1. constitutional interpretation, 2.sentences of death or life imprison­ment, 3. extraordinary writs. 4. elec­tion issues, 5. attorney discipline, 6.judicial discipline, 7. second appeal,and 8. cases otherwise required bylaw). All other cases will be flied in theCourt of Appeals. Yes. it no longermatt.ers whether an appeal is character­ized as a contract or ton case. TheSupreme Coun will screen cases thatare filed in the Court of Appeals andtransfer cases to the Supreme Counwhen they involve issues of firstimpression, inconsistent precedents,federal constitutional interpretation,substantial public interest, developmentof the law, or statutory interpretation.Additionally, the COUrl of Appeals cancertify such cases to the SupremeCourt. Review by the Supreme Courtof decisions by the Court of Appealswill continue to be rare,

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fllart JI

The BACKYARD BARBEQl]Ethat CHANGED the COURSE

of ARKANSAS HISTORY.

.' '. :atn:£&t?)It's worth mentioning that the At the center of this \;sion was

backyard belonged to Winthrop an ilweslrnenl to form a 11011-

Rockefeller. A small barbeque /Jrofit foundation lhal sen'cd asamong friends. And l..he purpose an alternative funding source for

of this gathering was... "get/in' up small businesses in Arkansas. Thethe money. " Arkansas Capital Corporation.The goal seemcd attainable The original founders hoped LO

enough LO this \~sionary group of gain a thriving cconomy in their124. To fostcr cconomic develop- state (and a lillie barbeque).ment, lO crcale employment Did we mention the year? 1957.

opportunities and stimulalc Yes, i!'sollr40Ih. We'll be sharinggrowth. In short, to changc the more of our story, because, LOcourse of Arkansas history. some degree, our hisLOry is )'ours.

ARKANSAS CAPITAL Ir'40 years later...CORPORATION

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This change is effective for recordslodged on or after Seplember I. 1997. TheInfon1l3tional Statemcnt and JurisdictionalStatement will no longer be separate fromIhe brief, but will be a part of the brief asrequired by Rule 4-2.

In olher rules changes, the Court amend­ed Rule 2 of the Rules of AppellateProcedure -- Criminal and Rule 3 of theRules of Appellate Procedure -- Civil in anorder issued June 23, 1997. Appellantsmust certify in their nOlice of appeal thatthey have made any necessary financialarrangement with the court reporter, and ifthe certification is not made, the notice ofappeal is rendcred invalid.

The change in the Court's meeling datewas made on June 30. 1997, and the orderamends various rules to implement thechange, That order also amended Rule 5-1regarding a request for oral argument. Therequest must be made contemporaneouslywilh the filing of the party's brief, bUI byseparale leiter. Additionally. Ihe Courtadded criteria describing the situations inwhich oral arguments will not be allowed.

In a per curiam order issued June 23,1997, a new rule was added 10 the Rules ofCriminal Procedure, Rule 37.5. This ruleestablishes the rocedures to im lement

In 1959 our firstoppOrlunily to makc a loanstrutlcd along when we hcard

about ScOlt C.ottnl).The chicken w,lSn't a rnre bird

in ScOll c.oumy h'illl 125 pOtlhryraisers in a 75 mile radius. But lhese

plucky people wcrc looking to diversify

Iheir CCOnOIll)'.

Thai's precisely why Arkansas Capital

Corporation was formed-as an altcrna­

Ih'c funding source for small businesses

10 help dh'ersify and industrializeArkansas' cconomy.

The pcople of SCOll County re,I:'iOncd

t.hal if they could produce chicken feed

the Arkansas Effective Death Penalty ACIof 1997 (AcI 925). Indigent death-rowprisoners will be provided counsel to pur­sue Rule 37 ciaims in order to allow theState to "opt-in" to the benefits afforded bythe federal Antiterrorism and EffectiveDeath Penalty ACI of 1996. This federallegislation places restrictions on the rightof stale prisoners to resort to federalhabeas corpus if the State guarantees com·petent counsel for such prisoners to pursueany post-conviclion claims, The Rule iseffective August I. 1997, and Ihere areretroactive provisions. Attorneys andjudges who handle Ihese cases need 10

carefully review Rule 37.5.Obviously, this forum does not pennil a

detailed review of each section of the rulesmentioned above. If your practice includesany appellate work. Ihe per curiam ordersissued on June 23 and 30,1997. need to beconsulted. Otherwise, you risk an invalidnOlice of appeal, filing your appeal in thewrong court. or showing up for oral argu­ment on Ihe wrong day of the week.':'

Larry Brady is 011 oftorney wilh liteAdminislrarh'e Office of lhe CourlS.

in Waldmn thc bencfits wouldbc scallcfcd all over Ihc arca,

It could boost their cconom}'.create jobs and feed familic(nollo mml;on rh;rkm.s).

So. we made the loan and theybuilllhemill.

1997 is 0111' 40lh and it sccms as good

a time as any to crow a littlc. Q\'cr thc

)'c.trs Arkansas C.1pital Co'l>ornlion and

ils arriliale havc committed over 107million in 353 loans 10 somc of

Arkansas' mOSI inno\'ati\'e businesses.

We've madc big loans, wc've madc small

loans ;lnd wc'vc made some for nOlhing

more lhan chicken feed.

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Young Lawyers Section Report

Get Involved With Your Sectionby Scott Morgan

225 SOllih Pulaski Succt· Lillie Rock. Arkansas· 72201 . 1/800/216/7237Email LIS at acc@arcapital.colll or visit Ollr web silc at www.arcapital.com

{part 3/

For 40 years we've been LE NO IN Gsmall BUS IN ESSE S more than M0 N Ey.

40 years later...

ready to add new equipmentor acquire a new facility, wecan help. So, we encourage

you to bend our car a little.After we've listened, we go

about the business of helping)'ourbusiness by finding the right

partners for your project.One of OU1' favorite partners is

the U.S. Small Business Administra­tion. Their 504 loans are ideal forour purpose-stimulating growth.

In fact, in 1989 we formed anaffiliate, the Arkansas CertifiedDevelopment Corporation for theexpress purpose of administeringSBA 504 Loans.

But that's enough about us, let'shear a little ahollt you.

them. This past year was our first year10 do this and we look forward toexpanding the program in the comingyear. I am looking for volunteers tohelp in this program and I certainlywould appreciate any calls from anyonewho is interested.

The Section will also work with theBar Association on the celebration ofits Centennial. We stand ready, willingand able to assist Jack McNulty, thePresident of the Bar Association, in hiseffons to ensure an appropriate celebra­tion of this important event.

As always, the Young Lawyer'sSection is looking for help. If you are ayoung lawyer and want to get involved,please call me at (870) 534-5532 and Iwill put you to work.-:-

Ll STEN, we know the chal­lenges that small businessesface. Even when the businessplan is sound, it's hard to findthe funding you need. We'veheard it many times.

Arkansas Capital Corpora­tion (ACe) was formed tohelp small businesses prosperby providing alternative fundingsources. Our purpose for pro­viding these loans is to foster asolid and diverse economic base inArkansas. That is to say, if the loansounds good for the State, itsounds good to us.

Of course, the first step islistening to your needs. Whetheryou lack working capilal, or you're

ARKANSAS CAPITALCOR.PORATION

Hodges of Little Rock and Mr. JohnMyers of Little Rock will be headingthis project up. Dave was co-chair lastyear along with Gwendolyn Hodge anddid an excellent job, and we know Davewith John's help will do the same thisyear.

Cindy Grace of Jonesboro will againbe in charge of our newslett.er, and Iwould ask anyone who has any newsfrom young lawyers 10 report it toCindy so she can include it in the pub­lication.

Once again the Young Lawyer'sSection will panicipate in Law Day.We will be working jointly with theArkansas Association of LegalSecretaries in sponsoring an essay con­test for seventh graders on a statewidebasis on what the Constitution means to

It is my pleasure to serve as Chair ofthe Young Lawyer's Section of theArkansas Bar Association for the com­ing year. I must first thank Price

Marshall for setting an example to befollowed in his service as Chair thispast year. Thank you Price.

The Section will continue many of

the successful projects started in thepast and attempt to implement a newproject. I recently received some infor­mation from the Chicago Bar

Association on a hospice care programthat that Section started. Briefiy, itwould entail the Seclion having a lisl of

volunteers to assisl the legal needs ofpalients under hospice care that cannotafford or cannOI obtain the services ofan anomey. Ms. Jonann Roosevelt ofLittle Rock is helping me with this pro­ject and we are in the very early stagesbut would appreciate your help andinpur on this particular program. I feelthis is the type of project that is worthyof the Section's attention and efforts.

We are again concentrating on theMentor Program which matches lawstudents with practicing allomeys sothat the students can learn about thepractical aspects of the practice of law.Ms. Kala Dean of Little Rock hasagreed to head the Mentor Program andshe will be seeking help from attorneysin Little Rock and Fayetteville to coor­dinate the activities of the Program onthose campuses.

Baxter Sharp will again lead DisasterRelief. Baxter has done excellent workin the past on this project and has guid­ed the program to the point where itwill be very helpful in responding toany disasters which may occur inArkansas. Baxter needs help, so pleasecontact him if you are interested inhelping in this project.

The Section is again sponsoring TheBridging the Gap Seminar which willbe held in October in Little Rock. Asyou know, this is primarily for newAdmittees to the Bar and Mr. Dave

NEW MEMBERSHIP DIRECTORY MAKES IT EASY

TO REACH AND BE REACHED!

Make it easy for your colleagues to reach

you and for you to reach them by making

sure you are listed in the new Arkansas

Bar Association Membership directory

coming out in October. The directory

will list members alphabetically and by town

showing addresses, phone (NEW AREA CODE) and fax

numbers, and E-Mail addresses. Please check the mailing label on

the back of this magazine. If the data is incorrect, call Barbara

Tarkington at 375-4606 or 800-609-5668. She can also help you with

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judicial advisory opinions/judicial disciplinary actions

225 South Pulaski Street· Lillie Rock, Arkansas· 72201 . 1/800/216/7237Email us at acc@arcapitaJ.com or visit our .....eb sile at .....w ...... arcapi!al.com

(part 4/

Is it really PO SSIB LE to do aGOOD THING, GREAT?

40 years later...

private lenders and The SmallBusiness Administration. The reosponsibility for these loans wouldfall squarely 0)1 our shoulders.

We knew that if we could encour­age development and growth it

would certainly be a good thing.How have we done? 40 years later,

we'd like to think we've done quitewcll. We've engineered countlessloans to some of Arkansas' most inno­vativc businesses. Some of these busi­nesses have gone on to become leadersin their industries.And this stimulus has created tens ofthousands ofjobs at no COStlO theSlale. Surely you'd say "greal. "

Eleventh Judicial District in Pine Bluff.Arkansas.

The complaint was originally filed byPatsy ewby. It alleged that Judge Davishad caused an unreasonable delay indeciding parts of the divorce case ofNewby v. Newby. Some mailers were heldwithout decision for almost three (3)years. Further investigation revealed thatJudge Davis had not filed timely quarterlyreports on cases held under advisement formore than ninety (90) days for the 2nd.3rd. and 4th quarters of 1995. The reportswere required by Arkansas Supreme CourtOrder.

After a Formal Disciplinary Hearingheld on April 16. 1997. and approval bythe full Commission, it was decided thatthere was unreasonable delay in decidingthe case of Newby v. Newby by JudgeDavis, and further, that Judge Davis wasin violation of Supreme CourtAdministrative Order No.3 by failing tocomply with the reporting guidelines.•:.

Ordinarily modeslYwould forbid an answer, but it iJOUT 40th, so forgive us if we seema bit prideful.

In 1957,ArkansasCapitai Corpo­ration set OUt to improve Arkansas'economy by offering loans to smallblll pronlising businesses in our state- businesses !.hal, for one reason oranother, fell outside of most conven­tionalloan guidelines. By partnedngwith these businesses, our illlentionwas not to compete with banks but to

set their minds at ease.The loans would be structured in a

varicty of ways with a variety ofpartners. Partners including banks,

ARKANSAS CAPITALCORPORATION

The Judicial Disciplinary Ac/ions arewrillen and provided by rhe JudicialDiscipline & Disability Commission.

,JlIDICIH DISCIPU,\.\R\ ACTIO'S

JUDGE FRED D. DAVIS IIIPINE BLUFI', AR

The Arkansas Judicial Discipline &Disability Commission recentlyannounced the filing of a Final Decisionand Order with the Arkansas SupremeCourt in a complaint against Judge Fred D.Davis m. Circuit/Chancery Judge in the

that the balloons are simply small gifts tothe children. The Committee considersher proposed conduct to be appropriate asshe interacts with and relates to the com­munity in which she lives, and to be inkeeping with the letter and spirit of theArkansas Code of Judicial Conduct.

The Judicial Advisory Opinions are writ­ten and provided by the Arkansas JudicialEthics Advisory Commitree.

HONOR,\UL.E CHARLES A. YEARGAN

MURFREESBORO, ARThe Arkansas Judicial Ethics Advisory

Comminee recemly issued an advisoryopinion to the Honorable Charles A.Yeargan. Circuit/Chancery Judge NinthWest Judicial District, Murfreesboro,Arkansas. He requested an advisory opin­ion concerning a deputy prosecuting attor­ney who practices in his court. The judgenot only has sold his personal law officeproperty to this deputy prosecuting attor­ney, but also rents office space to her,

The opinion states that reasonable indi­viduals within and without the legal com­munity might question the impartiality of ajudge who has an on-going financial rela­tionship as landlord of one of the attor­neys. The judge should minimize thepotential appearance of favoritism andavoid creating an appearance of exploita­lion of office. The alternative is disclosureof the relationship and the reason for thedisqualification. If there is an agreementof all the parties that the judge should notbe disqualified. this should then be incor­porated into the record.

HONORABLE Kt\REN R. BAKER

CLINTON, ARThe Arkansas Judicial Ethics Advisory

Comminee recently issued an advisoryopinion to the Honorable Karen R. Baker,Circuit/Chancery Judge Twentieth JudicialDistrict, Clinton, Arkansas. She request­ed an advisory opinion concerningprospective conduct planned during theToad Suck Daze festival in Conway.Arkansas. May 2-4. 1997. Periodicallythroughout the festival she wanted to ran­domly distribute to children approximate­ly 500 eleven inch helium balloonsimprinted as follows: HAPPY DAZEfrom Judge Karen Baker

The opinion states that her campaign forelection was last year and that there wouldbe 110 overt political conduct and that therewould be no solicitation of voting. TheCommittee assumed that she will purchasethe balloons with her personal funds and

JrlJICIAL Am ISORY OPI"iIO'S

li The lrknlll l,allW Su~m1r 1997

topical index of advisory opinions • arkansas judicial ethics advisory committeeThis index COl'en tlie Adl1isory Opinions issued through May /997. /1 is published as a service to the bench and bar of Arkansas.

DISQUALIFICATION

Advisory Opinion 91-06-03(press release about redislricling deci­

sion)Advisory Opinion 92-01(2)

(committee authority to respond torequest regarding pending motion forrecusal)

Advisory Opinion 92-03(professional relationship with allor­ney)

Advisory Opinion 92-06Uudge's sibling is an attorneyernployed in the litigation division ofthe state attorney general's office)

Advisory Opinion 94-02(election opponeIll is attorney)

Advisory Opinion 94-05(election opponent is attorney)

Advisory Opinion 94-07(election opponent is attorney)

Advisory Opinion 94-08(de minimis interest)

Advisory Opinion 95-02(attorney shares office space withjudges sibl ing)

Advisory Opinion 95-06(attorney is uncle of judges secretary)

Advisory Opinion 96-06(pending motion for recusal)

Advisory Opinion 96-07(attomey is judges court reporter'sspouse)

Advisory Opinion 97-03(anomey rents office space from thejudge)

CIVIC AN!) CI-JARlTt\lH F ACTIVITlPii BAR

ASSOCIATION AcnvlTlt:~

Advisory Opinion 91-05-0 I(fund-raising)

Advisory Opinion 92-02(speaking at a dinner)

Advisory Opinion 92-04(football referee)

Advisory Opinion 93-0 I(advisory group for state hospital pro­gram that provides imensive care forpersons who have been excused fromcriminal conduct by reason of mentalincapacity)

Advisory Opinion 93-05(board of directors of non-profit orga­nization thai has contract with state)

Advisory Opinion 93-06

II IlIlr1JllillJ1l)/I SlllIr Ill;

(playing in band at fund-raiser)Advisory Opinion 93-08

(softball fund-raiser)Advisory Opinion 94-09

(fund-raising commitlee for localboys/girls club)

Advisory Opinion 95-03(advisory committee of public col­lege)

Advisory Opinion 96-01(policy and planning board for depart­ment of human services)

Advisory Opinion 96-10Uudge-elect serving on parks andlOurism commission)

CO'1.\1I.......[[ AUTUORITY

Advisory Opinion 96-06(pending motion for recusal)

COMMUNITy ACTIVITIES

Advisory Opinion 97-02(distributing balloons al Toad SuckDaze)

Lt'TTERS Of RECO~1MENPATION;ACTING

As A REfFRENCE: TESTIFYING As A

WITNESS

Advisory Opinion 97-01(leHer of recommendation forprospective federal judicial candidate)

PERSONAL FINANCES, THE I'Rt\CTlCE OF

LAW. ANn PART-TIME hmGES

Advisory Opinion 91-04-02(service on bank's board of directors)

Advisory Opinion 91-04-04(service on bank's board of directors)

Advisory Opinion 93-02(part-time judge representing individ­uals where the Olher party owes anoutstanding fine the judge's court)

Advisory Opinion 96-09(practicing law after being selectedfor the bench: payment for work donebefore going on bench)

PERSONAl CONDUCL SPEt:CH, ANI)

ASSOCIATION

Advisory Opinion 91-06-03(press release about redistricting deci­sion)

Advisory Opinion 93-07(surplus campaign funds)

Advisory Opinion 94-0 I(public stand on bond issue regarding

new courthouse and jail)Advisory Opinion 94-04

(public stand on proposed constitu­tional amendment)

Advisory Opinion 95-0 I(letters of recommendation)

Advisory Opinion 95-05(teaching course of paralegals)

Advisory Opinion 96-03(likeness being used in painting)

Advisory Opinion 96-04(authoring book)

POLITICS. ELEcnONS AND CAMPAIGN

FINANCE

Advisory Opinion 92-05Uudge may attend inaugural ball forpresident)

Advisory Opinion 93-04(surplus campaign funds)

Advisory Opinion 94-01(public stand on bond issue regardingnew courthouse and jail)

Advisory Opinion 94-04(public sland on proposed constitu­tional amendment)

Advisory Opinion 94-06(retired judge participating in politicalcampaign)

Advisory Opinion 95-04(campaign conduct by candidate andcommittee)

Advisory Opinion 96-02(time limits on soliciting campaigncontributions for candidate unopposedin primary and general election)

EX-PARTE COMMUNICATIONS. CASE

MANAGEMENT. ApPOINTMENTS,

NEPOIIS\I AND SD\ff ISSIJt:S

Advisory Opinion 96-08(hiring chief justice's second child)

TRANS!TION To BENCH

Advisory Opinion 96-05(deputy prosecuting attomey continu­ing to serve until he or she lakesoffice)

Advisory Opinion 96-09(practicing law after being selectedfor the bench: payment for work donebefore going on bench)

Advisory Opinion 96-10Uudge-elect serving on parks andtourism commission)

The lawyer disciplinary actions are writ­tell alld provided by the Supreme Caurt ofArkansas' Commillee 011 ProfessionalCondUCl,

TONA M. DEMERS

NORTII LITI'LE ROCK, AR

A IcHef of reprimand was issued to Tona M.Demers for violation of Model Rule 5.5(a)upon the Complaint Before the Committee.This Rule slates, in part, that a lawyer shall notpractice law in a jurisdiction where doing soviolates Ihe regulation of lhe legal professionin that jurisdiction.

As of June 30, 1995, Demers had failed toobtain the minimum twelve (12) hours ofContinuing Legal Education (CLE). Demersthen filed an acknowledgment of deficiencyand paid a fee of $100. That acknowledgmentgave Demers until December I, 1995, to curethe deficiency. Demers failed to obtain thenecessary CLE hours by December I.Subsequently, Demers submitted the necessaryCLE hours to cure the deficiency but failed toprovide an additional lat.e filing fee of $100.At a meeting of the Arkansas ContinuingLegal Education Board in March 1996.Demers was suspended for failing to obtain thenecessary CLE hours and cure the deficiencypursuant to the eLE rules. Thereafter, theadditional late fee was paid which, along withthe reported hours, brought Demers current forthe reporting period ending June 30, 1995.Demers then filed a Petition for Reinstat.ementand Stay of Suspension in April, 1996. OnApril 22, 1996, the Chair of the CLE Boardgranted a stay of the suspension pending ahearing on the Petition for Reinst.atement. InJune 1996, at its regularly scheduled meeting,the CLE Board withdrew the stay of suspen­sion but granted Demers reinstatement contin­gent upon payment of the reinstatement fee of$250 being paid to the Bar of Arkansas. The$250 reinstatement fee was not paid.

After the stay was withdrawn, Demers rep­resented a party on appeal in the ArkansasSupreme Court. On July 18, 1996, Demersfiled a Petition for Rehearing with theSupreme Court Clerk. Additionally, Demersrepresented a party in the Pulaski CountyChancery Coun. A hearing in that matter wasset for August 19, 1996.

For her response, she stated that the leiterfrom the Office of Professional Programs noti­fying her of her suspension was unclear. Sheassened that she did not understand the phraseHretumed to a state of suspension." Demersattributed this to her distraction because herdaughter had been hospitalized around thattime. Demers also stated that she was beingpenalized because she was poor and that herlack of funds started the entire situation - lack

lawyer disciplinary actions

of funds to get the CLE, lack of funds to paythe late fee, and lack of funds for paying theadditional late fee. As a result of the lack offunds she could not pay the $250 reinstatementfee. Demers asserted thai she did not charge afee for filing the Petition for Review with theArkansas Supreme Coun as the party involvedwas a personal friend of her family. In regardto the matter in the Pulaski County ChanceryCOllrt, Demers stated lhat the person involvedwas also a friend of her family. She stated thateven if she understood that she was not topractice law until the $250 reinstatement feewas paid, she still would have filed the Petitionwith the Clerk because it was a meritoriouscause.

JOHN BISCOE BINGHAM

NORTH LITTLE ROCK, ARA letter of reprimand was issued to John

Biscoe Bingham for the violation of ModelRules 3.3(a) (4), 8.4(c) upon the complaintfiled by Charles Pfiester. These Rules slate, inpan, that a lawyer shall not knowingly offerevidence that the lawyer knows 10 be false. Ifa lawyer has offered malerial evidence andcomes to know of its falsity. the lawyer shalltake reasonable remedial measures; a lawyershall not violate or allempt 10 violate the rulesof professional conducl, knowingly assisl orinduce another 10 do so, or do so through theacts of another; and, a lawyer shall not engagein conduci involving dishonesly, fraud, deceitor misrepresentation.

Bingham was called to testify in a hearingbefore the Arkansas Beverage Control Board(ABC Board) on December 13,1995, in a mat­ter involving the application for a private clubalcohol permit to Ebb Tide Hunting andRecreation Club. Inc. (Ebb Tide). Presentedalong with the application for Ihe pennit werethe minutes of Ihe meetings of the corporateboard of direclors for the year prior 10 applica­tion. The minutes reflecled that from Augusl1994 through June 1995 Bingham wasSecretary{freasurer of Ebb Tide and weresigned by him in that connection. In his testi­mony before the ABC Board, he admitted thathe was one of Ihe three directors of Ebb Tideon the dates reflecled in the minutes includedin the application. Bingham denied that thesignature on Ihe application was his as he didnot prepare the minutes. He teslified that theminutes had been prepared by the attorney forthe Ebb Tide, Stephen Morley, and that he hadconsented to his signing his name. Binghamtestified further that he did not recall whetherhe allended meetings on the dates contained inthe minules but that he consulted daily withthe other direclors. Bingham was questionedwhether he knew or had met Mary Pascuito,the managing agent of Ozark Diners Club,

which was doing business under the name forEbb Tide, the parent company. Bingham stal­ed that he did nol.

For his response, he stated that he was theowner of a non-profit corporation, Ebb TideHunting and Recreation Club. Inc. Ebb Tidewas granted a Certificate of Incorporation onJuly 13, 1992. Ebb Tide remained inactiveuntil Bingham was contacted in Mayor June1994 by Stephen Morley. an attomey in NonhLittle Rock. Mr. Morley inquired whetherBingham had a non-profit corporation whichhad been in existence for more than one year.Bingham infonned Mr. Morley that he didhave Ebb Tide which was not being used.From Mayor June 1994 '0 July 1995,Bingham was informed by Mr. Morley Ihat hewas going to use the Ebb Tide Corporation fora private club application. In July or August1995 Bingham received a telephone call fromMr. Morley who advised him that he waspreparing standard minutes showing monthlymeetings for the previous twelve months asrequired by the ABC. Bingham did nOI conferabout the contents or dates shown but wasinformed thaI the minutes were standard.Bingham remained as a direclOr of Ebb Tideuntil July 15, 1995,when he and the two otherdirectors resigned. Mary Pascuito was thennamed president of Ebb Tide.

Bingham stated that in prior representationof applicants before the ABC that he wasadvised that the A BC did not review the con­tents of the minutes for accuracy but Ihat theywere only a formality of the applicationprocess pursuant to the instructions of theABC. He stated thai he lestified truthfully tothe ABC Board and asserted that the allegedinaccuracy of the minutes filed with the privateclub application was not even considered bythe ABC Board.

GEORGE J. STONE

JASI'ER, ARA letter of reprimand was issued to George

J. Stone for the violation of Model Rules3.4(c), 5.I(b) and 8.4(d) as a result of a PerCuriam from the Arkansas Supreme Court,appellant Rodney Bragg. These Rules state, inpart, Ihat a lawyer shall not knowingly disobeyan obligation under Ihe rules of a tribunalexcept for an open refusal based on an asser­tion thai no valid obligation exisls; it is profes­sional misconducl for a lawyer to engage inconduct involving dishonesty, fraud, deceit ormisrepresentation; and, it is professional mis­conduct for a lawyer to engage in conduct thatis prejudicial to the administration of justice.

On April 24, 1995, Stone's firsl MOlion forRule on the Clerk was denied by the Court.Following this denial, he took no aClion tomake cenain that Mr. Nomlan's brief would be

li n1 lrtansas Latr)er Sommer 199i

filed. In February of 1996, Stone was sentnotice that an Order 10 Show Cause had beenissued and a hearing set. At the hearing onFebruary 12, 1996, he was directed to file thebrief within forty days. At thai show causehearing, he pled guilty to contempt, butassured the Justices thai the brief would befiled on or before March 23, 1996. He did nOlfile the brief on lime. Two days after the briefwas duc. Stone filed a Motion asking for addi­tional time in which to file the brief because hehad been suspended for a deficiency in hisContinuing Legal Education requirements.The Court granted his Motion but he stillfailed to file the brief. Once again he wasordered to appear before the Court. He did notappear at the appointed lime. Stone offered novalid reason for his failure to comply with theCourt's directives. He did explain to the Courtthat he disliked his client so much that it wasdifficult to prepare a brief. During this sameproceeding before the Court, Stone told theJustices that he had never been sanctioned bythis Commillee in any matter involving Mr.Nonnan. Stone's assertion to the Court wasnot true. tn fact, Stone signed for the notice ofsanction himself when il was sent to him. TheSupreme Court was required to appoint anoth~

lawyer disciplinary actions

er allomey to protect Mr. Nonnan's appealrights because Stone never filed an appeal onMr. Norman's behalf.

In his one page response to the Committee,he admitted violation of Model Rule 3.4(c) butdenied violating Model Rule 8.4(c) and ModelRule 8.4(d). He closed by requesting that theComplaint be dismissed.

CHARLES L. HONEY, JR.

PRESCOTT, ARCharles L. Honey, Jr., was issued a letter of

caution for violation of Model Rules 1.3,3.4(c), 5.I(b) and 8.4(d) as a result of a PerCuriam from the Arkansas Supreme Court,appellant Rodney Bragg. These Rules state, inpart, that a lawyer shall act with reasonablediligence and promptness in representing aclient; a lawyer shall not knowingly disobeyan obligation under the rules of a tribunalexcept for an open refusal based on an asser­tion that no valid obligation exists; a lawyerhaving direct supervisory authority overanother lawyer shall make reasonable effortsto ensure that the other lawyer conforms to thcrules of professional conduct; and, a lawyershall not engage in conduct that is prejudicialto the administration of justice.

The allegations in this complaint arise outof a "Motion to File Belated Brief' whichHoney filed in the Arkansas Supreme Court onbehalf of the appellant, Rodney Bragg. Thefacts set forth in his motion aver that onAugust 12, 1996, the original brief was filed.The State moved, on August 29, 1996, that theappellant be directed to abstract the record incompliance with Supreme Court Rule 4~3(h).

The Court, upon granting the motion, gaveHoney until October 26, 1996, within which to

comply. However, nothing was submitted byOctober 26. Thereafter, on December 30,1996, he filed a Motion For Belated Brief andrequested an additional extension of ninetydays from that dale to file the corrected brief.For grounds for the relief sought, his Motionasserted that the person who was handling theappeal for Mr. Bragg had left his firm'semploy and he was unaware of any problemwith the appeal until December 17, 1996.Further, he asserted his heavy workload as jus­tification for the requested extension. TheCourt found that non-compliance with theOctober deadline was not justified merely onthe fact that some other person in his finn washandling the appeal. Likewise, a crowdedwork schedule was not viewed as a sufficient

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basis (0 extend the filing dale by ninety days andthe Court granted thirty days.

In addition to the matters asserted in hisMotion for Belated Brief, his Response to thecomplaint averred that the attorney assigned tothis case left the finn September 1, 1996. and thecase was reassigned 10 a paralegal who becameseriously ill and failed to meet the deadline. Hethen sought and was granted an additionalamount of lime to perfect this appeal

LAURA J. McKINNON

FAYETIEVILLE, ARA letter of caution was issued 10 Laura J.

McKinnon for the violation of Model Rules5.l(b) and 5.l(c) upon the complaint filed byDonaJd C. Donner. These Rules state, in part,that a lawyer having direct supervisory authorityover another lawyer shall make reasonable effortsto ensure that Ihe other lawyer conforms to therules of professional conduct; and, a lawyer shallbe responsible for another lawyer's violation ofthe rules of professional conduct if the lawyerorders, or, with knowledge of the specific con­duct, ratifies the conduct involved.

Mr. Donner represented Genene Ray in a mal­practice action that she filed against McKinnonand her law finn. According to the informationcontained in the affidavit, Ms. Ray had hired anassociale of McKinnon's law finn to representher in a municipal court civil mailer. McKinnonis the supervising allomey of the law firm bearingher name. The associate, Nolen MichaelYarbrough, left the employ of McKinnon's lawfirm during the time Ms. Ray's action was pend­ing in Municipal Court. The notice of trial settingwas sent to McKinnon's law finn but no oneappeared on Ms. Ray's behalf. After she receiveda copy of the Judgment entered against Ms. Ray,McKinnon wrote her a leiter in which she deniedthat her firm had ever represented her. AlthoughMcKinnon did not acknowledge responsibility,she did seule the malpractice action filed againsther.

She explained in her response that her law firmdoes not accept cases involving municipal courtlitigation. As such, Ms. Ray's case would nothave been undertaken by her law finn. She didacknowledge Ihal she had employed Mr.Yarbrough at the law firm for one year. It was shewho filed a general Answer and Counterclaim onMs. Ray's behalf. She did this after finding aphotocopy of the complaint filed against Ms. Rayin Mr. Yarbrough's office after he left her employ.McKinnon advised Mr. Yarbrough of lhis actionand forwarded all documents related thereto tohim. McKinnon's belief was lhat Mr. Yarbroughwould file a Motion to Wilhdraw to resolve thisissue. McKinnon averred that she settled themalpractice claim to avoid having to hire an attor­ney and because she believed it to be a good busi­ness decision.

lawyer disciplinary actions

SAM WHITFIELD, JR.

HELENA,AR

A letter of caution was issued fO SamWhitfield, Jr., for the violation of Model Rule 4.2upon the complaint filed by Shane Perry. ThisRule states, in part, thaf in representing a client, alawyer shall nOI communicate about the subjectof the representation with a party the lawyerknows to be represen!ed by another lawyer in thematter, unJess the lawyer has the consent of theother lawyer or is authorized by law 10 do so.

Ln his affidavit provided pursuant to ModelRule 8.3, Mr. Perry stated that in June 1994 hefiled a Complain! for Declaratory and InjunctiveRelief. The action challenged the at-large syslemfor electing Helena City Council members andnamed the individual Council members as defen­dants. On July 26,1995, Mr. Perry filed his Entryof Appearance on behalf of all the d.efendants.When Whitfield fi.led his Motion For SummaryJudgment on August 12, 1996, he attached theaffidavits of two of Mr. Perry's clients. The affi­davits concerned past actions or inaction by theCouncil relating to a change in the electoral sys­tem for council members. According 10 Mr.Perry, these affidavits were procured by Whitfieldwithout his knowledge or pennission and subse­quent to his notice of his representative of theaffiants. He then filed a Motion To StrikeAffidavits. It was never necessary to obtain a rul­ing on the motion because Whitfield filed amotion withdrawing the affidavits from consider·alion.

Whitfield's affidavit of response denied a vio­lation of the Model Rules but admitted communi­cating for the limited purpose of learning whatthe city council members did prior to initiation ofthe lawsuil. He denied communicating with themabout the subject of the representation.

JEAN M. MADDEN

LITTLE ROCK, AR

A letter of caution was issued to Jean M.Madden for Ihe violation of Model Rule 1.1 uponlhe complaint filed by Marilyn Jackson-Theus.This Rule states, in part. that a lawyer shall pro­vide compelent representation to a client.Competent representation requires the legalknowledge, skill, Ihoroughness and preparationreasonably necessary for the representation.

The Complainant alleges that she hiredMadden in 1991 to file a Chapter 13 bankruptcyon her behalf. Among her debts was a guaranteedstudent loan which she alleges Madden assuredher would be discharged. Following her dis­charge from bankruptcy on April 6, 1995, com­plainant began receiving nOlices that her pay~

menlS were due on the studenl loan. Althoughshe explained that she had this debt discharged,the creditor told her that student loans were notdischargable. When Ms. Jackson-Theus calledMadden's office, she was assured that she had

nothing to worry about. When she continuedreceiving collection leners, Madden wrote to theloan servicing center and explained that the loanhad been discharged. Every subsequent inquiryby Ms. Jackson-Theus with employees ofMadden's finn was met by reassurance that thedebl was discharged. Subsequently, it was decid­ed that Ms. Jackson-Theus would meet wilhMadden's paralegal to discuss how to defendagainst paying the loan. However, upon herarrival in Little Rock, she was unable to meetwith this person and he failed to return any of herthree messages. When Madden's client returnedto her home, she tenninated the representation.According to Ms. Jackson-Theus, she thenlearned that such loans are nOI dischargeable. Asa result of the above mentioned facls her originalmonthly payment has doubled because of theadditionaJ interesl accrued during the severalyears that she believed no paymenls were due andremitted none.

Madden stated in her response that Ihe applic­able law regarding student loans changed in1990. While unable to recall the speci.fics of thisclient's intake interview, it was Madden's prac­tice (0 explain that the protection offered by theBankruptcy Court was during the life of theChapler 13 plan. Once the plan was completed,collection would begin. Madden did nOl recallever discussing the student loan during the life ofthe plan. Madden's client's secured debts werepaid with her disposable income and the generalunsecured debts were discharged. Madden statedthat the discharge order clearly set forth that thestudent loan was not discharged. However, Ms.Jackson-Theus obtained a prinloul from thetrustee's office showing the debt was discharged.When she infoffiled Madden of such, Maddenspontaneously responded Ihat the debt surelymust be discharged. A few weeks later Madden'sclient again called and Madden told her that thedebt was probably not discharged, but thai shewould write a letter to the collection agencyalthough it may not cause them 10 stop their col­lection efforts. Madden stated in conclusion that,while she regrels the misunderstanding, she doesnot believe Ms. Jackson-Theus was misinfonned.Accompanying her response was an affidavitfrom an atlomey al the Trustee's Office whichaverred, among other things, that the notation"Student Loan-Dischar." on the printout is of nolegal significance and does not indicate whetherIhe debt will be discharged.

SHEILA P. CAMPBELL

L1TILE ROCK, ARA leller of caUlion was issued to Sheila P.

Campbell for the violation of Model Rules 1.1,

1.3, and 1.4(a) upon the complaint filed byBarbara Island. These Rules state, in part, Ihat alawyer shall provide competent representation toa client; a lawyer shall act with reasonable dili-

19 ne Arkansas La"Ier 80mmrr 1997

gence and promptness in representing a client;and, a lawyer shall keep a client reasonablyinfonned about the status of a mailer andpromptly comply with reasonable requests forinfonnation.

According to Ms. Island, she retainedCampbell in November 1994 to pursue a med­ical malpractice action on her behalf. Ms.Island maintained that Campbell agreed torepresent her on a 1/3 contingent fee bUI awritten contract was not executed. The com­plainant provided Campbell all the case relat­ed papers in her possession. She next heardfrom Campbell in December 1994 whenCampbell telephoned to advise that the legalmailer needed to get started so the time limita­tion would not expire. Ms. Island had no fur­ther communication from Campbell's officeuntil on or about July 14, 1995, when she exe­cuted an authorization for release of medicalrecords. One week later, Campbell filed aComplaint on Ms. Island's behalf in FederalCourt. In the Complaint, CampbeU namedfive specific defendants and asserted two JohnDoe defendants. The Clerk's Docket entriesestablished that there was never any servicemade on any defendant. Almost two monthsafter Campbell filed the lawsuit, JudgeHoward entered an Order advising that thecomplaint would be dismissed if an amendedcomplaint was not filed. Since there was alack of complete diversity, there was a lack ofsubject matter jurisdiction, so Ms. Island'slawsuit was filed in the wrong forum. Evenafter receiving this Order, Campbell took noaction, resulting in dismissal of Ms. Island'scomplaint. The Order of Dismissal wasentered on October 5, 1995, with no notice toMs. Island. Ms. Island believed Campbell waspursuing these mailers on her behalf, until shespoke with her on June 9, 1996. In that con­versation, Ms. Island learned for the first timethat Campbell did not believe she could assisther. Ms. Island's first notice of the dismjssalwas eight months after the dismissal whenCanlpbell sent her the contents of her file.Campbell advised Ms. Island that she had untilOctober of 1996 to re-file her claims.However, since the law required filing and ser­vice of the defendants, it appears Campbell'slack of attempted service resulted in the statuteof limitations not being tolled, so Ms. Islandhas lost her right to seek any relief or remedywhich might have been available to her.

According to Campbell's response, Ms.Island did not retain her services until July 14,1995, on which date she executed a medicalauthorization and a written fee agreement.Campbell immediately obtained the records,from her physicians, to review in order todetennine whether Ms. Island had a claim formedical negligence. Campbell filed the law-

lawyer disciplinary actions

suit in federal court under diversity of citizen­ship since one of the physicians named as adefendant resided in Texas. Campbell assert­ed that when she received a medical opinionfrom Dr. Worthie R. Springer, Jr., in August of1995, she advised Ms. Island of his opinionthat she had no claim. Campbell also averredthat she advised Ms. Island that she was goingto dismiss the Complaint and that she wouldhave one year to refile the Complaint. Further,Campbell stated that during the conversation,she was advised by Ms. Island that she wouldcontact her in a few days to advise of her for­warding address but she never did so.Although Campbell asserted that she did notreceive any forwarding address until June of1996, the address she sent the file to in June of1996, is the same address that appears on theMedical Authorization from July of 1995.Campbell acknowledged that she received theCourt's notice. She also stated that it is stillher understanding that Ms. Island could refileher complaint within one year after dismissalbecause the suit had been commenced andthen dismissed for lack of subject mailer juris­diction. According 10 Campbell, she madeevery effort 10 preserve Ms. Island's "alleged"complaint.

Upon their verified petitions for voluntarylransfer to inactive stat.us, the following namedallomeys were placed on voluntary inactivestatus by the Committee during April 1997:Brian Wolfman and James P. O'Connor.

STEPHEN E. MORLEY

NORTH LITTLE ROCK, AR

A letter of caution was issued to Stephen E.Morley for the violation of Model Rules 3.3(a)(4), 8.4(a) and 8.4(c) UpOIl the complaint filedby Charles E. Pfiester. These Rules state, inpart, that a lawyer shall not knowingly offerevidence that the lawyer knows to be false. Ifa lawyer has offered material evidence andcomes to know of its falsity, the lawyer shalltake reasonable remedial measures; a lawyershall not violate or attempt to violate the rulesof professional conduct, knowingly assist orinduce another to do so, or do so through theacts of another; and, a lawyer shall nol engagein conduct involving dishonesty, fraud, deceitor misrepresentation.

In 1995, Morley represented Ebb TideHunting and Recreation Club, Inc. ("EbbTide"), doing business as Ozark Diner's Club,and through its managing agent, MaryPascuito, in its effort to obtain a private clubalcohol pennit, submitted a veri.fied applica­tion on August 8, 1995, with the ArkansasBeverage Control Board. ("ABC Board").Contained in Ihe application were minules ofthe Ebb Tide corporate meetings and pho~

tographs of the premises in which the privateclub was to be located. A group opposing theissuance of the pemlit was represented byCharles Pfiester. A hearing on the matter washeld on December 13, 1995. Called as wit­nesses were John Biscoe Bingham, attorney atlaw, and Mary Pascuito.

Mr. Bingham testified that he was one of thethree directors of Ebb Tide and served as sec­retary/treasurer on the dates reflected in theminutes auached to Ebb Tide's application.Mr. Bingham stated that the minutes were notprepared by him and did not bear his signature.The signatures appearing on the minutes hadbeen placed there by Morley with his consent.Mr. Bingham testified that he did not recallwhether he attended meetings on the dates list­ed in the minutes or not. Further, Mr.Bingham stated that he had never met MaryPascuito.

Attached to the pennit application werephotographs of the location of the business.The photographs had white tape placed onthem so as to obscure a sign attached to thebuilding which contained the words: "AttnMembers & Guests, Tally-Ho n, Restaurantand Lounge, 259-5212." The use of the words"Restaurant and Lounge" is nonconfonning tothe ABC regulations.

Mary Pascuito, the applicant, was called totestify and asked about the use of tape on thephotographs. Ms. Pascuito testified that shedid not attach the photographs to the applica­tion but merely signed the application whichhad been prepared by Morley.

For his response, Morley admitted that heinquired of Mr. Bingham whether he had anon-profit corporation which had been in exis­tence for a period of more than one year. FromMay 199410 July 1995 Morley staled Ihal hemaintajned regular contact with Mr. Binghanlabout the status of Ebb Tide. tn Mayor Juneof 1995, Morleys clients obtained an option tolease a suitable premise in Mountain View.Morley then contacted Mr. Bingham andinfonned him that he prepared pro fonna min­utes of Ebb Tide. Morley read the contents ofthe minutes to Mr. Bingham and asked him ifhe wanted to sign them but that he consentedto Morleys signing his name for him. On July15, 1995, Mr. Bingham and the two otherdirectors resigned as directors of Ebb Tide andMs. Pascuito was named president of the cor­poration. The application was then filed withthe ABC Board on August 8, 1995.

Morley stated thai the application for a per­mit includes several separate documents:Schedule A, to be completed by the managingagent; authority to release infomlation fonn;pro fonna minutes of meetings for the preced­ing twelve months; a lease; membership list;and three pictures of the premises. Morley

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sent Ms. Pascuito the Schedule A and author­ity to release personal information. Morleyassisted Ms. Pascuilo in submitting the pack­age which included the minutes and pho­tographs. Regarding the pholOgraphs, Morleysialed that he had no personal knowledge ofwho look the pictures or whether they accu­rately depict the proposed QUilet.

GUY S. LONG

CONWAY, ARA leller of caution was issued 10 Guy S.

Long for the violation of Model Rules 1.3 and8.4(d) upon the complaint filed by Ruth AnnPerryman. These Rules state, in part, thai alawyer shall act with reasonable diligence andpromptness in representing a client and that alawyer shall not engage in conduct that isprejudicial 10 the administration of justice.

In her complaint and in her testimony, Ms.Perryman stated Ihat she hired Long to repre­sent her in an attempt to obtain grandparent'svisitation. As the divorce decree was from aforeign state, a Petition 10 Register a ForeignDecree was filed along with a Petition toEstablish Grandparent's Visitation on April27. 1995.

A MOlion to Dismiss the pelilion was filedon May II. Ms. Perryman teslified thai shewas infonned by Long 10 appear in IheMississippi County Chancery Court on June 9for a hearing. Ms. Perryman slaled that shewas later infonned by Long that the opposingcounsel had a connict wilh the hearing dateand that the maller would be heard on June23. Ms. Perryman testified that she appearedon June 23, 1995, along wilh opposing coun­sel and the opposing pany but thai Long wasnot present. The judge's nOtes renect thai themailer was continued 10 June 30, 1995. Ms.Perryman testified that she went to Long'soffice on June 29, 1995, to discuss herupcoming coun maller, bUI was advised byhis secretary that he would be oul of lown andnot at the hearing. either Long nor Ms.Perryman appeared at the June 30, 1995,hearing and the judge entered an order toShow Cause. A copy of the Order was servedupon him and was (0 be sufficient notice toMs. Perryman of the hearing on July 14,1995. Ms. Perryman testified that both ofthem appeared in coun on July 14, 1995, andthat her matter was not heard by the coun ashe did not have an Order ready pennittingregistralion of the foreign divorce decreewhich was the basis for Ms. Perryman's visi­lation request. Ms. Perryman stated that fol­lowing the hearing she contacted the presid­ing judge for assistance in getting her matterheard. Ms. Perryman teslified that the presid­ing judge senl a leiter to all panies suggestingAugusl 4 as the dale for hearing. On August

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3, 1995. Long filed a Response to the MOlion10 Dismiss. Ms. Perryman slated Ihat Longappeared for the August 4 hearing but thai hewas not ready to proceed. The Coun then setthe mailer for Augusl 18, 1995. The Orderpennitting registration of the foreign divorcedecree was entered on August 15, 1995. Ahearing was Ihen held on August 18, 1995,and Ms. Perryman was gran led grandparent'svisitation. Following the hearing, Ms.Perryman testified that Long left Arkansasfor Texas. The Order containing the Court'sruling was not entered until September 27,1995. The Order, prepared by opposing coun­sel, conlained an incorrect hearing date, hadanOlher chancellor presiding, and was pre­sented to the other chancellor for signalure.Since Long did not review the document priorto submission to the chancellor, lhe Order wassigned and filed.

In his response to the complaiIll and in hislestimony, Long lestified thai he tiled aPetition to Establish Grandparent's Visitationand Petition to Register Foreign Judgment ina timely manner on April 27, 1995. Longdenied thai he received nOlice of any hearingin lhis mailer prior 10 the notice of lhe July 14hearing. Long also denied lhat he infonnedMs. Perryman of any June court date. In fact,Long lestified that he never requested anyhearing date. He stated to the Committee thatthe mailer was concluded in a four (4) monthperiod and that lhere was no diligence prob­lem. According 10 his lestimony, theResponse to lhe Motion to Dismiss was filedthree momhs after lhe MOlion had been tiledbecause he believed that the mailer would beuncontested. This was done despite therequiremenl of the Arkansas Rules of CivilProcedure requiring a response within 10days of service of the Motion.

Long teslified that he moved fromArkansas to Texas on August 19, 1995, andstated lhat he was no longer Ms. Perryman'sattorney after lhe August 18, 1995. hearing.He admiued that he did have a continuingobligation to ensure that lhe Coun's orderproperly renected lhe Court's ruling. but hedid not fulfill this obligation. According tohis lestimony, a copy of the proposed orderwas not forwarded 10 him for his reviewdespite the fact that opposing counsel had hisaddress; however. neither did he take it uponhimself to ensure lhe accuracy of the order.

DAVID CHARLES McMAHAN

CAMDEN,AR

A letter of suspension was issued 10 DavidCharles McMahan for violation of ModelRule 8.4(b) upon the complaiJ1l before theCommiuee. This Rule states that a lawyershall not commit a criminal act that renects

adversely on the lawyer's honesty, trustwor­thiness or filness as a lawyer in olher respects.

On July 26, 1995, McMahan was arresledin Ouachita County, Arkansas. At the time ofhis arrest, he was in possession of one (I)gram of crystal methamphetamine.Thereafter, on December 7, 1995, a felonyinfomlation was filed charging him with vio­lation of Section 5-64-101 of the ArkansasCode Annotated. This charge was a ClassFelony which is punishable by imprisonmentin the Arkansas Department of Correctionsfor 3-10 years, and/or a fine nol to exceed$10,000. The Probable Cause Affidavit wasalso flxed on December 7, 1995. lneluded inthe affidavit is an explanation of how he metwith a confidential infonnant at his office andrequesled that the infonnant obtain one (I)gram of crystal methamphetamine for him.When he returned from Coun around noon onJuly 26, 1995, McMahan instructed the infor­mant to wail until he completed some e1ientmatters and Ihen he would complele the dealwith him. He and the informant Ihen went tohis car and he was given the crystal metham­phetamine. McMahan lold the infonnant thathe had to go to the bank 10 obtain lhe moneyto pay for the drugs. He was arrested on hisway 10 the bank. A statement was providedby McMahan 10 the Deputy ProsecutingAttorney on the day he was arrested. In thisstatement, he explained that he was going tobe honest because it was not against the law"to use the Sluff, ii'S against the law to possessit." He, thereafter, appeared before CircuitJudge Larry Chandler on July 8. 1996, andsubmitted a written plea agreement 10 him.Pursuant to this plea agreement, JudgeChandler accepted his plea of guilty but didnot make a finding of guilt. Based upon hisadmission of guilt, he was placed on proba­tion for nOl less than a year. He was orderedto continue psychiatric treatment, to complywith all treatment plans and recommenda­lions of a mental health expen, and to be lest­ed for drugs on a random basis.

In his response he admilled that the allega­tions concerning his illegal drug usage and hisarrest were accurate. According to him, heimmediately resigned as public defender fol­lowing his arrest. He also admitted appearingbefore Judge Chandler to admit his guill to

the offense of possession of crystal metham­phetamine. Pursuant to Arkansas CodeAnnotated Section 5-64-407, Judge Chandleraccepted his plea of guilty but made no find­ing of guilt. No judgment of conviction wasentered. In his Response, he also assened thathe had been drug free since his arrest on July26, 1995. He also explained that he had beenunder the care of Chester Jenkins, M.D., sinceApril 9, 1996. He provided a statement of Dr.

H TIe ,Irklllal La"fer SOlin 199i

Jenkins with his response. According to hisaffidavit. he appeared and submitted to a ran­dom drug screen in October of 1996. Theresults of that screen were negative. He assert­ed his belief that his depression is under con­trol and that he is healthy now. An admissionwas made by McMahan that his use and pos­session of illegal drugs constituled"a criminaJact that renects adversely on (a) lawyer's ... fit­ness as a lawyer.. :' in violation of Model Rule8.4(b). He conceded that some disciplinaryaction is appropriate but urged that a sanctionshort of a suspension of his license beimposed. He c10scd his response by statingthat he was certain the difficullies of 1995would not occur again.

At the Commillee's request. an evidentiaryhearing was conducted in this mailer on March22. 1997. McMahan's complete medical filcfrom Dr. Chester Jenkins was provided by himand presented to the Committee. In addition,a statement prepared by his probation officerconceming three random drug screens wasprovided. This statcment set out tlmt he testednegative for THC/marijuana. cocaine. amphet­amines. and alcohol. Testimony was elicitedat this hearing from David BUllet. DeputyProsecllting Allomey. and Andrew Clements,his probation officer.

TIMOTHV O. WtLLlAMS

CONWAY, ARA leller of reprimand was issued 10 Timothy

D. Williams for the violation of Model Rules1.4(a). 8.4(c) and 1.15(b) upon the complaintfiled by Griffin J. Stockley. These Rules state,in pan. Ihat a lawyer shall keep a client rea~

sonably informed about the status of a mailerand promptly comply with reasonable requestsfor information; a lawyer shall promptly noti­fy a client upon rcceiving funds in which aclient has an interest; and, a lawyer shall nOIengage in conduct involving misrepresenta­tion.

Mr. Stockley's affidavit and his teslimonyexplained Ihat in his employment as staff allor­ney for Central Arkansas Legal Services(CALS) he was given a case file involvingHelen Thompson. Ms. Thompson had beenaccepted as a c1iem of CALS when she wassued for divorce. CALS referred the case toWilliams. Pursuant 10 his agreement withCALS. he agreed to represent Ms. Thompsonin her divorce action without charging her afee. On July 23. 1992. a divorce decree wasentered in Ms. Thompson's divorce proceed~

ing. The Decree provided for the sale of themarital home with the proceeds 10 be dividedequally between Ms. Thompson and her ex­husband. Williams was awarded an attorney'sfee 10 be paid by Ms. Thompson's ex-husband.His acceptance of Ms. Thompson as a pro

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bono client prevented him from recovering anattorney's fee from her. The marital home wassold 011 August 5, 1992. Mr. Stockleyreviewed the Chancery Court records afterlearning that Ms. Thompson had not receivedany funds from the sale of the marilal home.The closing papers from the sale of the maritalhome established that his $2.000 court award­ed anorney's fee was deducted from the grossproceeds of the sale of the marital home.Because of the deduction being from the grossproceeds. he actually recovered $1,000 of hiscourt-awarded fee from his pro bono client.Ms. Thompson. $2.143.23 was the amount ofthe nel proceeds from the sale of the marilalhome. These proceeds were 10 be dividedequally between Ms. Thompson and her ex­husband. pursuant to the Divorce Decree. Ms.Thompson bad never received an explanationof what happened 10 the proceeds. nor has sheever received any of the funds. Various repre­sentatives of CALS contacted Williams aboutthis mailer. but he never responded to them.nor did he ever contact Ms. Thompson aboulthese issues. Mr. StockJey also offered tesli­mony Ihat Williams contacled him after he wasserved with the complaint. In Williams' con­versation with Mr. Stockley. he offered to payMs. Thompson what she believed she wasowed. if the complaint was withdrawn.According to Mr. Stocklcy, Ms. Thompsonnever received any funds from Williams afterit was learned that the complaint could not bewithdrawn at that stage of (he proceedings.

In his wril.len response. Williams acknowl­edged Lhat the Court awarded him a fee of$2.000. He asserted thai Ms. Thompson grant­ed him 'lUlhorization to recover his fee fromthe proceeds of the sale of the marital proper­ty. He also pointed out that his fees were dis­counted for less than the amount due.According 10 him, he represented Ms.Thompson on other legal malleI'S. in additionto Ihe divorce aClion which was Ihe only onereferred by CALS as a pro bono representa­tion. He further explained thai Ms. Thompsonhad never made any claim with him aboutthese proceeds. Then. in his testimony beforethe Committee, he explained Ihat he was in aposition financially to send Ms. Thompson thefunds which he believed were owed to her.His testimony was also that Ms. Thompsonencouraged her 10 receive his fee from the pro­ceeds of the home. He provided copies of cor­respondence sem to Ms. Thompson in whichhe asserted that Ms. Thompson was awarc ofthe sale and the use of the proceeds.

In response to his assertions. Ms. Thompsonfiled all affidavit selling oul that she did notagree to lei him take his fee from funds dueher. In addition, Ms. Thompson cxplained thatshe had contacted him 10 delcrmine why she

had not received any money following the saleof the home but she never received a response.Ms. Thompson slated that at no time did sheever advise him that he could recover his feefrom the funds due her.

CARROLL P. CIIRISTlt\N

JACKSONVILI.E, ARA lettcr of suspension was issued to Carroll

P. Christian for the violation of Model Rule1.15(b) upon the complainl of Roy GeneSanders. This Rule states, in part, that uponreceiving funds in which a third person has aninterest. a lawyer shall promptly deliver to thethird person any funds that thecliem is entitledto receive.

Christian represenled Belinda Hankins in apersonal injury mailer. Ms. Hankins wasinsured by Shelter Insurance which paid her$5.000.00 under the terms of her insurancepolicy. Shelter Insurance, through its attorneyRoy Gene Sanders, notified all parties of itssubrogalion interests on July 14. 1994. OnSeplember 24, 1996. senlement was made anda check in the amount of $15.000.00 wasissued to Ms. Hankins. c.P. Christian, herattorney. and Sheller Insurance. Chrislianreceived the check and had it delivered to Mr.Sanders for his endorsement. Followingendorsement by Mr. Sanders. the check wasreturned to Christian. On October 31. 1996,November 7. 1996. and November 14. 1996.letters were sent to him by Mr. Sanders' fimlrequcsting that he make payment of Ihe$5.000.00 to Mr. Sanders' fiml. As of May 16,1997. payment of the subrogation interesls hadnot been made.

Christian appeared before the Committeeand admitted that he did not return ShelterInsurance Company's subrogation in a promptmanner. He stated thaI he was having federaltax problems which resulted in the InternalRevenue Service satisfying their lien againsthim. He apologized to Ihe Comrninee andassured it that Shelter's subrogalion interestswould be paid in the week following the May16. 1997. hearing.

PERVIS MICHAEL REI)OE:\,

CHESAPEAKE, VAA leuer or suspension was issued to Pervis

Michael Redden for the violation of ModelRules I. I5(a) and 8.4(c) upon the ComplaintBefore the Committee. These Rules state. inpart. that a lawyer shall hold property ofclients or third persons that is in a lawyer'spossession in conneclion wilh a representationseparate frOIll the lawyer's own property; and,a lawyer shall not engage in conduct involvingdishonesty. fraud. deceit or misrepreSelllaiion.

From infonnation coming 10 the aHention ofthe Commillee. an audit of his auorney truSt

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account for the period of time from January1995 to December 1995 was conducted. Theinformation gathered from those recordsresulted in a Complaint Before the Committee.The audit revealed his property being commin­gled with that of his clients on numerous occa­sions. Additionally, there were six (6) clientsettlement amounts placed in his trust account.A review of his records demonstrates Ihat prior

10 all client funds being paid out of his accounton their behalf, the balances fell below theminimum that should have been present.Further, there were numerous, al least sixty­two (62), occasions when trust account checkswere written for his personal use or expendi­tures. There were 108 checks written on thistrust account for the period of time reviewed.None of the 108 checks were wrillen for attor­ney's fees to him despite various deposits forfees from clients being made into the account.

His response began with an admission thatthere were sixty-two (62) checks written forpersonal use. Although he stated that he didnot intend [0 write them for improper purpos­es, he acknowledged that a more clear identityshould have been kept in the account. He alsoasserted that he did not intend [0 comminglefunds or convert what did not belong to him.In that regard, he averred Ihat he stood ready topay for any hann or damage caused by hismistakes. In addressing the funds held forboth him and his clients, he stated that he didnot have an accounting background and thathe did not keep up with his trust account todetennine a minimum balance. He closedwith an apology for not properly keeping histrust account.

MELVIN J,\CKSON

CLINTON, AR

A letter of caution was issued to MelvinJackson for the violation of Model Rule1.15(d) upon the complaint of Ross C.Hensley. This Rules states, in part, that upontcnnination of representation, an attorney shalltake steps to [he extent reasonably practicableto protect the client's i11lerests, such as givingreasonable notice to the client, allowing timefor employment of other counsel, surrenderingpapers and property to which the client is enti­tled and refunding any advanced payment offee [hat has not been eall1ed.

In his affidavit, Dr. Hensley stated that heowned rental properly in Morning Star,Arkansas. On August II. 1995, Dr. Hensleystated that he cal1ed Jackson to discuss evic­tion proceedings. Jackson agreed to begin thelegal action against the tenants for which hewas paid $250. In October 1995, Dr. Hensleysent him a certified letter demanding that thelawsuit be filed or his money returned. OnOctober 19, 1995, he called Dr. Hensley and

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told him that he would refund the money. Nolawsuit was ever filed and the money wasnever returned.

On January 16, 1996, the Executive Directorof the Committee on Professional Conductsent him a letter advising him of Dr. Hensley'scomplain[ so that he might have the opportuni­ty to resolve the situation if he deemed suchaction to be appropriate. Subsequently, Dr.Hensley contacted Ihe Director's office toinform him that he had received no responsefrom him regarding the dispute. On March 7,1996, he was sent by certified mail a lettercontaining a fom131 complaint and requestinga response within the alloned time. The com~

plaint was received by him on March 14, 1996.No response to the complaint was forthcom­ing.

Although he failed to submit a response to

the complaint after being duly served, he time­ly requested a de novo hearing pursuant toSection 5E(3), Procedures of the ArkansasSupreme Court Regulating ProfessionalConduct of Attorneys at Law.

Jackson testified that he had worked inpreparing a complaint for eviction, but beforeit was ready to be filed he learned that the ten­ants had moved from the property. He testifiedfurther that upon learning this he contacted Dr.Hensley. Dr. Hensley requested that hismoney be returned and Jackson agreed to doso. Upon receipt of the January 16leller fromthe Executive Director's office, he said he gavehis wife money to purchase a cashier's checkfor the return of Dr. Hensley's fee. He advisedthat he thought the matter had been resolved.On March 14, 1996, he received a fonnal com­plaint from the Committee on ProfessionalConduct. He did not respond within the allot­ted time period, and, at the hearing, offered nopersuasive justification of his failure to do so.

ALVIN L. SIMES

WEST H.:LENA, AR

A letter of caution was issued 10 Alvin L.Simes for the violation of Model Rules 1.1,1.4(3), 1.16(d) and 8.4(s) upon the complaintfiled by Robert F. Grigsby. These Rules state,in part, that a lawyer shall provide competentrepresentation to a client; a lawyer shall keep aclient reasonably infonlled about the status ofa matter and promptly comply with reasonablerequests for information; upon t.ennination of

representation, an allomey shall take steps tothe extent reasonably practicable to protect theclient's interests, such as giving reasonablenotice to the client, allowing time for employ­ment of other counsel, surrendering papers andproperty to which the client is entitled andrefunding any advanced payment of fee thathas not been earned; and, a lawyer shall notengage in conduct that is prejudicial to the

administration of justice.According to the infonnation contained in

Mr. Grigsby's affidavit, he first spoke withSimes during June of 1993. He contactedSimes in regard to visitation with his son. Thenext month, after visiting his son, Mr. Grigsbydecided 10 hire Simes to represent him in cus­todial matters concerning his son. Simes'quoted fee was also paid that month. DuringNovember of 1993, Me. Grigsby contacted himto advise that his minor son was in his physi­cal custody. Simes, then, filed a Petition forChange of Custody. However, the Petition hefiled was not the Petition signed by Mr.Grigsby in his office. The Petition signed inhis office was verified by Mr. Grigsby, the oneSimes filed was nol. In the hearing held on thePetition, he told the Court that he attemptedservice on the mother of the child, but she hadnot responded to him. At the close of the hear­ing, he was directed to send notice to the moth­er by certified, restricted delivery mail. Simespresented the Temporary Order of Custody tothe Court four days later. When he providedMr. Grigsby with a copy of the TemporaryOrder, he told him that if there was no objec­tion for 90 days, pernlanent custody would begranted to him. Almost one year later, aPet-ilion for Change of Custody was filed bythe child's mother. In this Petition, she assert­ed that she had been denied due processbecause she was not served with Mr. Grigsby'searlier petition. When Mr. Grigsby was servedwith the Petition, he hired another attorney torepresent him. Mr. Grigsby's new counselcontacted Simes to obtain a copy of Mr.Grigsby's file. Simes refused to provide it.Mr. Grigsby's wife offered to pay for copiesand postage but he still refused to provide it. Itwas crucial that Mr. Grigsby be able 10 demon­strate to the Court that Simes had auempted toserve the child's mother. Even so, Simes stillwould not provide Mr. Grigsby with a copy ofhis file. Instead he accused Mr. Grigsby's newcounsel of wanting him to practice law forhim. Mr. Grigsby ultimately lost custody ofhis son after much additional expense, whichMr. Grigsby believes could have been prevent­ed if Simes had either done as [he Court direct·ed or provided him the infonnatioll in his file.

Simes began his response by stating that hefiTst advised Mr. Grigsby to seek an attorneyfrom Texas because the child was residing in

Texas. According to Simes, he told Me.Grigsby that if the child was ever in Arkansas,he could attempt 10 obtain temporary custodyfor Mr. Grigsby. He pointed out that his rep­resentation of Mr. Grigsby ended onDecember 9, 1993. Further, according toSimes, he sent a Notice of Hearing to theaddress given him by Mr. Grigsby when hefiled the Petition on his behalf. Simes also

H rhdrkansRs !,atrier Summer 1991

acknowledged that he advised the Court thathe anempted service at the address given himby Mr. Grigsby. He went on to Slate that Mr.Grigsby gave him three different addresses forthe child's mother, but there is no assertionconcerning whether he attempted service at a1lthree addresses. He did not address in hisresponse the alleged failure to provide proof ofattempted service when requested to do so byMr. Grigsby and his new attorney.

BRYAN LOYD CHESSllIR

NASHV1LLE, ARA leller of caution was issued to Bryan

Loyd Chesshir for the violation of ModelRules 3.8(b) and 4.3 upon the complaint filedby Dale Alan Guyse. These Rules slate. inpart, that the prosecutor in a criminal caseshall make reasonable efforts to assure that theaccused has been advised of the right to, andthe procedure for Obtaining, counsel and hasbeen given reasonable oPpoTlunity to obtaincounsel: and, in dealing on behalf of a clientwith a person who is not represented by coun­sel. a lawyer shall not state or imply that thelawyer is disinterested. When the lawyerknows or reasonably should know that theunrepresented person misunderstands thelawyer's role in the maHer, the lawyer shallmake reasonable efforts to correct the misun­derstanding.

According to the information contained inMr. Guyse's affidavit, he contacted Chesshir,in his capaCity as Deputy ProsecutingAttorney, following his receipt of two sum­monses on criminal matters. Mr. Guyserecalled that Chesshir informed hjm thaI. atthe court appearance set on the mailers. a jointrestraining order would be signed. Further, headvised Mr. Guyse that it was not necessary tohave his attorney appear with him since it wasto be an agreed order. Mr. Guyse, also,remembered Chesshir explaining that if thealleged victim failed to sign the restrainingorder. the charged would be dismissed. Mr.Guyse had attempted to file a complaintagainst the alleged victim but he was told byChesshir it was not necessary because of thejoilll restraining order to be signed. Contraryto what Chesshir had explained to Mr. Guyse,when the alleged victim refused to sign therestraining order, Chesshir went to trial on thematter without allowing Mr. Guyse to contacthis attorney. Mr. Guyse later learned, throughcourt records, that he was representing thealleged victim in a civil mailer. This represen­tation was being undertaken at the time of Mr.Guyse's trial. Mr. Guyse ultimately wasrequired 10 expend a great deal of moneybecause the agreement, as Chesshir hadexplained it to him, was not honored. Mr.Guyse's attorney filed a Petition for

H fbe ,\rimas l,allIer Summer 199i

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Rehearing. He alleged that Chesshir had mis­led Mr. Guyse in his dealings with him.Chesshir did not respond to or in any manneroppose the petition. Mr. Guyse's petition forrehearing was granted.

In responding. Chesshir explained that hehad been Deputy Prosecuting Anorney forHoward County since January 1995.According 10 him. he felt it was his duty toamicably try and resolve the problemsbetween Mr. Guyse and his neighbor, thealleged victim. Chesshir explained that thealleged victim first came to his office for assis·tance in obtaining a Domestic AbuseRestraining Order. He assisted her with that.On that same day. Mr. Guyse came to hisoffice about the charges filed against him. Heacknowledged that he discussed the restrain­ing order with Mr. Guyse, but he recalled thathe told him to discuss it with his attorney.Further, he stated that he advised the allegedvictim that he could not represent her in herdivorce proceedings unless the joint restrain­ing order was signed. It was not until the dayof court that he learned the alleged victimwould not sign the restraining order. At thattime, Chesshir asserted that he told the allegedvictim he could no longer represent her in herdivorce proceeding. His recollection was thatwhen he was offered a cOlllinuance, Mr. Guysedeclined the offer and stated he was ready forcourt. Chesshir also averred that he did con­test the language in the petition filed by Mr.Guyse because he did not mislead him.However, Chesshir filed no response to thePetition.

THOMAS F. DONOVAN

SPRINGDALE, ARA leller of reprimand was issued to Thomas

F. Donovan for violation of Model Rules 1.3,1.4(a) and 1.5(c) upon the complaint filed byCharles Branch. These Rules state, in part,that a lawyer shall act with reasonable dili­gence and promptness in representing a client;a lawyer shall keep a client reasonablyinformed about the status of a mailer andpromptly comply with reasonable requests forinformation; and, a contingent fee agreementshall be in writing and shall state the methodby which the fee is to be detennined.

Charles Branch alleged that in April 1991,he and his wife were involved in an aUlomo­bile accident. West General InsuranceCompany, the liable party's insurer. wentbankrupt in 1992 and Mr. Branch employedhim for assislance shortly thereafter. Therewas no wriuen fee agreement but there was averbaJ agreement for 1/3 of the recovery. Mr.Branch stated that he never saw Donovanthereafter but thai he did have telephone con·,'ersations with him. While there were proofs

of claims being filed with the liquidation ofthe insurance company, he became concernedas time passed. Mr. Branch called theArkansas Property and Casualty Fund and wasadvised that the statute of limitations had runand the claim was barred. Mr. Branch thenconfronted him about the information he hadreceived. Donovan stated that he was 10 havea meeting with the lnsurance Commissionemployee and that he would let Mr. Branchknow what happened. Since that lasl conver·sat ion, Mr. Branch stated Donovan's phonewas disconnected and he was not able to col­lect for his losses.

For his response, Donovan admilled that hewas hired by Mr. Branch in 1992 and that hedid file the claim on time. At the time theclaim was filed, Donovan's records reflectedan address for Mr. Branch of 196 SouthChurch Street, Vilonia, Arkansas, 72173.Shortly after Mr. Branch came to Donovan'soffice, he mailed a fee agreement to Mr.Branch. Donovan slaled Ihat the contract wasnot returned. He asserted that he never heardfrom Mr. Branch until 1994 when Mr. Branchreceived a letter which infonned him lhat theclaim was barred by the statute of limitations.Mr. Branch then contacted him and informedhim of his new address and phone number.

His response also stated that it was hisunderstanding that the claim filed would pro­tect Mr. Branch's interests. Donovan indicatesthat he received no notices from any bankrupt­cy court or representative of the insurancecompany. He was not aware that filing suitmight have been necessary. He then called theAdministrator of the Arkansas Property andCasualty Guaranty Fund and was infomledthat the statute of limitation had run and theclaims of Mr. Branch were barred.

HAROLD L. KINGLITILE ROCK, AR

A letter of caution was issued to Harold L.King for violation of Model Rules 1.3 and1.4(a) upon the complaint filed by SharonGrice. These Rules state that a lawyer shallact with reasonable diligence and promptnessin representing a client and a lawyer shall keepa client reasonably informed about the statusof a matter and promptly comply with reason·able requests for infonnation.

In her affidavit of complaint, Ms. Griceexplained that she hired King in May of 1993to represent her in a divorce proceeding. Kingthen filed a Complaint for Divorce on Ms.Grice's behalf in October of 1993. The Waiverand Entry of Appearance which had beensigned by Mr. Grice in September of 1993 wasfiled with the Clerk in December of 1993.King provided the Judge with a DivorceDecree which was returned to him during

January of 1994 to obtain the appropriate sig­natures. King and Ms. Grice appeared beforelhe Chancellor during April of 1994, at whichtime Ihe Decree was signed. However, Kingdid not file the Divorce Decree at thai lime.SubsequentJy, Ms. Grice's ex·husband quitmaking child support payments because therewas no record of allY Decree requiring him todo so. Ms. Grice learned from a police officerIhal the Divorce Decree was of no effectbecause it had never been filed with the Clerk.According 10 Ms. Grice. when she wasinfonncd of this, she contacted King. Kingassured her that there was 110 problem.However, during the lime when no DivorceDecree was filed of record, Mr. Grice filed anAnswer 10 the Complaint. revoking his previ­ously filed Waiver. Eventually, in Septemberof 1994, fifteen months after King was hired topursue an uncontested divorce for Ms. Grice, aDivorce Decree was signed and entered ofrecord with the Clerk. Ms. Grice, personally,filed the Decree with the Clerk to ensure thatit was properly filed. Based on his inaction,Ms. Grice lost several weeks of child supportpayments because the Court would not enterthe Decree IlW1C pro mile to April of 1994.

In his response 10 the affidavit, Kingacknowledged being hired by Ms. Grice topursue a divorce action on her behalf. Heacknowledged that the firsl Decree of Divorcein Ms. Grice's proceeding was signed by theChancellor during April of 1994. Accordingto King, he gave the Decree of Divorce 10 hissecreLary LO be filed after iL was signed. Hebelieved the Decree had been filed and had noreason to believe otherwise. King was unableto recall any conversations WiLh Ms. GriceabouL the facL thaI Lhe Decree had nOI aCLuallybeen filed of record. King pointed out that theconversations may have occurred between Ms.Grice and his secretary. It was his avennentthat his secreLary hid her actions and misLakesfrom him unLil she left his employment. Kingexplained Lhat he did prepare a Decree to beentered nunc pro Lunc. but Judge Garrellwould noL sign il. Ln closing, he seL out that heregrelled any inconvenience caused 10 Ms.Grice because of his secreLary's actions andinacLions.

MR. JOnN F. GmSON, JR.MONTICELLO, AR

A leller of caul ion was issued to John F.Gibson, Jr., for violation of Model Rules 1.3and 8.4(d) upon a per curiam. These Rulesstate thaL a lawyer shall act with reasonablediligence and promptness in representing aclient; and, a lawyer shall not engage in con­duct Lhal is prejudicial 10 Lhe administration ofjustice.

lawyer disciplinary actions

On March 18, 1997, Gibson filed a Motionto File Belated Appeal wilh the ArkansasSupreme Coun on behalf of his client PaulSteven Jones. He admined in the MOlion Lhatit was a mistake on his part which caused Lherecord in this mailer to be tendered late 10 theClerk. In his MOlion, he explained Ihe diffi­culties he had experienced in oblaining thetranscript from Mr. Jones' trial. Based uponhis acceptance of responsibility in this maller,the Court granted his Motion on April 14,1997, and forwarded the Per Curiam opinionto the Committee.

In responding to the Per Curiam Complaint,Gibson slaled thai he was unable 10 obLain atranscript from the Court Reporter until afterthe time 10 perfect an appeal had expired.According to him, he was never put on nOlicethat Lhere was a problem with obtaining thetranscript from the Court Reporter. Heexplained that although the Court Reporterwallled her fee paid in advance, he was neveradvised of this fact. He did acknowledge thathe should have monitored Ihe Court Reponermore closely because it was his responsibility10 do so for his client's benefit.

SAM T. HEUER

LIl'-LE ROCK, A RA leller of caution was issued to Sam T.

Heuer for violation of Model Rule 1.3 uponthe complainL of Jason French. This Ruleslates that a lawyer shall act with reasonablediligence and promptness in representing aclient.

In his affidavit of complaint. Mr. Frenchaverred that he was charged with Ihree (3)counts of harassmenL and hired Heuer 10 rep­resent him in the Van Buren County MunicipalCourt. He was convicted and advised Heuerof his desire to appeal. Although he filed thenotice of appeal, he did not timely file thetranscripLs as required by Arkansas Rule ofInferior Coun 9(a). This requirement is juris­dictional in nature and his failure resulted inLhe dismissal of the appeal. According to Mr.French, Heuer did aLlempt to gel his appealreinstated; however, his efforts were not suc­cessfuL

For his response, Heuer admitted that hecommiued error in not filing the appeal tran­

scri pI. He slated that he was under the impres­sion thai the transcripts were filed by the clerk.He tried to get the appeal reinslated, butbecause of the Slale of case law on this point,he was not successful in lodging the transcript.He averred that he advised Ihe French familyof his error and recommended thaL they seekother counsel. It was his belief that there weresome federal issues that Mr. French could pur·sue regarding his having been denied access tothe courts. Heuer arranged a meeting with

another anomey to discuss these issues, butMr. French elected not to retain the attorneyand not to pursue the federal questions.

JAMES NOEL MILLER

FORREST Crrv, ARA leLLer of caul ion was issued LO James Noel

Miller for violation of Model Rule 3.3(a)(I)upon the complaint of Patrick Harris. ThisRule Slates, in part, that a lawyer shall notmake a false statement of material facllO a Iri·bunal.

Assistant United Stales Anomey PatrickHarris was responsible for cross-examiningMiller during a senlencing hearing held beforeHonorable George Howard, Jr. One of Lheissues which Judge Howard was called upon todeLemline was whether Ihere was a plea agree­ment between the United States and Miller'sclient, Jimmy Franklin Luttrell, at the time Mr.Luttrell entered his guilty plea. When Mr.Luttrell pled guilty, the Court inquiredwhether there was a plea agreement betweenthe United States and Mr. Luttrell Millersresponse to the Coun was Ihat there was noplea agreement. However, at Ihe sentencinghearing, he asserted that there was a pleaagreement in existence aL the Lime of entry ofthe plea of guilty. Even though Millerbelieved there to be a plea agreement in exis­tence when the Coun asked him at the pleahearing, he did not disclose that fact 10 theCoun. His lestimony at Lhe sentencing hearingwas that he had been able 10 secure a pleaagreement for his client, but that AssistantUniled States Attorney Kevin Alexander hadrefused to put the agreement in writing.During Mr. Harris' cross-examination of him,Miller admilled that his previous staLement tothe Coun about there noL being a plea agree­ment was false. He also stated that he believedit to be in his client's best interest not 10 advisethe Coun of the plea agreement. During cross·examination, he admiued that he had violatedModel Rule 3.3. Further. he Lestified Ihat hedid not "actively" try to deceive the Coun, buthe did "passively" do so.

In response 10 this Complaint, Millerexplained that throughouL his representation ofMr. Luttrell, he continued 10 discuss Lhe possi­bility of a plea agreement for him with thegovernment's attorneys. According to him, onthe third day of Mr. Luttrell's trial. Mr. Luttrellaccepted a negotiated settlement of his case inexchange for a len year sentence contingentupon Mr. Lunrell actually cooperaling withthe government. 11 was also his belief that hewas noL to announce (0 the Coun that therewas a plea agreement until the time of sen­tencing. Pursuant to his belief thai there was aplea agreement, he made Mr. Luttrell availablefor queslioning by lhe government. Miller

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for postage due and remailed on December 16.He stated that the brief and Motion To FileBelated Brief was received by the Clerk priorto the entry of lhe show cause order. He stat­ed in conclusion thaI he did not receive noticeof when appellant's brief was due until afterthe time the brief was due. Once he deter­mined that it was past due he took remedialaction. The case is now awaiting decision.

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and the entire filing fee should have beenreturned. He explained that he was at the timeof this matter suffering from personal prob­lems which made it difficulllO properly auendto business mailers.

JOE F. ATKI~SOS, JR.

fT. Si\IITII, ARA lener of caution was issued to Joe F.

Atkinson, Jr., for violation of Model Rules 1.3and 8A(d) upon the Per Curiam of theArkansas Supreme Court. These Rules stalethat a lawyer shall act with reasonable dili-gence and promptness in representing a client:and, a lawyer shall not engage in conduct thatis prejudicial to the administration of justice.

As attorney for appellant Johnny Propst,Atkinson failed to timely file a brief. A cita­lion to show cause why he should not be heldin contempt of court was entered. Atkinsonappeared and entered a not guilty plea. AMaster was appointed to conduct a hearingand make findings of fact Prior to the hearingAtkinson sent a letter to the Master advisingthat he wished to change his plea. He alsoIiled a petition with the Court indicating hisdesire to change his plea. In the petition he

acknowledged having made a serious mistake ::=================~in failing to file the brief and that it was hisresponsibility to ensure that filing was timely.He asked the Court to reinstate his client'sappeal. The appeal was reinstated and he wasfined 5250.

For his response he staled that after filingthe notice of appeal he received a leiter fromhis client asking that his representalion of himin this matter end. He filed a MOlion toWithdraw which was granled by the trial courton May 2, 1996. Since appellant indicated hisdesire to employ inmate "counsel" the trialcourt did not appoint him another auorney.The court reporter then forwarded the tran­script directly to the appellant. When hereceived lhe notice scheduling brief dates hefiled a Motion To Withdraw with the SupremeCourt. He asked for a "telephone extension"on July 8, 1996, and on that same date filed aMotion for Extension for thirty (30) days. TheMotion To Withdraw was denied on July 17,1996. On July 30, 1996, he mailed anotherMotion For Extension requesting sicty (60)days (0 the Clerk, He stated that the next thinghe heard was by way of a telephone callaround mid- ovember 1996 from SueNewberry, who indicated that Appellant'sresponse was tendered too late and the briefhad been due on October 12, 1996, and aMotion For Belated Brief was necessary to gellhe brief iled. At that point he was extremelybusy with another appeal and unable 10 com~

plete the brief herein ulllil December II, 1996.Allhough he mailed the brief it was returned

assened that it was always his belief that therewas a plea agreement in existence until themorning of sentencing, when the plea agree­ment felJ apart. Miller also stated that henever had any intent to make a false statemenlto the Court. Through his response, he accept­ed full responsibility for his actions.

GORDON L. HUMPHRI-:V, JR.

SIIERWOOO, ARA letter of caution was issued to Gordon L.

Humphrey, Jr., for violation of Model Rules1.3 and 1.16(d) upon the complaint of GaryLarue Crook. These Rules st:.tte, in part, that alawyer shall act with reasonable diligence andpromptness in representing a client and thatupon termination of representation an attorneyshall take steps to the extent reasonably prac­ticable to protect the client's interests, such asreturning any advanced payment of fees thathas not been earned.

In his complaint. Mr. Crook alleged thatHumphrey was employed by him on January16, 1996, 10 assist him in efforts to keep hisgrandson in the State of Arkansas. The childwas the result of a relationship between Mr.Crook's teenage son and his fifteen year-oldgirlfriend. When Humphrey was hired. he wasprovided two checks, one for allorney's fees inthe amount of $500.00 and the other for5136.00 for filing fees. Because of theurgency of the maller. it was explained toHumphrey that immediate action was needed.On January 31. 1996, the grandchild's under­age mother took the child out of state.Humphry was notified of this on February I,1996. By May 28, 1996, Mr. Crook requestedby leiter a return of any une.lrned monies. Mr.Crook followed that letter with a similar letteron June 18. 1996. On August I. 1996, theExecutive Director's Office of the Committeeon Professional Conduct wrote to Humphreyand suggested that he respond 10 the request ofMr. Crook. He failed to respond to any of theletters sent to him.

For his response to the complaint, he statedthat the allegations were essentially correctand uncontested. He provided informationthat the parents of the underage mother wouldnot allow her to be married to Mr. Crook's son.Humphrey suggested to Mr. Crook that heobtain a guardianship over the underage moth­er as she was a minor with no family or othersupervision in the state of Arkansas.Humphrey stated that he was in the process ofpreparing guardianship papers when he wasnotified that the mother had returned to herparents' home in Colorado. He asserted thatby that time he had office discussions and tele·phone conversations approximating threehours at the rate of $125.00 per hour. Headmitted that the uneamed portion of the fee

II n~ lrUN! i.aII!!I SIIIH Illi

Judge James Ricks CooperJames Ricks Cooper. 53. of Heber

Springs passed away in May.He was a judge serving on the

Arkansas Court of Appeals for the last 17years. He worked previously as a staffattorney for the Department of Financeand Administration; Chief Counsel of theDepartment of Finance andAdministration; a Deputy ProsecutingAttorney for the 14th Judicial District;Deputy Prosecuting Allorney for the 16thJudicial District and as a Consultant forthe Arkansas Tax Revision Commission.

He was a member of the Arkansas BarAssociation and the Cleburne County BarAssociation.

He is survived by his wife, JudyCooper; one son, Matthew Mahurin; twodaughters, Jamie Cooper and Laura BethCooper; one granddaughter, Jesse DrewCooper; all of Heber Springs; and hismother; Dorothy Cooper of North Lillie

Rock.

Judge Paul JamesonJudge Paul Jameson, 78, of

Fayetteville died in March.He was born April 3, 1918, at Aurora,

AR, the son of John Shernlan Jamesonand Mildred Frances Mullin Jameson andhad resided in Fayetteville since 1932. Hegraduated from Fayetteville High Schoolin 1934, attended the niversity ofArkansas and the University of ArkansasSchool of Law. He began his practice oflaw at Fayetteville in 1940 and continueduntil 1976 when he was elected circuitjudge of the Fourth Judicial Circuit whichincludes Washington and Madison coun­ties. After 10 years on the bench heretired from the judiciary and resumed hispractice of law. He served in the U.S.Navy during World War II aboard the USSSouth Dakota in the South Pacific and

orth Atlantic.Survivors include his niece and

nephew.

Judge Sam RobinsonSam Robinson, 98, of Lillie Rock,

retired Associate Justice of the ArkansasSupreme Court, died peacefully with hiswife, Ruth Ann, by his side in June.

Judge Robinson was a veteran ofWWI, having served in France. Upon

In Memorium

returning to Little Rock after the war. heworked as a riding boss on the ReadlandPlantation. then owned by the Cracraftfamily. In 1922. he decided to become alawyer. but having quit school in the thirdgrade, he had to take a special exam toassess the level of his knowledge. Hescored the equivalent of a four-year col­lege educalion, and was accepted into theLittle Rock Law School where he graduat­ed valediclOrian of the graduating class of1924, and wen I on 10 achieve the highestscore on the Arkansas Bar Exam. missingonly a part of one question. In 1940, hewas elected Prosecuting Anomey of the7th Judicial District, and served threetemlS. and in 1950 was elected to theArkansas Supreme Court where he servedfor 15 years, from 1951-1966.

Mike SkipperMike Skipper, 51, of Little Rock died

in February. He was a member of theArkansas Bar Association and theArkansas Trial Lawyers Association. Heserved his country in the United States AirForce.

He is survived by his wife, SusanSkipper; one son, Chesley Skipper: andone daughter, Jaime Skipper, both of Little

Rock.

Lindsay Cotton ThomasLindsay Cotton Thomas, 72, died in

March. He was born in Little Rock andgraduated from Lillie Rock High School,the University of Arkansas, and theArkansas Law School. He was the seniormember and founder of L. Cotlon Thomas& Company, Certified PublicAccountants. Mr. Thomas was a memberof the Board of Deacons of SecondPresbyterian Church. a member of theCountry Club of Little Rock. AmericanInstitute of Certified Public Accountants,Arkansas Society of Certified Public

Accountants, Arkansas Bar Associationand Sigma Chi fraternity.

0.0. (Jack) TurnerO.D. (Jack) Turner, 79, of Bella Vista,

died in May.He earned a juris doctor degree from

the University of Arkansas School of Lawin 1948; and later earned master of sci­ence and Ph.D degrees from the

University of Texas graduate school inbusiness and economics.

He gradualed from Fayetteville HighSchool in 1936. He served as a com­manding officer in the European Theaterduring World War II, nying more than 35combat missions. He was awarded the AirMedal and six clusters, the Purple Heartand the Distinguished Flying Cross. Hewas wounded and subsequenlly retired asa Iieulenant colonel.

The Arkansas Bar Foundation acknowl­edges with grateful appreciation thereceipt of memorial gifts and scholarshipcomributions gil'en in memory of the fol­lowing indi"iduals from March 1. 1997through June 30, 1997:

Do ALD J. ADAMS SCHOLARSHIP FuND,

IN MEMORY OF DoNALD J. ADAMS

Donald E. BishopJerry A. PinsonKen ReevesCarl B. McSpaddenJones Law Firm

IN MEMORY OF JUDGE JAMES COOPER

Judge William R. Wilson. Jr.

IN MEMORY OF HOR CE MCKENZIE

Beryl F. AnthOl1Y. Jr.

IN MEMORY OF E L COOPER MOODY

Beryl F. Anthony, Jr.

IN MEMORY OF MRS. RICHARD N.MOORE, SR.

Judge William R. Wilson, Jr.

I MEMORY OF WILLI M McRAE

POWELLJudge William R. Wilson, Jr.

IN MEMORY OF MICHAEL SKIPPER

Judge William R. Wilson, Jr.

IN MEMORY OF SUSAN STROM

Judge William R. Wilson, Jr.

Robert A. LeOarThe following is the eulogy written byllIdge Henry Woods and deli\'ered dur­ing the funeral for Robert A. LeflarOn the grave of Sir Christopher Wren,in the transept of St. Paul's cathedral,appear the words in Latin, "If you seeka monument, look around you." Thereis a physical monument to RobertLeOar in the Law Center named for himwhich is within a stone's throw of thisauditorium. But his great monumentexists in the lives of the men andwomen of the law who had the privi­lege to sit in his classes, not only thenervous freshman tort student fromsmall-town Arkansas, but those whobecame Supreme Coun Justices, suchas Warren Burger, Harry Blackmon,and John Paul Stevens, all of whomwere alumni of his famous school forappellate judges at ew YorkUniversity.

I was one of those nervous freshmenwho, almost sixty years ago, sat in aclass of about fifty aspiring law stu­dents, when this dynamo of a man hur­ried in and quickly opened the casebook to the first decision on ton law.As he began his logical, masterfulexposition of the cases, int.erspersedwith a sparkling Socratic dialogue, wewere transfixed. Even though only halfof that class graduated, no one ever for­got their first exposure 10 Raben LeOar.

It was my great privilege, as a seniorlaw student, to work for him as aresearch assistant. Even in those earlydays, when the number of his formerstudents was counted in hundreds andnot thousands, there was a conslantstream of letters seeking legal advicefrom their favorite professor. I havenever forgotten the zeal with which heattacked their most trivial problems--

IS Ue ,1.lullJ I,I'!I' S.IIIt 1m

In Memorium

the boundless energy, the rapidity butt.horoughness of his work regimen. tnthe words of Stephen Vincent Benet,"He was not mild with life. He grippedlife like a wrestler with a bull.Impetuously. It did not come to himwhile he stood waiting. He went to itand took it by both horns and threw itdown."

Raben LeOar's students becamegovernors, nited States Senators,Congressmen, legislators, legal schol­ars and law leachers, judges, and aboveall, competent, and sometimes great,lawyers. Three future govemors sat inone of his classes--two who wouldbecome governors of Arkansas and onewho would become governor of ewMexico. Sid McMath, one of them.appointed him to the Arkansas SupremeCoun.

Although Raben LeOar is recog­nized as a great scholar in the field oftorts, it was that difficult and esotericfield of conOict of laws that challengedhis precise and rational mind.Convinced that the theories of hisfamous Harvard professor, JosephBeals, were outmoded, he became theprincipal architect of the modem theoryof connicl of laws. By the middle ofthis century, he had become the preem­inent authority in the world on the lawof conflict of laws. His renowned t.ext­book has gone through four editions.

His writing in t.he field on conflictsshould nol overshadow a massive con­tribution to legal literature in otherfields. An anicle he wrote for theUniversity of Pennsylvania LawReview entitled, "Contribution andIndemnity Between Tonfeasors", Vol.81 Page 130, has probably been cited asmuch as any article in legal literature,and has had a monumental influence onthis difficult area of the law.

His experience as a director of thefamous New York University Schoolfor Appellate Judges resulted in twoinOuent;aJ books: Appellare JudicialOpinions and Internal OperatingProcedures of Appellale CourtS.During the time he headed this school,which he had a major role in establish­ing, it was attended by over half of theappellate judges in the nited Statesplus many Canadian, British, and otherforeign appellate judges.

Nor must we forget opinions heauthored while serving on the SupremeCourt of Arkansas. In Coca-Cola

Bottling Co. 1'. Hicks 215 Ark. 803,223S.W.2d 762 (1949), appears the clearestexplanation of the doctrine of res ipsaloquitur to be found anywhere in legalliterature. In Hill 1'. Wi/SOli, 216 Ark.179,224 S.w. 2d 797 (1949), can befound the best exposition of thePalsgraf doctrine extant.

Time does not permit a discussionof Raben LeOar's many other contribu­tions to mis state and this niversity.He presided over two constitutionalconventions, in 1970 and 1980.Although the proposed documents wererejected as a whole, significant portionswere enacted into law. For many years,he conducted a school for newly elect­ed members of the Arkansas legislaturein the week preceding each biennialsession.

He served on the highly prestigiouscommittee of the American BarAssociation which drafted the currentCanons of Judicial Ethics. He was alife member of the Commission onUniform State Laws. Due to his innu­ence, Arkansas has probably enactedmore uniform state laws than any otherstale. By common consent. his contri­bution to this highly important commis­sion has been unmatched.

At a time when most souLhern polit­ical leaders were embarked on a stub­born campaign of opposition to integra­tion, then-Dean Raben LeOar quietly,without litigation and fanfare. integrat­ed the University of Arkansas LawSchool. One of his first black students,Wiley Branton, became dean ofHoward University Law School and anassistant Attorney General for the

nited States.Bob never lost touch with his for­

mer students. He and his beautiful andtalented wife Helen Finger LeOar had apany for us each homecoming thathighlighted our return to the campus.Bob was proud of his two sons, both ofwhom followed him into academia.Rob, like his father, has become a high­ly regarded law professor. Charlesteaches at the business school.

Bob loved this University like heloved Helen-like a man loves a woman.Of all his imposing and voluminouswritings, he was perhaps proudest ofhis centennial history of the niversityof Arkansas, which he called, "a truelabor of love."

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