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MONTHLY CLE LUNCH

Public Safety Initiative

Presented by Greene County Prosecuting Attorney Dan Patterson

In advance of the April 2, 2012 election, SMBA member and Greene County Prosecutor Dan Patterson will provide the facts and figures behind the proposed 1/8 cent sales tax. This timely presentation is of interest to lawyers both personally and professionally.

Wednesday, March 21, 201211:45 AM

The Tower ClubStarlight Room, 22nd floor

901 E. St. Louis Street

REGISTRATIONIn advance:

$20.00 members, $25.00 non-members At the door:

$25.00 members, $30.00 non-members

Invoice fee of $5 will be charged if payment is not received on the date of the lunch. All full time judges are always welcome to attend and may do so at no charge when our lunches are held at the Tower Club. At alternate locations the member discounted fee will apply. Non-members may only attend as guests of SMBA members. Reservations by phone, fax, mail, email (melanie@smba.cc) or online at smba.cc.

BAR NEWSMarch 2012

BAR BREWBench & Bar Spring Social

• • •

Thursday March 29, 2012

5:00-7:00 PM

Springfield Brewing Co.

305 S. Market Ave.

Complimentary hors d’oeuvres and music.

• • •

Springfield Brewing Co. provides the perfect venue to will sample local favorites. And just for this occasion, a special Springfield Bar/ Barristers’ Ale will be unveiled. This event also helps launch a terrific member benefit for SMBA members: a 10% discount on all food purchases through 2012.

In advance:$5 for SMBA members and guests

At the door:$10 for SMBA members and guests

For reservations call the SMBA office 417-831-2783 or melanie@smba.cc

Join your colleagues for a bit of good cheer.

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by Teresa Grantham2012 SMBA President

“Imagine life as a game in which you are juggling some five balls in the air. They are Work, Family, Health, Friends and Spirit and you’re keeping all of these in the air. You will soon understand that Work is a rubber ball. If you drop it, it will bounce back. But the other four balls—Family, Health, Friends and Spirit—are made of glass. If you drop one of these they will be irrevocably scuffed, marked, nicked, damaged or even shattered. They will never be the same. You must understand that and strive for it. Work efficiently during office hours and leave on time. Give the required time to your family, friends and have proper rest. Value has a value only if its value is valued”!

—Bryan Dyson, Former CEO of Coca Cola

This is a neat 30-second speech. It is introspective. It is inspiring. What is the problem? Lawyering is not like making soda pop. As a lawyer, your work affects other people’s glass balls of family, health, and friends. Your work affects the freedom of your client. Your work protects the rights of a parent and the well being of their child. Your work helps the injured. Your work upholds the Constitution. For you, Work is a glass ball. We can probably recognize that our glass ball of Work is not ready to crash every day. Not every aspect of all of our cases is life or death. But some are. How is our Spirit affected by our work? Kenneth Reid, President of the Springfield Bar in 1963, wrote a letter to new attorneys advising them as follows: “You are not the litigants. You simply are going to be doing your best to represent the interests of those litigants.” This is a great reminder of how to treat your opponent both inside and outside of the courtroom. It is applicable to your practice every day.

Is your Spirit involved in the practice of law? Sun Tzu said, “if you know your enemies and know yourself, you will not be imperiled in a hundred battles; if you do not know your enemies but do know yourself, you will win one and lose one; if you do not know your enemies nor yourself, you will be imperiled in every single battle.” The Art of War (6th century B.C.) Let’s just say that if you have to know your opponent and yourself to avoid being imperiled in every single battle, it sounds pretty important. If you view your legal practice as a war, which you might, you will be better prepared with knowledge of what your opponent is like as a person. What if we aim even lower and acknowledge that when we inevitably are stuck in court, mediation, conference, etc. with an opponent that it might be more fun if we knew something about the Spirit of the other person. The Springfield Bar is full of lawyers who just happen to be interesting people. Lawyers I know do these fascinating things:

Play in a rock band, run adventure races, ballroom dance, compete at Crossfit, play polo, sing opera, collect historical autographs, rock roller derby, retire from professional water skiing, raise horses, bicycle coast to coast and know all the best places to eat in New York, Paris and Rome.

It is impossible to separate your work from your life. Work is part of your story every day. Will the story of your day, week or life be filled with rich characters or tolerable opponents? I leave the other balls to juggle, Family, Health, and Friends, to you and your choices, and to continued practice in keeping those balls in the air.

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IN THIS ISSUE

About the Bar ............................................... 6by Crista Hogan, SMBA Executive Director

Law Day 2012 ..........................................8-13Lunch Reservations, Letter from the Chairman, Adult Awards, Contests, 5K, and Sponsors

SMBA CLE: GAL ....................................... 15

IN EVERY ISSUE President’s Letter .......................................... 2by Teresa Grantham, SMBA President

SMBA Committees ...................................... 4

Bench & Bar ..............................................5-6

VLP Corner ................................................ 17

Call-A-Lawyer ............................................ 18 Classifieds ................................................... 19 SMBA Calendar ......................................... 20

THE OBJECT OF THE SPRINGFIELD BAREstablished October 17, 1903 • To maintain the honor and dignity of the profession of law,

• to cultivate social interaction among its members,

• and for the promotion of legal science,

• and the administration of justice.

The Bar News is published monthly by the Springfield Metropolitan Bar Association.

The opinions expressed herein are those of the authors and are not necessarily in conformity with those of the editor or the SMBA.

Crista Hogan, EditorRebekah Teller, Layout • rebekahteller@gmail.com

OFFICE HOURSMon-Fri, 9 AM–5 PM

1615 S. Ingram Mill Road, Building DSpringfield, MO 65804

417-831-2783 • fax: 417-831-2842www.smba.cc • melanie@smba.cc

OFFICERSTeresa Grantham, President

Chip Sheppard, President-ElectKendall Seal, Secretary

Steven Harrell, TreasurerGary Powell, Past President

DIRECTORSDan Nelson • Charity Elmer • Adam PihanaRobert Palmer • Jake Reinbold • Steve Snead

Neil Chanter • Dwight Rahmeyer • Trace JohnsonSusan Jensen • Dan Patterson • Dwayne Fulk

EX OFFICIOThe Honorable Thomas Mountjoy, Presiding Judge

Crista Hogan, Executive Director

STAFFCrista Hogan, Executive DirectorMelanie Richards, Office Manager

2012 COMMITTEE CHAIRSAlternative Dispute Resolution ................................ Aaron JonesBench and Bar ........................................................ Chip SheppardBoard of Directors ............................................. Teresa GranthamCommercial/Insolvency ................................................Lee ViorelCriminal Law .............................................................. Nancy PriceFamily Law ........................................................Shannon GrishamFederal Bench and Bar ........................................... Doug HarpoolGreene County Law Library .....................................Rick TempleHealth and Wellness .................................................... Kevin RappIn House Counsel ............................................ Dwight RahmeyerJuvenile Law ..........................................................Chris HazelriggLaw Day .......................................................................Brett RoubalLyceum ......................................................................... Jeff MitchellMemorial ...............................................................Tamara DeWildMentorship ...............................................................Brian ShepardMock Trial ................................................................. Nancy FisherMonthly Programs ............................................. Grant RahmeyerNCPC ...................................................................... Chip SheppardProbate and Trust .......................................Sativa Boatman SloanSocial Security .................................................................... Jon PittsSMB Foundation ......................................................... Gary PowellTaney County ....................................................................Joe AllenTrial Practice .......................................................Laurel StevensonWorkers’ Compensation .......................................... Mike MergenYoung Lawyers ........................................................Chris Hoeman

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UPCOMING MEETINGS

SMBA Board sub committee: Service and EducationWednesday, March 14 11:00 @ SMBALaw Day CommitteeMonday, March 19noon @ SMBABoard of DirectorsThursday, March 29noon @ SMBABench and Bar CommitteeMonday, April 2noon @ Judicial CenterIn-House Counsel CommitteeWednesday, April 4noon @ SMBAFamily Law CommitteeWednesday, April 4noon @ Judicial Courts FacilityTaney CountyThursday, April 5noon @ ForsythFour L/Mentorship MondayMonday, April 9noon @ Greene County JailJuvenile CommitteeThursday, April 12noon @ Juvenile JusticeBoard of DirectorsMonday, April 23noon @ SMBAProbate & Trust CommitteeThursday, April 26noon @ SMBA

COMMITTEE SIGN-UP FORM

If you would like to add or change your committee status you can do so online at smba.cc or use this form. Please circle the committees below and return to the SMBA office by mail, email melanie@smba.cc, or fax 417-831-2842.

Name

E-mail

Alternative Dispute Resolution ...............Aaron Jones

Commercial/Insolvency .............................. Lee Viorel

Criminal Law ............................................Nancy Price

Family Law .................................... Shannon Grisham

Health and Wellness ................................. Kevin Rapp

In House Counsel .......................... Dwight Rahmeyer

Juvenile Law ........................................Chris Hazelrigg

Law Day ...................................................Brett Roubal

Lyceum ..................................................... Jeff Mitchell

Memorial ........................................... Tamara DeWild

Mentorship ........................................... Brian Shepard

Mock Trial ..............................................Nancy Fisher

NPCP ...................................................Chip Sheppard

Probate and Trust .................... Sativa Boatman Sloan

Social Security ................................................Jon Pitts

Trial Practice .....................................Laurel Stevenson

Workers’ Compensation ........................Mike Mergen

Young Lawyers ..................................... Chris Hoeman

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MARCH 2012 : 5 BENC

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BARMAGISTRATE JUDGE POSITION

OPENING: APPLICATION DEADLINE MARCH 30, 2012

The Judicial Conference of the United States has authorized the appointment of a full-time United States Magistrate Judge for the Western District of Missouri at Springfield to fill the vacancy created by the planned retirement of Judge James C. England. The current annual salary of the position is $160,080, and the term of office is eight years. The appointment will be effective after November 30, 2012. A full public notice for the magistrate judge position and the application form is available on the Court’s website at www.mow.uscourts.gov. Interested persons should visit the website or contact the Clerk of Court, Ann Thompson, Whittaker Courthouse, 400 E. 9th Street, Kansas City, Missouri 64106 for additional information. Applications must be submitted only by applicants personally and must be received by March 30, 2012.

PARKING UPDATEBy Chris Coulter, Greene County Resource Management Director

As construction continues on the Public Safety Center, parking is a challenge near the Greene County Judicial Courts Facility. Additional parking, however, is available nearby, as detailed below and on the map that can be found at: www.greenecountymo.org/file/judicialparking.pdf. You may also go to www.greenecountymo.org and click on the “Parking— Judicial Courts” link under the “Popular Links” listed on the home page. The parking lot north of the former Thieme Funeral Chapel, at Boonville and Webster, is available for public parking. Greene County has also entered into an agreement with the Assemblies of God General Council allowing use of their lots on the east side of Boonville, north to Lynn Street. Combined, these two lots have more than 300 parking spaces available (shown in red on the map.) Visitors may continue to park on the remaining County lots

(shown in green) as well as the lot at the southwest corner of Boonville and Central, and the lot adjacent to Emergency Management (both shown in purple on the map). Greene County is in the midst of a transformation across the campus. Construction of the Greene County Public Safety Center is projected to be completed in May 2012. The former Springfield Laundry site directly across from the Judicial Courts Facility environmental cleanup is in the final phase of approvals from the Department of Natural Resources. Finally, the Greene County Morgue will be located on the campus. While this construction and cleanup has caused a shortage in parking, there is light at the end of the tunnel. As the Public Safety Center nears completion, Greene County, and its environmental consultants, Environmental Works, Inc., are trying to coordinate the final cleanup and construction of a new parking lot with the final paving of the parking around the center. We anticipate the Department of Natural Resources will approve the final work plan for cleanup within the next couple of weeks allowing the cleanup and paving to begin. It is estimated that the site would be ready for construction of a new lot sometime in June, again pending approval to allow start of the environmental cleanup. We anticipate approximately 95 new spaces at this location. Greene County also plans to add parking on the west side of the vacated Webster Street where flooding isn’t as much of an issue. We will also be adding additional parking on the property located along Robberson, immediately north of the Juvenile Offices. Addition of this parking is planned in conjunction with the construction of the morgue and would provide up to approximately 60 new spaces. Any additional lot space around the morgue will also be used for parking. All of the above projects are already under design and review by a surveyor and County engineers which will enable us to start once these projects are wrapping up or underway. We appreciate your patience as we work through the inconveniences associated with construction of the new building. If you have any questions, please contact Chris Coulter, Greene County Resource Management Director at (417) 868-4873.

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SUMMARY OF THE GREENE COUNTY CIRCUIT COURT EN BANC MEETING HELD ON FEBRUARY 8, 2012

1. Nancy Rogers, Ray Adams and Larry Flett were recognized for their work in Division 25. Since its inception in April 2009 through December 2011, more than 20 different judges heard and disposed of over 29,000 cases. 2. The Court Administrator requested an administrative order on the courts policy regarding the scanning of exhibits. A discussion was held and Judge Mountjoy will be signing an order once the language is finalized. 3. Judge Cordonnier made an update on the Civil Surcharge legislation. 4. Judge Cordonnier recommended that the Law Library Fund be given $13,000 for their operational fund. The recommendation was approved. 5. Judge Brown requested clarification on the courts policy regarding payment and disbursement of restitution funds and a discussion has held on that topic.6. Collection of Fines and Costs was passed without action. 7. Judge Holden inquired about reimbursement of travel expenses. Tim Smith and Jerry Moyer will follow up and resolve the question. 8. Court Administrators Report:

a. The finalized 2012 Budget was distributed. b. A Report on the Scanning Project was given. As of Feb. 3, 2012, the number of cases scanned are: 198 new Circuit Civil cases, 439 old Circuit Civil cases, 357 Traffic cases, 310 Adult Abuse/Child Protection cases, 694 Non-Cases and 1100 Garnishments. The project is progressing smoothly.

9. The meeting went into closed session with no votes taken.

HEALTHCARE INFORMATION, DECISIONS AND DIRECTIVESApril is National Healthcare Decisions Month:Springfield Bar Association and Foundation to provide education and community service.

April SMBA Lunch: Healthcare Information, Decisions and Directives: Practitioner Perspective and Hospital PolicyApril 18, 2012, 11:45Tower Club In further observation of Healthcare Decisions Month, SMBA Richard Russell will present the new Missouri Bar Healthcare Directive form and will advise us whether we need to review and revise these documents personally and/ or for our clients. We will also have presentations from the vantage point of both the practitioner and the hospital on HIPAA: getting the records you need to represent your client, and hospital policies on accepting HIPAA releases and directives.

Healthcare Directive Clinics April 16, 2012, 10:00–7:00Library Center, Library Station and Brentwood Library

KY-3 Call-A-Lawyer: Healthcare DecisionsApril 11, 2012, 5:00 & 6:30

Thank you to the following SMBA members volunteering for Call-A-Lawyer and Healthcare

Directive Clinic: Richard Owensby

Doug LeeDon Harmening

Cliff BrownTom Peebles

Emily KembellDianne Hansen

Sativa Boatman Sloan

Robert IngoldRichard Russell

Jennifer HuckfeldtLuther Kemp

David WielandPatty ShillingGary Bishop

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April 16 is National Healthcare Decisions Day and the occasion will be observed with SMBA members assisting the public at area libraries. Attorneys will be volunteering at the Library Center, Library Station and the Brentwood Library from 10:00 a.m. to 7:00 p.m. and will offer assistance and notary service for individuals who wish to complete advance directives. Our bar’s commitment to this important cause was evident even before National Healthcare Decisions Day was observed. The Springfield Bar Foundation’s first project was launched in early 2005. It is called Love Them, Don’t Leave Them Wondering and was designed so that in the event of a medical emergency, loved ones and care providers would not be left wondering about the patient’s wishes. Our bar foundation trained volunteers and scheduled clinics at libraries, churches, civic organizations and businesses throughout Southwest Missouri. The first clinic, in February 2005, drew a crowd of 240 people and the project’s goal to facilitate the completion of 1000 health care directives in a year was reached in only four months. Our bar’s project is unique in that it is designed not only to offer forms and information, but to go further by providing personal, step-by-step instructions plus notaries and witnesses. The project concept was so successful; it was recognized nationally, receiving the Award for Bar Foundation Excellence in Public Service Programming in August, 2010. It was identified as a project that would be easy for other organizations across the country to emulate and as an example of maximizing impact with minimal expense. The only expenditure for this project was for signs and brochures, totaling $380. Despite the minuscule budget, the project has arguably returned a value of nearly a quarter of a million dollars to our community, with over 2,000 individuals receiving advice and assistance of an attorney in completing health care directives.

This project’s impact greatly exceeded our expectations, and is something in which we can all take pride as an illustration of the significant contribution volunteer lawyers make to our community through this and other organizations every year. However, it would be inaccurate to reflect on this project’s success without remembering the context. This project was launched when national interest in healthcare decisions was at its peak due to a woman named Terry Schiavo, and the sad facts of her landmark case remind us why this issue is so important. In early 2005, Terry Schiavo’s life, and ultimately her death, made daily, national

headlines. Schiavo was a 27-year-old woman when in 1990 she unexpectedly went into cardiac arrest, suffered complications and became comatose. Her condition deteriorated until she was ultimately declared to be in a persistent vegetative state. In the absence of a written directive regarding her wishes, it was left to her family to make health care decisions for her. Her husband and parents disagreed on those decisions and a legal battle of national proportion ensued.

When the legal process was exhausted Schiavo was disconnected from life support and she died March 31, 2005. The Schiavo case was a compelling illustration of the need for health care advance directives. The hospitals and other agencies do a good job of assisting and encouraging the elderly and ill in our community in completing directives. But, absent the controversy, drama and media spotlight it is unusual for adults who are young and healthy to make this a priority. But Terry Schiavo was a young woman and it is important for all adults of all ages to express their health care preferences. The project, Love Them, Don’t Leave Them Wondering was inspired by the belief that families

by Crista HoganExecutive Director

In 2005, when SMBA President Lee Viorel and I brainstormed the idea for the Springfield Bar

Foundation’s first project… I didn’t anticipate how the need for medical

directives would closely and personally affect my life.

continued on page 18...

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Tuesday, May 1, 201211:30 AM Hickory Hills Country Club3909 East Cherry Street

Guest SpeakerThe Honorable Zel M. Fischer Missouri Supreme CourtTo be followed by presentationof Law Day Awards.

RESERVATIONS$42 SMBA members and guests$25 students$400 reserved tables of 10$475 reserved tables of 12

Seating by receipt of reservation and payment. Reservation deadline April 26, 2012. No refunds can be issued after the reservation deadline. Seating is limited. To make your reservation now, fill out this form and mail or fax it to the SMBA office.

Firm/Business Name

Name(s) Attending

Phone Email

Number of Reservations Number of Reserved Tables of 10

Total Amount Due Number of Reserved Tables of 12

Payment Method (circle one): Check MasterCard Visa

Credit Card Number Exp Date

Signature (required for credit card payment)

1615 S. Ingram Mill Road, Building D, Springfield, MO 65804 ph: 417-831-2783 fax: 417-831-2842 melanie@smba.cc www.smba.cc

2012 SMBA Law DayPresented by HuschBlackwell

NO COURTS, NO JUSTICE, NO FREEDOM

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Distinguished AttorneyExcellence in the Judiciary

Liberty BellEqual Access to Justice Law School Scholarship

Youth ContestPoster ContestEssay Contest

Teen Court Advocate AwardNew! Video Competition

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Law Day, as always, provides us with an opportunity to highlight and raise awareness of the importance of our legal system and its independence. This year’s theme, “No Courts, No Justice, No Freedom,” is meant to highlight the significance of our courts and the serious funding shortages that are endangering their ability to provide access to justice. Many take the judicial branch for granted, especially here where we are blessed to have a judiciary that has been able to continue to deliver justice despite increased caseload and tightening budgets. But we have to keep in mind that, especially in times of economic distress, the courtroom is home to everybody’s justice—families, individuals and businesses. Access to the courts must be kept open so that everybody’s individual rights are protected. John Adams’s famous declaration that we are to have a “government of laws and not of men,” cannot hold true if there is no one to enforce those laws. In Chief Justice William Ray Price, Jr’s 2011 State of the Judiciary address, he pointed out that Missouri’s court system, the third separate but equal branch of government, “operates on less than 2 percent of the state budget.” Millions of dollars have been cut out of the State court system’s budget in the past 3 years, making the courts’ challenge of doling out justice a tougher task. These budget constraints are in addition to the continued threats to Missouri’s Non-Partisan Court Plan. With no apparent need or reason, the Missouri Plan has been placed squarely in the bullseye in this

year’s legislative session. Unlike similar efforts in years past, the risk to the Missouri Plan this year is real. In a recent Missouri Bar Board of Governors meeting I just attended, long-time Executive Director Keith Birkes commented that, at least during his tenure, the attacks in this year’s legislative session were unprecedented. These issues simply emphasize the importance each one of us has in protecting our legal system and informing the public about its necessity. Join us on May 1 as we get together for another Law Day full of great activities. The Law Day Luncheon will be held at Hickory Hills Country Club, where we will be privileged to be joined by our keynote speaker—the Honorable Zel M. Fischer of the Supreme Court of Missouri. Also, as is traditional, we will present the Distinguished Attorney Award, the Liberty Bell award, and awards to essay contest and poster contest winners at the luncheon. New for this year will also be an award presented to the winner of a video contest, which was established in an effort to engage local high school students in Law Day. The Law Day festivities also include the 5k run, which will be held Friday, April 27 at Phelps Grove Park. Please get involved in Law Day 2012—whether it’s talking to your neighbor or your representative about the Missouri Plan, or encouraging your children to participate in this year’s contest. There is no more important time than now to do so. I look forward to seeing you all on May 1.

by Brett Roubal2012 SMBA Law Day Committee Chair

CALENDAR OF L AW DAY EVENT S

APRIL 13Deadline for entry for the following awards and contests to be awarded at the 2012 Law Day Lunch Celebration:

Law School Scholarship Liberty Bell Award Distinguished Attorney Award Excellence in the Judiciary Award Law Day Video Contest Law Day Essay Contest Law Day Poster Contest

APRIL 27Law Day 5K4:00 PM

Phelps Grove Park

MAY 1Law Day Lunch Celebration11:30 AM

Hickory Hills Country Club

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DISTINGUISHED ATTORNEYThe purpose of this award is to recognize members of the bar who exemplify the highest legal and ethical standards to which all in the legal profession should strive. This award is annually presented in the form of a plaque at the SMBA Law Day Luncheon. The minimum qualifications for the award are as follows:• That the attorney be a member in good standing of

the SMBA, the Missouri Bar, and any other state or federal courts in which the attorney is licensed.

• That the attorney exhibit high standards in the practice of law for 20 years or more.

• That the attorney be actively involved in service to both the legal and non-legal community.

• That the attorney exhibit exemplary ethical standards in the practice of law.

Nominations may be submitted by members of the SMBA in good standing. Please contact the SMBA office for nomination forms.

EXCELLENCE IN THE JUDICIARYThe purpose of the SMBA Judicial Excellence Award is to recognize a member of the Bench who exemplifies the highest legal and ethical standards to which all in the legal profession should strive. This award is presented in the form of a plaque at the SMBA Law Day Luncheon. The minimum qualifications for the award are as follows:• That the nominee be a member in good standing of the SMBA, the Missouri Bar, and any other state or federal courts in which licensed.

• That the nominee exhibit high standards on the bench for 5 years or more.

• That the nominee be actively involved in service to both the legal and non-legal community.

• That the nominee be an active and supportive member of the SMBA.

Nominations may be submitted by members of the SMBA in good standing. Please contact the SMBA office for nomination forms.

LIBERTY BELLThe purpose of this award is to recognize a non-lawyer whose service strengthens the effectiveness of the American system of freedom under the law and encourages respect for the American legal system. This award is presented in the form of a plaque at the SMBA Law Day Luncheon. The award recognizes a person for outstanding service in one or more of the following areas: • Promoting a better understanding of our

Constitution and the Bill of Rights;

• Encouraging a greater respect of law and the Courts;

• Stimulating a deeper sense of individual responsibility so that citizens recognize their duties as well as their rights;

• Contributing to the effective functioning of our institutions and government;

• Fostering a better understanding and appreciation of the law.

Any individual who has rendered outstanding service to his or her community in one or more of these areas may be nominated. Persons in all fields of endeavor are eligible for the Liberty Bell Award. Past recipients have come from both the public and private sectors and such diverse fields as education, law enforcement, and charitable organizations. Nominations may be submitted by members of the SMBA as well as members of the public. Please contact the SMBA office for nomination forms.

LAW SCHOOL SCHOLARSHIPThe John D. Ashcroft scholarship is awarded annually to a 2L or 3L by the Springfield Metropolitan Bar Association at the Law Day lunch celebration. The scholarship has provided over $20,000 in financial assistance to law school students. The SMBA will award $2,000 in scholarship money in 2012.The purposes of this scholarship are: • To aid and encourage students to practice in

the communities served by the Springfield Metropolitan Bar Association

• To promote collegiality within the Springfield Metropolitan Bar Association

• To foster and increase a spirit of participation by the Springfield Metropolitan Bar Association in community service.

Several previous award recipients have returned to become active members of the SMBA after completing law school. The criteria for the scholarship is as follows: • The applicant must be entering his or her second

or third year of law school. • Factors that will be favorably considered include:

1) Domicile in the Southwest Missouri region, 2) Ties to the Southwest Missouri region (includ-

ing previous residence in Southwest Missouri), family ties to Southwest Missouri, and/or

3) An interest to reside in Southwest Missouri. Application forms and procedures are available at the SMBA office or by contacting Ginger Gooch at 268-4000 or ginger.gooch@huschblackwell.com.

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VIDEO CONTESTOpen to students in grades 9-12Instructions and rules: • Produce a video inspired by the national theme

for Law Day 2012: No Courts, No Justice, No Freedom.

• Videos must be submitted in DVD format, please submit 4 copies. Videos can be produced individu-ally or in groups of up to 5 students. The video must be no longer than 3 minutes in length.

• Videos will be judged on the basis of originality and coverage of the subject matter.

• Entries will be judged by a committee of attorneys who are members of the SMBA.

• Submissions must include names, school, grades, home addresses, email and phone numbers for all participants.

• Videos must be received on or before Friday, April 13, 2012, 5:00 p.m. Mail or deliver entries to Law Day contest c/o Brett Roubal, SMBA, 1615 S. Ingram Mill Rd., Building D, Springfield, MO 65804.

Prizes: The first place team will be invited to attend the law day lunch where their video will be debuted.First place: An iPod Nano for each team memberSecond place: An iPod Shuffle for each team memberThird place: $10 Best Buy gift card for each team member. All entries become the property of the SMBA and may be used by the association as it deems appropriate in its sole discretion. Winning entries may be reproduced and published, along with the producers’ names, and used in current and future law day promotions. Direct questions concerning the video contest to Lee Ann Walker at 417-581-5297.

ESSAY CONTESTOpen to students in grades 6-8Instructions and rules: • Write an essay consistent with the national theme

for Law Day 2012: No Courts, No Justice, No Freedom.

• Essays must be type written on 8.5 x 11 white paper and must not exceed 1000 words in length.

• Essays will be judged on the basis of originality and coverage on the subject matter.

• Entries will be judged by a committee of attorneys who are members of the SMBA.

• Submissions must include a cover page with name, school, grade, home address, email and phone number.

• Essays must be received on or before Friday, April 13, 2012, 5:00 p.m. Mail or deliver entries to Law Day contest c/o Brett Roubal, SMBA, 1615 S. Ingram Mill Rd., Building D, Springfield, MO 65804.

Prizes: Prizes will be given to first, second and third place essays and the winners will be invited to re-ceive their award at the 2012 SMBA Law Day lunch celebration.First place: $125Second place: $75Third place: $50 All entries become the property of the SMBA and may be used by the association as it deems appropriate in its sole discretion. Winning entries may be reproduced and published, along with the author’s name, and used in current and future law day promotions. Direct questions concerning the essay contest to Jim Meadows at 869-3353.

POSTER CONTESTOpen to students in grades 2-5Instructions and rules: • Create a poster that illustrates the national theme

for Law Day 2012: No Courts, No Justice, No Freedom.

• Posters should be submitted on 8.5 x 11 white paper.

• Place the name and grade of the artist on the back of the poster.

• Submissions must include name, school, grade, home address, email and phone number.

• All posters must be received by Friday, April 13, 2012, 5:00 p.m. at the SMBA office, 1615 S Ingram Mill Rd., Building D, Springfield, MO 65804.

Prizes: Prizes will be awarded for first, second and third place and the winners will be invited to accept their awards at the 2012 Law Day lunch celebration.First place: $50 gift certificateSecond place: $30 gift certificateThird place: $20 gift certificate All entries become the property of the SMBA and may be used by the association as it deems appropriate in its sole discretion. Winning posters may be reproduced and published, along with the artists’ names, and used for current and future law day promotions. Direct questions concerning the poster contest to Michelle Moulder at 873-9022.

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5K

Friday, April 27, 2012Phelps Grove Park, 4 PM

April 25

April 25 to race day

Legal Run Around:Kids race around the park (3⁄4 mile)$5.00 in advance, $10.00 race day

Friday, April 27, 2012Phelps Grove Park, 4 PM

April 25

April 25 to race day

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To sponsor the SMBA’s Law Day Celebration, fill out this form, check sponsorship level, and fax or mail to the SMBA office by April 6, 2012.

PRESENTING SPONSOR: $2000 Reserved: HuschBlackwell

LAW DAY 5K SPONSOR: $1500 • Sponsor signage at Law Day 5K • Firm or company name on all Law Day 5K awards and premiums • Recognition at Law Day 5K • Recognition in May and June issues of the Bar News

RED LEVEL SPONSOR: $800 • Full page (5.5 w x 8.5 h) ad in the Law Day Program • Recognition at Law Day Lunch • Recognition in May and June issues of the Bar News • Print of Winning Law Day Poster Art

WHITE LEVEL SPONSOR: $450 • Half page (5.5 w x 4.25 h) ad in the Law Day Program and on Table Tents • Print of Winning Law Day Poster Art

BLUE LEVEL SPONSOR: $250 • Listing in the Law Day Lunch Program and on Table Tents

Thank You 2011 SponsorsPresenting Sponsor: Strong-Garner-Bauer, P.C.

5K Sponsor: Law Office of Doug Fredrick, L.L.C.

Red Level: Baird, Lightner, Millsap & Harpool, P.C. • Bruer, Wooddell & Harrell, P.C. • Greene County Prosecuting Attorney’s Office • Haden, Cowherd, & Bullock, L.L.C. • Crista Hogan • HuschBlack-

well, L.L.P. • Lathrop & Gage, L.L.P. • Law Offices of PalmerOliver, P.C. • Lowther Johnson • Midwest Litigation Services • Neale & Newman, L.L.P. • Pol-sinelli Shughart, P.C. • Repeat Performance • Trust

Company of the Ozarks

White Level: Aleshire Robb, P.C. • BKD Forensics & Valu-ation Services • Carnahan, Evans, Cantwell & Brown, P.C. • Daniel, Powell, Wesley & Brewer, L.L.C. • Franke Schultz

& Mullen, P.C. • Hall Ansley Rodgers & Sweeney, P.C. • Law Office of Dee Wampler & Joe Passanise • Stephanie Stenger Montgomery • David W. Ransin • Taylor, Staf-

ford, Clithero, Fitzgerald & Harris, L.L.P. • Turner, Reid, Duncan, Loomer & Patton, P.C. • Van Pelt & Van Pelt, P.C.

• Wallace, Saunders, Austin, Brown & Enochs

Blue Level: Carver, Cantin & Grantham • Chaney & McCurry • Croley Insurance & Financial, Inc. • Jay P. Cummings • Easter Law Firm, L.L.C. • Hamburg &

Lyons, L.L.C. • Law Offices of Sam F. Hamra, P.C. • Healy & Healy, L.L.C. • Hyde Love & Overby, L.L.P. • Douglas B. Kays • Larson Law Firm • Michelle Nahon Moulder • Millington, Glass & Love • RGG Law • Schmidt, Kirby &

Sullivan, P.C. • The Law Firm of Lee Ann Walker, P.C.

2011 SMBA Law Day Sponsorship

Thank You 2010 Sponsors:

Presenting Sponsor • Husch Blackwell Sanders, L.L.P.

5K Sponsor • Law Office of Doug Fredrick, L.L.C.

Red Level • Baird, Lightner, Millsap & Harpool, P.C. • BKDForensics & Valuation Services • Greene County ProsecutingAttorney • Haden, Cowherd, & Bullock, L.L.C. • Lathrop & Gage,L.L.P. • Lowther Johnson • Midwest Litigation Services • PolsinelliShughart, P.C. • Strong-Garner-Bauer, P.C. • Trust Company of theOzarks

White Level • Aleshire Robb, P.C. • Brown & James, P.C. •Bruer Wooddell & Harrell, P.C. • Carnahan, Evans, Cantwell &Brown, P.C. • Daniel, Powell, Wesley & Brewer, L.L.C. • FrankeSchultz & Mullen, P.C. • Hall Ansley Rodgers & Sweeney, P.C. •Law Office of Dee Wampler & Joe Passanise • Law Offices of SamF. Hamra, P.C. • Neale & Newman, L.L.P. • Reynolds & Conway,P.C. • RGG Law • The Honorable Richard Teitelman • Taylor,Stafford, Clithero, Fitzgerald & Harris, L.L.P. • Turner, Reid,Duncan, Loomer & Patton, P.C. • Van Pelt & Van Pelt, P.C. •Wallace, Saunders, Austin, Brown & Enochs

Blue Level • Chaney & Mc Cu r ry • Croley In s u r a n ce & Fi n a n c i a l ,Inc. • David W. Ransin, P.C. • Eas ter Law Firm, L.L.C. • Hamburg &Lyons, L.L.C. • He a ly & He a ly, L.L.C. • Hyde Love & Overby, L.L.P. •Larson Law Firm • Law Office of Teresa Grantham • Malkmus LawFirm, L.L.C. • Michelle Nahon • Mill i n g ton, Gl ass & Love • Schmidt,Kirby & Sullivan, P.C. • Sims Law Firm, L.L.C. • The Law Firm of LeeAnn Wa l ke r, P.C.

Law Day 5K Sponsor: $1200.00• Sponsor signage at Law Day 5K• Firm or company name on all Law Day 5K awards

and premiums• Five Law Day 5K premiums• Recognition at Law Day 5K• Recognition in May and June issues of the Bar News

To sponsor the SMBA’s Law Day Celebration, fill outthis form, check sponsorship level, and fax or mail tothe SMBA office by April 9, 2011.

Red Sponsor: $700.00• Full page (5.5 w x 8.5 h) ad in the Law Day Program• Recognition and Choice Seating at Law Day Lunch• Recognition in May and June issues of the Bar News• Print of Winning Law Day Poster Art

White Sponsor: $350.00• Half page (5.5 w x 4.25 h) ad in the Law Day Program• Print of Winning Law Day Poster Art

Blue Sponsor: $175.00• Line listing in the Law Day Lunch Program and on

Table Tents

Name/Business (as you’d like it to appear on recognition)

Contact Name (if different from above)

Address

City State Zip

Phone Fax

E-mail

Payment Method (circle one): Check Mastercard Visa

Credit Card Number Exp Date

Signature(required for credit card payment)

1615 S. Ingram Mill Road, Building D, Springfield, MO 65804(417) 831-2783 (417) 831-2842 (fax) smba@pcis.net www.smba.cc

Presenting Sponsor: $1500.00• Presenting Sponsor Signage at Law Day Lunch• Firm Name and Logo on Law Day Program Cover• Full page (5.5 w x 8.5 h) ad in the Law Day Program• Recognition and Choice Seating at Law Day Lunch• Recognition in May and June issues of the Bar News• In addition to Law Day Recognition, full page ad in

SMBA Bar News for your firm or company in the month of your choice

• Print of Winning Law Day Poster Art

1615 S. Ingram Mill Road, Building D, Springfield, MO 65804 ph: 417-831-2783 fax: 417-831-2842 melanie@smba.cc www.smba.cc

14 : MARCH 2012

MARCH 2012 : 15 SMBA

CLE

Please complete this form and submit to the SMBA office or register online at www.smba.cc. Cancellations must be received 48 hours prior to seminar for refund, subject to $10 administrative fee.

Name

Firm/Business Name

Phone Email

Payment Method (circle one): Check MasterCard Visa

Credit Card Number Exp Date

Signature (required for credit card payment)

1615 S. Ingram Mill Road, Building D, Springfield, MO 65804 ph: 417-831-2783 fax: 417-831-2842 melanie@smba.cc www.smba.cc

GAL Training

The SMBA is offering six hours of GAL training, with full day or half day options to meet your training needs. For those members needing a total of eight hours initial training, we will be scheduling an additional two-hour seminar before the end of this MCLE compliance period. Morning Sessions, 10:00–1:00 (3 MCLE)Update on the LawInteracting With the Public School System: What GALs Need to KnowDrugs and Alcohol: Update on Trends and Tests Afternoon Sessions, 1:00–4:00 (3 MCLE)Technology for Good and for Evil: Apps and Social MediaChild Abuse Signs and SymptomsPolicy, Procedure and Resource Update from the Children’s Division

WHEN & WHERE

May 17, 2012SMBA office

10:00 AM–4:00 PM 3-6 MCLE

REGISTRATION

AM registration: 9:45PM registration: 12:45

Full Day Member Price In Advance $190, At the Door $210

Full Day Non-member Price In Advance $225, At the Door $250

Lunch and refreshments included with full day advance registration.

Half Day Member Price in advance $100, at the door $115

Half Day Non-member Price in advance $125 at the door $150

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SPRINGFIELD, MO—By most measures, Mary is getting her life back on track after years of struggling. Two years ago the mother of two obtained a divorce and moved to rural Missouri to start a new life. Although the court ordered joint physical custody, Mary has not seen her children because her ex-husband refused to abide by the visitation schedule. Mary was ordered to pay child support; however, she did not have the financial resources to make those payments. Eventually, Mary was charged with a child support misdemeanor. This past year Mary’s child support issues were resolved thanks to a new pilot program aimed at helping struggling parents faced with non-support criminal charges. The program, “Helping Parents Help Children,” is a collaboration among Legal Services of Southern Missouri and the Missouri State Public Defenders Office. To date, six men and three women have been referred to the program. The pilot project focuses on non-support criminal cases in Barry, Christian, Dade, Greene, Lawrence, Stone and Taney Counties. More times than not, the Public Defenders’ clients had no criminal history, nor contact with the criminal system other than through their inability to pay child support. Typically the clients were employed full-time, but did not make enough money to pay multiple child support orders. A child support modification may have been a solution, but they often were not eligible for a modification via the Family Support Division within the Missouri Department of Social Services for two or three years, and to hire a private attorney was not economically feasible. Even though the child support order should be modified, the arrearage continued to increase. “We are honored to partner with the Missouri Public Defenders on this project. Our goal is to help these people put their life on a different course,” said Douglas B. Kays, executive director of Legal Services of Southern Missouri. “Both of our agencies struggle with financial and human resources in meeting the needs of our clients. Through this partnership, we are able to resolve the child support civil case which resolves the criminal case,” added Mr. Kays. The Helping Parents Help Children pilot project covers the 31st, 38th, and 39th judicial circuits plus Dade County. The project is utilizing members of

Legal Services of Southern Missouri’s pro bono panel to handle these cases free of charge. To qualify for this project the applicant must not have significant felony criminal record nor prior history of criminal or civil contempt issues involving child support arrearages; the applicant must have a valid reason for non-payment of child support such as disability; job loss through no fault of the payor; severe health issues of payor or an immediate family member; default judgment involving special circumstances; the child(ren) at issue are now in payor’s custody or are emancipated; has a valid reason and is a victim of a natural disaster like a tornado or earthquake; and Family Support Division modification is not an option. All referrals to the Helping Parents Help Children must come from the Missouri Public Defender system or a Prosecuting Attorney. “We are looking at individuals with civil issues, which if addressed, would resolve their criminal case,” said Kays. “These individuals cannot afford to retain an attorney to address their family law cases and that is where Legal Services can help. To date, under this project we have placed three cases with area attorneys working pro bono,” added Kays. “We see this project as a win for all involved. By resolving these cases it helps the courts from being bogged down with child support contempt issues. It helps lessen the caseload for the Public Defender system. It helps protect the client and his/her ability to be hired for certain jobs which would not be an option with a criminal record. It helps Legal Services of Southern Missouri further its mission in providing civil legal aid to the poor,” noted Kays. We depend on the generosity of volunteer attorneys to support our work for the area’s neediest residents. We depend on our volunteers to help us provide a hand up for people living in poverty. If you would like to volunteer your time to help Legal Services of Southern Missouri and the Missouri State Public Defenders Office with the “Helping Parents Help Children” project, please contact Deanna Scott at 881-1397, ext. 1318 or by e-mail at deanna.scott@lsosm.org; or contact Phil Masaoay at 881-1397, ext. 1325 or by e-mail at philip@lsosm.org. Working together we will make a difference.

by Sharon Alexander

18 : MARCH 2012

CALL-A-LAWYER UPCOMING TOPICS

March 21 Basic Business OrganizationApril 11 Health Care DecisionsMay 16 Child SupportJune 20 Workers’ CompJuly 18 DWI and License Issues, Suspensions, Revocations and Hardship LicensesAug 15 Small Business Liability Issues If you would like to volunteer for any of the following panels please email the SMBA office at melanie@smba.cc.

KY-

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ERshould not be placed in the excruciating position of making vital medical decisions without advance direction from their incapacitated loved ones. In 2005, when SMBA President Lee Viorel and I brainstormed the idea for the Springfield Bar Foundation’s first project, we envisioned the sadness, fear and confusion of individuals forced to make critical choices under the worst imaginable circumstances. We thought our bar could provide a significant service to the community so that families could focus their energy on more important things than legal-medical entanglements. I didn’t anticipate how the need for medical directives would closely and personally affect my life. I can attest that when my husband became unable to articulate his own wishes, it was comforting that he clearly expressed his intent in writing. When Tedd was diagnosed with “a mass,” before we knew his devastating prognosis and before his first appointment with an oncologist, he made an appointment with his lawyer. Tedd wanted to make sure that he did everything possible to relieve the burden on me, which was a very loving thing to do.

• • •

About the Bar...continued from page 7

MARCH 2012 : 19

AD

S & A

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Discounts:3 months: 20%6 months: 30%12 months: 50%

BAR NEWS ADVERTISING RATES

Full page: $5401⁄2 page: $3151⁄3 page: $2251⁄4 page: $1801⁄6 page: $150

Contact the SMBA office for additional information on rates and specifications. Acceptance of advertising does not imply endorsement by the editor or the SMBA.

Classified ads are accepted from SMBA members at a monthly rate of $25 (40 words or fewer). Ads from non-members are accepted, space permitting, at a monthly rate of $40 (40 words or fewer.) A charge of 75¢ will apply for each additional word. Please submit classified ads via email to melanie@smba.cc.

ARTICLE SUBMISSION GUIDELINES

Unsolicited articles are accepted from SMBA members on subjects of interest to the legal profession on a space-available basis. The word count on articles submitted should not exceed 1000 words, and the submission deadline is the 20th day of the month preceding publication.

Submissions should be formatted in MSWord, text-only or rich text format to cristahogan@yahoo.com.

OFFICE SPACE

Two offices for rent, with one secretarial space, in very nice law office available at 3432 Culpepper Court, Springfield, MO. Conference rooms, large reception area and library available. Receptionist provided. Call Jim Fossard @ 883-8200.

OFFICE SPACE FOR LEASEThree large offices available with space for support staff. Take one or take all three. Great location at 1976 E. Chestnut Expressway (East of Glenstone). Shared reception, conference room and kitchen area. 417-862-1620.

ANNOUNCEMENTS

Robert D. Lewis has moved his office and has new contact numbers:ROBERT D. LEWISATTORNEY AT LAW435 East Walnut StreetSPRINGFIELD, MISSOURI 65806Se Habla Español Telephone: (417) 849-9834FAX: (417) 864-7000E-MAIL: bobalew003@yahoo.com

AUDIO ENHANCEMENT AND RESTORATION SERVICESNEW forensic audio software used by DEA. Sound Expert removes background noise, brings voices in audio or video recordings to forefront so a conversation can be understood, transcribed and presented in legal proceedings. Fair pricing. 417-865-7981 www.plankproductions.com or e-mail ralph@plankproductions.com

MARCH 5 Bench & Bar 7 Family Law Committee 8 Juvenile Law Committee 12 Four L/Mentorship Monday 19 Law Day Committee 21 SMBA Monthly lunch KY-3 Call-A-Lawyer 29 SMBA Board of Directors Bench & Bar Spring Social

APRIL 2 Bench & Bar 4 In House Counsel Family Law Committee 5 Taney County 9 Four L/Mentorship Monday 11 KY-3 Call-A-Lawyer 12 Juvenile Law Committee 13 Law Day Award/Contest Deadlines 16 Healthcare Decisions Day 18 SMBA Monthly lunch KY-3 Call-A-Lawyer 23 SMBA Board of Directors 26 Probate and Trust Committee 27 Law Day 5K

VISITING JUD GES

March 12-15, 2012 – (30431) John Jacobs, Associate Circuit Judge, 44th CircuitMarch 19-22, 2012 – 8th CircuitMarch 26-29, 2012 – (31900) Randy Shackelford, Associate Circuit Judge, 15th CircuitApril 2-5, 2012 – (30431) John Jacobs, Associate Circuit Judge, 44th CircuitApril 9-12, 2012 – 8th CircuitApril 16-19, 2012 – (25249) John Frerking, Associate Circuit Judge, 15th CircuitApril 23-26, 2012 – (52247) Craig Carter, Associate Circuit Judge, 44th CircuitApril 30-May 3, 2012 – 8th CircuitMay 7-10, 2012 – Truman’s Birthday Holiday NO COURT

SPRINGFIELD Metropolitan Bar1615 S. Ingram Mill Road, Building D Springfield, Missouri 65804

PRSRT STDUS POSTAGE

PAIDSPRINGFIELD, MO

PERMIT #230

SMBA CALENDAR

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