Bar Luncheon Thursday, Feb. 3 2011 BRBA Luncheon & Symposium Committee Inside: Inventory searches of automobiles Attorney spotlight: Amy Groves Lowe Getting to know the BRBA staff 2011 BRBA Bench Bar Conference April 28-30 Early Bird Discount Deadline: Feb. 15 Grand Hotel Marriott Resort, Golf Club & Spa in Point Clear, Ala. For more information, contact Ann G. Scarle: 225-214-5563 / [email protected] 2011 Conference sponsors: Baker, Donelson, Bearman, Caldwell & Berkowitz, PC Breazeale, Sachse & Wilson Chaffe McCall, LLP DeCuir, Clark & Adams, LLP Dr. Michael Goff / Louisiana Health & Injury Centers Kantrow, Spaht, Weaver & Blitzer, APLC Keogh, Cox & Wilson Lexis Nexis Louisiana State Bar Association McGlinchey Stafford, PLLC Newman, Mathis, Brady & Spedale Pendley, Baudin & Coffin, LLP Perry, Atkinson, Balhoff, Mengis & Burns, LLC Phelps Dunbar Roedel, Parsons, Koch, Blache, Balhoff & McCollister Stone Pigman Walther Wittman, L.L.C. Taylor, Porter, Brooks & Phillips, LLP USDC–Middle District Bench Bar Fund Walters, Papillion, Thomas, Cullens, LLC West, a Thomson Reuters business 10.5 hours Williamson, Fontenot & Campbell Attending judges: For sponsorship information: http://www.brba.org/forms/BBCsponsorship.pdf To register for the conference: http://www.brba.org/forms/BBC2011.pdf of CLE Credit available Judge Laura Davis Judge John Michael Guildry Judge Thomas Kliebert Jr. Judge Tony Marabella Judge Pamela Moses-Laramore Commissioner Rachel Morgan Judge Bill Morvant Judge Ralph Tureau Judge Alex “Brick” Wall Past presidents in attendance: Fred T. Crifasi • C. Kevin Hayes • Frank Holthaus • Jay Jalenak Jr. • Judge Tony Marabella Paul Marks • Mike Patterson • Ed Walters To reserve your room, go to http://www.marriottgrand.com and enter BABBABA in the box labeled “Group Code.” We have reserved a block of rooms from Wednesday, April 27, through Saturday, April 30, 2011. Featuring the Bench Bar Boogie Band 2 Around the Bar Come boogie with the Bench Bar Boogie Band as they make their final appearance at a BRBA Bench Bar Conference. Featuring the Benjy Davis Project February 2011 inside FEBRUARY 2011 4 Contributors 5 Letter from the president “Birds of a feather” BY PRESTON J. CASTILLE JR. 6 Bar luncheon 8 Tales from the bar side “Constitutional coupons” BY VINCENT P. FORNIAS 9 YLS corner “Get involved: March Madness Thirsty Thursday scheduled” BY AMANDA STOUT On the cover: This month’s cover photo features a photograph of 2011 BRBA Luncheon & Symposium Committee members (L to R, front row) 10 Attorney spotlight “Interview with Amy Groves Lowe, Luncheon & Symposium Committee chair” BY PAMELA LABBE Gail S. Stephenson, Amy Groves Lowe (chair), Lyla N. DeBlieux; (L to R, back row) Eric R. Miller, BRBA President Preston J. Castille Jr., Laurie Marien and Nina Hunter. Committee members are standing behind the lunch counter at the Original Dearman’s 12 “Inventory searches of automobiles” BY JOHN McLINDON 14 Bar news 18 “Getting to know the BRBA staff ” BY KELSEAY REED 20 Gail’s grammar 21 West’s Jury Verdicts – Baton Rouge 22 Foundation footnotes Soda Shop on Jefferson Hwy. Cover photography by Pamela Labbe. February 2011 Around the Bar 3 Published by the Baton Rouge Bar Association P. O. Box 2241, Baton Rouge, LA 70821 Phone (225) 344-4803 • Fax (225) 344-4805 Web site: www.brba.org contributors In three years, the Baton Rouge Bar Association will be a diverse mix of young energy and old traditions in service to members, the community and the legal profession. Preston J. Castille Jr., a partner with Taylor, Porter, Brooks & Phillips, is the 2011 president of the Baton Rouge Bar Association. Vincent P. Fornias, an assistant editor of Around the Bar, is a solo practitioner whose practice focus is alternative dispute resolution. Pamela Labbe is the communications coordinator of the Baton Rouge Bar Association. John McLindon, a partner with Rainer, Anding & McLindon, is a member of the Publications Committee. Kelseay Reed was the Fall 2010 public relations intern of the BRBA. OFFICERS Preston Castille Jr., President .......................................387-3221 Gail S. Stephenson, President-elect .........................................771-4900, ext. 216 Michael S. Walsh, Treasurer ..........................................344-0474 Darrel Papillion, Secretary ............................................236-3636 Fred Crifasi, Past President ...........................................766-0014 DIRECTORS AT LARGE Robert “Bubby” Burns Jr. Linda Law Clark Jeanne Comeaux Amy C. Lambert Kyle Ferachi Karli Glascock Wilson Laurie Marien, Ex Officio Nina Hunter, Ex Officio Amanda Stout, Ex Officio ABA DELEGATE Emily Black Grey APPELLATE SECTION Gail S. Stephenson, an assistant editor of Around the Bar, is the director of legal analysis and writing and an associate professor of law for the Southern University Law Center. Amanda Stout is the 2011 chair of the Young Lawyers Section Council of the BRBA. Eugene Groves..........................................................................Chair CONSTRUCTION LAW SECTION Jason Bonaventure..................................................................Chair Steven Loeb ...................................................................... Past chair FAMILY LAW SECTION Laurie Marien ............................................................................Chair Wendy L. Edwards ........................................................Chair-elect Thomas Hessburg ............................................................Secretary Melanie N. Jones .............................................................Past Chair PUBLIC LAW PRACTICE SECTION Nina Hunter ...............................................................................Chair Henry Graham ...............................................................Chair-elect Kelly Haggar ........................................................................At Large Sheri Morris ....................................................................... Past chair WORKERS’ COMPENSATION SECTION Robin L. Krumholt.............................................................Co-Chair Debra T. Parker ...................................................................Co-Chair Michelle M. Sorrells ..........................................................Co-Chair Judge Pamela Moses Laramore YOUNG LAWYERS SECTION OFFICERS Amanda Stout, Chairman .............................................382-3693 Jamie Hurst Watts, Chairman-elect ...........................922-5110 Lyla N. DeBlieux, Secretary. ..........................................382-3166 Catherine S. Giering, Past Chair ..................................343-5290 YOUNG LAWYERS SECTION COUNCIL Sebastian Caballero Ashton Michael J. Busada Scotty Chabert TEEN COURT OF GREATER BATON ROUGE needs attorneys to volunteer to assist with the program. To find out more, contact Donna Buuck at 225-214-5556 or [email protected] or R. Lynn Smith Haynes at 225-214-5564 or [email protected]. Adam Thames Laranda Moffett Walker BATON ROUGE BAR ASSOCIATION STAFF Ann Gregorie Scarle, Executive Director Donna Buuck, Youth Education Coordinator R. Lynn S. Haynes, Asst. Teen Court Coordinator Margaret Johnson, Administrative Assistant Robin Kay, Pro Bono Coordinator Susan Kelley, Office Manager Pamela Labbe, Communications Coordinator Carole McGehee, Lawyer Referral Coordinator Trang Nguyen, Pro Bono Coordinator Julie Ourso, Bookkeeper 214-5563 214-5556 214-5564 344-4803 214-5561 214-5559 214-5560 214-5557 214-5558 214-5572 PUBLICATIONS COMMITTEE Editor: Edward J. Walters Jr.— 236-3636 Assistant Editors: Vincent P. Fornias — 769-4553 Gail S. Stephenson — 771-4900, ext. 216 AROUND THE BAR supports participation of the membership in its production. We encourage the submission of articles and letters to the editor. Articles should be less than 1,800 words, typed and single-spaced. A Microsoft Word file should be e-mailed as an attachment to: [email protected]. For advertising information call Pamela Labbe at 225-214-5560. Display ads should be e-mailed as a high-resolution attachment as a .PDF, and classified ads as text only. Publication of any advertisement shall not be considered an endorsement of the product or service involved. The editor reserves the right to reject any advertisement, article or letter. Copyright © by the Baton Rouge Bar Association. All rights reserved. Reproduction in whole or part without permission is prohibited. To request permission or for more information, contact Pamela Labbe at 225-214-5560 or [email protected]. 4 Around the Bar Graphic Design / Ad Sales: Pamela Labbe — 214-5560 Robert Collins Amy E. Counce Lani Durio Katie Eckert Rachel Emanuel Greg Gouner Marshall Grodner Lexi Holinga Kate Bailey Labue Dale Lee John McLindon Jessica Orgeron Darrel Papillion Gracella Simmons Art Vingiello Jeff Wittenbrink Monika Wright All Rights Reserved • Copyright ©2011 February 2011 PHOTO BY DARIA DOYLE letter from the president BY PRESTON J. CASTILLE JR. Birds of a feather During orientation at Tulane Law School, John Kramer gave us the usual 1L speech: “Look to your left, look to your right, you will probably be sleeping with the person next to you by the end of the year.” What! What happened to the Kingsfield speech from The Paper Chase: “Look to your left, look to your right, because one of you won’t be here by the end of the year”? While Dean Kramer’s version was both funnier and more disturbing on many levels, he explained that the law school had raised its standards and did not expect the attrition that terrified most students. He then began to boast that our class not only had the highest academic credentials of any class in the history of the law school, but was the most diverse. I recently had lunch with Chancellor Jack Weiss, and he proudly touted a similar statistic about the LSU law school. The SU law center student population is nearly half white, and the Loyola law school recently selected its first female dean – the first of any Louisiana law school. In fact, women today make up more than half of all law school student enrollment. It is safe to say our Louisiana law schools aren’t our fathers’ law schools any more. All too often, we avoid differences and miss opportunities to grow personally and expand our understanding of others. This month we nationally celebrate our country’s great heritage of diversity and welcome all four of our Louisiana law school deans and chancellors. The deans and chancellors personally reflect the cultural metamorphosis our country is experiencing in terms of gender, racial and religious diversity. To share our experience, we are co-hosting our February luncheon and symposium Preston J. Castille Jr. with the Baton Rouge Association of Women Attorneys and the Louis A. Martinet Legal Society. I am often asked, “Why do we need specialty bar associations like Martinet and the BRAWA? Preston, if the goal is to become a more united society, why then do we have these separate organizations and institutions?” Aaahh, the great paradox! While this may be a great question for our panelists this month, I usually respond by saying, “For the same (or at least similar) reasons we have a Construction Law Section, a Family Law Section, a Young Lawyers Section, a Bankruptcy Law Section and practice groups and sections in our firms.” That is, while still part of the larger organization, we naturally have different interests and issues specific to our smaller groups. And, that’s not a bad thing… We should view these different organizations as an opportunity to make the entire bar association better, as we should embrace sub-groups of our society. In other words, while it’s true that “birds of a feather [sometimes] flock together,” lawyers and people (arguably, higher life forms) have the ability to have sub-groups (committees, sections and specialty bars, as well as different races, genders and religions) operate successfully and still function comfortably as an integral part of the greater organization and overall society. When birds flock together, it often provides an important nurturing and mentoring function for others. Think of our own immediate and extended families. Those smaller groups provide the support to help us build the skills and foundations for operating in the larger society. This month, we welcome all of our law school deans and chancellors. We also celebrate all of our “flocks” and hope their growing strength will make our larger bar association and society stronger, more productive and simply a better place. February 2011 Around the Bar 5 february bar luncheon 2011 COMMUNITY JUSTICE SYMPOSIUM: The State of Legal Education THURSDAY, FEB. 3, 2011 The BRBA will hold its February Bar Luncheon and Community Justice Symposium jointly with the Louis A. Martinet Legal Society and the Baton Rouge Association of Women Attorneys at 11:45 a.m. Thursday, Feb. 3, 2011, at De La Ronde Hall. A panel discussion of The State of Legal Education will be held featuring Loyola Dean Kathryn Venturatos Lorio, Tulane Dean David Meyer, Southern Loyola Dean Kathryn Venturatos Lorio University Law Center Chancellor Freddie Pitcher Jr. and LSU Law School Chancellor Jack Weiss. Preston Castille Jr. will moderate the discussion. All luncheon attendees will have a chance to win a gift certificate from Ruth’s Chris, donated by Walters, Papillion, Thomas, Cullens, and can have a photo taken with the dean or chancellor of his or her law school. Following the luncheon is a 2.0 hour CLE seminar starting at 1:30 p.m. Resources for Your Client: Sobriety Tulane Dean David Meyer SULC Chancellor Freddie Pitcher Jr. LSU Law Chancellor Jack Weiss Court and Drug Court. (Speakers listed below.) Seminar cost is $50 per BRBA member and $75 per non-member. Admittance to the bar luncheon is $20 per BRBA member and $30 per non-BRBA member. We accept payment in advance and at the door. VISA, MasterCard and American Express are accepted. Fax this form to 225-344-4805 before noon Monday, Jan. 31, 2011, to register. Checks are payable to the BRBA, P.O. Box 2241, Baton Rouge, LA 70821. SCHEDULE OF COMMUNITY JUSTICE SYMPOSIUM & BAR LUNCHEONS: THURSDAY, MARCH 3, 2011 — March Bar Luncheon: Legislating Justice; De La Ronde Hall at 11:45 a.m. Featuring: Sen. Dan Claitor, Sen. Rob Marionneaux, Rep. Franklin Foil, Rep. Hunter V. Greene, Rep. Michael L. Jackson and Rep. Eddie J. Lambert. Moderated by Kimberly Robinson. Sponsored by the BRBA Public Law Practice Section. THURSDAY, APRIL 7, 2011 — April Bar Luncheon: Crime and the Criminal Justice System; De La Ronde Hall at 11:45 a.m. Featuring: EBR Public Defender Michael Mitchell, EBR District Attorney Hillar Moore and EBR Parish Attorney Mary Roper. THURSDAY, MAY 12, 2011 — May Bar Luncheon: Where Will the Children Go? Our Juvenile Justice System; De La Ronde Hall at 11:45 a.m. Speakers: Patrick Bella, Elizabeth Betz, Judge Laura Davis, Sherry Patrick and Judge Lisa Woodruff-White. Moderator: Laurie Marien. Sponsored by the BRBA Family Law Section, which will hold a brief business meeting for FLS members following the May luncheon. Please fax this page to the Baton Rouge Bar Association, (225) 344-4805, by noon Monday, Jan. 31, 2011. Bar Roll No.__________________________ Please check applicable boxes: ❏ BRBA member ❏ Martinet member ❏ BRAWA member ❏ guest Name____________________________________________________ Firm___________________________________________ Address_________________________________________________________________________________________________ City ________________________________________________________ State ____________ Zip _______________________ Phone ___________________________________________________ Fax ___________________________________________ E-mail ___________________________________________________ ❏ ❏ 6 YES, register me for the FEBRUARY BAR LUNCHEON at DE LA RONDE HALL taking place Thursday, Feb. 3, 2011, at a cost of $20 per BRBA member, and $30 per nonmember. Reservations may be transferred, but not canceled, after 12 p.m. Monday, Jan. 31, 2011. “No shows” will be billed. YES, register me for the 2 HOUR CREDIT CLE SEMINAR at DE LA RONDE HALL, beginning at 1:30 p.m. Thursday, Feb. 3, 2011, $50 per BRBA member, and $75 per nonmember. Reservations may be transferred, but not canceled, after noon Monday, Jan. 31, 2011. “No shows” will be billed. Seminar title: Resources for Your Client. Discussion of Drug Court by Judge Tony Marabella, 1:30-2:30 p.m. Discussion of Sobriety Court by Cathy Childers (DWI Policy Specialist/ DWI Court Liaison for the La. Highway Safety Commission), Judge Suzan Ponder (Sobiety Court Judge), James Cook (Sobriety Court Coordinator) and Lisa Freeman (Prosecutor), 2:30-3:30 p.m. Around the Bar If paying by credit card, please include the following: Name on credit card_________________________________ Type of card: (circle one): MC VISA AmericanExpress Card Number:______________________________________ Exp. Date: ___________________ Security code: _________ February 2011 7, 11 & 13 = $0.00 Making the Chapters Add Up Bankruptcy and How It Relates to the Everyday Practice of Law A REDUCED COST CLE SPONSORED BY THE FAMILY LAW SECTION OF THE BATON ROUGE BAR ASSOCIATION AND HOSTED BY THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF LOUISIANA FRIDAY, FEB. 18, 2011 — 8:30 A.M. - 4:30 P.M. — UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF LOUISIANA, 777 FLORIDA STREET 8:30 - 9 a.m. 9 - 10:30 am. 10:45 a.m. - 12 p.m. 12 - 1 p.m. 1 - 2 p.m. 2:10 - 3:10 p.m. 3:10 - 4:10 p.m. 4:10 - 4:30 p.m. Registration and breakfast Optional admission to the Middle District is available Bankrupty for Dummies (Speaker: Judge Elizabeth Magner) for a separate fee of $180, paid directly to the court Automatic Stay (Speaker: Judge Robert Summerhays) via the following link: www.lamd.uscourts.gov Lunch Dischargeability (Speakers: Dwayne Murray, Elizabeth Hall and Stacie Butler) Ethics (Speakers: Michael Walsh and Judge Douglas Dodd) Training in Electronic Filing (Speaker: Nick Lorio) Swearing in to Middle District Ceremony (Optional) COST: $75 for Family Law Section members and pro bono volunteers who accept two cases between Jan. 15 and March 15, 2011; $125 for Family Law Section members who DO NOT accept cases; $150 for BRBA non-Family Law Section members; $175 for non-BRBA members. CREDIT HOURS: 5.75 hours will be offered, including 1.0 hour of Ethics. Law Practice Management credit pending. Materials will be distributed electronically in advance of the seminar. Reservations may be transferred, but not canceled, after noon Wednesday, Feb. 16. “No shows” will be billed. Fax this form to 225-344-4805 before noon Wednesday, Feb. 16, to register. Checks are payable to the BRBA, P. O. Box 2241, Baton Rouge, LA 70821. Bar Roll No.__________________________ Please check applicable boxes: ❏ BRBA member ❏ Family Law Section member ❏ Yes, I’ll accept a case. Name____________________________________________________ Firm_____________________________________________________ Address___________________________________________________________________________________________________________ City ________________________________________________________________ State ____________ Zip _________________________ Phone ___________________________________________________ Fax __________________________ E-mail _____________________ If paying by credit card, please include the following: Name on credit card_________________________________ Type of card: (circle one): MC VISA AmericanExpress Card Number:______________________________________ Exp. Date: ___________________ Security code: _____________________ MOCK TRIAL JUDGES & TIMEKEEPERS NEEDED The BRBF is in need of volunteers to be judges and timekeepers for the the High School Mock Trial Region III Competition Feb. 25 and Feb. 26. If you are interested, please contact Lynn Haynes at 225-214-5564 or [email protected]. February 2011 Around the Bar 7 tales from the bar side BY VINCENT P. FORNIAS Recently our community had the distinct privilege of experiencing something christened a “Second Amendment Tax-Free Holiday.” What will these marketing mavens think of next? On its surface, this little constitutional buying opportunity was directed to those who worship the rights and privileges afforded by the Second Amendment to the Bill of Rights – the right to bear arms, to dress in head-totoe camouflage, to kill or maim all manner of mammals, and generally to engage in various and sundry violent shenanigans bearing little relevance to the modifying clause of said Amendment (“A well regulated Militia, being necessary to the security of a free State, …”). But since now we have opened up this little constitutional can of fishing worms, has anyone out there considered the Equal Protection Clause and its palpable violation by the abject favoritism that this economic boon 8 Around the Bar Constitutional coupons shows to the Bass Pro crowd? What about the non-hunting artsy crowd? Isn’t there a fundamental right to buy watercolors and stained glass? Shouldn’t they get an occasional holiday from imposts at, say, Caffery Gallery or Circa 1857? Think about half-price day at a Bergman film festival at the Manship Theatre. And shouldn’t there be a First Amendment bargain day to enable thrifty freethinkers to get great deals at the local Cottonwood Books or Barnes & Noble? Aren’t we slighting all those deserving protesters or public assemblers who deserve a break in outfitting themselves at Best Buy or Radio Shack? And while we are at this, why stop with the Bill of Rights? Can’t someone fashion an annual Magna Carta Day, with prices reduced by $12.15 to everyone named John? Don’t forget The Siete Partidas. Fair Play for the Code of Hammurabi! February 2011 yls corner BY AMANDA STOUT, 2011 YLS COUNCIL CHAIR Come One, Come All! The first Thirsty Thursday of 2011 is set to kick-off March Madness and celebrate St. Patty’s Day. Wear your favorite team color or wear green; just wear something and join the YLS for a fun evening. Our first Thirsty Thursday will be held March 17, 2011, from 5 to 7 p.m. at The Blind Tiger (West Lee Drive). Come meet other young lawyers at what we promise will be a fun event. If you’ve never attended, Thirsty Thursdays are great happy-hour gatherings at various establishments around town where you can meet and mingle with other young lawyers in a casual setting. Following our March Madness Thirsty Thursday, we are planning Thirsty Thursdays in May, July and September. In addition to Thirsty Thursdays, the YLS offers several other ways for members to get involved. If you’ve never attended a Side Bar Luncheon, I encourage you to participate in one this year. These intimate lunches with February 2011 Get involved: March Madness Thirsty Thursday scheduled local judiciary are a great way for you to get to know our judges, find out how they operate their courtrooms and obtain valuable insight on the practice of law from the bench. The YLS is also planning its annual Summer Sizzlin’ CLE to be held in mid-July and several other onehour CLEs, which are specifically geared toward young lawyers. If you are looking for more hands-on involvement, the YLS sponsors two great events: Belly Up with the Bar and the Holiday Star Project. Both events are run by committees that always need fresh faces and new ideas. If you are interested in serving on either of these committees, please contact any one of the YLS Council members or the BRBA office. Watch for your monthly e-mail from your YLS representative and check out next month’s YLS corner for more information about our upcoming events. Around the Bar 9 attorney spotlight Interview with Amy Groves Lowe, Luncheon & Symposium Committee chair BY PAMELA LABBE ATB: When and how did you first become involved with the BRBA? 3, and Charlotte, who is 20 months. I live one block from my parents and see them almost every day. You don’t get any luckier than I am. AGL: During my first year as an attorney, I joined the Holiday Star Committee, which was a new BRBA committee. It was so much fun and so rewarding to volunteer and have such tangible results. ATB: What was your first paying job? AGL: My first paying job was teaching neighborhood children how to read over the summer. ATB: What are you, as Luncheon Committee chair, and the committee doing differently in 2011 from what the BRBA has done in the past? ATB: Who or what inspired you to become a lawyer? AGL: The Luncheon Committee, AGL: My dad was, and continues to be, Amy Groves Lowe which was renamed the Luncheon & my inspiration professionally. He is not Symposium Committee, adopted the only a great writer and litigator, but he theme of “community justice” and will attempt to have absolutely loves being a lawyer. He gives 100 percent to each luncheon focus on a specific issue of how we, as every case and continues to find the process of working attorneys, serve our larger community in obtaining justice on a case intriguing. He brings such passion to his work in all areas of life. As in years past, we will still have guest and really enjoys his job. He is also extremely professional speakers to lead discussion, but this year we plan to have a and, therefore, has the respect of his colleagues. It is a joy panel of experts on a given topic at each luncheon who can to watch him work and a privilege to get to work with provide more than one opinion and encourage dialogue. him. ATB: Where are you from and where did you grow up? Tell us about your family. ATB: Tell us about your education. AGL: I received my B.S. and M.A. in psychology from AGL: I was born and raised in Baton Rouge and have LSU. I graduated from the LSU Paul M. Hebert Law never left. I love Baton Rouge! My mother Jan Groves Center in 1997. was also raised in Baton Rouge. She has a great love for this city and not only sees its great potential, but works ATB: Describe your legal career up until now. avidly for change as a volunteer to numerous non-profit groups. My father Eugene Groves is a partner at Taylor, AGL: My focus throughout my legal career has always Porter and is the best litigator I have ever seen – and I have been civil litigation. My favorite cases are those that I am seen a lot. My parents have been married for more than 40 years and are devoted to each other and to our family. My sister and brother Four decades of experience in the both live in Dallas – Susannah is a resolution of State Ethics, Campaign Finance corporate trainer for Fannie Mae and Lobbyist Registration issues and general Construction Law and William is a portfolio manager at U.S. Trust. My husband David R. GRAY SEXTON TODD HEBERT Lowe is a partner with Keegan, 10715 N. Oak Hills Parkway DeNicola, Kiesel, Bagwell, Juban Baton Rouge, LA 70810 and Lowe, and we have two precious 225-767-2020 children – Rebecca, who is almost www.sextonhebert.com Sexton ~ Hebert, Attorneys at Law 10 Around the Bar February 2011 involved in at the very early stages, try before a judge or jury and then argue on appeal. Recently, I have combined my background in psychology with my experience as a litigator to assist other attorneys in jury selection. I have been hired to meet with attorneys to assist in developing strategies for jury selection and in presenting a case to a jury, and have been hired to actually handle the voir dire for specific trials. I also assist attorneys in creating jury questionnaires and participating in mock trials in larger cases, such as class actions and mass tort cases. ATB: How long have you been practicing with Taylor, Porter, Brooks & Phillips, LLP? AGL: I have been practicing with Taylor, Porter since I graduated from law school. ATB: When did you become a partner? AGL: Because so many cases settle, the most challenging part of my job is that most of my cases do not get to trial. I love trying cases, but it is often in my client’s best interest to settle prior to trial. ATB: Are you on any boards, committees or a member of any other organization? AGL: I currently serve as the sustaining advisor to the Marketing Council of the Junior League of Baton Rouge, where I was also a past president. I also teach first grade through third grade Sunday School at St. James Episcopal Church and am a member of their Youth Education Committee. ATB: What book have you read lately for pleasure? AGL: The Fall of the House of Zeus: The Rise and Ruin of America’s Most Powerful Trial Lawyer by Curtis Wilkie. AGL: I became a partner in 2002. ATB: What is your favorite vacation destination? ATB: What do you consider the most challenging part of your job? AGL: Rosemary Beach, Florida. OFFICE FURNITURE WORLD Affordable Quality New & Used Office Furniture like a million dollars furniture at savings Serving Baton Rouge Since 1990 Locally Owned of 45% to 65% less than the standard retail cost. Paralegal Studies Program Paralegal Program Approved by the American Bar Association Your office can look with premium quality Louisiana State University 225-751-4024 12944 Coursey Boulevard Baton Rouge, LA Helping lawyers find paralegals for full-time, part-time, permanent, and short-term employment. For more information about our placement services, call LSU Legal Studies at 225/578-6760. www.outreach.lsu.edu COURSEY BLVD. AT STUMBERG LN. February 2011 Around the Bar 11 Inventory searches of automobiles BY JOHN McLINDON When the United States Supreme Court handed down the decision of Arizona v. Gant, 129 S. Ct. 1710 (2009), several criminal law commentators predicted that there would be a rise in inventory searches by police officers. Gant held that police officers may search a vehicle incident to a recent occupant’s arrest only if the arrestee is within reaching distance of the passenger compartment at the time of the search, or it is reasonable to believe that the vehicle contains evidence of the offense of arrest. Absent these circumstances, officers can no longer search an arrestee’s vehicle as an “incident to an arrest” – one of the generally recognized exceptions to the search warrant requirement. In a recent case, State v. Escoto, 41 So.3d 1160 (La. 2010), the Louisiana Supreme Court analyzed a stop and search of a vehicle and determined that the search of an unmarked pill bottle found in the vehicle was reasonable and was a valid inventory search. On Dec. 26, 2008, two Covington police officers pulled over a vehicle for speeding. The driver and sole occupant of the car was Porfirio Escoto. He was unable to produce a valid driver’s license or proof of his legal status in the United States. He was arrested for operating a motor vehicle in the United States without lawful presence, which is a violation of La. R.S. 14:100.13. Prior to Gant arguably the officers could have searched the car as a search incident to arrest. However, because Mr. Escoto was removed from the car and because there was no reason to believe that the vehicle contained evidence of the offense of arrest, such a search could not legally be conducted. The defendant did not have a cell phone, and he had no phone number to contact anyone to retrieve or move his vehicle. It was parked near the shoulder of Highway 190 close to Covington High School. The officers called a tow truck, but before the tow truck arrived the officers conducted an inventory search of the vehicle. During the search one of the officers came across an opaque blue non-prescription pill bottle sitting in the center console cup holder. The officer opened the pill bottle and found a variety of pills. The officer then called a Walgreen’s Pharmacy to identify the pills. Walgreen’s indicated that some of the pills in the bottle required a prescription. The defendant was questioned about this and was unable to produce a prescription, stating that he had purchased the pills from a co-worker because he had hurt his hand. 12 Around the Bar Thereafter, the tow truck arrived on the scene. At the same time a woman identifying herself as the defendant’s girlfriend arrived on the scene. The girlfriend had been out looking for the Mr. Escoto because he was late coming home from work. The vehicle was released to the girlfriend, and she parked it in the Covington High School parking lot until she could return with someone to bring the vehicle home. Because the vehicle was not towed, an inventory form was never executed. Escoto was charged with possession of illegal narcotics. He filed a motion to suppress the drugs on the ground that they were obtained without a valid search warrant. The trial court granted the motion to suppress, finding that the officers were probably in good faith in commencing the inventory search, but also finding that they exceeded the scope of a true inventory search by opening and searching the blue pill bottle, which the court found did not have any inherent value for inventory purposes. The First Circuit denied the writ application of the state and thereafter the supreme court granted writs. The court began by noting that there were several exceptions to the search warrant requirements of both the Louisiana and the United States constitutions. The court cited South Dakota v. Opperman, 96 S.Ct. 3092 (1976), which recognized that one such exception to the warrant requirement is an inventory search of an automobile pursuant to standard police procedures. The court in Opperman ruled that inventory procedures have developed in response to three distinct needs: the protection of the owner’s property while it remains in police custody; the protection of the police against claims or disputes over lost or stolen property; and the protection of the police from potential danger. The Louisiana Supreme Court has adopted this reasoning. See State v. La Rue, 368 So.2d. 1048 (La. 1979). The court in Escoto, quoting from State v. Jewell, 338 So.2d 633 (La. 1976), held that an essential requirement to a valid inventory search is that the police must have acted in good faith in conducting the inventory search and must not have used the inventory process as a subterfuge for a warrantless search. The court went on to note that an inventory search is examined under a totality of circumstances test. Traditionally the court considers six factors in determining whether a true inventory search has taken February 2011 place: 1) whether the vehicle could not have remained safely where it was located; 2) whether the search was conducted in the field; 3) whether a tow truck was called before the search commenced; 4) whether formal impoundment procedures were followed; 5) whether the vehicle operator was asked if he consented to a search, or if the car contained any valuables, or if he would consent to a waiver of the protections afforded by inventory search; and 6) whether the operator was given an opportunity to make arrangements for someone to pick up the vehicle. The trial court, in granting the motion to suppress, ruled that the officers went beyond the scope of a true inventory search by opening the nonprescription pill bottle. The court reasoned that an innocuous bottle did not rise to the level of having any inherent value for inventory purposes. The trial court relied on Jewell, supra, which involved the search of a small Excedrin bottle found in the ashtray of a car. In Jewell the Louisiana Supreme Court determined that the inventory search was not conducted in good faith and found that the police officers were searching for incriminating evidence. The Escoto court distinguished Jewell. In the present case the officers felt that the vehicle’s location was a potential danger for traffic. Although the search was conducted in the field, the tow truck was called before the inventory search commenced. Also one of the officers testified that he filled out the standard wreckerinventory sheet, documenting all of the belongings inside the vehicle. However, the inventory form was never executed because the car was not loaded and taken away by the wrecker company due to the arrival of the defendant’s girlfriend. The court also distinguished State v. Rome, 354 So.2d 504 (La. 1978), which involved an invalid, illegal inventory search. After determining that the officers in Escoto commenced the inventory search in good faith, the court February 2011 then turned its attention to whether the officers exceeded the scope of a valid inventory search by opening the unmarked pill bottle. Citing a few U.S. Supreme Court cases, the court held that it was not unreasonable for a police department to search any and all containers pursuant to an inventory search as long as it was part of a routine, procedure or policy. The court held that it would be unreasonable to expect police officers in the everyday course of business to make “fine and subtle distinctions in deciding which containers or items may be searched and which may be sealed as a unit.” 41 So3d at 1166, citing Colorado v. Bertine, 107 S.Ct. 738 (1987). The officer who found the pill bottle in Escoto testified that “they are instructed to open containers like that.” Accordingly, the Louisiana Supreme Court found that the search was pursuant to the Covington Police Department’s practice of instructing their officers to search closed containers during inventory searches. The Louisiana Supreme Court also found that contrary to what the trial court ruled, an unmarked pill bottle can have inherent value as it could contain prescription medication or small valuables, such as jewelry. Finally, the court held that unconstitutional searches cannot be “constitutionalized by standardizing them as a part of normal practice.” However, when discretion is exercised according to standard criteria and on the basis of something other than suspicion of evidence of criminal activity, an established routine governing the opening of containers found during inventory searches is acceptable. With the Gant decision disallowing most searches incident to arrest, it can be expected that there will be a rise in inventory searches. Defense counsel and the courts should scrutinize these searches to be sure that they are true inventory searches and not a subterfuge for a warrantless, illegal search. Around the Bar 13 bar news BY PAMELA LABBE Mock Trial Competition set for Feb. 25 & 26 The BRBF will host the Region III High School Mock Trial Competition Friday, Feb. 25, and Saturday, Feb. 26, 2011, at the new 19th Judicial District Courthouse at 300 North Blvd. Lauren Byrd Reed is the chair of this year’s Mock Trial Committee. The BRBF formerly handled the Region V competition, but due to a recent reorganization, Region III now includes Ascension, Assumption, Iberville, East Baton Rouge, West Baton Rouge, Livingston, Point Coupee, St. Tammany and Tangipahoa parishes. The winning team will represent Region III at the state level competition to be held in Gretna, La., March 19, 2011. R. Lynn S. Haynes, staff liaison to the committee, needs volunteer judges and timekeepers to assist with this year’s Mock Trial Competition. Contact her at 225-214-5564 or [email protected] to volunteer. March Luncheon & Symposium to feature panel discussion on legislating justice Beer @ da Bar reception series to offer networking opportunities quarterly at Middleton Bar Center The BRBA will host a new reception series – Beer @ da Bar – beginning Feb. 22 from 5 to 6:30 p.m. at the Middleton Bar Center. All BRBA members are invited to attend. This networking opportunity is a chance for the BRBA to honor members of the legal community who are “making a difference.” This first Beer @ da Bar is being sponsored by Taylor, Porter, Brooks & Phillips. The BRBA/Auxiliary scholarship recipients attending LSU Paul M. Hebert Law Center and Southern University Law Center are confirmed as honorees for the February Beer @ da Bar event. Timothy Brinks is the LSU recipient of the spring 2011 scholarship and Krystin Frazier is the 2011 recipient from SULC. Other honorees include V. Charles Cusimano, Erin Monroe Wesley and Vanessa LaFleur. A bulletin board to post job openings will be on hand. Future Beer @ da Bar events are tentatively scheduled for May 12, Aug. 23 and Nov. 10, 2011. The BRBA luncheon set for Thursday, March 3, will involve a panel discussion titled “Legislating Justice” and will feature Sen. Dan Claitor, Sen. Rob Marionneaux, Rep. Franklin Foil, Rep. Hunter Greene, Rep. Michael L. Jackson and Rep. Eddie J. Lambert. This event is sponsored by the BRBA Public Law Practice Section. The luncheon will be held at De La Ronde Hall and will begin at 11:45 a.m. A two-hour CLE seminar on lobbying issues is scheduled to take place following the panel discussion. C. Kevin Hayes and Jimmy Burland will speak. For details, contact Ann G. Scarle at 225-214-5563. Law Day 2011 activities to be held Friday, March 25 The BRBF Law Day program will take place Friday, March 25, 2011, much earlier than in past years. The chairperson of the Law Day Committee is Al Perkins. Beau Brock is the vice chair. For more information, to join the committee or to volunteer to assist with this year’s event, please contact Donna Buuck at 225-214-5556 or donna@ brba.org. 14 Around the Bar February 2011 PHOTO BY PAIGE DAMPF PHOTO BY MARGARET JOHNSON PHOTO BY MARGARET JOHNSON Fred T. Crifasi, Joe Giglio Jr, Maggie Simar, Kyle Gideon and Trenton J. Oubre attended a joint meeting of the Lafayette Bar Association and the BRBA Nov. 17, 2010, at the Middleton Bar Center. Attending a joint meeting of the Lafayette Bar Association and the BRBA were Dona Renegar, Tricia Pierre and Preston J. Castille Jr. Newly installed First Circuit Judge Toni Higginbotham officiates Jack Dampf’s installation as ad hoc judge for EBR Family Court Jan. 5, 2011. Standing beside Dampf and holding the Bible is his wife Susan. Installation Ceremony for First Circuit Judge Higginbotham held Jan. 5; Dampf to serve as EBR Family Court ad hoc judge until April Judge Toni Higginbotham, elected to the Louisiana First Circuit Court of Appeal, was sworn in during a ceremony at the First Circuit Court Wednesday, Jan. 5, 2011. Louisiana Supreme Court Chief Justice Catherine “Kitty” Kimball officiated the ceremony. Jack Dampf, a past president of the BRBA and a partner in the firm of Dampf, Thibaut & Hessburg, was appointed as a judge in the East Baton Rouge Family Court to replace Judge Toni Higginbotham. Dampf, who will serve on the bench until the election in April to select a permanent judge, was selected by Justice Kimball. Judge Higginbotham officiated Dampf’s installation as ad hoc judge in a ceremony at the First Circuit Court of Appeal that followed her own installation. Register today for Bench Bar 2011 Register for the 2011 Bench Bar Conference today: www.brba.org/forms/ BBC2011.pdf. Early bird discount ends Feb. 15, 2011. Call 225-344-4803 with any questions. Junior Partners Academy needs more attorney volunteers The Junior Partners Academy is a new program that has been developed by the BRBF. Training will be provided for volunteer attorneys. Contact Donna Buuck at 225-214-5556 for details. February 2011 Around the Bar 15 Dean Henry George McMahon chapter of American Inns of Court wins national honor The Dean Henry George McMahon chapter of the American Inns of Court was honored in Washington, D.C., by the National American Inns of Court at its Celebration of Excellence ceremony. On behalf of the Dean Henry George McMahon chapter, President Judge Jewell “Duke” Welch accepted the 2010 Achieving Excellence Award, Platinum Level, at the ceremony recognizing the chapter, along with 14 others from around the country for the highest level of achievement. This is the third consecutive year that the chapter has been recognized for excellence by the national foundation. Thirst for Justice legal clinic needs volunteers The Pro Bono Project of the Baton Rouge Bar Foundation organizes two community outreach legal clinics each Wednesday and Thursday from 3 to 5 p.m. at the St. Vincent de Paul Center. The Project is still in need of attorney volunteers for its 2011 schedule. To volunteer, contact Pro Bono Coordinator Trang Nguyen at 225-214-5558 or [email protected]. Members of the Holiday Star Committee, BRBA staff and volunteers arrived at 8:30 a.m. Friday, Dec. 3, 2010, to help load gifts into a Diesel Driving Academy 18-wheeler on Holiday Star gift distribution day. In Washington, D.C., United States Supreme Court Justice Clarence Thomas (left) presents the 2010 Achieving Excellence Award, Platinum Level, to Judge Jewel “Duke” Welch. BRBA is now using social media If you use social media, you can follow the BRBA on Twitter: twitter.com/brBAR. On Facebook, search the keywords “Baton Rouge Bar Association” for both the BRBA fan page and the BRBA group. Ask-A-Lawyer workshop schedule for 2011 is set; volunteers are needed A total of 27 Ask-A-Lawyer workshops are scheduled for 2011, five of which will take place in February and March. The scheduled February legal clinics are Feb. 3 at Delmont Service Center and Feb. 16 at Catholic Charities. In March, Zachary Library will host the March 5 workshop, Catholic Charities will host the March 16 workshop, and the Eden Park Library will host the March 19 workshop. If you are an attorney who would like to volunteer your time toward making a difference in the Baton Rouge community, contact Trang Nguyen at 225-214-5558 or [email protected]. MEETING ROOM FACILITIES AVAILABLE FOR DEPOSITIONS & MEDIATIONS For more information, contact Margaret Johnson at the BRBA: 225-344-4803 16 Around the Bar February 2011 PHOTO BY PAMELA LABBE PHOTO BY PAMELA LABBE PHOTO BY PAMELA LABBE Scott Huffstetler, Erin Kilgore and Judge Brian A. Jackson attended the Dec. 13, 2010, Swearing In Ceremony and reception, sponsored by the Federal Bar Association, Baton Rouge Chapter. Huffstetler is an FBA officer. Judge Frank Polozola, Outgoing Federal Bar Association President Christine Goldberg, Chief Judge Ralph Tyson and 2010 BRBA President Fred T. Crifasi attended the reception following the Federal Court Swearing In Ceremony Monday, Dec. 13, 2010. BRBA hosts day-long Practicing in Baton Rouge CLE seminar, followed by federal court swearing in ceremony and FBA, BR chapter reception Photographed above are Judge Stephen C. Riedlinger, Jack Stanley and Linda Law Clark. Stanley, a law student with the LSU Paul M. Hebert Law Center, received a scholarship from the Federal Bar Association, Baton Rouge Chapter, during the Dec. 13, 2010, reception at the Federal Court. PHOTO BY PAMELA LABBE The BRBA and Federal Bar Association, Baton Rouge Chapter, partnered to host a day-long event Monday, Dec. 13, 2010. CLE seminars were held in the Middle District of Louisiana building for new lawyers, followed by a swearing in ceremony in Courtroom 1 of Federal Court. Afterward, the Federal Bar Association, Baton Rouge Chapter, held a business meeting and the installation of its officers. Outgoing chapter president, Christine Goldberg, led the meeting. Two law student scholarship winners were introduced, Jack Stanley from the LSU Paul M. Hebert Law Center and Angelica Evans from the Southern University Law Center. Family Law Section hosts bankruptcy CLE seminar Friday, Feb. 18 at U.S. District Court for the MDLA Lee J. Ledet, Jonathan Perry, Judge James Brady, Mary E. Colvin and Laura Haris attended the Swearing In Ceremony and the reception following it Monday, Dec. 13, 2010. PHOTO BY PAMELA LABBE The BRBA Family Law Section is hosting a CLE seminar titled “7, 11, & 13 = $0.00. Making the Chapters Add Up: Bankruptcy and How It Relates to the Everyday Practice of Law .” It will take place Friday, Feb. 18, 2011, at the U.S. District Court for the Middle District of Louisiana, 777 Florida Street. Registration and breakfast begins at 8:30 a.m. The 5.75 hour CLE concludes at 4:10 p.m., followed by an optional swearing in ceremony. See page 7, or call 225-344-4803 for more information. BRBA Volunteer Committee provides free lunch Thursday, Feb. 10 to recruitment lunch attendees Who says there is no such thing as a free lunch? The BRBA Volunteer Committee is hosting a recruitment lunch Thursday, Feb. 10, 2011, at the Middleton Bar Center to encourage more BRBA members to join the Volunteer Committee. If you are interested in attending or would like more information, please contact Carole McGehee at 225-214-5557 or [email protected]. February 2011 Photographed above are Karleen Green, Eric Miller, Christine Goldberg, Susie Furr and Betty Burke Uzee, who also attended the Swearing In Ceremony. Around the Bar 17 Getting to know the BRBA staff As the saying goes, it’s not what you know, but who you know that makes the difference. The purpose of this article is to provide you with a directory of BRBA staff contact information along with each employee’s primary responsibilities and committees they assist. For more information regarding the projects and committees of the BRBA, refer to the information below to contact the go-to person for the project or committee that interests you. Ann G. Scarle is in charge of managing the Baton Rouge Bar Association and Baton Rouge Bar Foundation. She supports the Board of Directors and supervises the staff. Her role is to implement the policies of the Board of Directors and its long-range plan. Scarle handles the Bench Bar Conference and CLE committees and assures the goals and objectives set in the organization are met. In addition, she works with the following sections: Public Law, Construction Law, Workers’ Compensation, Apellate and Bankruptcy. Scarle, only the second executive director the BRBA has ever had, was selected for this position in May 1991. She has been employed with the BRBA since February 1988. Ann G. Scarle, Executive Director [email protected] • 225-214-5563 Donna Buuck coordinates Teen Court, Youth Education, Belly Up with the Bar and Law Day committees as well as the new Junior Partners Academy. Buuck is in charge of recruiting volunteers, organizing activities and completing grant and status reports. She is jointly responsible for setting up hearings, trainings, client interviews and community services for juvenile defendants for the Teen Court of Greater Baton Rouge program. She has been employed by BRBA for 19 years. Donna Buuck, Youth Education Coordinator [email protected] • 225-214-5556 R. Lynn S. Haynes is staff liaison to the Mock Trial Committee and assists with the Teen Court and Youth Education committees. She manages the Teen Court database and is jointly responsible for Teen Court sessions, including group and parent-child sessions, trainings, client 18 Around the Bar BY KELSEAY REED interviews and community services for juvenile defendants. For Mock Trial, she secures the venue, judges, volunteers and students. Haynes also assists in securing attorneys to teach lesson plans in the classroom. Haynes also coordinates counselor education graduate students for Teen Court. She has been with the BRBA for 12 years. R. Lynn S. Haynes, Assistant Teen Court Coordinator [email protected] • 225-214-5564 Margaret Johnson, assistant to the executive director, provides staff support to the Board of Directors, the monthly bar luncheons and all court receptions. Johnson is the staff liaison to the Continuing Legal Education, Bench Bar Conference and Ball Maul committees. She coordinates the annual Softball Tournament and serves aas the staff liaison to several sections: Workers’ Compensation, Construction Law and Public Law Practice. Johnson coordinates Middleton Bar Center’s room rentals, answers the main phone line and greets the public and BRBA members. She is responsible for handling mail and updating BRBA’s master and website calendars. She processes event and CLE registrations, reports hours and submits courses for accreditation to Mandatory Continuing Legal Education and prepares and distributes the weekly e-newsletter. Johnson began her BRBA career in May 2010. Margaret Johnson, Administrative Assistant [email protected] • 225-344-4803 Robin Kay organizes the activities of the Pro Bono Committee and Family Law Section. She provides grant reporting and prepares monthly status reports for the Pro Bono Project. Kay recruits attorney and law student volunteers for the various programs of the Pro Bono Project, which includes Thirst for Justice, Ask-ALawyer, Wills for Heroes and case placements. She also manages the pro bono database and is jointly responsible for placing pro bono clients with volunteer attorneys. Kay has been with BRBA for three and a half years. February 2011 Robin Kay, Pro Bono Coordinator [email protected] • 225-214-5561 Susan S. Kelley, office manager, coordinates the activities of the Young Lawyers Section, Holiday Star and Membership committees. Kelley is in charge of ordering office supplies, making deposits, processing new members and handling building maintenance and the Association’s database software. She has been with the BRBA for 21 years, with a few breaks in between. Susan S. Kelley, Office Manager [email protected] • 225-214-5559 Pamela Labbe is the staff liaison to the Publications, Law Expo and Technology committees. She helps plan, design and edit 10 issues of Around the Bar a year with the guidance of volunteer editors. Her tasks include photography, magazine advertising sales, website February 2011 updates, form creation and design of the printed legal directory. She secures Law Expo sponsors, designs print ads, answers queries from the BRBA website and listserv, prepares signage for all BRBA events and supervises a communications intern each semester. Labbe administers BRBA’s social media (Facebook and Twitter), markets Association programs, and writes/distributes press releases to the media. She has been with BRBA for 11 years. Pamela Labbe, Communications Coordinator [email protected] • 225-214-5560 Carole McGeheee handles the Lawyer Referral and Information Service as well as the Volunteer and Easter Eggstravaganza committees. She answers approximately 400 calls monthly, sets up appointments with panel members and manages the Association’s Lawyer Referral database. She is responsible for coordinating paralegal interns, monthly Volunteer Committee events and the annual Easter egg hunts. She has been with BRBA for 10 years. Carole McGehee, Lawyer Referral Coordinator [email protected] • 225-214-5557 Around the Bar 19 GAIL’S GRAMMAR Trang Nguyen provides staff support to the Pro Bono Committee. Nguyen coordinates the Thirst for Justice legal clinics and Ask-A-Lawyer workshops. She manages the pro bono database and coordinates law student volunteers. Nguyen is also jointly responsible for placing pro bono clients with volunteer attorneys. In addition, she is responsible for the Pro Bono Project’s report in Foundation Footnotes in Around the Bar each month. She has been with BRBA since April 2010. Trang Nguyen, Pro Bono Coordinator [email protected] • 225-214-5558 Julie Ourso is staff liaison to the Operations and Finance Committee. Julie assists in answering the phone, sets up all new events in the Association’s database, prepares monthly financial reports, handles the accounting system, accounts payable, accounts receivable and payroll, and coordinates the annual audit. She has been employed by the BRBA for nine years. We are all familiar with the concept that to compare two things, we use the comparative “er” or “more,” but for three or more things we use the superlative “est” or “most.” But is it wrong to use the superlative with two items? Although some hold the firm belief, probably drilled into their heads in elementary school, that one who has only two daughters could never say “Sara is my youngest daughter,” many would disagree. Writers who have used “the superlative of two” include Hemingway, Shakespeare, Milton and Defoe. Merriam-Webster’s Dictionary of English Usage states, “The rule serves no ... practical function except to separate those who observe the rule from those who do not.” So instead of trying to be hypertechnical, just use whichever one sounds better [or best] to you. It’s all right to put your best foot forward, even though you have only two. Thanks to Lorraine Crifasi for suggesting this topic. Send suggestions for future Gail’s Grammar columns to Gail Stephenson at [email protected], or call Gail at 225.771.4900 x 216. Julie Ourso, Bookkeeper [email protected] • 225-214-5572 And, of course, BRBA staff members pitch in during all events and receptions, in addition to their usual duties listed above. REQUESTED: LEGAL ARTICLE SUBMISSIONS Let us know if you would like to write an article to be published in Around the Bar. Please contact: Pamela Labbe at 225-214-5560 or [email protected] 20 Around the Bar February 2011 February 2011 Around the Bar 21 foundation footnotes PRO BONO PROJECT & TEEN COURT REPORTS PRO BONO PROJECT REPORT — We would like to thank all volunteers who donated their time to the Pro Bono Project during November and December. Solo practitioners who volunteered for Thirst for Justice were Terry Bonnie, Allen Posey, Byron Kantrow, and Judge Melvin Shortess (Ret.). Volunteers for Thirst for Justice with firms were Durward Casteel, Casteel & Associates; Chad Dudley, Chris Keyser and Paul Wilkins, Dudley DeBosier; Stephen Strohschein, McGlinchey Stafford, PLLC; Alvin Washington, Southern University Law Center; and Cyrus Greco, Ann Halphen, William Kaufman, Harry Philips, Margaret Tooke and W. Luther Wilson, Taylor, Porter, Brooks & Phillips. The law student intake volunteers were Jennifer Dietz, L.B. Graham and Mandisa Moore, LSU Paul M. Hebert Law Center; Sawyer Halbrook, Cleveland Patterson and Christopher White, Southern University Law Center. The Baton Rouge Bar Foundation interns were Trey Dominique, Sawyer Halbrook, Cleveland Patterson and Christopher White, Southern University Law Center. The Ask-A-Lawyer workshop solo practitioner volunteers were Terry Bonnie, Scott Gaspard, and Emily Ziober. Ask-A-Lawyer volunteers from law firms were Durward Casteel, Casteel & Associates; Paul Wilkins, Dudley DeBosier; and Todd Gaudin, Kuehne, Foote & Gaudin, APLC. The following solo practitioners accepted cases in November and December: Samantha R. Ackers, George Bayhi, Laura Bergeron-Hart, Arax Brumfield, Jimmie Brumfield, Erik Burns, Rick Caballero, Taylor Caffery, Fred Crifasi, Shannon Fay, Deborah Gibbs, Joanna Hynes, Mark Lazarre, Sharon Lee, David Marquette, Rusty Messer, Barrington Neil, Melanie Newkome-Jones, Amanda Rogers, Robert Savage, Dan Scheuermann, Doreen Taravella, Michael Theriot, Mary Thompson and James Zito. Attorneys from law firms who accepted cases in November and December were Alesia Ardoin, The Louisiana Board of Ethics; James Austin, Richard Easterling and William Shea, Adams & Reese; Rebecca Wisbar, Akers & Wisbar, LLC; Jarvis Antwine, Antwine, Harvey & Ruth, LLC; Stephen Babcock, Babcock Law Firm; Sharon Williams, Barrister Litigation Support Solutions, Inc.; William Thies, Beall & Thies, LLC; Paul Hebert Jr., Breazeale, Sachse & Wilson; Henri Saunders, Cardenas & Saunders; David Cohn, The Cohn Law Firm; Linda Law Clark, Decuir, Clark & Adams, LLP; Lisa Leslie Boudreaux, Laurie Marien and Vincent Saffiotti, Downs, 22 Around the Bar Saffiotti & Boudreaux; Tiffany Foxworth, Foxworth Law Firm; David Andress, Grand Law Firm; John DeGeneres, Herpin and DeGeneres; Connell Archey, Kantrow, Spaht, Weaver & Blitzer, APLC; Jason Brown, Kean, Miller; Todd Gaudin, Kuehne, Foote & Gaudin APLC; Eric Miller, The Kullman Firm; Lorraine McCormick, McCormick & McCormick; Michael Ferachi and L’Kenya Jackson, McGlinchey Stafford, PLLC; Benjamin Mouton, McGlynn, Glisson & Mouton; Anne Myles, Myles, Cook & Day; John Brady, Newman, Mathis, Brady & Spedale; Robert Lancaster, Paul M. Hebert Law Center; Lisa Prater Bailey, Prater Bailey & Associates, LLC; Brian Prendergast, Prendergast Law Firm, LLC; Jeffrey Wittenbrink, Rowe Law Firm; Alfred Shapiro, Shapiro and Shapiro; Ronnie Berthelot, Shows, Cali, Berthelot & Walsh, LLP; Cynthia Reed, Southern University Law Center; Gary McKenzie, Steffes, Vingiello & McKenzie; and Victor Woods, Woods Holloway, LLP. The Pro Bono Project is financially assisted by the Interest on Lawyers’ Trust Accounts (IOLTA) Program of the Louisiana Bar Foundation; Capital Area Legal Services; Family, District and City Court Filing Fees and the Baton Rouge Bar Foundation. TEEN COURT REPORT— During December, Teen Court defendants participated in a community service project with the Baton Rouge Constable’s Office and Holiday Helpers, Inc. The teens assisted with organizing and wrapping gifts for a toy distribution. Volunteers are needed to serve as judges for the Teen Court hearings and to assist with training sessions. If you are interested in volunteering, contact Donna Buuck at 225-214-5556 or [email protected]. Teen Court of Greater Baton Rouge is funded by a grant from the Louisiana Office of Juvenile Justice (formerly the Office of Youth Development), a grant from the Louisiana Bar Foundation’s IOLTA program and from the Baton Rouge Bar Foundation. This project is also supported in part by Grant No. 2009-JF-FX-0059 awarded by the Office of Juvenile Justice and Delinquency Prevention, Office of Justice Programs, U.S. Department of Justice. Points of view or opinions in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice. February 2011 February 2011 2 For classified or display ad rates, contact Pamela at (225) 214-5560 or e-mail: [email protected] Duty Court Schedule 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Judge Hernandez Judge Clark Judge Bates 19TH JDC CRIMINAL COURT*** Jan. 28-Feb. 4 Feb. 4- Feb. 11 Feb. 11-Feb. 18 Feb. 18-March 4 Judge Anderson Judge Erwin Judge Jackson Judge Moore BATON ROUGE CITY COURT* Jan. 31-Feb. 6 Feb. 7-Feb. 13 Feb. 14-Feb. 20 Feb. 21-Feb. 27 Feb. 28-March 6 Judge Wall Judge Alexander Judge Ponder Judge Davis Judge Temple FAMILY COURT** Jan. 31-Feb. 4 Feb. 7-Feb. 11 Feb. 14-Feb. 18 Feb. 21-Feb. 25 Feb. 28-March 4 Judge Dampf Judge Lassalle Judge Baker Judge Woodruff-White Judge Dampf JUVENILE COURT Feb. 1-Feb. 28 Judge Richey NOTE: Duty Court changes at 5 p.m. each Friday unless otherwise specified. *City Court’s Duty Court schedule changes each Monday at 8 a.m. **Family Court’s Duty Court schedule changes at 4 p.m. each Friday ***19th JDC Criminal Court changes each Friday at noon COURT HOLIDAY Monday, Feb. 21 1 3 19THJDC CIVIL COURT Jan. 31-Feb. 11 Feb. 14 - Feb. 25 Feb. 28 - March 11 1 Classifieds ATTORNEYS/JUDGES WHO BELIEVE they have problems with alcohol and/or drugs are welcome to attend meetings with other similarly situated attorneys/judges held on Tuesdays at The City Club, 355 North Blvd. Contact number: 225-753-3407. Thursday meetings are at Bocage Racquet Club, 7600 Jefferson Hwy. Contact number: 225-928-5053. Both meetings are dutch treat and are from noon to 1 p.m. Strict anonymity is observed outside these 12-Step Meetings. — SAVE THE DATE — Baton Rouge Bar Association, Louis A. Martinet Legal Society and Baton Rouge Association of Women Attorneys Join Meeting and February Bar Luncheon & Community Justice Symposium, Thursday, Feb. 3, 2011, De La Ronde Hall, 11:30 a.m. B E N C H B A R C O N F E R E N C E 2 0 11 Be sure to make your hotel room reservations early at the Marriott Grand Hotel in Point Clear, Ala., for the 2011 BRBA Bench Bar Conference. The Benjy Davis Project will be performing. Be sure to see the Bench Bar Boogie Band’s Final Conference Performance! Registration forms are online at www.brba.org/forms/BBC2011.pdf. For more information, contact Ann G. Scarle at 225-214-5563. EARLY BIRD DISCOUNT DEADLINE: Feb. 15, 2011. Presidents’ Day L AW D AY N E E D S V O L U N T E E R S Law Day is early this year: Friday, March 25, 2011. To volunteer, contact Donna Buuck at 225-214-5556. GET PUBLISHED IN OUR NEXT ISSUE! Write an article for publication for Around the Bar. E-mail it to: [email protected]. Call for more details: 225-214-5560. February 2011 Calendar of Events 1 2 3 7 8 9 10 14 16 17 18 MOCK TRIAL COMPETITION needs judge and timekeeper volunteers for the 2011 Region III High School Mock Trial Competition. To volunteer Feb. 25 or Feb. 26, contact Lynn Haynes at 225-214-5564. *Unless otherwise noted, all meetings will be held at the Baton Rouge Bar office. 21 22 23 24 25 26 28 Public Law Practice Section, 12 p.m., Livingston Building, 885 N. Third St.; YLS Council meeting, 12 p.m. Thirst for Justice, St. Vincent de Paul, 3-5 p.m. Ask-A-Lawyer workshop, 9-11:30 a.m., Delmont Service Center; February Bar Luncheon & Symposium with Louis A. Martinet Legal Society and BRAWA, De La Ronde Hall, 11:30 a.m.; Court Procedures CLE Seminar, De La Ronde Hall, 1:30 p.m.; Thirst for Justice, St. Vincent de Paul, 3-5 p.m. Operations and Finance Committee meeting, 3:30 p.m.; Executive Committee meeting, 4 p.m. Teen Court hearing, EBR Juvenile Court, 5:45 p.m. Workers’ Comp meeting, 12 p.m., location: TBA Law Day Committee meeting, 12 p.m.; Pro Bono Committee meeting, 12 p.m.; Thirst, St. Vincent de Paul, 3-5 p.m. Volunteer Committee Recruitment Lunch, 12 p.m.; Mock Trial Committee meeting, 12 p.m.; Thirst, St. Vincent de Paul, 3-5 p.m. Publications Committee meeting, 12 p.m. Ask-A-Lawyer workshop, 9-11:30 a.m., Catholic Charities; Thirst, St. Vincent de Paul, 3-5 p.m.; Board of Directors meeting, 6 p.m., Mansur’s Mock Trial Coaches Meeting, 12 p.m.: Thirst, St. Vincent de Paul, 3-5 p.m. FLS CLE Seminar – 7, 11 & 13 = $0.00 Making the Chapters Add Up: Bankruptcy and How It Relates to the Everyday Practice of Law. 8:30 a.m.-4:10 p.m., U.S. District Ct. MDLA, 777 Florida St. CLE Committee meeting, 12 p.m. Youth Education Committee meeting, 12 p.m.; Beer @ da Bar reception, 5 - 6:30 p.m. Thirst, St. Vincent de Paul, 3-5 p.m. Thirst, St. Vincent de Paul, 3-5 p.m. Regional High School Mock Trial, 19th JDC, 300 North Blvd., 1:15 - 6 p.m. Regional High School Mock Trial, 19th JDC, 300 North Blvd., 8 a.m. - 1 p.m. Teen Court hearing, EBR Juvenile Court, 5:45 p.m. Around the Bar 23 Baton Rouge Bar Association P.O. Box 2241 Baton Rouge, LA 70821 Return Service Requested PRSRT STD U.S. POSTAGE PAID BATON ROUGE, LA PERMIT NO. 746
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