Subpoena. & Trials Bexar County Style. Bench Motions NEWSLETTER. Bench Motions & Trials, Bexar County Style V, May 17

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1 NEWSLETTER Official newsletter of the San Antonio Bar Association May 2013 Vol. LXXXVIII Number 10 in this issue SBOT Annual Meeting in Dallas Bench Motions & Trials Seminar Do You Have an Attorney ID Badge? CJP 4 th Annual Golf Tournament CJP Volunteer Appreciation Lunch 1 st Annual SABA Chili Cook Off SA Bar Auxiliary Annual Scholarships Brewery Law CLE & Mixer SAYLA Family Fun Day SA Lawyers Support Group Military Divorce & Retirement Videos ipad U. for the Family Lawyer Corporate Counsel Seminar: Appeals Ethics Follies Video Presentation 2013 Law Day Luncheon President s Message SABA/SABF Officer Roster Memorial Service Community Justice Program Committee Corner Briefly Announcements SABF Tributes New Member Welcome Listings May Calendar departments V Bench Motions & Trials Bexar County Style Bench Motions & Trials, Bexar County Style V, May 17 For New (and Not-So-New) Lawyers A CLE Bargain! Bench Motions & Trials, Bexar County Style V, is your one-stop shop to everything you need to know about getting through a bench trial in Bexar County. This seminar is a MUST for civil practitioners in Bexar County or out-of-town attorneys who try cases in Bexar County. Wouldn t it be great to know the next time you re at the Courthouse what the judges are looking for or, just as important, what they re NOT looking for? Gain practical tips on using motions to win your next bench trial which will often make or break your client s case. Move your practice to the next level by utilizing these tools to make you a more - continued on page 6 - Save the Date: Military Law Video Presentation, 5/2-3 Law Day Luncheon, 5/3 Memorial Service, 5/9 Subpoena Deadline, 5/10 CJP TRLA Family Law Clinic, 5/14 Bench Motions & Trials CLE, 5/17 CJP Veterans Clinic, 5/17 Last Chance Videos, 5/23-24 SABA Monthly Luncheon, 5/23 Bexar County Holiday, 5/27 Ethics Follies Video Presentation, 5/29 Lawyers purchase Defibrillators for Courthouse Lawyers in various professional groups, and several judges, have come together to pool donations and purchase eight Automatic Electronic Defibrillators for the Bexar County Courthouse and Bexar County Justice Center to be used in areas where members of the public and courthouse personnel come together. Practice groups and individuals - continued on page 21 -

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3 3 Register early for the 2013 SBOT Annual Meeting to guarantee YOUR seat! Registration is now open for the 13 State Bar Annual Meeting. Join your State Bar of Texas colleagues in in Dallas June Learn and grow by attending presentations that educate, motivate and inspire. Connect with colleagues and exhibitors to discuss hot topics and to renew relationships. This is your oncea-year opportunity to do it all! Featured keynote speakers include: U.S. Supreme Court Justice Samuel Alito, Alan Lowe, Director of the George W. Bush Presidential Library and Museum and U.S. Senator John Cornyn. You won t want to miss the Presidents Party Thursday night, honoring State Bar President Buck Files, incoming President Lisa M. Tatum, and all past presidents for their dedicated service to the State Bar. Performing will be Dallas own Emerald City Band, who will be playing a combination of high-energy dance songs from the past with the hits of today. And on Friday, June 21, to mark the 50 th anniversary of the assassination, the State Bar of Texas will present the trial that never took place Lee Harvey Oswald charged with the murder of President John F. Kennedy on November 22, Was Lee Harvey Oswald guilty of the crime? Did he act alone? Come hear the arguments, see the evidence, and you be the judge! For more information and to register, visit Subpoena Subpoena (USPS #010728) (ISSN # ) is published monthly at the annual rate of $20 by the San Antonio Bar Association, Bexar County Courthouse, Suite 500, San Antonio, Texas Periodicals postage paid at San Antonio, TX POSTMASTER send address changes to: Subpoena, San Antonio Bar Association, Bexar County Courthouse, Suite 500, San Antonio, Texas Press releases, calendar announcements and inquiries about the Subpoena must be sent by the 10 th of the month preceding publication to the attention of: Kimberly Palmer Editor ; Fax: ; SABA website: SABA office hours: Monday-Friday 8-5 p.m.; Closed weekends and County holidays

4 Subpoena 4 President s Message The Ministry of the Bar When we think of the Bar Association, we mainly associate it with monthly luncheons, continuing legal education, and periodic events to get us all together to support worthy causes. But there is a side to the Bar that goes largely unnoticed its ministry to its own: to the families of those who have died, to those suffering from substance abuse, depression or anxiety, and to newlyminted lawyers who are just beginning their practices, just to name a few. Memorial Services They don t occur that often. Maybe three or four times a year. But when they do, they are a powerful and poignant reminder of those lawyers who have died, but whose legacy lives on. I am talking about the San Antonio Bar Association s memorial services. At the request of family or friends, the Bar Association will hold a memorial service for a deceased member of the Bar. The service is held in the Fourth Court of Appeals courtroom and the Justices of the Fourth Court preside. Family members and friends are called upon to remember these colleagues. The testimonials are personal and insightful, ranging from hilarious stories about the trials and tribulations of practice to the importance of faith in their lives. I come away from each one with a greater appreciation for the character of San Antonio s lawyers. The effect of the service on the families is palpable. The memories and pride for their loved ones well up as judges, court personnel, lawyers and friends filter into the courtroom and begin to reminisce about the lawyer they knew so well. The families are deeply touched by the service, especially when they see how much the one who meant so much to them was revered and respected by his or her peers. The service ends with the presentation of a resolution from the Bar Association, reciting highlights of the lawyer s life and career. While the service is not a religious ceremony, it is a religious experience, as moving as any held in a church sanctuary. If you know a colleague who has died and will be memorialized, you should attend the service. Not only will it mean the world to the family, but you will have a front-row seat to one of the Bar s best ministries. TLAP The Texas Lawyers Assistance Program became an active program of the State Bar of Texas in It is designed to assist lawyers caught in the downward spiral of alcoholism, substance abuse, and mental health disorders break out of that cycle. It does that by providing information about peer and community assistance and support groups to help those in need learn about and find solutions for dealing with their issues. Members of the San Antonio Bar are in the thick of this ministry. Through Lawyers Concerned for Lawyers, lawyer support groups have been formed at Alamo Heights Methodist Church (meetings on the first Tuesday of the month beginning at 6:30 p.m.) and St. George s Episcopal Church (meetings on Thursdays at 8 p.m.) Texas Lawyers Concerned for Lawyers is a voluntary group of attorneys who work with TLAP to reach out to attorneys challenged by these issues that impair their ability to practice law. In San Antonio, a number of attorneys are active members of TLCL, and they volunteer to reach out to attorneys on a confidential basis to provide assistance. In that regard, the assistance provided benefits from the statutory confidentiality and immunity protections afforded peer assistance programs under the Texas Health and Safety Code. Moreover, TLAP staff and TLCL volunteers are independent of the State Bar disciplinary process and do not advocate for or against a lawyer who has sought help but finds himself in that system. San Antonio, through the efforts of many local TLCL volunteers, also is hosting the 24th Annual Convention of Texas Lawyers Concerned for Lawyers from May 31 to June 2, 2013, at the Crowne Plaza Hotel. At this convention, an annual award, known as the Ralph Mock Award, in honor of the founder of TLCL, is given in recognition of service by TLCL volunteers to attorneys in need. Past recipients of this award from San Antonio are Allan DuBois, Cary Barton, Tom Keyser and Sara Dysart. These courageous lawyers have made the lives of many other San Antonio attorneys better through their commitment and dedication to this important ministry of the Bar. Mentor Program Robin Teague would not refer to himself as a minister but let there be no doubt, he ministers to the young and inexperienced lawyer like no other. Robin is the chair of SABA s mentor committee, one of the most vibrant of all of SABA s committees and, without doubt, one of the best mentor programs in the state. Every month Robin organizes a relevant and interesting program, featuring presentations by leading lawyers, and cajoles his mentors and mentees relentlessly to be sure there is a good turnout. This mentoring program is a lifeline to those just beginning their practices, with useful tips from experienced lawyers on the how to s of practicing law. It also provides a great opportunity for the more experienced among us not only to help others learn the practicalities of the practice but also to play a part in molding young lawyers into the type of lawyers who will be a credit to the profession. What Else? Lest you think that the Bar s outreach is confined to these programs, think again. On countless occasions over the years, the Bar has come together, as families do, to help lawyers, court personnel and their families through times of personal hardship. There is no limit to the generosity and empathy demonstrated by the members of our Bar in response to the needs of others. It makes me proud to be a member of our association and proud of the way we minister to our own in so many different ways.

5 5 OFFICERS Andrew L. Kerr President Rebecca Simmons President-Elect Thomas g. Keyser Vice President James M. Marty Truss Secretary Robert J. Barrera Treasurer DIRECTORS Rosa Cabezas-Gil C. Lee Cusenbary David Evans Danielle L. Hargrove Laura L. Parker Dan J. Vana Santos Vargas Patricia Wueste Gary W. Hutton Immediate-Past President Jimmy Allison Executive Director Andres Perez President Mexican American Bar Assoc. Ty Hunter Sheehan President San Antonio Young Lawyers Assoc. Suzanne Oliva President Bexar County Women s Bar Assoc. Isaiah Jackson President San Antonio Black Lawyers Assoc. Sylvia A. Cardona Sara E. Dysart Directors State Bar of Texas

6 6 San Antonio Young Lawyers Association Bench Motions & Trials V Bexar County Style May 17, 2013 The Bright Shawl San Antonio, Texas MCLE: 7.25 hours, 2.25 hours ethics A Continuing Legal Education seminar organized & presented by Bexar County Civil District Court Judges Bench Motions & Trials, Bexar County Style V, May 17 Register bit.ly/benchmotionscle powerful advocate for your clients. You ll hear insights from the decision makers themselves on topics such as: Discovery: Latest Cases & Trends Evidence: Latest Cases & Trends Changes in Pattern Jury Charges Supreme Court Update Legislative Update The Unwritten Rules of Practice in Bexar County: What the New or Young Lawyer Needs to Know! Fourth Court of Appeals Update Electronic Filing: Mandates by Jan. 14 Now What? Hot Topics: New Rules for Dismissals, Expedited Actions and Others Judges Panel: Trial Issues, Procedures, Summary Judgements, 10 Best & Worst Attendees will also have the opportunity to attend a Meet-the-Judges social held following the final presentation at 4:30 p.m. The seminar, which is chaired by 408 th District Court Judge Larry Noll, will be held this year at The Bright Shawl (819 Augusta St.) on Friday, May 17 beginning at 8:30 a.m. Early registration is $150 to SABA/SAYLA members and $200 to nonmembers through 5 p.m. on May 10. Register early for the best deal! Newly licensed attorneys are also eligible for an additional $50 discount on top of the early-bird rate! The course is accredited for 7.25 hours of CLE credit, including 2.25 hours of ethics. Lunch and printed materials are included in the cost of registration; electronic materials on a USB drive may be ordered at an additional cost. To register, send your check payable to SABA, 100 Dolorosa, Ste. 500, San Antonio, TX For the latest information, visit bit.ly/benchmotionscle or call

7 7 Do you have an attorney ID badge? Courthouse Attorney Identification Badges allow attorneys to bypass the metal detectors at the Bexar County Courthouse. Attorneys interested in an ID may obtain a Bexar County Courthouse Attorney Identification Badge Application online at bit.ly/ SABAbadge. The application fee for an Attorney Identification Badge is $40 for attorneys who are members of the San Antonio Bar Association or the San Antonio Criminal Defense Lawyers Association (SACDLA). Applicants should bring the completed, notarized application to the SABA offices for payment and to have a photo taken. The applicant then submits the SABA-verified copy of the application to the Bexar County Sheriff s Department (200 N. Comal St.), for fingerprinting and a background check. Detailed instructions are available on the SABA website at bit.ly/sababadge. If you have any questions that cannot be answered by the website, please contact SABA at The Fourth Court of Appeals & the San Antonio Bar Association will sponsor a Memorial Service Thursday, May 9 th for Murray Lloyd Johnston Jr. and Juan Jaime Calderon Services begin promptly at 3 p.m. in the Fourth Court of Appeals Courtroom 24 th Annual Texas Lawyers Concerned for Lawyers Convention Crown Plaza Hotel San Antonio May 31-June 2, 2013 Benefits of Attending: National Speakers Up-to-the-minute information on Mental Health and Substance Abuse Solutions Networking with Lawyers from around the State Relaxing and having fun with Lawyers in Recovery Up to 6.0 hours CLE (including ethics) for $220 Questions? Call TLAP at

8 Build Your Business with Pro Bono St. Mary s Wills Clinic Volunteer Attorneys Sherry Barnash Dan Beniker Diana Davalos Ling Han Michael Ireland Al Kauffman Mark Laneman Ann Marie Matonak Roxana McAllister Jami Nance Robert Negley Kellie Player Mark Poling James Rodriguez Valeria Sartorio Victoria Shum Cynthia Smith Heather Tessmer Tammy Wincott Mentors Carl Werner Tanya Feinleib Law Students Bianca N. Aguilera Gerald Arismendez Kevin Bennett Kenneth Best Ed Brown Judith Carrizales Andrea Diaz Bianca Frisaura Gia Gustilo (Coordinator) Brytne Kitchin Jordan Jackson Rafael Nunez Cynthia Olson Trisha Padia Rebecca Pittts (Coordinator) Courtney Potter Norma Rodriguez Bethbiriah Sanchez Chris Schalk Tiffany Shockley Seth Sullivan Cassie Tigue Clem Vetters Elizabeth Woodruff Volunteer Support Staff Rosa Barrera Edward Giles Mary Peña José Sánchez Susan Wilen Thank You April CJP Volunteers! Veterans Clinic Volunteer Attorneys Pat Barsalou John Dwyne Tanya Feinleib Charlie Jones Ann Marie Matonak Mark Poling Gerald Reamey James Rodriguez Mary Wigodsky Bill Tran Volunteer Judge Lisa Jarrett Law Student Volunteers Kevin Bennett Richard Gindhart (Law Student Coordinator) Elizabeth Germano (Law Student Coordinator) MK Kahrhoff Cynthia Olson Rafael Nunez Paolo Nangcas Landry Redding Tiffany Shockley Volunteer Support Staff Edward Giles Gary Lee Susan Wilen TRLA Clinic Allen, Stein & Durbin, PC Guillermo Hernandez Clay Morgan Tom Newton Vincent Vasquez Katherine Willis SACDLA James Reeves Angela Blake Anthony Colton Shelton & Valadez, PC Wade B. Shelton Casandra Ortiz SABA Mentoring Committee Mike DeNuccio Michael Ireland Jami Nance SABA Mentoring Committee James Rodriguez Robin Teague Barton East & Caldwell Karla Pascarella Norma Worley Other Volunteer Attorneys Ryan Cox Samantha Demory Amber Dodds John Longoria Victoria Shum Tammy Wincott Mentors John Hemmi Robert Graul Volunteer Judges Karen Pozza Laura Parker Volunteer Court Reporters Glyn Poage Yvonne Gonzalez Volunteer Notaries & Support Staff Charlene Carroll Landa Diaz Robert Francois Edward Giles Roger Howerton Karen Jouett Flora Rosas Lisa Santos District Clerks Cecilia Barbosa Jennifer Contreras Debra Garay Consuelo Gomez Stephanie Holman Law Students Gerald Arismendez Kevin Bennett Thomas Cammack (Law Student Coordinator) Joseph Garcia Emily Lee Trisha Morales Padia Landry Redding Volunteering at a Community Justice Program legal clinic can be beneficial in many ways it makes you feel good; it s great to be a able to give back to those less fortunate; and the list goes on. But have you ever thought about how giving back might be good for your practice. In the March 2013 edition of Your ABA (an electronic newsletter from the ABA), attorney and author Nelson P. Miller discusses this very idea. Mr. Miller practiced civil litigation for 17 years and went on to join the Thomas M. Cooley Law School as a professor, then associate dean of the Grand Rapids campus. In his Your ABA interview, Mr. Miller explains how taking on pro bono work can help build a practice as well as some of the nuances of taking on this work, an idea he has explored in his most recent book, Building Your Practice with Pro Bono for Lawyers. Over the next few months, we will bring you excerpts from that article. Reprinted with permission, is the first excerpt from Mr. Miller s Your ABA article: Build Your Business with Pro Bono. What are the benefits of taking on pro bono work? I wrote the book to answer exactly that question. Certainly, serving pro bono clients can transform how you feel about your law practice. It can increase your engagement, satisfaction and longevity, each of which can carry huge personal and financial benefits. Yet pro bono is not simply about doing the right thing and feeling good about it. Pro bono carries more tangible benefits. It teaches you new practice areas, expanding your law knowledge. It helps you develop new practice methods and tools, increasing your practice s efficiency. It teaches you cross-cultural skills, making you better able to connect with and serve different clients. It teaches you about emerging client populations, expanding your client-development skills. It raises your reputation, giving you standing among judges and peers. It connects you with other service providers who can help you serve your paying clients. In short, pro bono can transform your practice. It transformed mine. Nelson P. Miller practiced civil litigation for 17 years before joining the Thomas M. Cooley Law School as a professor and is now the Associate Dean of the Grand Rapids campus. He has published many books and casebooks, book chapters, book reviews, and articles on legal education, law practice, torts, civil procedure, professional responsibility, damages, international law, constitutional law, university law, bioethics, and law history and philosophy. He has given presentations at national conferences on legal education and pro bono service.

9 If you would like to volunteer to Just Take One pro bono case, we welcome and appreciate your participation. Volunteer attorneys are eligible to receive 5.0 hours of free CLE, including 1.0 hour of ethics, for taking a case. The Community Justice Program will hold a Family Law and Veterans Clinic during the month of May. Tuesday, May 14, 2013 at Texas RioGrande Legal Aid, 1111 North Main Avenue, San Antonio, Texas Clinic starts at 5:30 p.m. FAMILY LAW CLINIC Friday, May 17, 2013 at the Audie L. Murphy Veterans Hospital, 7400 Merton Minter Street, San Antonio, TX Clinic starts at 2 p.m. VETERANS CLINIC If you need to finalize your CJP case or have questions about a current CJP case, please contact Suzanne DeWalt at or , x26. Please visit our website at www. sabar.org/cjp for the full 2013 clinic calendar. CJP CO-CHAIRS Judge Larry Noll & Justice Sandee Bryan Marion CJP DIRECTOR Suzanne DeWalt CJP CASE MANAGER Amanda Reimherr Buckert CJP Administrative Assistant D Ann Lane Volunteer attorneys from Allen, Stein & Durbin attend the April TRLA clinic with mentors John Hemmi and Robert Graul (right). MANAGING ATTORNEY, SA OFFICE Ann Zaragoza (TRLA) PARALEGAL CLIENT COORDINATOR Maria Lulu Villanueva (TRLA) LAD COORDINATOR (TRLA) Patricia Giuliano St. Mary s Clinic COORDINATOR Mary Peña WESLEY CLINIC COORDINATOR Lisa Santos Wills Clinic Mentor Carl Werner (left) is on hand with Judge Larry Noll (right) to help volunteer attorneys at the April Wills Clinic. Notary/Paralegal Coordinator Susan Wilen (Veterans Clinics)

10 10 St. Mary s University Law School students volunteer at the April Wills Clinic and participate as witnesses and translators, as well as help prepare wills and assist the CJP staff. Above left: Volunteer attorneys LeeAnn De La Garza (2 nd from left) and Kathryn Casey (2 nd from right) bring their clients flowers and take a picture with Judge Karen Pozza (left) and Judge Laura Parker (right) after finalizing their CJP cases at the April Family Law clinic at TRLA. Above: Volunteer attorneys get ready to take a CJP case at the April TRLA clinic with the help of Judge Larry Noll (left) and mentors John Hemmi and Robert Graul (right). Left: Volunteers attorneys take time from their busy schedules during the April Wills Clinic to help low-income residents in our community.

11 11 CJP Volunteer of the Month Program Judge Noll (left) and mentors John Hemmi and Robert Graul (right) along with members of the SABA Mentoring Committee, volunteer at the April TRLA clinic. The May 2013 Community Justice Program Volunteer of the month is Jami K. Nance. Since being a law student at St. Mary s University School of Law, Jami has become a fixture at CJP events and clinics. She has a deep passion for pro bono work and has proven her dedication to pro bono by working tirelessly for the CJP. As a law student, she helped to coordinate her fellow students at the CJP clinics and attended every month. She was also selected as one of the AT&T Excellence in Pro Bono Scholarship recipients and interned with the CJP. Now Jami is a licensed attorney and has started her own practice focused entirely on family law. She has hit the ground running in building her solo practice, but still finds time to attend every CJP clinic as a volunteer. She took her very first case as a licensed attorney through the CJP and we were honored that she did so. Jami is also never one to shy away from a challenge, no matter how difficult. She gets excited about taking on some of our CJP Advanced cases, which are contested or more complicated than the usual clinic matters. For her dedication to pro bono work, the CJP organization and for her extensive pro bono representation in the short time she has been licensed, we are proud to honor Jami K. Nance as the May 2013 CJP Volunteer of the Month. Volunteers Edward Giles, Rick Gindhart, Mary Wigodsky, Susan Wilen and Elizabeth Germano help out at the April Veterans Clinic. Just Take One Allan K. DuBois Online calendar at An AV preeminent rated attorney with 40 years civil litigation experience in state and federal courts, and member of the Association of Attorney Mediators. Dedicated to reasonable, successful out of the box practical resolutions of pending or potential cases in the areas of family law, tort, personal injury, products liability, medical/healthcare, business and commercial, employment, probate and oil and gas litigation. Weston Centre 112 E. Pecan, Ste San Antonio, TX Telephone:

12 Left: Chris Heinrichs, Richard Kerr, Mike Keyser and Tom Keyser who was distinguished as best dressed at the tournament in his bright orange golf attire. Right: San Antonio Black Lawyers Association President Isaiah Jackson wins a door prize at the post-tournament BBQ luncheon. Below: CJP co-founders Judge Karen Pozza and Hon. Phylis Speedlin man the beverage cart providing players with refreshments throughout the tournament. The awesome hole-inone prize a cherry-red 2013 Cadillac, courtesy of Rick Cavender! Congrats Tournament Winners! 1 st Place: Pat Maloney, Jr., Alan Baxter and Jeff Tom 2 nd Place: Porters Rogers & Dahlman (Raj Aujla, Marc Williams, John Hagy and Tom Williams) 3 rd Place: Robert Wachsmuth & Associates (Zach Fanucchi, Brian Getman, Kerry Niester and Bob Wachsmuth) Longest Drive Women: Maggie Morgan Longest Drive Men: Jeff Tom Closest to the Pin Women: Shannon Schmoyer Closest to the Pin Men: Marc Williams Frequent-sponsor Kim Tindall & Associates always comes out to support SABA events. THANK YOU to the 4 th Annual CJP Golf Tournament Sponsors! CHAMPION Valero Energy MASTERS Strasburger Price Oppenheimer Blend Commercial IT Solutions Winners Circle Toudouze Law Firm EAGLE Allen Stein & Durbin, P.C. Cavender Cadillac Regus Kim Tindall & Associates BIRDIE Law Offices of Pat Maloney Wayne Wright Lawyers PAR Gary W. Hutton San Antonio Black Lawyers Association Robert Wachsmuth & Associates Tessmer Law Firm PLLC Judge Sol Casseb, III CJP Celebrity Golf Tournament

13 13 Left: 45 th District Court Clerk Benny Jasso greets CJP co-chair Justice Sandee Byran Marion after winning a gift card at the CJP Volunteer Appreciation Luncheon on April 12. CJP Volunteer Appreciation Luncheon Above: Attorney Charles Hardy is all smiles after winning one of the door prizes. Left: 57 th District Court Clerk Rene Charles wins a gift card at the CJP Volunteer Appreciation Luncheon on April 12.

14 14 Committee Corner Mentor COMMITTEE In April we appeared before The Honorable Fred Biery, Chief Judge, United States District Court for the Western District of Texas. As the chair of the Mentoring Program of the San Antonio Bar Association, I had the honor of introducing to the court the mentors and mentees of the program, and, from San Antonio, our speaker David Rivela, State Bar of Texas president-elect, Lisa Tatum, The Honorable Patricia O. Alvarez, who is a new Justice of the 4th Court of Appeals, and The Honorable Preston Peppy Dial, who is a former Justice of the Fourth Court of Appeals, state district judge and assistant district attorney, and who came out of retirement to be with us. In all, 30 lawyers and judges attended the program. We thank Judge Biery for giving us the opportunity to appear before the court and to hear his welcoming remarks. Among some of the matters he informed us about is mentoring program in federal court under the Criminal Justice Act. Might a lawyer be at the same time a mentor and a mentee? Might even an older lawyer need a mentor? Is there a relationship between mentoring and the right to assistance of counsel in a criminal case? Judge Biery and I were young lawyers when we were admitted to practice before the United States District Court for the Western District of Texas. We received appointments to represent defendants in criminal cases not because we were specialists in criminal law, but just because we were admitted to practice in federal court. Not long after my admission to practice in this court, I tried two felony cases, one a drug trafficking case involving use of guns, and the other an arson case, which occurred when a night watchmen burned down the apartment house he was guarding. The main issue was whether the court had jurisdiction of the case under the Commerce Clause. I argued that case on appeal to the United States Court of Appeals for the Fifth Circuit. The Sixth Amendment to the United Applications Being Accepted for Full-Time U.S. Magistrate Judge U.S. District Court Brownsville Texas The United States District Court for the Southern District of Texas seeks to appoint a full-time magistrate judge for its Brownsville Division. The position will be open October 31, For the full announcement and application form, please visit: States Constitution provides in part: In all criminal prosecutions, the accused shall enjoy the right to have the Assistance of Counsel for his defence. The Supreme Court of the United States developed that right, for federal cases, in Johnson v. Zerbst, 304 U.S. 458 (1938), and then in Federal Rule of Criminal Procedure 44, and for state cases, in Gideon v. Wainwright, 372 U.S. 385 (1963), recently celebrated in its 50 th anniversary. (Was the enactment the next year by Congress of the Criminal Justice Act of 1964 a mere coincidence?) Eventually, Congress enacted amendments to the Criminal Justice Act of 1964, which for good reason led to establishment of CJA plans and greater requirements for qualification to receive appointments. (The situation in Texas state courts is now much the same, where lawyers are required to meet standards, and attend CLE before being qualified for appointments.) I did not qualify under the new standards because my practice area had turned to the trial of civil cases. Then along came a request from the federal court for volunteers for misdemeanor appointments. I volunteered, was placed on the misdemeanor panel, and have been receiving appointments in misdemeanor cases for several years. In one such case, I was appointed to represent a defendant who was arrested for public intoxication at Fort Sam Houston. Public intoxication is a misdemeanor. So I was qualified for the appointment. The defendant was detained at GEO (the old Bexar County Jail), which is where many federal defendants are detained. An immigration officer made the rounds at the jail, and asked my client about his place of birth. Even though he had lived in the U.S.A. almost all his life, he was born in Mexico, and admitted he was not a citizen. The grand jury indicted him for illegal reentry. A felony. To my surprise, I was appointed by Judge Biery, to represent the accused in the felony case. Judges can do that, and Judge Biery did that in this situation I think because I already represented the defendant. I had no experience in illegal reentry cases. I asked the CJA Panel Selection Committee for help. The Committee requested that Molly Roth be my mentor. She is an experienced criminal defense

15 15 lawyer, Assistant Federal Public Defender, and specialist in illegal reentry cases. She was the perfect mentor. A few months later, I received a message that criminal defense lawyer Robert Switzer had been appointed as my next mentor in a case involving nine members of the Mexican Mafia. Bob Switzer is another experienced criminal defense lawyer, a specialist in drug trafficking cases. He agreed to be my mentor and the mentoring worked as well as the mentoring with Molly Roth. After two mentorships, I have been placed on the general felony panel. I have come full circle. I am again able to provide assistance of counsel to defendants in federal criminal cases involving both misdemeanors and felonies. After almost 40 years of practice, I was both a mentor and mentee. Is there a lawyer who doesn t need or want mentoring in some practice area? I thank the United States District Court for the Western District of Texas for establishing a mentoring program, and the CJA Panel Selection Committee, which enabled me to enter a new practice area. The two mentoring programs provide, I think, a valuable service to young, and sometimes even older lawyers, and enable us to provide a defense for those we became lawyers to serve. After the welcoming remarks by Judge Biery, David Rivela mentored us in his practice area: labor and employment law. David is a graduate of the University of Pennsylvania and St. Mary s University School of Law. He is a Senior Trial Attorney for the United States Equal Employment Opportunity Commission (EEOC), in the San Antonio Field Office. A law school clinical program in immigration law led to his interest in working for the government. He investigates and tries cases brought under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act, and the Equal Pay Act. He is former President of the SA Chapter of the Federal Bar Association. We thank David for mentoring us. We also thank Deputy United States District Clerks Mary Jane Moczygemba and Ruben Amaro and court assistant Gibby Rodriguez for assisting in arrangements. Our May program will be presented by one of our long time mentors, Sara Dysart. We will be joined by Justice Sandee Bryan Marion and Judge Larry Noll from the Community Justice Program. Speaker/topic: Sara Dysart, State Bar of Texas, Serving Texas Lawyers Sponsors: San Antonio Bar Association and the State Bar of Texas Date, time and place: May 1, 2013, noon, in Room 204, Paul Elizondo Tower* MCLE Credit: 1.0 hr. Lunch will be served by SABA * How to find Room 204, Paul Elizondo Tower: Go to the Justice Center, second floor, then walk toward to the Paul Elizondo Tower, which is directly south of and next to the Justice Center. Or go to the Tower, 2 nd floor, and walk toward the Justice Center. Room 204 is on the bridge/in the hallway, between the Tower and the Center. Please send your reservations or regrets to - Robin Teague, Chair We know what it takes. It takes skilled and experienced counsel for you and your firm s finances. Brandi C. Vitier - Pearl Office Senior Vice President Phone: Forum 8000 IH-10W, Ste Stone Oak 800 E. Sonterra Blvd., Ste. 140 Isom 888 Isom Road, Ste. 100 Pearl 302 Pearl Parkway, Ste I thebankofsa.com Jane Knapik - Stone Oak Office Vice President Phone:

16 Gracious Arci Bar 7 Ranch owner Roy Barrera, Sr. (far left) and SABA executive director Jimmy Allison (far right) pose with the winners of the Chili Cook Off: 2013 People s Choice Award winner team Chili con Beso, Phil Bernal s 3 rd place team Los Tacuaches Chili, the SABA Family Law Section s 2 nd place team Chili in the Bedroom and 1 st place team Devil s Breath Left: Hon. Rebecca Simmons (center), husband Dr. Richard Clemons and son Patrick Clemons, were recognized as having the Best Booth Decor (sadly, booth not pictured). Editor s note: It is the opinion of the SABA staff that Hon. Simmon s should also have won Best Dressed Contestant for her adorable hat and apron. Right: Team El Gringo Solitario (AKA Marty Truss) contributed guitar music and great chili to the event. Below: Jesse and Melanie Castillo of team Devil s Breath represented their team with chef s hats speared with pitch forks. Devil s Breath secured the 1 st place trophy this year! Above Right: A few of the celebrity judges pose with Cook Off co-chair Bobby Barrera (2 nd from right). Pictured left to right: Bexar County Sheriff Susan Pamerleau, Roy Barrera, Sr., and County Judge Nelson Wolff. Right: Winner of the 2013 People s Choice Award, Karen Barrera of team Chili con Beso with Cook Off co-chair George Taylor Right: 2 nd place Cook Off winners Doug Bineham, Carmen Roja, Thelma Gracia and Stephanie Christian of the SABA Family Law Section s team Chili in the Bedroom

17 17 SA Bar Auxiliary Awards Annual Scholarships On March 26, the San Antonio Bar Auxiliary enjoyed an exciting luncheon at Crumpets, showcasing Treasurers of San Antonio. Among those treasurers were the five Spurs Championship Rings brought by Betty Ebram and her daughter Kelly Kennedy. Ebram spoke on the history of the Spurs and the background of Pop. Tina Stolhandske presented Walk/Run Around S.A., an exhilarating event she and her husband Tommy organized that has grown quite popular among the visitors to the city. Another treasure who joined the group this month was author Cynthia Leal Massey, guest of member Peggy Karam. Ms. Massey brought her newest book, Helotes, Where the Hill Country Begins, and answered questions about her passion for writing. The auxiliary s annual scholarships were awarded their 2013 recipients at the meeting. San Antonio College Paralegal Studies student, Richard Zimmerman, accompanied by Paralegal Studies Program Coordinator Tandy Schoolcraft, JD, was presented the $1500 Virginia Jordan Dial scholarship. Morgan Stanley was presented the $2500 Olive Trueheart Scholarship to St. Mary s School of Law. Associate Dean for Academic and Student Affairs Victoria M. Mather accompanied Ms. Stanley to the meeting. Congratulations to both winners! The auxiliary auctioned off gently used designer handbags at the meeting, which grew next year s Scholarship Fund by over $500. Olive Trueheart Scholarship winner Ms. Morgan Stanley (center) with Victoria M. Mather Assoc. Dean, St. Mary s University School of Law (left) and Auxiliary member Anabel Rodriguez (right) Virginia Jordan Dial Scholarship winner Richard Zimmerman with Paralegal Studies Program Coordinator Tandy Schoolcraft, JD (left) and Auxiliary member Anabel Rodriguez (center) The next gathering of the San Antonio Bar Auxiliary will be held on May 28, at 11 a.m. at The Oak Hills Country Club. Past and present Auxiliary presidents will be honored, and new officers will be installed. For further information, please contact hostess Martha Ann Franco at

18 18 public finance practice group and is also a certified public accountant. Martinez serves as bond counsel, underwriter s counsel, disclosure counsel, and bank counsel in connection with public offerings of tax exempt and taxable BrieflyWinstead s q Beirne, Maynard & Parsons, L.L.P., is pleased to announce that John G. George, Jr. of the San Antonio office has been selected to the 2013 Texas Rising Stars list. Rising Stars honors outstanding attorneys in states across the nation, including Texas, including top up-and-coming attorneys who are 40 years old or younger, or who have been practicing 10 or fewer years. Mr. George represents clients in a wide variety of civil litigation matters, including complex commercial litigation, business torts, labor and employment law, real estate, creditor collection, and third-party subpoenas. He has trial experience that covers a broad area of business litigation matters involving novel theories of contract and commercial tort law. The following Beirne, Maynard & Parsons attorneys were also named to the list: John K. Broussard, Jr., partner (Houston); Pamela C. Hicks, partner (Houston); Ramona M. Soto, associate (Dallas); and Forrest J. Wynn, partner (Houston). q Winstead PC has elected Daniel M. Martinez as one of the firm s new shareholders for Martinez practices in Willis & Wilkins, L.L.P. Would Like to Announce Their Law Firm s 20 th Anniversary (March 15, March 15, 2013). Thank You to the Judiciary, Fellow Attorneys and Other Members of the Legal Community for Their Support Over the Years. 100 W. Houston Street, Suite 1275, San Antonio, TX (210) ; bonds for counties, cities, school districts, and utility districts, among others. He has also performed transaction structuring and documentation including drafting bond ordinances, purchase contracts, resolutions and other related documents for State and local governmental entities. Martinez is a member of the American Bar Association, the State Bar of Texas, the San Antonio Bar Association, the National Association of Bond Lawyers, and the Greater San Antonio Chamber of Commerce. Named a Rising Legal Star by SA Scene magazine, Martinez received his J.D. cum laude from St. Mary s University School of Law. q Langley & Banack Inc. is pleased to announce the promotion of Patrick J. Kelly and Christopher T. Hodge to the title of Shareholder. Kelly, who operates out of the Carrizo Springs and Eagle Pass office, practices in the areas of oil and gas, real estate and general and defense litigation, as well as personal injury and probate law. Hodge will continue his work from the firm s corporate headquarters in San Antonio, concentrating on General Civil Litigation and Fiduciary Litigation. Langley & Banack applauds both attorneys and looks forward to their continued dedication to practicing law and serving their communities. q Law Partners, Lisa A. Vance and Deanna L. Whitley are pleased to announce the relocation of VANCE & WHITLEY, L.L.P. to th St., San Antonio, TX The firm s telephone number, and fax number, remain the same. q The law firm of Brown & Ortiz, P.C. takes pleasure in announcing that Nina Prado has become an associate of the firm. Nina will be concentrating in the areas of Economic Development, Municipal Land Use Planning, Zoning and Public Law. 112 E. Pecan, Ste. 1360, San Antonio, TX 78205

19 19 SABA/SAYLA Brewery Law CLE & Mixer, Presented by Travis Poling May 6 p.m. Fretail Brewing Company 4035 North Loop 1604 W. #105 CLE: 1.0 hour For more information, contact Santos Vargas or Dave Evans

20 20 SAN ANTONIO LAWYERS SUPPORT GROUP, May 7 Steve Murphy Switching Addictions: Why Do Things That Feel so Good End Up Making Me Feel so Bad? What: A confidential monthly education and support group for lawyers seeking support while healing from job stress, anxiety, depression, addiction and other mental health issues. See the Military Divorce & Retirement Seminar on DVD, May 2-3 Military retirement benefits can represent the most valuable asset in a military marital estate. Division of military pensions presents challenges due to unique rules that govern military retirement pay and the applicable federal laws and procedures and jurisdictional issues. If you missed the live seminar in September, the Bar Association will begin showing Military Divorce & Retirement: What The Practitioner Should Know on DVD on the first (consecutive) Thursday and Friday of each month. The highly-rated seminar features presenters from across the country speaking on topics such as Survivor Benefit Plan Issues, Jurisdiction and Service of Process For Divorce & Relocation and VA Benefits for Spouses, Former Spouses and Dependents, just to name a few. Visit bit.ly/militarylawbrochure12 for a full list of speakers and topics. The course has been approved for a total of 16.0 hrs., including 3.25 hrs. of ethics, and will be shown over the course of two days. Broken down by the day, attendees will receive 7.5 hrs. of CLE credit, including 0.75 hrs. of ethics on day one, and 8.5 hrs. of CLE credit, including 2.5 hrs. of ethics on day two. Credit for attendance at the San Antonio Bar Association s Military Divorce & Retirement Seminar may be utilized toward continuing legal education requirements for the certification and recertification of attorneys in Civil Trial Law, Estate Planning and Probate Law, Family Law and Tax Law by the Texas Board of Legal Specialization. The video is shown in the SABA offices on the 5 th floor of the Bexar County Courthouse. The video presentation begins promptly at 8:30 a.m. each day. Registration for each day of the video is $125 to SABA members and $175 to nonmembers. Register online at bit.ly/militarylawvideos12 or RSVP to Liz Castillo at When: Every first Tuesday of the month from 6:30 to 8 p.m. Where: Alamo Heights United Methodist Church, Room W105, 825 E. Basse Road. Park and enter on west side. Format: 60-minute speaker who is an expert from the mental health field and 30 minutes of peer support and open discussion. Contact: The Texas Lawyers Assistance Program (TLAP) has teamed up with San Antonio Lawyers Concerned for Lawyers to provide this program. TLAP support is from texasbar.com at

21 21 Lawyers purchase defibrillators for Bexar County Courthouse and Cadena-Reeves Justice Center (cont.) contributing to this project include: Bexar County Probate Courts SABA Appellate Practice Section SABA Construction Law Section SABA District Courts Committee SABA Family Law Section San Antonio Bar Foundation San Antonio Criminal Defense Lawyers Association San Antonio Real Estate Attorneys Discussion Group Hon. Walden Shelton In all, the lawyers and judges donated close to $14,000. In March, the San Antonio Bar Association sponsored a training session held in the courtroom of Judge Walden Shelton to raise awareness of the eight new units. Bexar County Sheriff s Deputy Chris Jackson, Dr. Earl Smith and Dr. Richard Clemons demonstrated how to correctly use the defibrillators, which will be strategically placed throughout the two justice buildings. If you missed the demo and would like view a copy of the instructional DVD that came with the AEDs, please contact Kim Palmer at - continued from front page - Officer Chris Jackson supervises as County Clerk Gerry Rickoff practices using the training defibrillator on a mannequin. Pictured left to right: SABA Executive Director Jimmy Allison, Dr. Earl Smith, SABA Vice President Tom Keyser, Officer Chris Jackson, Dr. Richard Clemons, SABA President Andy Kerr and Judge Walden Shelton.

22 22 Committed to the mediation process, each of our member lawyers is devoted to the ethical practice of law. Recommended by judges and their fellow attorneys, AAM mediators have conducted over 25,000 mediations since A model of responsible dispute resolution, as a group we have over 850 years experience in the practice of law. Each of our members are covered by the A-A-M group arbitrators and mediators professional liability insurance policy. With this much talent and experience, why consider any other mediation source? Areas of Practice Appellate Bankruptcy Business/Commercial Civil Rights Condemnation Construction Consumer The Association of Attorney-Mediators San Antonio Chapter Education Employment & Labor Entertainment Family Farm & Ranch Health Care Insurance Intellectual Property International For Information about individual members and chapter activities, visit the local website at Many of our members have online scheduling functionality. Contact the San Antonio Local Chapter: Don Philbin 112 E. Pecan Street, Suite 1100 San Antonio, Texas / Medical Oil & Gas Personal Injury Professional Liability Real Estate Securities Taxation Title Insurance Wills, Trusts & Estates CONGRATS! At the 50 th Annual Criminal Law Institute held on April 5-6, 2013, Gerry Goldstein and long-time seminar co-chair Bob Price both received the Criminal Law Seminar Hall of Fame Award, which recongnizes standout attorneys and judges in the field of criminal law. MEMBERS Dick Alcala Judith Reed Blakeway Leslie Selig Byrd Ben R. Chappell Blake Coffee Hon. Karen Crouch Michael Curry John H. Davis Allan K. DuBois John J. Franco, Jr. Otto Good Reese J. Harrison, Jr. A. Chris Heinrichs Ronald Hornberger Nan P. Hundere Richard H. Ihfe Gary W. Javore Douglas D. Ketterman Jerry D. King Daniel O. Kustoff William H. Lemons Valarie Miller Dan A. Naranjo Gale R. Peterson Hon. Robert T. Pfeuffer Donald R. Philbin, Jr. Vick Putman Wade Shelton John Skogland Thomas J. Smith Hon. Phylis J. Speedlin William R. Towns ipad U. CLE for the Family Lawyer Will.i.Pad for the Trial Lawyer? From Shakespeare to The Blackeyed Peas: I Got a Feeling it s NOT Much Ado About Nothing May 12 noon The Plaza Club (Frost Bank Tower) Come hear Mark I. Unger (techie lawyer type) and Jonathan Marcus (certified mac guy) cover many of the basics and many Apps necessary to use the ipad in your legal practice. The focus will be on efficiency in use and how this translates to getting more done and making more use of time and thus money. Presentation will include Security (ethics 0.25) Keyboards and Cases Usage Tips and Tricks Apps for note-taking, document storage, Word and PDF documents, legal and case research, mediation, trial presentation as well as when to know when to go to the bathroom during movies... really... you get a little bit of everything. RSVP to Janis at or Kimberly at CLE: 1.0 hr. Cost: $25 for Members $30 for Non-Members & Guests Judges are complimentary

23 23 Attention Attorneys! y Expand your client base. The Lawyer Referral Service needs competent lawyers in all fields of law to satisfy the increasing demands of Bexar County residents for legal assistance. One of the many unique services offered by the San Antonio Bar Association is the Lawyer Referral Service. The Lawyer Referral Service has many objectives, one is to encourage lawyers to recognize the obligation to provide legal service to the general public. The service staff provides fast, efficient referrals to members of the service. All calls are first screened by the staff before a referral is made to an attorney. A referral is made to participating members of the service on a rotation basis according to the following criteria: Area of law, geographical location, and language preference. The Lawyer Referral Service can provide a bridge between the public and the legal community by assisting persons who need legal questions answered but do not know where to turn for a lawyer. For more information on registration and membership requirements, contact Sylvia Hernandez, Lawyer Referral Director at x15 or at At Courtroom Sidekicks, we assist the client in preparing and presenting a professional and clear set of facts and evidence at a rate reasonable to the size of the case. Whether the matter is a 1-day mediation or a 6-month complex business litigation, it is our mission to make it a winning experience. We work in all phases of the case, including: Scanning; Printing; Synchronization of Depositions; Graphics (Boards, Static, and Animated); Video/Text Clips (for witnesses unable or unwilling to attend and for impeachment purposes); and Trial. We present the materials seamlessly to support the attorney s presentation of the case to a Judge, jury, mediator or arbitration board. By easing the burden on the paralegal and attorney of dealing with the minutia of document/video preparation and handling we allow them to concentrate on the most important thing, the TRIAL. We are available for consultation 24 hours a day, 7 days a week. Our technicians draw on a wealth of invaluable information from experiences in retail, accounting, international business, information technology and even a law degree. Our experienced staff is well educated and highly motivated to make your case preparation and presentation effortless. For more information call or visit our website at: (210) Phylis J. Speedlin Mediator-Arbitrator-Private Judge Telephone: Online calendar at Mediates and arbitrates all disputes. Qualified under the Civil Practice and Remedies Code to try lawsuits as a Private Judge upon agreement of the parties and referral by the trial court. Brings vast knowledge and skills to the alternative dispute resolution process developed during her 30-year legal career as trial lawyer and judge State District Court Judge and Appellate Justice. Plunkett & Gibson, Inc. 70 N.E. Loop 410 Renaissance Plaza, Ste San Antonio, TX 78216

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