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January 1985Vol. 19, No.1

THE ARKANSASLAWYER

THE PUBLICATION OF THE ARKANSAS BAR ASSOCIATION

SPECIAL FEATURES REGULAR FEATURESOFFICERS

William R. Wilson. Ir., PresidentDon M. Schnipper. President-ElectAnnabelle D. Clinton, Sec·TreasurerDavid M. "Mac" Glover, Council Chair

Wm. A. Martin, Executive DirectorIudith Gray. Assistant Executive

Director

EXECUTIVE COUNCIL

Jack A. McNultyW. Kelvin WyrickGary NutterWilliam Russ Meeks 1IIKaye S. OberlagTom OverbeyRobert S. HargravesRobert HornbergerJoe ReedDavid SolomonStephen M. ReasonerJames A. McLarty

chris barrier/outof context

Women of the Lawin Arkansas. 1918 to 1959

by Jacqueline S. Wright

Expanded ProbationServices Viable

Alternative to State's Prisons,by Gory Speed

EX-OFFICIO

William R. Wilson. Jr.Don M. SchnipperDennis L. ShacklefordAnnabelle D. ClintonMartha M. MillerDavid M. "Mac" Glover

"There You Go Again"Congress Changes the Rules

for Low-Market Loans,by Craig Westbrook

EDITOR

Ruth M. Williams

ON THE COVER:The Arkansas prison system has expe

rienced continuous pressures in the pastdecade from an ever-growing prisonpopulation and spiraling costs. Little Rockattorney Gary Speed looks at the impact ofthe Arkansas Adult Probation Commission. created by Act 151 of 1983. in helpingto relieve these pressures through expanded use of supervised probation inthe state. Speed. a former newspaperphotographer. visited the Cummins Prison Unit while compiling his research and.in candid photographs. provides a visualreport to accompany his article.

Photo by Gary Speed

All inquiries regarding advertisingshould be sent to The Arkansas Lawyerat the above address.

The Arkansas Lawyer (USPS 546-040) is ~--------------------------------jpublished quarterly by the ArkansasBar Association, 400 West Markham, Little Rock, Arkansas 72201. Second classpostage paid at Little Rock, Arkansas.Subscription price to non-members ofthe Arkansas Bar Association $6.00 peryear and to members $3.00 per year included in annual dues. Any opinion expressed herein is that of the author. andnot necessarily that of the Arkansas BarAssociation. or The Arkansas Lawyer.Contributions to The Arkansas Lawyerare welcome and should be sent in twocopies to the Arkansas Bar Center, 400West Markham, Little Rock, Arkansas72201.

January 19B5/Arkansas Lawyer/l

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THE PRESIDENT'S REPORT

"SAD SINGING ANDSLOW WALKING" FORFOURTH AMENDMENT

By William R. Wilson. Jr.

Having been "admirablyschooled in every grace." I fullwell realize that it is gauche toquote one's self.

Since. however, I am going totell you. "I told you so," I mustdeviate from this everyday civility. In the Summer issue of theUALR Law Journal. I reviewedJohn W. Hall's book. Search andSeizure. and observed that:

I hope John Wesley Hall. Jr. hasnot written a masterpiece on theart of hunting dinosaurs. He indicates in his preface that hedoes not think so. With characteristic trial lawyer confidence. he chose to ignore predictions that the fourth amendment will be rendered impotentby Court decisions. Given thecurrent philosophy of severalSupreme Court Justices. someare not so sanguine about thefuture of the exclusionary rule.and none but the most naivewould argue that the fourthamendment is naught but forthis evidentiary rule.On July 5. 1984. the Supreme

Court of the United States com-

menced the sad singing and slowwalking for the Fourth Amendment. The so-called "good faith"exception to the exclusionary rulewas predictably adopted in U. S.v. Leon. 104 S. Ct. 3405 (1984). Itwill take another decision or twoby the High Court. but. for allpractical purposes. the fat ladyhas sung and church is out.

Our founding fathers were outraged by warrantless. door-todoor searches by the Britishagents and soldiers. A guaranteeagainst an unreasonable searchand seizure was not a technicalityto them. In truth. however. thisconstitutional guarantee did notmean much until 1914 when theSupreme Court first held that illegally seized evidence could notbe used in federal courts. Weeksv. U. So, 232 U.S. 383. Incidentally.in 1961. in Mapp v. Ohio. 367 U.S.643. the Supreme Court extendedthis protection to include illegalsearches and seizures by stateauthorities.

A grand experiment. All citizens-regardless of their place insociety-were given protectionagainst unreasonable searchesand seizures. Le .. the SupremeCourt of the United States putteeth into the Fourth Amendmentvia the exclusionary rule.

Although champions of abolition of the exclusionary rule suggested alternative deterrence(such as civil lawsuits againstoffending governmental agents).virtually everyone agrees the proposed alternatives were naive.

Each of the justices voting infavor of the "good faith" exceptionto the exclusionary rule in thiscase, and on other occasions.have suggested that there is no"empirical data" to demonstratethat the exclusionary rule has adeterrence value. Think about thisobservation for a moment. Whatspecific data could one gather tosupport or deny this proposition?What officer would ever testifythat he or she has been morecareful about entering a privateresidence or business because of

a fear that illegal evidence mightbe suppressed?

Those of us who have li tigatedand/or presided in the courtswhere these issues arise. knowthat the exclusionary rule has adefinite deterrence value.

With all due respect to thejudges who have voiced this point("lack of empirical data"). they.unfortunately. have had preciouslittle on-the-job training. Theyhave not prosecuted. they havenot defended criminal cases. theyhave not presided over trial courtswhich hear these cases firsthand.Anyone who has ever looked intothe matter at all knows that it isextremely rare for a case to bedismissed because illegallyseized evidence is suppressed. Itis the threat of having it suppressed that deters governmentalagents from stepping over thelines while they are engaged inthe competitive business of ferreting out crime.

The Fourth Amendment hasmeaning only as long as the courtis willing to give it meaning viathe exclusionary rule. If the majority of the court are not going toreconsider their unwise course,then I suggest that. "The right ofthe people to be secure ... shallnot be violated" be changed to."The right of the people to be secure ... should not be violated;"and the following parentheticalthought should be added at theend of the current Fourth Amendment provision ("but this prohibition is advisory only").

•••On to a happier note. As most of

you know. the Supreme Court ofArkansas approved our Association's petition re interest on lawyers' trust accounts (lOLTA) onSeptember 17. 1984. Implementation plans are proceeding apace.Soon we will have the opportunityto fund many worthwhile projectsin the justice system. Working together we can now tap a source offunds heretofore unavailableand. Glory Be. at no cost to thelawyer or the client. Stay tuned. D

January 19a5/Arkansas Lawyer/3

POINT OF VIEW/LETTERS

Resolution

"Kneejerk,

Unthinking"

A Foolish

Position

(The following is an edited versionby Congressman Ed Bethune of aletter he sent to President WilliamR. Wilson, Jr., prior to the Housevote.)

By Congressman Ed Bethune

September IS, 1984

Mr. Bill WilsonPresident. Arkansas BarAssociation

Dear Bill:You are on the verge of leading

the Bar Association into a foolishposition on the question of judicialselection.

I'm not concerned about theimage of the few of you who havepromoted or acquiesced in this development, but the thousands oflawyers who have had nothing todo with this matter and the association should not be damaged bythe errors of overzealous Pryorsupporters, Arkansas Gazetteeditorial distortions, and a myopicview of the separation of powersproblem.

This kneejerk. unthinking posi·tion, initiated by David Pryor partisans, has been publicized andpromoted through you, an admitted liberal Democrat and supporter of David Pryor.

You have abused your posi tionas President of the Bar Associationby permitting the association to beused for political purposes. It is

4/Arkansas LawyerlJanuary 1985

The debatecontinues on

the September 21vote by the

House ofDelegates to

"repudiate andcondemn" efforts

to screencandidates forjudicial office

throughin terrogation,utilizing past,

publisheddecisions.

bad enough that you have madethe charges you have without fairnotice to me, but the real tragedy isthat you have led the Bar Association on a witchhunt based onflawed information you receivedfrom the poison pens at the Arkansas Gazette editorial boardwho have distorted my selectionprocess beyond description. If youhad developed the real facts or hadrelied upon the distillation foundin the news, not editorial columns.you would not be in this predicament.

Your resolution, inspired by thedistorted record, would, if possed,undermine the process I used andtaint the judge thus selected.Moreover. it would criticize andcall for an end to the very process

now used by the United States Senate.

Lawyers have an obligation toget the facts straight before rendering judgement. Had you chosento use the "best evidence," youwould have never gotton yourselfand the good membership of theBar Association out on a limb.Alas, you were suspiciousIy quickto use the "worst evidence" onecould ever get in a dispute involving a Democrat and Republican, and that is the unrelentinglybiased columns of the ArkansasGazette editorial page.

For the record, here are the facts:

1. In June, due to the high levelof concern in my district I prepared and circulated a newsletter to my constituents. Thelead article was entitled"Federal Judges Power is aSerious Problem." In thatnewsletter, I set out a threefold test for judicial selection:

(a) Judges should be fair, buttough on criminals. especially on drug offenders;

(b) Judges should be committed to the belief that federal district judges shouldinterpret the law, and thatthey have no businessmaking the law: and

(c) Selection should be on thebasis of ability and qualifications, not onfriendship or politicalparty affiliation.

2. On June 29th, the Congressunexpectedly passed a billwhich created a judgeship forthe Western District of Arkansas. Three years ago, JohnPaul Hammerschmidt and Ihad agreed that I would takethe lead on fill ing this one.House Judiciary ChairmanPeter Rodino and other liberalHouse Democrats delayed thebill which created 85judgeships in the UnitedStates. Now, Senate Democrats are attempting to blockconsideration of 40 federal

judgeship nominations byPresident Reagan.

3. On August 9th, George Wells,Arkansas Gazette newsreporter, accurately reportedthat I would ask each applicant about "certain Constitutional concepts and particular cases··· to determine hisgeneral view, especially on ajudge's authority, without trying to extract pledges on howhe will rule in the future."

4. On August 8th, I sent a letterto all individuals who hadapplied for judgeshipwherein I said, "***, pleaseunderstand that my interestin these and other cases thathave already been decided isnot to extract a pledge or evenpredict how you might rule ina particular case. It is solelyto determine your generalview on the nature and extentof a federal judge's authority."

5. On August 18th after the interviews were over, GeorgeWells, Arkansas Gazettenews reporter, accurately reported that he had contactedthe three individuals whowere recommended to theWhite House, and the all saidthat I was very careful not toask how they would rule inparticular cases.

The documents I have sent andthe words I have said, as well asthe reaction of those who were interviewed, indisputably show thatI asked about the cases, concepts,and classic writings for the verylimited purpose of determiningwhat the applicants believe aboutthe authority and responsibility offederal district judges.

I direct you to the confirmationhearings of Justice William Rehnquist, Justice Sandra DayO'Connor, and Justice HarryBlackmun.

According to transcripts of Senate Judiciary hearings on thenomination of Justice O'Connor,

Teddy Kennedy questioned her onabortion, birth control. and theMiranda rule. He also asked aboutthe issues of judicial activism,supporting, of course, the beliefthat judges should be able to makethe law.

Kennedy and Senator PhillipHart questioned Rehnquist abouthis judicial philosophy during confirmation hearings in November,1971. Kennedy again questionedthe judicial nominee about theMiranda rule, the Pentagon Paperscase and asked Rehnquist if aspecific case was brought up before the Supreme Court would he"feel obligated to disqualify" himself.

In the confirmation hearings ofJustice Blackmun, liberal SenatorBirch Bayh questioned him on thecases of Nash V5. Swanson andYoung vs, Mayer.

lf we stopped here, one wouldsuppose the rule to be that it'spermissible for liberal politiciansto ask about judicial philosophy,but not for conservatives to do thesame. Fortunately, there is morefairness and wisdom in our system.

I hate to rub it in to you Pryorsupporters, but I learned what Iknow about this process from

Senator John McClellan during thetime he selected me to be and wastrying to get my nomination as aFederal District Judge through theSenate.

BethuneOverstepped"Bounds ofPropriety"

By Winslow Drummond

I have been asked to submit byOctober IS, 1984, this summary ofmy "point of view" relative to thecontroversial resolution adoptedby the House of Delegates on September 21 in Fayetteville. J do sowith the understanding that other"points of view" are being submitted independently and simultaneously by Dr. Robert Wrightand Congressman Ed Bethune.Perhaps all of us will contributeto a formulation of guidelines for

January 1985/Arkonsos Lowyer/S

the future as requested by theHouse of Delegates.

Mr. Bethune's announced procedure for the selection ofdesignees for a newly createdfederal judgeship precipitatedexpressions of "outrage" whichled to the preparation of the resolution. In the interim. Mr.Bethune stated that the ExecutiveCouncil had "taken a dive" on theissue. and he demanded that theHouse vote approbation or rejection of his methodology. evenrequesting and being granted thecourtesy of the floor. He got allthat he wanted.

While political partisanshipmay indeed have cdfected somevotes in the House. those voteswere few. The partisan votesaside, the overwhelming majorityof the delegates had to balanceapparent involvement of the Association in politics. on the onehand. and taking a stand on Mr.Bethune's method of judicial selection. on the other. If this analysisis accurate, the final vote on theresolution is probably not a truereflection of House sentiment onthe latter issue.

The resolution. as submittedand ultimately adopted, condemned interrogation of judicialcandidates with respect to particular court decisions. In my opinion. the resolution was too broadand. in a sense. missed the basisfor the earlier expressions of"outrage." Taken literally, it repudiates what has been done historically by the Senate JudiciaryCommittee in public hearings. Wehave since heard from SenatorsHatch and Thurmond. each decrying the resolution as adopted butwithout indication from either asto their knowledge of eventswhich led to the House action. Onecan hardly argue with either Senator, as, again. the language ofthe resolution is condemnatory ofeach of them and of Committeetradition.

My personal concern with thetext of the resolution prompted aproposal to amend to condemn" ...


actions of any candidate for political office who would attempt todeceive the electorate by suggesting that his or her election mayresult in reversal of decisions.however unpopular. rendered byan independent judiciary." I feltthat this language would not single out Mr. Bethune and. moreover. that any political candidateobjecting to it would be labelinghimself as deserving of condemnation. The chair ruled this proposal to be out of order.

The narrow question. perhapsnot even yet addressed with sufficient specificity. is this: Whatwas "improper" about the Bethuneselection procedure? Hopefully.this can be answered best byspelling out a "proper" approach.

A candidate for elective office inArkansas in 1984 seeks votes. Thename of the game! The electorateis fuming about one federal courtdecision, in particular, and anumber of decisions. in general.So. what's new? The candidateannounces that his party. including even the President, has granted to him the power to select afederal judge. Wow! He expresseshis abhorrence of "liberal activism" and assures us that he willname a "strict constructionist."Attaboy! He promises to conductprivate interviews of applicants

with whom he will discuss Federalist Paper No. 78. Exciting! Heidentifies the applicants and, atthe conclusion of the interviewprocess. announces the names ofhis designees, describing each aso "strict constructionist" with a"judicial philosophy" compatiblewith his own. Well done!

But this was not the completeBethune scenario. He steppedover the bounds of proprietywhen he told the electorate on thefront end that he would discussprivately with the applicants anumber of continually controversial judicial decisions (e.g .• thefederal exclusionary rule, schoolprayer. etc.).

There is, of course. nothingwrong with discussing issues.however controversiaL in privatewith anyone for any reason. Participants in private discussionshave the right to disclose all. part.or none of the subject matter. Buthere the entire subject matter waspublicized in advance. leaving thedistinct impression and. in fact,dictating the conclusion that theapproved applicants agreed privately with Mr. Bethune's oftstated views on matters such asthe exel usionary rule, schoolprayer, etc. And these are matterswhich today are being re-examined by the federal judiciary at alllevels-presently pending casesbefore the courts.

Mr. Bethune's hand was calledthrough the expressions of "outrage." Immediately. he and hisdesignees state to the media thatthe court decisions on the interview agenda were never discussed at all. Why not, if not improper?Mr. Bethune. in addressing theHouse of Delegates, repeatedlyasserted that his private interviews were limited to a discussionof Federalist Paper No. 78.

And yet. in a letter to William R.Wilson. Jr., of September 15. 1984.Mr. Bethune writes: "As you mightrecall. I ...discussed Mapp vs.Ohio with the recent Arkansasjudicial applicants."

Huh???

thing missing was that none of thereporters looked like Jack Lemmonor Walter Matthau in Front Page.Before the matter came up, at thetime the agenda was approved,Charles Carpenter questionedwhether we could take up a resolution at a special meeting of theHouse rather than at the annual or

mid-year meetings. The rules saythat the House can only do whatCharlie said, but President Wilson (Bill, not Woodrow) ruled thatwe could. (I think that the ruleshould be changed to conform towhat Bill Wilson interpreted it tomean.) It would have done nogood to challenge this ruling atthat point because the majorityclearly wanted to air the matter.

When the agenda reached theresolutions, Bob Ross, as chairman of the committee, reportedthat the committee had voted 5-0against the resolution. The committee, however, did agree withsome of the statements in the resolution and asked that a committee be appointed to considerwhether guidelines were neededand, if so, to draft proposed guidelines for politicians who are involved with the judicial appointment process. The ResolutionsCommittee. incidentally, is composed of lawyers from Fort Smith,

January 1985/Arkansas Lawyer/7

Yer mighty foxy!Les' be

friends!!

who was a Republican. But theatmosphere at the Hilton Convention Center was quite to thecontrary. The resolution obviouslyhad substantial support (althoughI thought it would fail until itfinally passed), and most peopledid not talk about it except in thecontext of the campaign. Onemember of the House whom Itaught and whom I respect told methat if it came down to a matter ofEd Bethune versus David Pryor, hewould go with the latter becausehe was a Pryor supporter. Apparently. someone touched his conscience because he did not vote forthe resolution when it finallycame to a vote.

Let me describe this part of themeeting. Congressman Bethuneshowed up just before the meetingwith his wife, and he sat down upat the front of the room near theofficers. Hovering at the readywere the TV cameras, kleig lights,and a bevy of reporters. The only

matter was tainted by the Senaterace. then you should have beenin Fayetteville. I went to Fayetteville solely for the meeting, andbefore I left Little Rock I had nottalked locally to a single lawyerwho favored this resolution. Moreover. to the best of my knowledge.I did not talk to a single lawyer

By Robert R. Wright

The most controversial matter tocome before the House of Delegates of this association in manyyears was the resolution disapproving of interrogation of judicialcandidates on subjects on whichthey might have to rule. More specifically, the resolution was aimedat Congressman Ed Bethune andthe process for appointing a federal judge to the bench in theWestern District.

This was a matter which shouldnot have been brought before theHouse of Delegates. at least not atthis time. It was hopelessly immersed in politics from start tofinish, and it became even more sowith Congressman Bethune'sappearance with the ever-presenttelevision cameras and reporters.The best thing that could be saidfor this sorry affair was that weentertained the press royally atOur expense and maybe they willsay something nice about us for achange.

The Arkansas Bar Association isa voluntary professional association, not a political action committee nor an arm of either political party. It has no more businessdabbling in politics than a duckhas in making friends with a fox.

But if you do not believe that this

AssociationHas No MoreBusiness inPolitics Than"Duck HasMaking FriendsWith a Fox"

Paragould. Hot Springs. and LittleRock. and includes me.

In order to take up the resolution. it was necessary under therules to have two-thirds of theHouse vote to take it up. The votewas exactly two-thirds. 32-16.

At this point. the president gaveJim McLarty of Newport. the authorof the resolution. ten minutesto present the resolution and hisreasons for it. He did a good job ofpresenting his viewpoint. and Iam persuaded from his presentation that lim was incensed professionally at what CongressmanBethune had done because heviewed it as improper.

Congressman Bethune thenspoke for fifteen minutes. whichwas the time allotted to him. I amtold Mr. Bethune's speech dealtin part with the professionalaspects of his actions. which hedefended largely on the basis thatSenators do the same thing wheninterrogating Supreme Courtnominees. and in part with hisOwn political views. This latteraspect offended some members ofthe House who hold differingviews.

When Winslow Drummond wasthen recognized to speak. andbegan to address the issue. theCongressman sought to engagehim in a debate or dialogue. Hewas obvious Iy angry. and BillWilson asked him to calm down. Ido not think that Mr. Bethune'sactions at that point set well withsome members of the House. Winoffered a separate resolutionwhich Bill Wilson ruled out oforder.

There then ensued a good manyspeeches both pro and can. Eventually. I moved to table the resolution and urged the appointment of the committee recommended by the Resolutions Committee. The motion to table failedby only a few votes. There werethen several more speeches, including one by me saying aboutwhat I have said here. and theresolution passed 25-23.

B/Arkansas LawyerlJanuary 1985

"Dinner" being over. the pressleft. They did not wait longenough to see the House ultimately poss the resolution creatin~ acommittee to consider writingguidelines from judicial appointments-which is about the onlyaffirmative act to come out of thismilieu. I proposed the appointment of this committee not onlybecause of the Bethune affair butalso because of the situationwhich arose in David Newbern'scampaign. I believe that weshould address these issues anddevelop guidelines in order thatthese issues will not be immersedin personalities or be tainted bythe heat of a particular campaign.

As for what Ed Bethune did infact. as opposed to what his lettersaid he was going to do whileinterrogating the judicial candidates. he clearly did not violateany rules of professional conduct.He did not discuss specific casesapparently. However. I questionwhether he would have violatedany of the canons if he had talkedabout specific cases previouslydecided by the Supreme Court. Myreasoning is this: Once a SupremeCourt decision becomes precedent. a district judge must either(a) follow it. (b) try to distinguishit. or (c) refuse to follow it and tryto persuade the appellate courtsthat it should be stricken as precedent. The latter course is highlyunlikely. Thus. a judge who doesnot like Roe v. Wade. for example.must either follow it or try to distinguish it in a particular lawsuit.Therefore, since these are precedents which a district judge musteither follow or try to distinguish.then why not ask him about anycase from Marbury v. Madison upto the present. For example. I donot like Holmes' decision inPennsylvania Coal v. Mahon decided in 1922. He provided a looseformula for what constitutes ataking under the police power thatis presently giving rise to damagesuits that I consider to be improper. Up until recently. most schol-

ars have believed that he did notmean to say that damages couldbe recovered. but most of thefederal circuits (contrary to thestate courts) seem to think otherwise. But if I were a district judgein Little Rock. I would have tofollow at least the Eighth Circuit'sview of what Holmes' meant withhis loose language. Consequently. I see no reason to object todiscussion of past precedents withlower court judges. It is true. ofcourse. that a potential appointeeshould not comment on pendinglitigation or potential new litigation that might come before him.But I see nothing wrong with commenting on past Supreme Courtdecisions. although I realize thatthere are substantial argumentsto the contrary-which is why weshould have the guidelines.

When the meeting in Fayetteville was over. I had the feelingthat the bar association had beenused by both the press and thepoliticians. No one likes that feeling. and I hope we do not have togo through it again. 0

LEITERS

Dear Editor.I've enjoyed reading the recent

articles written by local lawyersand non-lawyers. What reallyprompted me to write this month isthe first of three parts. "A Record ofthe Past" by Frances Ross. I somuch enjoyed reading it and somuch appreciate seeing it in TheArkansas Lawyer. not only because I am a female. but that nodoubt adds to my appreciation.

Donna GayLittle Rock

P.S.I am also enjoying the "Genera

tions in the Law" series this month.and Chris Barrier's and VictorFleming's articles. Keep it up! 0

,

•

•,

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Law I Literature & Laughter

,

A letter received in response tothe October installment 01 thiscolumn was conspicuously without signature. In it the writershared with me the experience 01his "first divorce liIe" when he wasstill a "brand-new" lawyer. Theevent apparently transpired in atown other than Little Rock, "at acourthouse." says the writer."where the Christmas lights stayup all year, but are turned on onlybetween Halloween and NewYear's."

The writer represented a housewife against a "religious fanatic"appliance salesman. At the temporary hearing, over timely objection by counsel and repeated judicial reprimands, the husband andhis lawyer-"a white-haired practitioner with a flamboyant style"made allusions to the wile's"alleged paramour."

Custody and support wereawarded the wile, and she expressed elation and gratitude toher young attorney. Then, thewriter goes on, she made a conlession to him outside the courthouse: "Mr., there ain't nothingbetween me and that little so andso they kept talking about in there.But now I have committed a littleadultery."

•••My Iriend T. S. Day 01 Arkansas

Post called to tell me 01 a recentexperience 01 his, also. Though,not a lawyer, he loves to watchtrials. He olten spends his vacations visiting courtrooms whereverhe travels. This summer, it seems,he happened into a certain court,the venue 01 which will remain asecret. where an expert wi lnesswas in the final two hours 01 whathad been a lull day 01 testimony.T. S. noted that the judge repeatedly asked questions about subject matter that had already beencovered thoroughly by the man'serudite dissertation.

Courthouse

ChucklesBy Vic Fleming

\~.i.

1.::::....•..·..•..........:\ :?•.•..:......•.•:.•..•.•...:...•.•.•.•..•.•:••... ; ..:\;\ ::;::::,::::::\::" .~\\\\\\\\l\\\\\\\

.....:.:::.:-.:.:;:.;.:.: : ; .

"When the guy finally wasallowed to come down lrom thestand," T. S. said, "the judge saidto him, 'Mr. Johnson, I am veryimpressed with your intelligence.'

"Mr. Johnson grinned real bigand said, 'Why, thank you, yourhonor. If I wasn't under oath, I'dreturn the compliment.' "

•••A good chuckle in the courtroom

is rare. When you get hold 01 one, itcan be a pleasant experience.Recently in a venue which alsowill remain a secret. except to saythat it is north of Pulaski county,my client seemed destined to loseat trial. Both sides freely admittedthat the case was going to beappealed, whoever lost.

Shortly alter the judge indeedrendered his decision against myclient from the bench, he said thatil the lawyers wanted to put specialfindings in the decree for purposes 01 "sending the case down."he would understand. Alter thedust had cleared and we were preparing to leave, I told the judge Iliked the way he phrased theappellate concept. Some courtsleel that an appeal goes "up." Itold him.

"Well." he said, without cracking a smile, "the way [ see it. fromhere it goes down the interstate."

•••Some law suits are like mating

elephants. They take place on ahigh level. They are acted out witha lot of roaring and screaming.And they take about two years toget results. 0

Editor's Note: "Law, Literature, &Laughter" is the brainchild of Victor A. Fleming, a member of theHoover, Jacobs & Storey firm in Little Rock. Vic has been a member ofthe Arkansas Bar FoundationWriting Awards Committee since1981. His legal and nonlegal writings have appeared in news·papers, magazines, and legalperiodicals. Readers are invited toshare humorous experiences withVic for exposition in future issues.

January 1985/Arkansas Lawyer/II

IN

MEMORIAM

James Thomas Gooch

James Thomas Gooch

James Thomas Gooch, aged 70,of Arkadelphia, died Tuesday,October 23, 1984.

He was an attorney with the firmof Lookadoo, Gooch and Ashby(formerly Lookadoo, Gooch andLookadoo) and was a formerUnited States attorney for the Eastern District of Arkansas.

Gooch was state senator fromCross and Poinsett Counties from1940-1944 and U.S. attorney for theEastern District of Arkansas from1946-1954.

A native of Vanndale, he was theson of the late Samuel A. andAugustus Halk Gooch, and attended Arkansas State Universitywhere he was a three-year letterman in football and was twice captain of the team.

Gooch was admitted to the Barin 1940 after graduation from theArkansas Law School in LittleRock. He entered the Navy in 1942shortly after being the assistantmanager of the late John L.

12/Arkansas Lawyer/January 1985

McClellan's successful campaignlor the U.S. Senate. He served inthe Navy during World War II as aLieutenant (Jg) aboard the U.S.S.Wisconsin.

In 1948, Gooch was elected president of the U.S. Attorneys Conference, the first Southerner ever toachieve that distinction.

He entered law practice in Arkadelphia following his service asU.S. attorney.

In 1966, he considered runningfor governor.

Gooch was a former chair of theClark County Democratic Committee, served on the War MemorialStadium Commission, lrom 1946 to1967, and was a past president ofthe Arkansas Trial Lawyers Association.

He was a vice president and director of the Elk Horn Bank andTrust Company.

A member of the Arkansas BarAssociation for 44 years, Goochserved three terms on the Legislation Committee and on the Federal Legislation and ProceduresCommittee. He also served on theConstitutional Reform Committee.

He was also a member of theAmerican. Southwest Arkansasand Clark County Bar Associations and the American JudicatureSociety.

Gooch was a member of the FirstUnited Methodist Church, a formermember of the AdministrativeBoard, served on the Little RockMethodist Conference FinanceCommittee, was a member 01 theLittle Rock Shrine Temple, American Legion and was a World War IIveteran.

Survivors are his wile, Jean HilleGooch; two daughters, JohannaQuinn of Jonesboro and MarilynKay Peterson of Tulsa; a stepson,Jo Bob Hille of Tulsa; a stepdaughter, Jana Bradley of Pineville, La.;three sisters, Sara Coldren of WestMemphis, Elizabeth Coombs andKate Meroney, both of Memphis;and, nine grandchildren.

Claude E, Love

Judge Claude E. Love, aged 86,01 EI Dorado, died Saturday, October 27, 1984.

He served as chancery judge forthe First Division of the 7th DistrictChancery Court from 1957 to 1969,when he retired.

Judge Love was called out of retirement by the Arkanss SupremeCourt several times to serve interim judgeships for the chancery division and both criminal and civilsections of the circuit division. Heretired again in 1972.

Born in Dyersburg, Tenn., theson of the late Robert Marion andLena Phillips Love, Judge Lovecame to Union County in 1914 tovisit relatives and decided to staypermanently. He began working insawmilling . became foreman of asawmill in Felsenthal and studiedlaw at night by the light of a coaloil lamp. The grade he received onthe state bar examination was arecord for 30 years. He was licensed to practice in 1923.

In 1926, Judge Love opened a lawpractice in Norphlet. He moved toEI Dorado in 1931 and becamedeputy county clerk. In 1934, hewas elected county clerk, a position he held in 1939 when heopened a law office. In 1957, hewas elected chancery judge.

Judge Love was a member andan ordained minister of the FirstChristian Church and taught themen's class at the church for 37years.

He was a 37 year member of theArkansas Bar Association and wasa member of the American BarAssociation. He was a Mason anda Shriner.

Survivors are his wife, MattieLou Ramsey Love; two sons, MaxE. Love of North Little Rock andRobert H. Love of Houston, Texas;a daughter, Mrs. Dorothy Love

,

Liner of El Dorado; a sister, Mrs.Dona Reynolds of Dyer County,Tenn.; and seven grandchildrenand 11 great-grandchildren.

Robert Dale Hopper

Born in Little Rock, he was theson of the late Albert E. and Mrs.Nellie Willis Townsend. He was agraduate of Little Rock HighSchool. Little Rock Junior College,the University of Arkansas and theUniversity of Arkansas LawSchooL 1938.

He was a 37 year member of theArkansas Bar Association and a

member of the American and Pulaski County Bar Associations. Hewas a director of the ArkansasHeart Association and a Presbyterian.

He is survived by his wife, Martha Hiser Townsend of Little Rock.and a brother, A. E. Townsend ofLittle Rock.

o

Robert Dale Hopper, aged 71, ofWest Memphis, died Wednesday,October 31, 1984.

A native of Forrest City, Hopperwas elected to the state House ofRepresentatives from St. FrancisCounty and served in the 1953 session. In 1970, he was appointedCrittenden County Juvenile Courtreferee and served six years.

While in that capacity, he wasnamed to the executive committeeof the Arkansas Association ofJuvenile Court Judges and Referees for a three-year term.

Hopper was a practicing attorney in West Memphis for 29 years.

He was a 35 year member of theArkansas Bar Association.

Hopper attended the Universityof Arkansas and was a graduate ofthe Arkansas Law School.

He was a World War II veteran, amember of the Veterans of ForeignWars and the American Legion. Hewas also a member of the WestMemphis Rotary Club, the WestMemphis Masonic Lodge and FirstUnited Methodist Church.

He is survived by his mother,Mrs. Hazel Hopper of West Memphis.

Willis Townsend

Willis Townsend, aged 69, ofLittle Rock, died Monday, November 5, 1984.

He was chief investigator forFord, Bacon and Davis, the chiefdefense contractor for the Jacksonville Ordnance Plant.

In 1945, Townsend was personnel director for the City of LittleRock. He entered law practice in1946 with his uncle, the late Wallace Townsend, and practicedmany years in partnership withhis brother, A. E. (Jack) Townsend,Jr.

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chris barrier/out of context

Plain Englishfor Lawyersl

of All People

Plain English for Lawyers firstappeared in 1978 in Berkeley's lawreview.' It has been expanded (butnot much) by editor Richard C.Wydick. and is available fromCarolina Academic Press. 2

It is not as much fun as Zinsser(quoted by Wydick) or even Strunk& White. But, if you're going toread and use one book on legalwriting. this is it.

An age-old problem ...Wydick recognizes the problem:

We lawyers cannot write plainEnglish. We use eight words tosay what could be said in two.We use old, arcane phrases toexpress commonplace ideas.Seeking to be precise, we become redundant. Seeking to becautious, we become verbose.Our sentences twist on, phrasewithin clause within clause.glazing the eyes and numbingthe minds of readers.'

He buttresses his argument withquotes from Thomas Jefferson,Aristotle and Bob Lellar, amongothers .•

Six principles to guide us ...He sets forth (in plain English

worthy of Will Strunk) principles toguide our minds and pens:

I. Omit surplus words.2. Use familiar. concrete words.3. Use short sentences.4. Use base verbs and the active

voice.5. Arrange your words with

care.6. Avoid language quirks.'

Wydick presents these principleswithout hammering on rules ofgrammar and usage.

A few verbal push-ups ...But, he does put you to work.

Perhaps. the most valuable feature of this little book is its use ofexercises. Wydick vividly illustrates each writing problem, giveshis reader a shot at resolving it.and then gives his own suggestions. The exercises are notburdensome, but working themwill vastly increase the book'svalue to you.

While direct and to the point,Wydick is not unkind to us law-

lanuary 1985/Arkansas Lawyer/IS

yers. He recognizes that word processing gives us less occasion toreview (and perhaps pare down)our prose. Further. computer research systems give us far moreinformation to manage. Hence, ourincreasing wordiness is not entirely our own fault.

Freo and cler ...He also explains the sources of

some of our bad habits. such as thetautology-convey and assign.good and valuable. arbitrary andcapricious, etc. Our English legalancestors frequently had to use atleast two languages to make theirmeaning clear to different groupsof readers-Celtic and AngloSaxon. English and Latin. Englishand Norman French. "For example, free and clear comes fromthe Old English freo and the OldFrench der ... ",6 which mean essentially the same thing. We havesimply continued the habit longafter any practical purpose remains for it.

Wydick knows how to distinguish "working words and gluewords" and just plain clutter.' Theworst clutterers are compoundprepositions. How many times dowe use in the event that when asimple if would do the job? Or subsequent to when all we mean isafter? Some word clusters, according to Wydick,can simply be dropped altogether. such as the factthat and in the case of. In Wydick·sexamples. he regularly trims familiar sounding legalisms by 30 to40"10.

Vividness and punch can beachieved by using short sentences, the active voice and concrete words. rather than ramblingabstractions. It is no accident thatWydick. like Zinsser. recommendsthe Old Testament' as a self-teaching tool to polish these skills.

a dining lawyer saying: ··Thegreen beans are excellent; pleasepass said green beans."" Try thesame approach with aforementioned. aforesaid. hereinafter.arouvendo. ratio decidendi. andquery. You get the idea.

Length can also be deadly. asMark Twain observed:

At times [the writer] may indulge himself with a long [sentence]. but he will make surethat there are no folds in it. novagueness, no parentheticalinterruptions of its view as awhole; when he has done withit. it won't be a sea-serpent withhalf its arches under the water;it will be a torch-light procession. 11

In twenty-five words orless ...

Wydick suggests limiting sentences to one main thought; keeping them (as the contests suggest)to twenty-five words or less; andbreaking up sentences which arenecessarily long and complex bytabulation. 12

However. he has little hope forlegislators. not all of whom arelawyers. Section 631(a) of the California Penal Code. dealing withtelephone taps. contains at least18 separate thoughts bound up in242 words. Section 341(e) (I) of theInternal Revenue Code packs 522words into the same passage, perhaps an indoor record. 13

Just the true facts. rna'am ...Perhaps. this phenomenon

encourages legislators to add unnecessary words, even in ordinaryconversation and press conferences. David Pryor will probablyavoid future references to "truefacts" and ··false facts:' after suf-

fering the slings and arrows ofjournalists and other purists.However, clarity and economy ofexpression are not hallmarks ofthe legislative and political processes.

Wydick also demonstrates othertransgressions to avoid, such asthroat-clearing, sexism, nounchain confusion, elegant variation. and unintentional ambiguity.l-4 His ultimate aim is to saveus the sort of embarrassment (or itsmodern equivalent) visited upon averbose sixteenth century Englishlawyer by his impatient judge:

The chancellor first ordered ahole cut through the center of thedocument. all 120 pages of it.Then he ordered that [thelawyer] who wrote it shouldhave his head stuffed throughthe hole, and the unfortunatefellow was led around to beexhibited to all those attendingcourt at Westminster Hall." D

FOOTNOTES, 66 Cal. L. Rev. 727 (19781.Z Send $4.50 to P.O. Box 8795, Forest Hills

Station, Durham, NC 27707.3 Wydick. page 3.4 Wydick, page 4.~ Wydick, page 65.8 Wydick, page 18, citing D. Mellinkoff,

The Language of the Law, 38-39, 121-22(1963).

? Wydick. page 7.8 Wydick, page 25, citing Exodus 8:7.I Wydick, page 29.

lU Ibid.II Wydick, page 38, Citing quotation in E.

Gowers. The Complete Plain Words 183(Fraser rev. ed. 1973).

IZ Wydick. pages 39-40.13 Wydick, pages 33+34.14 Wydick, pages 63, 59-60, 59, 57-58 and

49-56, respectively.n Wydick, page 3, citing Mylward V. Wel

den (Ch. 1596), reprinted in C. Monro,Acts Cancellariae 692 (1847).

.'

A plague of lawyerisms ...Lawyerisms also drain power

from our prose. strangling the lifefrom it and crushing comprehension. Some legal shorthand.such as res ipsa loquitur. is usefuland actually saves words, but, asa general rule, a "lawyer's wordsshould not differ without reasonfrom the words used in ordinaryEnglish.""

Wydick would discard somelawyerisms altogether, imagining

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I

InWomen of the Law

Arkansas

1918 to 1959By Jacqueline S. Wright

Approximately 150 women wereadmitted to practice law in Arkansas from the time the privilege wasgranted until 1959. Forty-four arelisted in the 1960 edition of Martindale-Hubbell. Twenty-one were inLittle Rock or North Little Rock. Theothers were all over the state:Arkadelphia. Blytheville. Clarksville. Conway. Cotter. Crossett. ElDorado. Fayetteville. Ft. Smith.Harrison. Hot Springs. Jonesboro.Lewisville. Marshall. Morrilton.Mountain Home. Prairie Grove,Stuttgart, Texarkana. Wilson. andWynne.

Who were these women whochose the law? What skills didthey bring to the profession? Whydid they choose the law? Whatwere they like?

I have spent the last two monthssearching for the answers to thesequestions and have found awealth of material. However. thestories of many of these women arelost through time. Therefore myresearch is incomplete and myevaluations are thus subject toquestion. But I will add some literary license, some intuition, andsome educated guesses to thefacts at hand and draw some conclusions about the women lawyersof Arkansas. 1918-1959.

Following a Family TraditionA number of them are from law

families where the practice is a

tradition. Elsijane Trimble Roy followed in her father's footsteps inthe grandest manner. She nowpresides over the same federalcourtroom that he occupied. NancyDaggett White. of the Eastern Arkansas Daggetts.' studied law butuses her talents teaching highschool and college students. Herdaughter. Ellen. is a lawyer who isa law clerk for the ArkansasSupreme Court.

Two of the earliest law-daughters were Ethel Jacoway Hart.admitted in 1929. and MariperleHouston Robertson. 1932. Ethel'sfather was chief justice of the Arkansas Supreme Court. 2 Mariperle's brother was also a lawyer.

Zonola Longstreth. 1933. andPatricia Robinson. 1951. practicedlaw with their fathers---Zonola inLittle Rock and Patricia in Lewisville. Arkansas.

Others whose fathers were lawyers were Gladys Milham Wied.1941; Erie Chambers. 1920; MaryBurt Nash. 1934; and Frances Holtzendorff. 1940.

Ann Arnold Hastings. 1946. RuthLindsey. 1940. and Ruth DexterVines. 1949. each have a brotherwho is a lawyer. Bill Arnold. fromCrossett. and Bob Lindsey. fromLittle Rock. hold prominent positions in the Arkansas bar. RuthVines' brother chose to use hislegal training in the businessworld.

Frances Shaw was admitted topractice in 1933. Her uncle wasChancellor Frank H. Dodge. who

January 19S5/Arkansas Lawyer/17

Photograph of the Little Rock Association of Women Lawyers taken about1950 at the Sam Peck Hotel, Front row: Lavita Gibson, associate member:Effie Combs, Dorothy Orsini Jones, Glendine Hill Greene, Ruby Hurley, NevaTalley-Morris, Back row: Mary Measler, Ruth Hale, Frances Shaw, Lela Bentley, Margarite Wolfe, Lois Morgan Faust, Alma Lowrey, Chancery Clerk Arline Turner, associate member; Assistant Chancery Clerk Ealey Red, associate member; Evalyn Rhodes, Mariperle Houston, Hazel Bob Pearson, GladysLucy.This photograph is reprinted with permission of the National Association oj Women Lawyers.

sat in the First Judicial District.Rebecca Norton, 1929, was originally from Forrest City and mayhave been related to Charles W.Norton, who practiced there withhis son, Nathan.

The future generation includesDavid Orsini. son of DorothyOrsini Jones, 1938. Dorothy left thestate a number of years ago butDavid practices in Little Rock.Clyde Calliotte's daughter willsoon receive her license to practicelaw in Massachusetts. Judge Roy'sson, James Roy, practices inSpringdale, Arkansas. The youngest Daggett has already been mentioned.

The list of women who weremarried to lawyers is almost aslong. Ruth Brunson earned her lawdegree in 1941 then married andworked while her husband studiedlaw. Dorothy Howard, 1947, andNeva Talley-Morris, 1947, read forthe bar in their husbands' lawoffices.

Lily Carmichael received herlaw degree from the Arkansas LawSchool in Little Rock, then marriedthe dean, Judge J. H. Carmichael.She was named registrar of theschool and continued in that position until Judge Carmichael diedand the school was incorporatedinto the University of Arkansassystem.

Other women whose spouseswere or are lawyers are ElizabethGregg Young Huckaby, 1931,whose first husband was FederalDistrict Judge Gordon E. Young;Ruth Wassell Gibb, 1937, whosehusband was also mayor of LittleRock; Mabel Mahony, 1930, whomarried Emon Mahony and practiced with him in El Dorado; andMary Burt Nash, 1934, whose husband, Bill. is a partner in the RoseFirm.

Mary Bullion, 1940, is married toChancellor Bruce Bullion; BerniceParker Kizer, 1947, was married toa descendant of Ft. Smith's famousJudge Isaac C. Parker; MarianPenix, 1949, practices law with herhusband Bill Penix, in Jonesboro.Judge Roy practiced law for several years in Blytheville with herhusband, James.

So numerous are the family connections between male and female lawyers that one should becareful what one says. A chauvinist remark could be said to the

IS/Arkansas Lawyer/January 1985

father, son, spouse or brother of alawyer who happens to be female.

Close family connections between lawyers are not unique toArkansas. A study was made ofmen and women who graduatedfrom 108 accredited law schoolsduring the ten year period from1956 to 1965. One of the findingswas that 28% of the women and25.6% of the men had a parent,grandparent, uncle or aunt whowas a lawyer. 3

Varied EducationalBackgrounds

Qualifications for the license topractice changed drastically during these decades. When womenwere first qualified to practice.graduates of the law departmentat the University of Arkansas werenot required to take an examination. All others were "to be examined in open court ... "4 But therewere no minimum education requirements. In 1917 the General

Assembly invited the SupremeCourt to promulgate rules for theadmission to practice. 5 The rulesdid not provide for any exceptionsto examination until they were revised in 1927.' At that time lawgraduates of the University of Arkansas were again given thediploma privilege.

In 1949 the Supreme Court againrevised the rules to require that acandidate for the bar must complete at least two years of pre-lawstudy in a college approved by theBoard of Bar Examiners. In addition, they must complete 1250classroom hours in an approvedlaw school or study in a law officefor four years. The diploma privilege was thus revoked.'

The addition of education requirements may have had moreimpact on the men than thewomen. Ruth Vines remembersthat "most of the women [at theArkansas Law School in LittleRock] had some college but most ofthe men did not."

The women brought a variety of

I

Law partners of NAWL member•. distinguished speaker. Henry A. Gait. New York City. left.and Robert D. Hudson. Tulsa. at Arkansas Bar ASSD. midyear meeting. Shown also are GlendineHilL left. Little Rock Assn. Women Lawyers president and Neva Talley. NA WL president.

educational backgrounds to theprofession. Many were teachers.Some have masters degrees.Others prepared themselves to beindependent by taking businesscourses. Lois Dale. our first femalejudge, had an undergraduate degree from Lindenwood. a women'scollege in Missouri. and a lawdegree from Tulane.' Bessie Florence and Virginia Darden Moose.1921 admittees, had degrees fromVanderbilt. Ms. Florence also hada masters degree from that school.and a law degree from GeorgeWashington Law School.'

Other women studied closer tohome. Jean Woolfolk, 1947, earneda Bachelor of Science in BusinessAdministration from the University of Arkansas, at Fayetteville."Judge Bernice Kizer and MarianPenix received undergraduatedegrees and law degrees in Fayetteville." Neva Talley-Morrisearned her B.A. at Ouachita andlater a masters from the Universityof Texas.1:l

Judge Elsijane Trimble Roy anda few other women in addition toJudge Kizer and Marian Penixstudied law at the University ofArkansas in Fayetteville; but mostof them lived in Little Rock andtook advantage of the local institution, the Arkansas Law School.

Choosing Law:The Factor of EconomicsThey are not so different from

other women; and what they didwas not bizarre. They are responsible, intelligent individuals whofor one Teason or another wished tobe prepared to earn a living anddesired to practice an occupationthat would give rewards-monetary and otherwise-as well as achallenge. All of us have beenasked this question from time tolime, informally. Aurelle Burnside, 1921, who practiced for manyyears in El Dorado, answered it ina major address to the ArkansasBar Association at the 1936 annualmeeting. Her summary was eloquent and poetic:

"She is lured into the professionby her intellectual curiosityabout legal problems and judicial processes, the variedhuman interest which attachesto the work, its steady opportunity for growth, the wise perspective it offers, the constant men-

tal stimulus. training in values.the independent position in society it offers, and the fact that itfrequently opens a path to political and judicial honors and theopportunity for high public service. "13

An in-depth examination ofanyone's decision to qualify for thelaw practice would uncover acomplex combination of reasonsfor choosing the law. Numerousfactors influence one's careerchoice. Availability of role modelsis illustrated by the number ofwomen and men in law whoseclose relatives were lawyers.Economic conditions will alsoencourage one to upgrade skills.The number of women admitted topractice during these four decadesmirrors the unemployment chart.In the 1930s double digit unemployment coincides with the twoyears when we had double digitfemale enrollments. The farm depression of the early 1920s alsocoincides with a peak in femalesentering the legal profession."Although a statistician would notconsider the variance significant.

A study done in 1967 at the University of Michigan Law Schoolconfirmed the fact that womenenter the profession for economicreasons. The percentage of womenwho attended law school in orderto have a career with good remuneration exceeded that of the malesby a statistically significant margin. Other motivations for thiscareer choice were measured butthey were not reported." A varietyof reasons are given by Arkansaswomen.

At least one decided to be a law-

yer at a very young age. Judge Roycan't remember exactly when, butit was either the first or secondgrade. She planned her educationwith that goal in mind.

Neva Talley-Morris grew up inan extended family populated bycareer-oriented boys. and wasaccustomed to engaging in com-

Author's Note:The span of time covered in this

article overlaps some of the yearscovered by Frances Ross in the firstpart of this series. However, thesubjects are different: thereforerepetition is minimal.

Much of the material presentedin this article was learned frominterviews with Judge ElsijaneTrimble Roy, Ruth Husky Brunson,Ruth Dexter Vines, Dorothy Howard, Neva Talley-Morris, andClyde Calliotte. These womengraciously opened their files andtheir memories to assist in thisproject. Although a few of the factsare within my own memory. Icouldnot have written the paper withouttheir help. To avoid the complexities of endnote references to theirstatements of facts the author takesall responsibility for error oromission.

Editor's Note: Jacqueline S.Wright has been the Arkansas Supreme Court librarian sinceNovember J. 1979. She served as alaw clerk to Judge Elsijane T. Royin 1979. Her publications includethe Handbook for Appellate Advocacy in the Arkansas SupremeCourt and Court of Appeals, 1980and Supreme Court Rules Manual,1980.


Women Admittedto the Bar-1918 to 1959

No. Women PercentYear Admitted Unemployed1918 I 1.41919 2 1.41920 7 5.21921 5 11.71922 I 6.71923 0 2.41924 4 5.1925 4 3.21926 7 1.81927 8 3.31928 7 4.21929 5 3.21930 5 8.71931 3 15.91932 12 23.61933 8 24.91934 5 21.71935 13 20.11936 0 16.91937 6 14.31938 6 19.1939 1 17.21940 4 14.61941 2 9.91942 2 4.71943 2 1.91944 0 1.21945 1 1.91946 2 3.91947 6 3.91948 3 3.81949 2 5.91950 2 5.31951 6 3.31952 0 3.01953 4 2.91954 0 5.51955 3 4.41956 I 4.11957 0 4.31958 0 6.81959 0 5.5

petition. She won the cup in astatewide geometry contest.majored in math in college, thentaught school. She advanced hercareer in education by earning amasters degree in school administration which qualified her to bea public school principal whenmost who filled these positionswere men.

A career in law was seriouslyconsidered when she finishedcollege hut was not pursued untilfifteen years later when she movedto Little Rock and married a lawyer.

Ruth Husky Brunson learned thelaw so she could "save the world."It didn't enter her mind that shecould improve her economic position. She believed that there wassomething important waiting for


her to do and she wanted to beprepared. And there was. She hasbuilt an institution-the U.A.L.R.School of Law Library.

Clyde Calliotte wanted to dosomething more with her life thanbe a secretary. Law was the bestoption that was available to her. Ithas given her the opportunity to domany interesting things.

Ruth Dexter Vines wanted toearn a better living for her children. As a girl she was taught that"every tub sits on its own bottom."so she took business courses before she left home to seek her fortune. But the skills she learned didnot allow her to make enough tosupport her children when she wasleft alone. She knew she neededan education to get a better payingjob so she enrolled in the ArkansasLaw School. She never aspired tobe a trial lawyer but perceived lawto be a discipline that wouldqualify her for any field of endeavor that she wished to pursue.

A false start as a music teacherled Effie Combs first to a number ofsecretarial positions and sometemporary jobs, then to the Attorney General's office where shewas the warrant clerk. When MaryMeasler, her friend and housemate, and a legal secretary,decided to study law Effie liked theidea and joined her. 16

All of these women are interesting individuals. They are differentfrom the norm because they hadthe courage and tenacity to enter amale-dominated profession. Yetthey are not unlike others of theireducational and intellectual levels. A study of the career plans of agroup of college women showedno significant difference betweenthe women who chose careers inmale-dominated professions andthe others in the group. Among thepersonality variables measuredwere relationships with parents,dating frequencies, and participation in extra-curricular activities. 17

They were a handsome group.An early chronicler of women'scareers noticed that "[m]any,many of them are young-andmany of them are good-looking,and many, many of them practicewith their husbands."" The description fits a photograph of theLittle Rock Association of WomenLawyers. Included are sixteen of

Arkansas' best attorneys and threecourt clerks who were welcomedas associate members. Each couldhave been outfitted by the writer ofDress for Success.

They were friends as well ascolleagues. They banded togetheras a support group and welcomednew members with an annual dinner. Neva Talley-Morris explained: "We were not competitivewith each othe:. We helped oneanother." The beginnings of a"good-old-girl" network was partlyresponsible for Mary Burt Nashbeing appointed Pulaski County'sfirst Juvenile Court referee.

In conclusion, the woman lawyer in Arkansas is a member of thelaw family, is well educated,entered the profession for soundreason and is, all-in-all, someoneto be proud of. 0

FOOTNOTESL Robert R. Wright. "The Daggetts of East

ern Arkansas." The Arkansas Lawyer. 18(October, 1984), 172.

l "Senior Class of 1929," Ark-Law. 1930.3 James J. White, "Women in the Law."

Michigan Law Review 65 (ApriL 1967).1051.

• 1873 Ark. Acts. no. 88; Gantt's Digest. ~§

450-451.5 Act. March 28.1917. p. 1786 § 1; Crawford

& Moses § 596-599 (1921).• Act 199 ot 1927, § p. 673., Rules of the Supreme Court of the State

of Arkansas. September. 1954, p. 5.I "In Memoriam," Proceedings of the

Thirty-Eighth Annual Session of the BarAssociation of Arkansas. 1935.pp. 283-284.

I "Memorial-Bessie Newsom Florence,"filed Nov. IS, 1971. Supreme Court Clerk.

La "Members Added to UALR Board." Arkansas Democrat. Saturday. May 25.1974, p. 9A.

II "New Chancellor Hopes Win EncouragesOther Women." Arkansas Gazette, Sunday. June 23. 1974. p. 22A.

II "Neva B. Talley." Who is Who in Arkansas, vol. I, (1959), 223-224.

l] Aurelle Burnside. "The Woman Lawyer-Why?" Proceedings of the Thirtyninth Annual Session of the Bar Association of Arkansas, (936). 141-146.

U These figures were compiled from theDirectory of Women Lawyers in Arkansas. January. 1979. and the United StatesCensus.

L5 White. 1069-70. 1118.II Thomas Allen Bruce. "Southern Kins

woman: Effie Elizabeth Combs," PulaskiCounty Historical Review. 29 (Summer.1981); 35-43.

" Elizabeth M. Almquist and Shirley S.Angrist. "Career Salience and Atypicality of Occupational Choice AmongCollege Women." Journal 01 Marriageand the Family. 32 (May. 1970); 242-249.

II Inez Irwin. Angels and Amazons. AHundred Years of American Women.quoting Alice Ames Winter in The Heritage 01 Women. (Garden City. NY:Doubleday, 1933), 301-302.

,

Profiles

A Precedent Setting Career

Judge Elsijane Trimble Roy

Breakingthe

Barriers

By Ruth Williams

When things get tough for JudgeElsijane Trimble Roy a quickglance across the courtroom letsher know she's not alone. On thewall opposite her bench hangs aphotograph of her father, the lateJudge Thomas C. Trimble, who occupied the same room more than28 years ago.

Perhaps columnist ErnestDumas, with the Arkansas Gazette, described her backgroundbest when writing that "she camefrom a family steeped in jurisprudence."

Judge Roy's father served on thebench from 1937 to 1956, as a district judge and later chief judge forthe Eastern District. Her grandfather was active in the Trimble,Robinson & Trimble firm in Lonokeuntil his late 80's and her mother'sfather, though not an attorney,was active in law enforcement asa United States marshal. Her uncleis the late Senator Joe T. Robinsonof the Trimble, Robinson & Trimblelaw firm.

"When I was a little girl, up untilI was in the fourth grade, I wantedto be an aviatrix. Then, after that. Idecided that I wanted to be a law-

yer and I never changed my mindfrom the fourth grade," Judge Roy,a Lonoke native said. "I justwanted to be a lawyer."

In 1939, Judge Roy, now U. S. District judge for the Eastern andWestern Districts of Arkansas,achieved her goal and was admilled to the Arkansas bar. Shewas the only woman in her graduating class.

"My first year, there were threewomen in my class. The other twodropped out after the first year, butno professor, no individual evertold me I couldn't be a lawyer," shesaid. "If you've got a father. agrandfather, and even furtherback, a greatgrandfather in law,then you're going to think thatway."

She recently sat at her desk inher chambers, dressed in red jacket. tie and brown slacks, surrounded by mementos of theaccomplishments of her life. Family photographs abound, as doplaques commemorating themany barriers she has broken forwomen in Arkansas.

The items behind her desk include a plaque marking her 1966appointment as circuit courtjudge, of the sixth judicial district.by Governor Orval E. Faubuswhen she became, at age 50, the

state's first woman circuit judge.Across the room, another first forwomen is Governor David Pryor'scommission naming her to theArkansas Supreme Court in 1975.In 1977, she became the firstwoman Iederal judge in Arkansaswhen President Jimmy Carternamed her to the bench for theEastern and Western Districts. Atthat time, she was the sixthwoman sitting as a federal districtjudge and was strongly backed bySenators Dale Bumpers and JohnL. McClellan.

Judge Roy was born and rearedin Lonoke, and, after receiving herlaw degree, she practiced there ashort time. In 1940, she becameassociated with the firm of Rose,Loughborough, Dobyns & House inLittle Rock. After the War, sheassociated with the firm of Reid,Evrard and Roy in Blytheville andwent into practice with her husband in the firm of Roy & Roy in1954. She was serving as a lawclerk to Supreme Court Justice J.Frank Holt when named a circuitcourt judge by Gov. Faubus.

"When Gov. Faubus called me tocome to his office, I said, 'Well,aren't you sort of brave? You don'teven know me.' I'd never even metGov. Faubus. I had campaignedagainst him in the Hardin campaign. (Joe C. Hardin, of Grady,opposed Faubus in the 1960 Democratic primary.) No one could havebeen more shocked when Gov.Faubus called me," she said.

Judge Roy points out that herappointments are from variouspolitical spectrums.

"On the one side, I have anappointment from Orval Faubusand on the other, one from WinRockefeller and who could havetwo more divergent governorsappoint you to positions," shesaid. (Rockefeller named JudgeRoy in 1967 to the ConstitutionalRevision Study Commission.)

It took faith, luck, good friendsand professional loyalty and dedication for her to succeed, she said,


Photo by John Cary

Surrounded by family photographs and plaques marking the many barriers she has broken for women in Arkansas.Judge EJsijane Trimble Roy sees the federal bench as her 'last plateau." A "born again. deep water. loud-shoutingBaptist." she said this is "what the Lord wants me to be."

adding that she had never askedfor any of her appointments and ineach case had been called "out ofthe clear bl ue sky,"

She has never run for publicoffice and has a reputation for"meticulous research and crispopinions" and. according toDumas of the Gazelle. her ap-


pointment to the Supreme Courtwas "the most uniformly praised inthe legal fraternity, where Mrs,Roy is esteemed for her intellectand her singular background forthe job,"

Prior to being appointed to theArkansas Supreme Court she wasan assistant state attorney general

and. later. was senior law clerk toU.S. District Court Judge Paul X.Williams. She said she thoughtshe had reached her last plateauas Judge Williams' law clerk.

"I took two senior law schoolstudents to lunch and told them,'Well. now. you girls, the world'sopen to you. You're following

We do more than print the lawwe put it into perspective...

crnsos Razorbacks. swimming,and playing kick ball and t-ballwith her grandson, Tommy. "Hethinks I'm his age and its just alittle difficult at 68 to keep up witha seven-year-old," she said. Shedescribes her granddaughter,Allyson, as a "beautifuL lovely,sweet. intelligent lady" of nineyears, and her son Jimmy as an"outstanding" Springdale attorney.

"About two years ago, they wereat my house and Tommy picked upmy father's gavel which he used onthe bench for 20 years and startedwaving it around. Jimmy went overand explained to him what it was.By that time Allyson was holdingthe gavel and looking at it and 1said, 'Maybe Allyson will want tobe a judge some day,' She said,'No way, I'm going to be a nurse ora teacher.' Tommy immediatelygrabbed the gavel and said, 'I'll bethe judge.' "

"I think one of them will go intolaw." Judge Roy said.

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and 1 know one question they'regoing to ask. You want me to tellyou what it is?'

"I said, 'Yes sir, I'll think of agood answer.'

" 'WelL they're going to ask youif you're a born again Baptist.' and1replied, 'Well Senator, 1 have theperfect answer to that. I'll say,'Yes, indeed. I'm a born again,deep water, loud-shouting Baptist,' " she said.

She added, "I think that thesedoors have opened because this iswhat the Lord wants me to be,"

On the issue of judicial selection, Judge Roy said, ''I'm not concerned about any major changesin the manner in which they (federal judges) are selected."

This appointment is her "lastplateau," she said. "I hope to do aswell as 1can right where I am. It's alifetime appointment. unless JudyPetty and Tommy Robinson get itchanged."

Her free time is spent collectingmusic boxes, rooting for the Ark-

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along 20 to 30 years after my timein law school and you can just doanything you want. Now, I'm satisfied with my job and JudgeWilliams wants me to stay withhim as long as he's judge and 1amgoing to stay and don't expect to doany great things. But. I'm expecting you two girls to do greatthings," she said. The next weekshe was appointed to the SupremeCourt.

"It may be more difficult for awoman to succeed." she said, "butthe same requisites apply for bothmen and women." She named enthusiasm, enjoyment of your job,hard work and luck. "I think 1 waslucky," she said.

Judge Roy considers herselfneither a "booster nor detractor" ofthe women's liberation movement.She is "certainly for equal opportunity" and thought the EqualRights Amendment would pass inArkansas.

"I attributed that loss to thewomen of Arkansas and not to themen. It was defeated by PhyllisShaney and the women that lobbied against it and 1think that theyare misguided. It means exactlywhat it says-no more, no less.And, all it says is that all citizensshall have equal rights and appropriate laws will be enacted to seethat they do," she said.

Of her success, Judge Roy said,"The Lord has blessed me richly. 1just think that I've had the mostwonderful opportunities."

Roy recalled her confirmationhearing before the U.S. Senate onbeing appointed to the federalbench.

"You know in the campaign, EdBethune (Republican senatorialcandidate in the 1984 general election) made an issue of the fact thatjudges should be asked questionsand so forth and stated that wasthe method which Sen. McClellanfollowed. 1 was talking to one ofthe other iudges who was namedwhen Sec{: McClellan was in theSenate, and we both agreed thatSen. McClellan never asked eitherone of us a question. However,when 1 was in his ollice prior toappearing before the Senate Committee, he said, 'Elsijane, they'regoing to ask you some questions


Ruth Husky Brunson

Dreamto Accreditation

Buildingfrom a

the seventh grade and the peoplewith whom I'm associated havebroader horizons than from Lonoketo Benton,' " she said,

Personnel people told her she'dnever find that job because shewas "too old,"

"I was too educated and I had toomuch experience," she said, "Ialmost educated myself out ofArkansas as it was."

Her first struggle was to becomea lawyer. a profession she strovefor long before her enrollment innight classes at the Arkansas LawSchool in Little Rock,

A native of Prescott, Mrs, Brunson received an Associate ArtsDegree in 1935 from Central College in Conway and sought work,

"I did what all ladies did at thattime, I taught schooL" she said.She recalls one student by thename of Will Carl.

"He came to school one day andsaid, 'Mrs. Husky, I ain't got my'rithmetic because I ain't got nopencil to get it with.' And, I decided I could never teach them."she said.

Her father was known as "aleader of the community in thefarm program," and her mother,selected master farm homemakerone year. acted as county "nurse.visiting the sick with the area'scountry doctor,

'Td hear her tales that this is oldlady so and so's last day, probably. I just couldn't stand thethought of that so I knew I couldn'tdo anything for humanity thatway," she said, "I couldn't standthe sight of blood."

However, "I thought if I could goto law school I might could dosomething for my fellow man," shesaid. "I thought maybe I wouldeither learn to draft laws to bepassed, be influential enough toget them passed or perhaps interpret the law so that we could all dobetter."

Her father "gave me a little lecture that girls don't go to lawschooL" she said, Her brother hadjust come home from the Univer-

"And, I said, 'I don't give a hootin hell who you are, or where youcame from. I've got to shelve thesebooks.'

"Well, that guy turned out to beone of the best friends we everhad. He sold us books, he sent usinvoices that were not dated andwhen we would get money at theend of a fiscal year, we would datethe invoices, send him a copy andpay him," she said.

Mrs. Brunson took the job as lawlibrarian at the UALR-PulaskiCounty Law Library in 1965. Shehad graduated from law school 24years earlier, was 49 years old, awidow and the sole support of hermother, Ollie.

Her husband, John, also anattorney, had died in Charlottesville, Va.. at the close of nearly 10years of military service.

"My mother and I decided tocome hack to Arkansas becausewe were two widows. and, thatafter all, is home and that's wherefamily is. When I went around trying to get a job, people said, 'Whatdo you want?' I said, 'I want a jobwhere the premises are attractive,the level of conversation is above

She shelved the first book andnow, 20 years later, an institutionstands with 100,000 books and microfilm to her credit. Ruth HuskyBrunson sees a dream fulfilledan accredited law school standson the University of Arkansas atLittle Rock campus.

"I begged, I took books from anybody that would give them to us,we bought books from a bookdealer. Do you understand what itmeans for someone to carry yourdebt?" she said.

A smile crosses her face as sherecalls a book dealer who came tovisit her one day.

"He came when I was shelvingbooks from the Pulaski CountyLaw Library over into the GayBuilding and somebody else hadmade the appointment for me.And, he kept saying, 'I'm so and soand so and so, I have an appointment with you.'

"I said, 'I'm sorry, sir, but I havesome help today to help me shelvebooks and they won't be here tomorrow so we've got to go do it.We've got to go shelve.'

"And, he said, 'But, I told you,I'm from so and so.'


-

Photo by John Cary

As one of four women in her entering class at the Arkansas Law SchooL Ruth Husky Brunson was not welcome, butshe persevered. "You're hooked if that's where you belong. It's a field that's never ending. And. you're not going toleave it because you're going to stay in there and fight," she said. Alter a 20 year career at the University of Arkansasat Little Rock Law Library. a glance at the Brunson Post. to her left. lets Mrs. Brunson know her light has made adifference.

sity of Arkansas at Fayettevillebelieving in evolution and "daddythought that Fayetteville was noplace for his daughter."

Instead, he encouraged her toattend the Draughons School ofBusiness in Little Rock and she reoceived a General Business Certificate from there in 1938.

"Before I got out of Draughons Ihad made a deal with Judge Carmichael (dean of Arkansas LawSchool) to work part-time in his

office for part of my tuition," shesaid.

She was one of four women inher class and not welcome at thelaw school. "The fellows let meknow from the beginning that Iwas not welcome."

With one fellow student shelearned to "stand up flat· footedand spell out the words for s.o.b.and called him that."

But, she persevered. "You'rehooked if that's where you belong.

It's a field that's never ending.And, you're not going to leave itbecause you're going to stay inthere and light." she said.

She graduated in 1941 withhonors. But. she had obtained adegree from an unaccredited lawschool. Whether she knew it at thetime or not, a second struggle wasunderway.

She married John during WorldWar II. When he got out of theArmy and wanted to go to law

January t985/Arkansas Lawyer/25

school, she persuaded him toattend the U of A at Fayettevillecampus---an accredited school.

"WelL where do you suppose Iworked" while he was in school? "Iworked as Dean Lenar's secretarybecause there was no place for awoman lawyer," she said. "I was agood secretary and I loved andadmired Dean Lenar."

In 1950, she and John set up theBrunson & Brunson law firm inPrescott. Soon after, he was calledto the military.

John died in 1959 and she returned to Little Rock with Ollie,where she held different jobs unrelated to law. In 1961, she was hiredas a law clerk to Arkansas Supreme Court Justice Paul Ward.

"The nicest thing that JudgeWard ever said to me when Iworked for him is. 'Now, you'rethinking like a man.' Not, 'Nowyou're thinking like a lawyer.''Now, you're thinking like aman.' .. she said.

She was offered a job to work asthe dean's secretary at the U of Anight law school campus in LittleRock and turned it down becausethe salary was low. Then, in 1965,when the law librarian for theLittle Rock campus did not showup for work, she was called again.This time with an offer of moremoney.

"I took it for more money, and, Iwanted there to be an accreditedlaw school in Little Rock." shesaid. "That's why I have worked sohard. As a woman, I still make lessmoney.

Mrs. Brunson began as one ofthe library's first three employees.Today, there are 12. The library isa joint venture between thePulaski County Bar Associationand the UALR School of Law. Thetwo operate as one library.

"It's the Pulaski County Law Library that made our school possible," she said.

"What the lawyers in Little Rocksaid, 'If you'll build an accreditedlaw school-let us phase out theArkansas Law School-then we

26/Arkansas Lawyer/lanuary 1985

will spend our fee money onbooks.' " she said.

More than 100,000 books andmicrofilm belong to the UALR LawSchool library. The Pulaski CountyLaw Library Fund pays rent to theArkansas Bar Foundation for itspart. And, between 30,000 to 40,000books, nearly all the cassettetapes, the library tables, shelvingand some office furnishings belong to the Pulaski County LawLibrary.

The Governor's Quality HigherEducation Study Committee hasproposed that out-of-state expertssurvey the law school situation inArkansas to ascertain the need fortwo campuses. The Arkansas BarAssociation's Law School Committee is also studying the situation atthe request of the U of A Board ofTrustees.

The law school's future is a problem which concerns her. "I just askeverybody, 'Please don't get meinto the fight between the lawschools. And, I do think there is aplace for both. But. there's going tohave to be better provisions,money-wise." she said. "I thinkthere is a place for a law school inLittle Rock so long as people aregoing to have to work and go tonight school."

A second problem she said, isthat appropriations have not keptup with the price of books and shefears "we'll be one of the first libraries to experience bankruptcy."

"We don't know how long theaccreditation people will go alongwith our sad story, 'Arkansas ispoor.' Now, apparently, Arkansasis not poor. Because, I understandthere is a lot of money here. Tallbuildings are being built andmoney is being made. But, it is notflowing into the law school." shesaid.

She proudly adds, however, that"Nobody (at the UALR School ofLaw) will have to apologize fortheir degree."

Mrs. Brunson's law library training came from seminars held bythe American Association of Law

Libraries and "I learned as I went."For the seminars, "we read formonths and months, went toschool all week, and studied cataloging, management, acquisitions, legal bibliography, civillaw," she said. Between 1965 and1972, she received four certificatesfrom the AALL. In 1976, she received law librarian certificationfrom the Association.

During the 10 years that Mrs.Brunson taught Legal Bibliography at the UALR School of Law, shekept her eye on the number offemales in her classes, watchingfor female enrollment figures toincrease.

"I know when I would teach, mymother would say, 'How manyblack students do you have?' And,I would say, 'I don't know but I cantell you how many girls I have.' "

The number did increase, especially over the last ten years.

"We'd go to women lawyers(meetings) and the women wouldsay, 'How many do we have thisyear?' and I know we were so excited to have as many as three."she said. (The 1984 entering classat the law school is 52 percentfemale to 48 percent male.)

She recalls one female graduatewho told her she would have quit"many a time" but she kept sayingto herself. "Mrs. Brunson won't letme."

Standing somewhat regal in thelaw library is the "Brunson Post."On it are several awards, including the John H. Brunson MemorialAward, given each year to the person who has contributed the mostlime to the UALR Law Review. Alsoon the post are a special Award ofMerit from the Pulaski County BarAssociation to Mrs. Brunson for herexemplary service to the legal profession and the community, anaward recognizing her outstanding lawyer-service from the Association and Arkansas Bar Foundation, and an Outstanding AlumnusAward from the UALR School ofLaw.

''I'm not sure that with all my

efforts I've made any difference. Ilook at that post and I guess I did,"she said.

On July I. 1986, she will retire atage 70, with 21 years of service tothe law library.

She looks back, when asked howthe library grew and remembers:"There used to be a cafeteria in theWorthen Bank Building where allthe faculty used to eat ...There's alittle area out around there thathas shrubs built where peoplesometimes sit on the concrete andwe were coming out and there wasthe Arkansas Democrat. I lookedall around, nobody was there, andI picked it up.'

"Dean Walsh said, 'What areyou gonna do with that Democrat.'"And, I said, 'I'm gonna take itback and put it in the library.'

"He said, 'Ruth, is that the wayyou've built the library?'

"And, I said, 'Yes.' " 0

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•Hoe squad under armed guard on horseback at Cummins Unit.


•

By Gary Speed

ExpandedProbationServices:

Viable Alternativeto State's Prisons


probation in the state. Moreimportantly, it is hoped that therecidivist rate for offenders will besubstantially reduced and that theprobationers will return topeaceful. productive lives.

Act 151 created the ArkansasAdult Probation Commission tosupervise a statewide probationsystem. The AAPC hasconsolidated all probationservices previously conductedfrom a variety of sources in thevarious judicial districts across thestate. It has also expanded theavailability of probation servicesinto areas where they had notpreviously been available. Ithopes to cover the entire statesoon.

The AAPC consists of fivecriminal circuit judges and fourprivate citizens, appointed by theGovernor and confirmed by theSenate. Presently, the membersare Judge Randall Williams ofPine Bluff, chairman; Judge JohnLangston of Little Rock; JudgeHugh Lookadoo of Arkadelphia;

Gary Speed is an associate withthe Rose Law firm. He is a formerlaw clerk for federal JudgeWilliam R. Overton and is a formernewspaper photographer.

A motorist traveling a remotehighway in Faulkner Countypasses a string of persons carryingtrash bags, combing the ditchesfor paper, cans and bottles. Thepersons range in ages from about17 to mid-50s. Most are whitemales, averaging about 25, give ortake five years. Several arefemale. The motorist mayappreciate the fact that thehighway is cleaner but probablydoesn't realize how much taxmoney is being saved by the crew.The savings come not onlybecause the crew is not paid, butbecause the state is not having topay to keep them in prison. Theyare on probation.

The Arkansas prison system hasexperienced continuous pressuresin the past decade from anever-growing prison populationand spiraling costs. A studysponsored by the ArkansasAssociation for CommunityImprovement. a non-profitorganization, and directed byLinda J. McGarity of Little Rock,convinced the Arkansas GeneralAssembly to pass Act 151 of 1983[Ark. Stat. Ann. §42-l30l et seq(Supp. 1983)j which is helping torelieve these pressures throughexpanded use of supervised

Photo by Gary Speed

Probation "clients" in Conway ride city truck to trash pick up location as part of community service work.

3D/Arkansas LawyerlJanuary 1985

Hoe squad cleaning ditch at Cummins Unit, ADC.Photo by Gary Speed

Judge Cecil Tedder of Searcy;Judge Mahlon Gibson ofFayetteville; Michael O'Brien ofJacksonville, vice chairman;Lucretia McDonald of Blytheville,secretary; James Haddock of LakeVillage; and Rev. David Stewart ofMount Nebo. McGarity is nowexecutive director of thecommission.

Judge Randall Williams notedrecently that probation services inhis district and the rest of the statewere only "piecemeal" prior to theAAPC assuming responsibility onApril I. 1984. The ArkansasDepartment of Correctionsassigned parole officers whoperformed some probationservices in Pine Bluff and JudicialDistrict 11 W, along with a fewother areas of the state. The PineBlull Junior League assisted withits Volunteers in Courts program.In other areas, probation ollicerswere hired by the judicial circuitsor by the counties. Many areas hadnone.

Judge Williams explained thatprobationers may avoid the taint ofbeing a convicted felon. They mayhave their criminal recordsexpunged without being branded

for life. They can be rehabilitatedand put back on the "right track." Ifthey fail. probation can be revokedby proof of a violation by apreponderance of the evidenceand the originally availablesentence imposed. He also notedthe danger which existed in hisdistrict where parole officersdoubled as probation officers. Hesaid probationers and paroleesare very dillerent and require verydillerent approaches by theirsupervisors. Mixing the twoaround the same location was alsoundesirable. The ADC ceased allprobation services July I, 1984.

Persons sen tenced to probationare primarily first offenders ofnon-violent crimes. Conditions ofprobation vary among districtsand probationers. Generally, theprobationer or "client" (thepreferred term used by theprobation officers) must agree tonot violate any law, to notassociate with any known felon, tonot abuse drugs or alcohol. to notpossess any firearm, to support hisdependents, to remain employedor to obtain the training oreducation to become employed, toremain in the area and to

cooperate and communicateregularly with his probationollicer. A monthly probation feemay be required, generallyranging 510-15. Restitution to thevictim is required. If an attorneywas appointed to represent thedefendant, the client may berequired to pay his fees. Paymentof a fine and court costs may alsobe required. The term of probationis generally three years. but mayvary from one to ten.

Some judges and probationofficers require communityservice. especially if theprobationer is unemployed. JudgeWilliams said his probationerswork for numerous agenciesaround Pine Blull-the firedepartment. civic center.convention center and Universityof Arkansas at Pine Bluff. JudgeGeorge Hartje of Conway alsorequires extensive communityservice from probationers.Probation officer Nan Barrett ofConway said most probationersare required to serve 26 to 52 daysof community service. The timecan be worked off all at once or oneday a week. Most participate in theSaturday work crews.

lanuary 1985/Arkansas Lawyer/31

Probation in ArkansasA Comparative Analysis

In 1983. 2.171 offenders were received by the ArkansasDepartment of Corrections. If only 10"10 of the 2.171 offendershad alternatively been sentenced to probation the economicimpact would have been significant:

Study

The Arkansas Association forCommunity Improvement wascreated to study probation systemsin other states to develop aproposal for the Arkansaslegislature. McGarity. a formerprobation officer. studied systemsin Texas. Illinois. Georgia andPennsylvania. Some states placeprobation services under the directsupervision of the local courts.others under the state supremecourt and others under thedepartment of corrections.McGarity's proposal to thelegislature suggested that thestate needed a statewidemechanism for funding andinsuring uniform standards. butwhich gave the courts a highdegree of local autonomy. Alterpresentations to the LegislativeCouncil by representatives of thefour states. the AAPC wasmodeled alter the Texas probationsystem.

The stated purposes of Act 151are "to make probation servicesavailable throughout the State. toimprove the effectiveness ofprobation services. to providealternatives to incarceration byproviding financial aid to judicialdistricts for the establishment andimprovement of probation servicesand community based correctionalprograms and facilities other thanjails and prisons. and to establishuniform probation administrationstandards."

The AAPC is supervising about5.000 clients presently. Another10.000 persons are onunsupervised probation orreceived suspended impositions ofsentences. The AAPC is fundingsalaries for 32 probation officersand supervising another 15 fundedby various counties. TheCommission began operating withabout $700.000. It will spend about$274.000 for probation officersalaries in 1984.

The AAPC estimates that 6.980persons will be on supervisedprobation by June. 1985. and thatthis will grow to about 33.200persons in four years beforeequalizing. It anticipates 210probation officers will then berequired. Presently. each officerhandles about 150 cases.


Direct Prison Cost217 offenders at $25.00per day x 365 days(A very conservative figure whichdoes not reflect inter-agencybudget transfers tothe D.O.C.) = $1.980.125.00Direct Probation Cost217 offenders at $1.00 per dayx 365 days = $ 79.205.00Direct CostDifferential $1.900.920.00

If only 20% of these 217 offenders(20"Iox217=43). who were employedand supporting dependents at thetime of their incarceration. couldhave remained in the community.

Goods 81 Services Not Purchased43 breadwinners at $7.000.00 peryear = $301.000.00

Income Taxes Not PaidIncome Taxes Not Paid On ThatIncome at approx. 2% of Total(Sales tax on the expendableportion of this income would alsobe significant) = $ 6.020.00

Figures accumulated by theAAPC indicate that Arkansas hasthe highest proportion of propertycriminals to violent criminals in itsprison population of any state.Property offenders exceed violentcriminals three to one. The 1981national average of adultssentenced to probation was 63percent while in Arkansas only33.5 percent received probation.Arkansas sent 29.4 percent of itsconvicted criminals to prison.while the national average wasonly 18 percent.

EconomicsEconomics is a real selling point

for expanded probation. McGarity

Entitlements PaidPossibly the most costly

consequence of sending anoffender with a family to prison isthe Public Service entitlementsthat the family becomesimmediately eligible for.Various entitlements totaling$4.000.00 per family per year.at 43 families - $172.000.00

Community ServiceAs a condition of probation.

offenders are required to repay thecommunities they have violatedagainst in the form of communityservice.

At 20 hours of work per year. a veryconservative amount. for the 217hypothetical offenders. itseconomic value to thecommunities, at minimum wage,would total over = $14.750.00 0

said probation services cost about$1 per day per clien!. The cost ofincarceration estimated by theArkansas Department ofCorrections for fiscal year 1982-83was$20.86 per day foran inmate inprison. Additional costs to societyinclude the loss of taxes. the cost ofwelfare and other social programsfor dependents. the loss ofproductivity in the economy andthe loss of fines. restitution andlegal costs.

The AAPC estimates thatArkansas would save$11.5 milliona year in direct institutional costsif its probation. parole andincarceration figures matched the

Photo by Go'}' Speed

national averages. Arkansaswould have 3,333 more persons onprobation and that many less inprison, jail or on parole. Indetermining this amount. itcomputed the cost of probation at$0.95 per day, parole at $ I. prisonat $19.86 and jail at $20.

CreativityJudges and probation officers

have been developing creativeideas lor probation. Communityservice is a prime example. InConway, probation officers Greg

Phifer and Nan Barrett have usedthe probation labor force to assistsetting up a local charityfund-raising bazaar, to pick uptrash, to cut brush around LakeBeaverfork and to move bleachersfor a local rodeo. The trashcleanup crews have workedHighway 64 from Conway toVilonia and Highway 36 to theWhite County line.

"Everyone is very aware ot thecrew and the work we do," saidBarrett. "We have gotten a lot of

lavorable publicity."

Probation officers confront avariety of personal problems wi ththeir clients. They try to help solvethe problems by helping them findjobs, get education or counseling.The Hot Springs Literacy Councilis beginning a program to assistGarland County probation clientswith reading skills, according toMcGarity. Probation officers helparrange drug and alcohol abusetreatment counseling throughlocal mental health centers. Some

January 1985/Arkan.as Lawyer/33

Parole25.S'\,

Probation33.5%

Prison29.4%

Arkansas: Slate. Regional and Local Totals

ADULTS UNDER CORRECTIONALSUPERVISION, YEAREND 1981

Photo by Gary Speed

Probation63%

Prison18%

The Nation: federal, Stale and Local Totals

are taking special efforts to findjobs for clients. For example, HarryWhitted, a probation officer fromOsceola, has begun a program todevelop employmentopportunities for clients in Clay.Greene, Craighead, Poinsett,Mississippi and Crittendencounties where unemployment ishigh.

SuccessThe ultimate goal of probation is

to make the client a productive,law-abiding citizen. JudgeWilliams said his recidivism ratewith Pine Bluff probationers wasonly about five percent. Statewide,he estimated it to be about tenpercent.

"Probation is not for everyone,"said McGarity, "but it is a way toweed out the ones we can workwith. Supervision minimizes therisks for the judges and makes iteasier for them to give someoneprobation. If you see the personback on the street. doing what he'salways been doing, then you don'tlike it. It gives probation a badname. We're trying to change thatby doing our job." 0


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ARKANSAS_LOCATION OF EXISTING

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O-LOCATION OF NEW AAPCPROBATION OFFICERS

.-LOCATION OF AAPC PROJECTS

BBO6,98Q.

Having tentatively establishedthat probation will be utilized as asentencing alternative in thefuture, the next point is todetermine what thIS option willhave on the criminal justicesystem in Arkansas.

Biennium 1986/1987:

Based upon a recent ArkansasAdult Probation Commission fieldsurvey, it has been forecasted thatby late June, 1985 there will beapproximately 6,980 individualson circuit level probationcaseloads:

I) Old circuit level probationcases which will haveyet expired 4. 400

2i New probatIOn cases addedsince the A.A.P.C."screation 1_. 700

3) Probation cases transferredto circuit depts_.from OOC

Total

With the 46 circuit levelprobation officers currentlyemployed in the state, the averagecaseload will be approximately150 cases per officer. A figurewhich is at the higher range of amanageable case load.

Given the state's population andthe number of felony informationsflIed in Arkansas circuit courtseach year, it is possible tocalculate that approximately 8,300new cases could be added to theprobation caseloads each year.Given an average sentence toprobation of four (41 years, the statecaseload would eventually reachequilibrium at approximately33,200 cases. However. until thestate reached its probation officermanning ceiling of approximately210 officers, caseloads will belimited by the number of officersthere will be to supervise them.


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36/AIkansas Lawyerflanuary 1985

Generations in the Law:A Series

David M. ("Mac") Glover. of theGlover & Glover law firm in Malvern. is chair of the Arkansas BarAssociation's Executive Council.What are his "legal antecedents?"

Let's go back to the last century.On January 18. 1868. David D.Glover. Mac's grandfather. wasborn on a farm in Grant County.He was educated in the Arkansaspublic schools and taught schoolfor the first ten years of his adultlife. After that. he became a merchant. but after a short period inthis endeavor. he decided to be-

Correction:The following passage was omitted

from the article by Robert R. Wright on"The Daggetts of Eastern Arkansas"which appeared in the October. 1984.issue of The Arkansas Lawyer. Weapologize for the editing mistakewhich resulted in the omission 01 thearticle's final paragraph. which reads:

"To date. there have been no Dog·gett governors and no evidence of anydesire by any of them to be governor.Thus. Old Stonehill may rest assured.that the lawyers Daggett are not possessed of 'little ambition.' but indeedare 'famous pleaders' and advocates.As such. they have-like the mythicallawyer Daggett, the champion ofMattie Ross. in True Grit-faithfullyserved their clients and the legal profession as they will doubtless continue to do in the years to come."

come the first lawyer ever in theGlover family. After reading thelaw" intensively at work and athome. he appeared before JudgeW. H. Evans and Colonel E. H.Vance in Hot Springs for an oralexamination. Near the end of theinterview. Colonel Vance said."There is one final question that Ideem important. If we license youand you are in your office and aclient states facts which you considered a valid case. what wouldyou do first?" David D. Gloverdidn't hesitate-he replied. ''I'dask him about the fee." ColonelVance exclaimed. "You get 100%'"

On Christmas Eve. 1891. JudgeGlover married Roberta Quinn.Nine children were born of thismarriage: Linnie (Mrs. E. O. Kilpatrick). Olive Glover Kyle. andMarguerite Glover McCoy; Bernard. Quinn. David. William(Bill). Julian and Lawson. Four ofthe boys became lawyersQuinn. William. Julian andLawson.

In 1913. Judge Glover waselected prosecuting attorney of hisDistrict and served two terms. In1926 he was elected to Congressfrom Arkansas' Fourth Congressional District. He served threeterms as a congressman-untilhe was defeated by one John L.McClellan of Sheridan.

Judge Glover and his wife werefaithful members of the First Baptist Church in Malvern all of theiradult lives. The Judge had a consuming interest in Ouachita Baptist University. where he served asa member of the Board.

Lawson Glover's favorite storyabout his father was told by Circuit Judge Henry Means. Sr. (father of Circuit Judge Henry G.Means. Jr.). Alter Judge Gloverhad successfully defended a mancharged with stealing a hog.Judge Means asked the defendantwhat he had paid Dave Glover."Half a hog." the happy manreplied.

After his "retirement" from public office in 1933. Judge Glover returned to Malvern and practicedlaw vigorously until his death in1952. He was 84 years of age at thetime of his death.

Quinn GloverQuinn Glover. eldest of Judge

D. D. Glover's lawyer sons. attended the public schools in Malvern and graduated cum laudefrom Ouachita Baptist Universityin 1918 (his mother. incidentally.had been one of the first studentsat Ouachita). In 1927. he graduated from the Arkansas Law

Doing Good in Your Village:

The Gloversof MalvernBy William R. Wilson, JI.


School in Little Rock. He commenced his law practice in theGlover Building on West Markham, across from the north end ofthe Pulaski County Courthouse,i.e., if you haven't figured it out.it was where the Bar Center nowstands. This building had beenconstructed by his father whenthe elder Glover planned to makeLittle Rock his home (although helater changed his mind and nevermoved from Malvern to LittleRock).

Quinn Glover formed a partnership with the late Carl Langston in1946 and they expanded the firmlater to include Mr. Langston'sson, John Langston, who is now acircuit judge in the sixth JudicialCircuit. In 1958, he was electedmunicipal judge in Little Rock andwas re-elected in 1960, '64 and '68.He was held in such high esteemby the public and lawyers that hedrew no opponent in any of hisraces.

Judge Quinn Glover was a student of the law and a highly respected judge, but he was probably more widely known for hisdevotion to Masonry and theShrine. One of his obituaries referred to him as the "Mr. Mason of Arkansas." A favorite courthousestory about Judge Glover in LittleRock involved a Masonic functionin Chicago in 1950 where he reportedly kept then President HarryS. Truman waiting. In her book,"Arkansans of the Years," Ms.Faye Williams described the incident this way: "He (Judge Glover)was handling the imperial potentates' official banquet. which ismarked by a lot of protocol.President Truman attended,surrounded by city detectives, FBIagents and Secret Service men.About 150 distinguished guestswere to be seated at the headtable. As they came in, Quinngave them seating instructions....But early in the evening, thehead of the Secret Service informed Quinn that 'the Presidentis ready to come down.' JudgeGlover, who was not ready for thePresident replied, 'I would suggest that you go back to the President and tell him to kill about fifteen minutes more talking withthe Chicago politicians.' "

38/Arkansas Lawyernanuary 1985

Quinn Glover

After a distinguished civic andlegal career, Judge Quinn Gloverdied in Little Rock on May 28, 1970.

William H. GloverWilliam H. (Bill) Glover grad

uated from Malvern High School.Ouachita Baptist University andattended the Arkansas LawSchool in Little Rock and the University of Chicago Law School. Hewas admitted to practice in 1927and joined his father, David D.Glover, in Malvern. During hisyears of practice, he has servedtwo terms as city attorney of Malvern and two terms as prosecutingattorney for the Seventh JudicialDistrict.

Bill Glover volunteered for military service early in 1942 andserved until he was discharged asa major in 1946.

In addition to his law practice inMalvern. he became interested inbusiness ventures and at varioustimes has had an interest in theownership and/or management ofnumerous businesses. including alarge sawmill in Louisiana. ahardwood flooring company inMississippi. a nursing home andtwo construction companies inArkansas, and three brick plantsin Mississippi.

In addition to his other businessand legal interests, Bill Gloverhas served as a member of theBoard of Directors of the Bank ofMalvern for over thirty years.

In 1977, Mr. Glover was recognized by the Arkansas Bar Association for fifty years of distinguished service.

Bill Glover and his wife, BerthaMcRae Glover, live in Malvernwhere they are both active in civicand church affairs.

Robert Julian GloverRobert Julian Glover, born April

12, 1909, graduated from MalvernHigh School and Ouachita BaptistUniversity. He married Loretta Hillin 1934.

Julian Glover was admitted tothe Bar on July 6, 1936, and enteredthe practice of law in Hot Springsin that year-he maintained anactive practice in Garland Countythroughout his career except formilitary service during the SecondWorld War.

He was the last Hot Springs lawyer serving the War effort to be released, but returned from Germany in time to work vigorously inthe successful effort of the famous"GI ticket" which overthrew the"McLaughlin machine" at HotSprings.

After serving as acting city attorney in Hot Springs, he waselected prosecuting attorney forthat District in 1947 and served twoterms. In 1953, he returned to private practice and established thelaw firm which came to be knownas Glover. Sanders. Parkersonand Hargraves.

A brass collar Democrat, JulianGlover was chair of the GarlandCounty Democratic Committee forthirty years.

He served as president of theOuachita Area Council Boy Scoutsof America, and received theSilver Beaver Award, the highestcouncil award presented to adultBoy Scout leaders. He was also anactive Mason and Shriner. And, asone might expect, he was a devoutBaptist, serving as a deacon in theFirst Baptist Church at HotSprings.

Julian Glover died in April of1982, after a long and distinguished career at the Bar. Hiswidow, Mrs. Loretta Hill Glover,has established a scholarship inhis memory at the University ofArkansas School of Law at LittleRock.

David M. "Mac" and Dorsey D. Glover. in Hot Spring County Courthouse. hold a portrait of their grandfather. the lateCongressman David D. Glover. which hangs in the courtroom. Seated. from left to right. are Lawson E. Glover. Sr.. andWilliam H. (Bill) Glover.

Lawson E. Glover. Sr.Lawson E. Glover, Sr., is the

sixth son and the eighth of ninechildren born to Congressmanand Mrs. David D. Glover. He ismarried to Maxine McGee Gloverand they have two children, Dr.Lawson E. Glover of Little Rockand David M. "Mac" Glover ofMalvern.

Lawson Glover graduated fromMalvern HighSchool andOuachita Baptist University. Hewas admitted to practice law inArkansas in January of 1938.

He was city attorney of Malvernfrom 1952 to 1958 and was prosecuting attorney in the SeventhJudicial District from 1958 through1964.

Lawson Glover, in keeping withfamily tradition, has been anactive Baptist and served as aDeacon and departmental SundaySchool superintendent of hischurch in Malvern for many years.He also served as a member of theBoard of Trustees of the BaptistMemorial Hospital in Memphis,Tennessee. In keeping with another family tradition. he has alsoreceived the Silver Beaver Awardfrom the Ouachita Area CouncilBoy Scouts of America. He has

Robert Julian Gloverbeen extremely active in the Malvern Lion's Club. having served asdistrict governor and also as aboard member and president ofthe Arkansas Enterprises for theBlind in Little Rock.

After a distinguished career,Lawson Glover retired from theactive practice in 1981. but remains "of counsel" to the Gloverlaw firm in Malvern w here hissons, Mac, and Mark Robert maintain the practice.

Lawson and his wife have trav-

Dorsey D. Glovereled extensively since his retirement.

Dorsey D. GloverDorsey D. Glover, son of Bill

Glover. is the "senior" Glover lawyer in the third generation.

Dorsey completed undergraduate and law school at the University of Arkansas at Fayetteville,receiving his law degree in 1959.

After a stint in the Army. he returned to Malvern to practice lawwith his father.


In addition to practicing law, electing him president of the stu- Congressman Glover preachedhe, like his father, has acquired dent body, "doing good in your village" (asextensive business interests in Again following the family tra- the Prophet Micah admonishedArkansas and other states, (In pro- dition, he is an active Baptist, and us), and it is obvious that he hasviding a rather extensive resume, serves as a departmental Sunday stood at the elbow of his descen-reflecting many accomplish- school superintendent in the First dents down through the years-ments, Dorsey apologized for the Baptist Church of Malvern, and it appears certain that thislength of the document. but noted Mac served in the House of Dele- family tradition will continue. Dthat, "It's a pore frog that don't gates of the Arkansas Bar Associa-praise his own pond.") tion from 1978 through 1980 and

There is one area of endeavor has been a member of the Execu- Editor's Note: William R. Wilson.where Dorsey Glover has differed tive Council from 1980 to present. Jr., of Little Rock and president ofmaterially from his kinsmen. He is And, as stated earlier, is chair of the Arkansas Bar Association. isan active member of the Presbyte- the Executive Council for the 1984- a member of the Wilson, Engstromrian Church. The other "legal" 85 Bar year. and Vowell law firm.Glovers have been (and are) rock- u.• 00.... HRVICI

ribbed Baptists.STATEMENT OF OWNERSHIP, MANAGEMENT AND CIRCULATION(It........,.,.,. /J I.C. JUS)

In short. Dorsey D. Glover is an I. mu M "V8UCArlON A I"V8l1e... 'ION NO l- DA'~ Of' "LlNO

entrepreneur deluxe and attends The Arkusas L."yer 5 1416 1-10 ~ 10 I 9/28/84

to his multiple business interests I. 'MOUlNCY Of ts_ A. NO. 01' mUllS~_D .. =~.·OOscMI~~e rs"'_UAoLU

while carrying on the Glover legal Quarterly 4 6.00 non Hellbers

tradition. 4. COM~Lr:T1 M,llllNO AOoAUS 0' KNOWN O"ICI 0' PUlIllCATION /11.-. e1l1, COlI""', $'''_.""J Z," C_J INor prlnl..)

David M. 400 West M.rkh._. little Rock. Pulaski. Arkansas 7Z201

"CO.PUTE 114ILl"'O AOOIl.(SS OF TttE H£AOOU.AIIn". Of! OIUftlllAl IVSINUI Of"ICU Of' ntt: lOU1IU$Hf.1II1 (_...-1

"'Mac'" Glover 400 West M.rkh••• little Rock, Pulaski. Ark.n.as 72201

Now, back to Mac Glover, the.. FUU. NAMl:I AHO COflIIl'Ul'f YAll..ING 400IIII:11 Of' ........_.IDffOA. AHO IllAHAGrNG IOITOIII (TJOIo _.-usT HOT"_I"-leltsHVl {"__c-.w- ..... A__'J

chair of our Executive Council. Ark.ns.s B.r Associ.tion, 400 W. M.rkh'", little Rock, AR 72201

Mac graduated from Malvern IDITOIIIIN_ _ c~...... "'_01

High School. and attended under- Ruth Willi ••s. 400 West M.rkh••• little Rock, AR 72201graduate school and law school at MANAGING I:OITOIIII"__ C............... A_I

the University of Arkansas at Fay- Ruth Willi ••s. 400 West M.rkh••• little Rock. AR 72201etteville, receiving his I.D. degree 1 OWHElllllf_bI'.'_o_.'n__..... _'IlO'to..___,.,.,__ ".,.____ ..'.tocllltol"""

in 1969. He was admitted to prac- _,,.,..,ItoId<"""'_''''_'''''',",_''''SfOCIl.I'__ bI''~''''''.______ '''_l#tditlOduol_,,,,,,,,,tice in 1970, and, after serving for

Do"..... ",,_bI'. por'",,,,,,,,,,,,,_ ""iffCllffH"olWl "mI. 'ff"""__... _I. rtf.. ,,' _ iffdt"",,01 muSf Do ...... If~ ""'01" .." .... " puOl'11I«J bI'. " ....1"0'" ..,..""..,..... ,,. ...... "'d *It/,.,. m"" Do If.fftI.1 flf'fm mus, Do , ...,.,.tftli

a year as an assistant attorney 'uu HAMI COMPl"f MAILING AOOIII(l1

general. he returned to Malvern toSSOC • onpractice wi th his father, Lawson r .ns.s ar

a un .r r an 11 on •Glover. He was deputy prosecut-ing attorney from 1974 through1976 and he was city attorney for

.. Ol ..QWN 1IOf\I0000000EIIIS "fORTGAGE£S .....0 O'H£III SoEOJAoTV HOlDERS owr..NQ OR HOLDING' PEACE'" 0lIl uonE Of"TOIAL AMOUNT Of BONOS MOA'GAGES 0fI OTHEIl SECUIIIlTlES("-, __ 00 .toI'J

Malvern from 1974 to 1980. f\.IU "'AMI: COMPT..1ET1 MAiliNG AOOIIIfll

Mac is married to MicheleMcCright Glover, and they havetwo children, David Parker Glover(age twelvel, and Valerie Michele .. FOIII COMPUTIQN IIY NON""OFlT ORGANlz.,lTIQNS AUTHOI'UZ£O '0 toUlll At SPECIAl AATES~ flU" OMM ...,,1

Glover (age nine).,,,.__ ,__ ~"-"'_O'~___ "_OI_""F_"'____ lCIWd_1

(It should be noted parenlheti- '" '"o =:c':~"C:::;~~~H~"~Go HA5 CHANGED DUA'''O (!I,-.-. ...--_..._ ..~.,

cally-probably to the chagrin of ftfI£CEDIHG ".ONTHS '-"__ oIof_1

",VEFlAGE NO COPIES EACH "'CTUAL NO COPIES OF SINGLE

most of the Glover family-that,. E/flENT AND N"'TUIlE Of CIIlCUl.ATlON ISSUE OVIlING PIIIECEDING ISSUE PU'~I~g:fr£$T TO'2 MOO'tiS

neither Mac nor Dorsey attended ... 'OULIOO CONC.___

3,500 3,500Ouachita Baptist University. • .<UCI e-a.-.,or_

where all nine of Congressman• SA&.U'-OII."'U:q .....~q ."",on -0- -0-~oUIO~n......u

Glover's children attended.)........ _tc__

3.176 3.214In the tradition of so many of his e ~u."._C"CUUl~f_of"'_'.~

3.176 3.214kinsmen, he has been extremelyactive in the Boy Scouts of o '.11 OI".IIU'I(lN" ....,... C•••IU 011 0.10....U ...

3S"......u. CO..lOt.lMENUU. ANO o'''r. '.11 COIOtU 3America from an early age. He • 'o'.... _r.IIU1'ION,- .. c_ ../ 3.179 3,217reached the Eagle Scout rank in

• C_SIOO' ""',..,,.0

high school and was awarded the ' QI"lICII lIM lEn owte-..UN~_no _EO 321 283An[JI ......M<)

District Award of Merit in 1980 and :L ..""""._NE.....c:;c...U

-0- -li-the Silver Beaver Award in 1984. a faUll_." "'''' ........ ___• ___ ...,

.. co ,,,. , C'V\

In both high school and college, ' • ~ ¥ ...I lit lh lit! ttl d bY[»j S/(f...."u...Olln.O'.O'TO.........l'."U,.u"..u,

Mac's classmates honored him by " ce, Y a e 1 a emen , ma e Y ......A;e::i.i:.., ~ .me above are corTect and complete W 'I .... , ')

40/Arkansas Lawyerlianuary 1985

"There YouGo Again"

Congress Changesthe Rules

for Low-MarketLoans

By Craig Westbrook

One has to be slightly masochistic to attempt to write a taxarticle as long as the 98th Congress is in office, although I suspect that the 99th Congress maybe worse. Changes in the tax laware now coming at intervals toofrequent to publish in an article.This is my second attempt to writean article for this edition; the firstwas aborted by a fickle Congress.

My misfortunes are a reflectionof the rapidly changing tax environment in which we practice.Nevertheless. as practitioners. wemust attempt to stay abreast of

Editor's Note: Craig Westbrook, acertified public accountant and attorney, is with the Mitchell, Williams, Selig, Jackson & Tucker lawfirm in Little Rock. He is a 1980 honors graduate of Baylor University inTexas, where he served as the research and topics editor for theBaylor Law Review,

This article is the second by theSection of Taxation in its effort tokeep the membership informedand up-to-date on tax law.

current changes so that we mayadequately represent our clients.

This article will discuss one aspect of the imputed interest rulesthe new interest-free, or more appropriately. "below-market"loans. The article will briefly discuss the background of the belowmarket provisions. recent case history. and more im portantl y, thenew law and some of its ramifications.

BackgroundIn recent years. interest-free

loans have been a popular planning technique, as well as one ofthe more popular subjects for taxarticles and for tax cases. Interestfree loans have been used to shiftmoney from a taxpayer to his parents or children, and have been acommon technique for funding college education expenses. The taxpayer would loan money interestfree to his children, who would invest the money with little or notax consequences. The parentcould retrieve his money at anytime. Thus, a parent in the 50 percent tax bracket could save sub-

stantial tax dollars without theloss of flexibility. The interest-freeloan was also used to temporarilytake money out of a corporation.The corporation would make aninterest-free loan to the shareholder which would be payableupon demand. No interest incomewas recognized by the borrower orlender in either transaction. I

A landmark case concerning theincome tax consequences of aninterest-free loan was Dean v.Commissioner. 2 In Dean. the TaxCourt held that no income wouldbe recognized by the borrowersince he would be entitled to animputed interest deduction anyway. creating a wash. 3

The gift tax consequences of theinterest-free loan were discussedin Crown v. Commissioner. 4 The7th Circuit decided in Crown thatthere would be no gift involved inan interest-free demand loan,since the amount of the gift couldnot be determined.

Although the Internal RevenueService non-acquiesced in theDean decision. it did so twelveyears after the decision was

January 19B5/Arkansas Lawyer/41

rendered. 5 Thereafter, the taxpayer's position on both the income and gift tax consequenceswithstood IRS assaults for manyyears. Most of the cases decidedsince Dean have stated that Deanhad become law. and that anychanges should be legislative innature. 5 Several years ago, theTax Court did state that it mightnot follow Dean if there was not a"wash,"7 as when the interest-freeloan was used to purchase taxfree securities. The Court ofClaims actually reversed the result of Dean, although the decision was reversed on appeal.·

The last judicial development inthe interest-free loan area prior tothe current legislation was Dickman v. Commissioner.' In Dickman, the II th Circuit ruled that agift to the borrower did result in ademand note. This result was upheld by the Supreme Court."

LegislationIn the Tax Reform Act of 1984,

Congress added Internal RevenueCode Section 7872. providing thelong-awaited legislative action. II

Section 7872 provides that in thecase of any "below-market loan..·the foregone interest shall betreated as (I) transferred from thelender to the borrower, and (2) retransferred by the borrower to thelender as interest. Therefore, thegeneral rule is that the lender willbe treated as having interest income. This result is worse thanthat addressed in Dean and otherdecisions. In those cases, thequestion was whether the borrower had income. 12 Using theinter-family loan as an example,Dean addressed whether the childwould have imputed income.Under the new law. the parent isconsidered to have received interest income and made a gift to thechild.

In order to understand the effectof the new law. several terms mustbe defined. First, a loan is a"below-market loan" if (I) in thecase of a demand loan, interest ispayable less than the "applicable


federal rale," or (2) in the case ofa term loan, the amount loanedexceeds the present value of allpayments due under the loan.computed using the applicablefederal rate." Second, the "applicable federal rate" is to be set bythe secretary of the treasury basedon the term of the loan. If the termis not over three years, the federalshort-term rate applies. If the termis more than three but not overnine years, the federal mid-termrates will apply. Where the term isover nine years. the federal longterm rate will be used. These rateswill be determined on March 31and September 30 of each yearbased on the average yield (overthe last 6 months) on outstandingmarketable obligations of theUnited States with similar remaining periods of maturity. The September 30 rate will be effective fortransactions beginning the following January 1. and the March 31rate will be effective for transaction beginning the followingJuly 1." The rate beginning January I, 1984 is 12.37"10." In the caseof a demand loan, the short-termrate always applies. Therefore,on a $100.000 interest-free loanfrom a parent to his child, theparent will be considered to havemade a gift of $12,370 to the child.and have received $12.370 in taxable interest. Unless the spousejoined in such a gift. the parentwould be required to use some ofhis or her unified credit.

Loans to Whichthe New Law Applies

In general. there are five categories of loans to which new Section 7872 applies:

(I) Gift loans.(2) Compensation-related loans:(3) Corporation-shareholder

loans;(4) Tax-avoidance loans; and(5) Other below-market loans.Gift loans will generally occur

in a family situation, although theconference report indicates that aloan between unrelated personscan qualify as a gilt loan. A bona

fide arms-length sale will betreated as for a full and adequateconsideration and no gift will beimplied. "

Compensation-related loansare below-market loans made toan employee or independent contractor in connection with the performance of services. 17 The imputed interest amount will be considered to have been received bythe employer as interest and paidto the employee as wages. Theborrower would have an offsettinginterest deduction. Although thereis no requirement that taxes bewithheld, the amounts must bereported. II

Any below-market loan madedirectly or indirectly between acorporation and a shareholder ofthe corporation will be treated aso corporation-shareholder 10an. 19

In such instance, the transfer fromthe corporation to the shareholderwould be considered a dividend.whereas a loan from the shareholder to the corporation would beconsidered a contribution of capital. Thus, the common Deancorporation-to-shareholder loanhas been effectively eliminated.

A loan is a tax-avoidance loan if"one of the principal purposes ofthe interest arrangements is theavoidance of any federal tax.""The conference report indicatesthat there must not only be a nontax reason for structuring the loanas a below-market loan; in addition, tax avoidance must not be aprincipal factor in the structure.This subjective test will be difficult to meet in most circumstances.

Loans which do not fall into theabove categories may still be considered other below-market loansand subject to the new rules if theinterest arrangement "has a significant effect on the tax liabilityof the borrower or the lender.""The conference report clearly indicates that the new rules will applyto many situations which ourclients would not consider loans:

"It is intended that the term

'loan' be treated broadly in lightof the purposes of this provision. Thus any transfer ofmoney that provides the transferor with a right to repaymentmay be a loan. For example,advances or deposi ts of allkinds may be treated asloans. "23

The conference report further indicates that one of the factors fordetermining that a loan is an otherbelow-market loan is whether itresults in conversion of a nondeductible expense into an equivalent of a deductible expense. Forexample, if a member of a clubmakes a non-interest bearing refundable deposit to the club aspart of his membership fee, abelow-market loan has occurred.The member has made a loan tothe club and received interest income, thereafter making a similarpayment to the club as an addi-

tionaI fee. Since the fee would notbe deductible, the member is escaping any tax on the interest income. Therefore, the transactionhas a significant effect on the taxliability of the borrower or the lender. The conferees go on to statethat in determining whether an effect is "significant," the Treasurywill consider:

(I) Whether iterns of incomeand deduction generated by theloan offset each other (for example, a person might make asimilar non-interest bearingdeposit for membership in acharity);

(2) The amount of such items;

(3) The cost to the taxpayer ofcomplying with the provision;and

(4) Any non-tax reasons fordeciding to structure the transaction as a below-market loan

rather than a loan with anadequate interest rate. 24

These provisions ale extremelybroad, and may apply to manytransactions. For example. thereis no provision in the law expressly preventing a non-interestbearing checking account frombeing considered a below-marketloan. For example, suppose a depositor keeps $10,000 in his checking account which bears no interest. It is possible that under thebelow-market loan provisions hewill be considered to have received interest and paid a checking account fee in that amount tothe bank. If the account is not abusiness account, his fee is nondeductible; the loan could be considered as an "other below-marketloan." In addition, if a renter paysa deposit, he may be considered tohave received interest income andpaid additional rent of the same

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January t98S/Arkansas Lawyer/43

amount. Since non-business rentwould not be deductible, thetransaction could be consideredan "other below-market loan."Hopefully, these transactions willbe exempted in the regulationsbecause of the cost of complyingand other factors to be considered.

ExceptionsThere are a few exceptions. For

example, in the case of a gift loanbetween individuals, the newrules do not apply to loans whichdo not exceed $10,000. However,this exception only applies if theloan is not used to purchase orcarry income-producing assets.2$Therefore, in typical educationalfunding transaction describedabove, the new rules would applyeven though the amount was lessthan $10,000. Where the proceedsare not used to purchase incomeproducing assets, as where a loanis made to a relative to start up abusiness or to make a down payment on a residence, this exception should prevent any amountfrom being included in the lender'sincome. Under Dickman, however,there may still be a gift to the borrower.

Another exception exists forcompensation-related loans andcorporation-shareholder loans of$10,000 or less, so long as one ofthe principal purposes of the loanis not the avoidance of any federaltax." To rely on this exception,there should be a legi timate nontax reason for structuring the loanat below-market.

Finally, there is a speciallimitation for gift loans which do notexceed $100,000. In that event, theamount 01 the lender's imputedincome will not exceed the borrower's net investment income forthe year. Even this exception doesnot apply where one of the principal purposes of the loan is taxavoidance. 27

In computing whether theamount of a loan exceeds the

44/Arkansas LawyerlJanuary t985

exception amounts, all loans between the lender and the borrower, regardless of interest rate,are included. Furthermore, if aloan exceeds the amount. the imputed interest rules continue toapply even after the outstandingbalance is reduced below theamount. u

Effective DatesThese new rules apply to term

loans made after June 6, 1984, andto demand loans outstanding afterJune 6, 1984. Any loan renegotiated, extended or revised afterthat date shall be treated as a loanmade after that date."

ConclusionThe new below-market loan

provisions will prohibit the type ofinterest-free loans used to fundeducation expenses and to channel income to parents. as well ascorporate-shareholder types ofloans. However, these new rulesdo not stop at applying to the traditional types of transactions. Ascurrently drafted, these provisions could apply to any advanceof money from one person or entityto another, even to regular checking accounts. As with other recenttax laws, much of the law is to bedrafted by the Treasury Department in the form of regulations.Practitioners should rememberthat the new provisions do not prohibit a below-market loan; theymerely change the tax consequences. In some instances it willdictate a new method of planning.For example, funds needed foreducation of a child may beshifted from the parent to the childthrough the use of a Clifford Trust.a trust under Section 2S03(c), use ofthe Uniform Gift to Minors Act, or arecently discussed Spousal Remainder Trust. Other transactionswill not be restructured, but theparties will merely be required toreport the transaction on the basisof the new rules.

Finally, there will undoubtedly

be practitioners who choose totreat these rules similarly to thegeneration-skipping tax-so complicated that they are ignored.Nevertheless, practitioners shouldbe aware of potential tax consequences to their borrower and moresignificantly, lender-clients underthe new rules. 0

FOOTNOTESI Dean v. Commissioner, 35 T.C. 1083

(1961); Beaton v. Commissioner, 664 F.2d3t5 Ost Cir. 1981).

2 Dean, note I. supra.J Dean, note I. supra at 1090.• 585 F.2d 234 (7th Cir. 1978), affg 67 T.C.

1060 (977).• 1973-2 C.B. 4.I Suttle v. Commissioner, 625 F.2d 1127

(4th Cir. 1980). affg T.C. Memo. 1978-393;Baker v. Commissioner, 677 F.2d II (2ndCir. 1982). aU'g 75 T.C. 166 (980); Martinv. Commissioner, 649 F.2d 1133 (5th Cir.1981); Greenspun v. Commissioner, 670F.2d 123 (9th Cir. 1982). affg 72 T.C. 931(979).

1 Green.pun v. Commissioner. 72 T.C. 931(979) at 943.

• Hardee v. Commissioner, 710 F.2d 1391(Fed. Cir. 1983), rev'g Ct. CI.

, Dickman v. Commissioner, 690 F.2d 812(11th Cir. 1982), cert. granted. 103 S.Ct.1181, affd 104 S.Ct. lOBS (984).

III Dickman v. Commissioner. 104 S. Ct.1086 (1984), affg 690 F.2d 812 (11th Cir.1982).

II The Tax Reform Act of 1984, as Division Aof the Deficit Reduction Act of 1984 (ORAl.Section 172.

n Several cases had decided that thelender recognized. no income as a resultof the interest·free loan. Combs LumberCo.. 41 B.T.A. 339 (1940); Society BrandCloth••, 18 T.C. 304 (1952).

U New Section 7872(eXl).14 New Section 7872(f)(2); New Section

1274(dXII. as added hy DRA Section 4I(a).l~ This is the short-term rate based on inter

est paid on an annual basis. I.R. 84-115,1984-47 I.R.B.

II Conference Report, H. Rep't. No. 98-861,98th Cong., 2d Sess. at 1018.

11 New Section 7872(cXIXB).1. Conference Report at 1018.I' New Section 7872(c)(I)(C).21 New Section 7872(cXI)(D).~l Conference Report at 1019.12 New Section 7872(c)(IXE).13 Conference Report at 1018.14 Conference Report at 1019.~~ New Section 7872(cX2).U New Section 7872{c)(3).21 New Section 7872(dXI).21 Conference Report at 1021.n ORA Section 172(c)(l).

oCl<::(0:oCl-J

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24THANNUAL

ARKANSAS

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FEBRUARY 28MARCH 2, 1985

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HOT SPRINGSARKANSAS


EXECUTIVE DIRECTOR'S REPORT

Attorney's Oath Cause for Thoughtful Review

By William A. Marlin

Recently I had the privilege ofattending the fall admission ceremony for new lawyers. As theywere repeating the Attorney'sOath. [ was impressed that theobligations. the goals and thestandards expressed in the oathare something all lawyers need toreview and think about from limeto lime. Too often in the day to dayrush. we do not reflect much on theprivilege our license gives to usand the responsibilities that goalong with that privilege. Evenless often do we review the wordsof our oath and think about thepromises we made at the lime ofour admission in subscribing tothat oath.

So that you do not have to searchit out. we are reprinting it for yourthoughtful review:I DO SOLEMNLY SWEAR:

I will support the Constitution ofthe United States and the Constitution of the State of Arkansas

I will maintain the respect due toCourts of Justice and judicial officers;

I will not counselor maintainany suit or proceding which shallappear to me to be unjust. nor anydefense except such as I believe tobe honestly debatable under thelaw of the land;

I will employ for the purpose ofmaintaining the causes confided tome such means only as are consistent with truth and honor. andwill never seek to mislead theJudge or jury by any artifice or falsestatement of fact or law;

I will maintain the confidenceand preserve inviolate the secretsof my client. and will accept nocompensation in connection withhis business except from him orwith his knowledge and approval;

I will abstain from all offensivepersonality, and advance no factprejudicial to the honor or reputation of a party or witness, unlessrequired by the justice of the causewith which I am charged;


I will never reject. from any consideration personal to myself. thecause of the defenseless or oppressed. or delay any man's causefor lucre or malice. SO HELP MEGOD.

ANNUAL MEETINGDATES

No sooner does the Octoberissue of The Arkansas Lawyer getout telling you 01 the June 5-8 datesfor the 1985 Annual Meeting andthat we hope to move it a weeklaler in subsequent years to avoidconflicts with graduations andother close of school activities thanI have to tell you we discoveredanother conflict in 1986. TheArkansas Sesquicentennial celebration will be concentratedaround Friday. June 13 to Sunday,June 15. 1986. We know many ofyou will want to attend thoseevents, so we are going to stickwith the first full weekend in Junefor the 1986 annual meeting-June4-7. We still hope to set it a weeklater in 1987 and beyond.

SECTIONPROGRAMS

While it may seem a long timeaway. the Association staff is busyworking with program plannersfor four of our section programscoming up in a few months. OnFriday. February 1. and Saturday.February 2. 1985, at the CamelotHotel. the Family Law Section willsponsor a seminar on "The Growing Federalization of Divorce:' Anextensive addition to our presentDomestic Relations System will beintroduced at that time. Our workwith Editor Ben Rowland on thissystem and with Editor JakeLooney on the Agricultural LawSystem has shown me what a massive undertaking creating or updating a system is. While we on

the staff provide administrativehelp on many details such as ordering the binders and tabs. contracting to get the system printedand then handling the distribution. the editors and a host of writers give very freely of their timeand their talents to provide Arkansas lawyers with these very valuable practice aides. Often thewriters find they have a bigger jobthan they originally expected and Iknow both editors have had to findnew writers after some of the firstones dropped out.

Other Section programs youshould watch for and plan to attend are the Natural ResourcesLaw Institute at the ArlingtonHotel. February 28 to March 2. 1985;the Savings & Loan Seminar.March 15. 1985. at the CamelotHotel; and the annual Workers'Compensation Institute. April 12,1985. also at the Camelot Hotel.

LOCAL BARMEETINGS

About the time you get this copyof The Arkansas Lawyer. the Executive Council will be having ajoint Friday evening meeting withthe Southwest Arkansas Bar Association plus a regular Saturdaymorning Council meeting in Texarkana on December 7 and 8.President Wm. R. Wilson. Jr. hastaken the step of bringing the Executive Council to a regional barmeeting so attorneys around thestate and Association officials canget better acquainted. We hopeother local and regional bars willfrom time to time permit the Councilto meet with them. We usuallyhave Council meetings in earlyDecember. late April and earlyAugust-about a month and a halfbefore the House of Delegatesmeetings. Also. I would like to visitlocal bar meetings from time totime if you would like to have mecome. 0

YOUNG LAWYERS' UPDATE

Tradition of Volunteerism Cont.inues

By Martha M. Miller. Chair

Fall is a season of many traditions. including the Young Lawyers' presentation of the Admissions Ceremony for the new admit,tees of the Bar of Arkansas. and thePractice Skills Seminar.

Admissions Ceremony

This year's fall AdmissionsCeremony was held in the old Supreme Court chambers on September 17. 1984. under the leadership of Chair Sammye L. Taylor ofLittle Rock. and Co-Chair EdwardBoyce of Newport. Included on theprogram were William R. Wilson.Jr.. president. Arkansas Bar Association; Philip S. Anderson. delegate. American Bar Association; H.William Allen. president. PulaskiCounty Bar Association; SusiePointer. president. ArkansasAssociation of Women Lawyers;Gene McKissic. president. W.Harold Flowers Law Society; ClayPatty. executive director. AICLE;Mark Lester. chair. VOCALS Boardof Directors; Col. William A. Martin. Arkansas Bar Foundation; andmyself on behalf of YLS.

Practice Skills Seminar

Elizabeth J. Robben of LittleRock. and Connie Lewis Maytonand Michael R. Mayton of WestMemphis. co-chaired the 1984Practice Skills held October 18-20.Several of the approximately seventy participants were extremelycomplimentary of the programcontent and speakers.

During the first two days of theprogram. fifteen speakers coveredeight substantive areas of the law:Justice Darrell Hickman. ArkansasSupreme Court. Searcy. and Sidney H. McCollum. Bentonville. on

Ethics and Avoidance of Malpractice: William M. Clark. Jr ..Springdale. and Margaret Bunn.Searcy. on Real Property: Clay P.Farrar. Jr.. Hot Springs. and H.Lawrence Yancey. Little Rock. onEstate Planning and Probate:Bobby R. McDaniel. Jonesboro.and Chris Piazza. Little Rock. onCriminal Practice: Judson C. Kidd.Little Rock. on Workers' Compensation: Harry T. Moore. Paragould.and Collins Kilgore. Jr.. LittleRock. on Domestic Relations: Phillip A. Raley. Pine Bluff. and MaryDavies Scott. Little Rock. onRepresentation of Creditors andDebtors: Nicholas H. Patton.Texarkana. and John V. Phelps.Jonesboro. on Litigation.

The final half day of the PracticeSkills Seminar was co-sponsoredby the Section of Economics of LawPractice. and James W. Hyden ofPine Bluff. who is chair of that Section presided. During this portionof the program. porticipants heardadvice on how to set up and main·toin a law office from Donald S.Goodner of Waldron; Frank C.Elean. II of Harrison; Nelwyn L.Davis of Little Rock; Robert B.Branch. Sr. of Paragould; and myself.

Explorer Post

Also on the fall agenda of YLSwas the organizational meeting ofthe Law and Government ExplorerPost. Members of the Post are highschool students interested in pursuing a career in law enforce·menl or advocacy, or in localgovernment. Mike Crawford of HotSprings. chair of The Ways of theLaw Committee. reported that theSeptember 25 meeting was well attended hy about 30 members. Sevveral lawyers and judges haveagreed to serve as volunteer leaders of the Post. but more volunteers

are needed. If you have an interestin serving as a volunteer leader,please contact Mike or TeresaWineland of El Dorado. co-chair ofthe Committee. In addition to thePost at Little Rock. the Committeewill be establishing other Posts inother areas of the state.

Each of the thirty-six peoplementioned in the preceding paragraphs deserve a very specialthanks. Without their diligenceand full cooperation. these threeYLS programs would not havebeen possible. It is this tradition ofvolunteerism that has and willcontinue to make all the other traditions of YLS a reality.

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ARKANSAS BAR FOUNDATIONScholarship~ Awarded to Law Schools

By Robert 1. Jones. III

The purposes of the ArkansasBar Foundation include the promotion of educationaL literary,scientific and charitable causes.In addition. the Foundation strivesto improve and facilitate the administration of justice. promotestudy and research in the field oflaw and encourage the continuinglegal education of lawyers. Twobasic ongoing programs of theFoundation are scholarships forlaw students and awards recognizing outstanding service tothe legal profession. These programs support two of the purposesof the Foundation; promotion ofeducational causes and improvement of the administration of justice.

Scholarships. The Foundationmanages and provides incomefrom funds which have been contributed for scholarships to students at both the University of Arkansas School of Law and the University of Arkansas at Little RockSchool of Law. Most of the scholarship funds are the result of specificcontributions in memory or recognition of individuals or firms. Thefollowing is a list of currentscholarships:

Arkansas Bar Foundation scholarships for the Foundation year1984-85:

I. School of Law-University of Arkansas at FayettevilleFriday. Eldredge

& Ctark $410.00(Jerry T. Light $t75.00.Boyce R. Love $235.00)

Sharp-Bogle $330.00Harry P. Warner $275.00Cecil R. Warner $275.00Rather. Beyer & Harper ..$330.00Edward Lester $275.00Judge Henry Woods $275.00R. A. Eilbott. Jr. $360.00Arkansas Bar

Foundation $1.250.00Arkansas Bar

Foundation $1.250.00Judge John E. Miner $660.00Bud & Bernard


Whetstone $550.00Joe C. Barrett Commercial

Law Award $500.00Joe C. Barrett

Schotarship .$1.425.00(When criteria is set)

Judge Thomas ClarkTrimbte $1. toO. 00(Awarded on alternate years)

Judge George RoseSmith $275.00(Awarded on alternate years)

Colonel C. E. Ransick ...$550.00$to.090.00

2. University of Arkansas School ofLaw at Little RockFriday. Eldredge

& Clark $410.00(Jerry T. Light $t75.00.Boyce R. Love $235.00)

Sharp-Bogle. . . . . . . $330.00Harry P. Warner $275.00Cecil R. Warner $275.00Rather. Beyer & Harper ..$330.00Edward Lester $275.00Judge Henry Woods $275.00R. A. Eilbott. Jr $360.00E. Charles Eichenbaum $2.200.00Arkansas Bar

Foundation $1.250.00Arkansas Bar

Foundation $1.250.00Rose Law Firm $2.250.00

(Rose Law Firm. $1.500.00.U. M. Rose $750.00)

Judge John A. Fogleman .$660.00(Awarded on alternate years)

Judge). Smith Hentey ...$340.00(Awarded on alternate years)

Bud & BernardWhetstone $550.00

Colonel C. E. Ransick $550.00$11.580.00

The Foundation encourages contributions to scholarship funds asa meaningful way to support legaleducation and the legal profession. The Scholarship and Memorials Committee for this Foundation year is chaired by G. AlanWooten of Fort Smith. Committeemembers include Mark Lester ofLittle Rock. Ted Skokos of LittleRock and Keith Arman of HotSprings.

Awards. At the June meeting inHot Springs the Foundation traditionally recognizes contributionsto the administration of justice andthe legal profession through the

presentation of awards. This yearthe Foundation and Associationanticipate awarding the Outstanding Lawyer Award. the Outstanding Lawyer-Citizen Award.the C. E. Ransick Award of Excellence. the Outstanding Local BarAssociation Award and perhapsseveral special awards. NOW ISTHE TIME FOR EACH LOCAL BARASSOCIATION TO CONSIDERSUBMITTING AN ENTRY FORSUCH AWARDS. Recommendations concerning these awardsshould be directed to the ArkansasBar Foundation. 400 West Markham. Little Rock. Arkansas 72201.with attention to the AwardsCommittee. 0

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IN-HOUSE NEWSLaw Schools, AICLE and Executive Council

UNIVERSITYOFARKANSASSCHOOL OFLAW ATFAYETTEVILLE

By J. W. Looney

National WritingCompetition WinnerWilliam David Hardin,

now in practice withHardin, Jesson and Dawson in Ft. Smith, was thefirst place winner in theFood and Drug Law Institute's Writing AwardCompetition. His paper,completed during histhird year at the lawschool, was judged thebest among the manypapers submitted. Histopic was "PoliomylitisVaccine-History, Regulations and Recommendations." In 1983, Davidwon second place in thenational competition forthe Letourneau Awardfor the OutstandingPaper in Legal Medicine.

Class of 1987The entering class of

1984 consists of 146 (thesame as in 1983) studentsfrom all the universitiesin Arkansas plus graduates of 48 undergraduate institutions in otherstates. This class is thefourth group to enterunder the reduced enrollment policies adopted in 1980. AttorneyGeneral Steve Clark

spoke to the enteringclass during orientationactivities prior to thestart of classes.

Faculty PublicationsHoward Brill's book,

Arkansas Law of Damages has been releasedby the Harrison company.

John Watkins coauthored article, "Gertzand the Common Law ofDefamation: of Fault.Nonmedia Defendantsand Conditional Privileges" was published inthe Texas Tech Law Review. A second articleappeared in the Arkansas Law Review. entitled"Access to Public Records Under the ArkansasFreedom of InformationAct."

Other faculty with articles in the ArkansasLaw Review incl udeMort Gitelman (withMarcia Mcivor) whosearticle is "Domicile.Residence and Going toSchool in Arkansas;Joan Chapman, whowrote the first of a threepart series, "FatefulTreatment Choices forCritically III Adults, PartI: The Judicial Model;"and Robert Laurence's"An Odd Collection ofTopics Relating to Creditor's Remedies UponWhich Various FederalCourts Have RecentlySpoke-Rule 69, Rule 13,Federal Tax Liens andthe Due Process Rights ofCreditors."

Robert Laurence alsohad an article publishedin the American IndianLaw Review entitled

"Service of Process andExecution of Judgmenton Indian Reservations.

Charles Carnes contributed an article on"Successor·Owner Hiring and Bargaining Responsibilities in California" to the Journal ofAgricultural Taxationand Law: Lonnie Beardhad an article in theAgricultural Law Update, "New S Corporations: Soil and WaterConservation and LandClearing Expenditures."Chris Kelley's article,"Black Land Loss and theLaw," appeared in RuralAmerica.

Student TrialLawyers AssociationThe Student Trial

Lawyers Associationsponsored its first 198485 program featuringSpringfield, Missouri.attorney Tom Strong onthe use of demonstrativeevidence. The STLA is anaffiliate of the Arkansasand American Trial Lawyers Associations.

AgriculturalLaw Students

The law school'sunique degree programin Agricultural Law continues to attract studentsfrom throughout thecountry. This year'sclass includes studentsfrom Arkansas, Mississippi. Montana, NorthCarolina, Ohio, Texasand Vermont. The classwill be joined by a lawfaculty member fromAustralia in January whowill be the first international student in theprogram.

UNIVERSITYOFARKANSASAT LITTLEROCKSCHOOL OFLAW---

By John M. Sheffey

Local Bar Participates inLaw School Activities

The law school is fortunate to be located inclose proximity to somany outstanding practitioners who are willingto contribute their timeand efforts to the students. Every semesterseveral local attorneysoffer courses at the lawschool as adjunct professors. During the past fallsemester Allan Gates(Environmental Law).Peter Kumpe (Antitrust),and Byron Eiseman(Estate and Gift Tax), alltaught courses. In addition, Richard Mays, Philip Kaplan, and JohnForster all offered weekly workshops in TrialAdvocacy, Judge HenryL. Jones, John Gill andRobert Sarver gave individual lectures to thefirst year class on suchdiverse topics as qualitylegal writing, professional responsibility,personal problems for

Januory 1985/Arkansas Lawyer/49

lawyers and their clients, and renewing personal resources.

Timothy Dudley, LeeMuldrow, Janet Pulliam,Ron Heller and JamesTilley, all graduates ofthe law school, addressed the students ontheir experiences in private practice and offeredadvice to students whowere seeking employment or intending toopen their own officesupon graduation.

New ScholarshipEstablished

A substantial newscholarship, the R. Julian Glover Scholarship,was established by Mrs.Glover in the name andhonor of her deceasedhusband. Mr. Gloverwas a prominent attorney in Hot Springs.

Alumni AssociationMeets Regularly

The Law School'sAlumni Association hascontinued a traditionestablished last year ofholding monthly luncheon meetings in LittleRock. Mr. Leland Duvall,associate edi tor of theArkansas Gazette, spokeat the initial meeting lastfall on the im pact of economic issues on the 1984General Election. Thesecond program featured Mr. Vic Fleming, agraduate of the lawschooL who addressedthe group on humor andthe law. Herman Ivester,president of the Association. and Sam Perroni.program chairman. aremaking plans for futureprograms.

Faculty NewsProfessor John Pagan

taught Civil Liberties inEngland last summer atthe University of Exeter.His course was offered in

the College of Williamand Mary's summer program abroad. ProfessorPagan's article, "CivilRights and 'Personal Injuries': Virginia's Statuteof Limitations for Section1983 Suits," will appearin the winter issue of theWilliam and Mary LawReview.

Dr. Robert A. Leflarand Professor Albert M.Witte, members of thefaculty at the law schoolat the University of Arkansas at Fayetteville,each taught a course atthe law school during thepast fall semester. Dr.Leflar taught the coursein Conflict of Laws andProfessor Witte, who willcontinue to teach in thespring semester, taughtContracts. A reception intheir joint honor washeld in the Arkansas BarCenter on October I!.

Professor Kenneth S.Gould was re-elected aspresiden t of the Board ofDirectors of Central Arkansas Legal Services.Professor Gould andInstructor James R.Cromwell collaboratedon the supplement to thePoverty Law PracticeManual.

Professor Cromwelland Professor DiPippaconducted a trainingprogram for newly hiredLegal Services attorneysin Arkansas. Tennesseeand Mississippi. Professor Crom well alsooffered social securitytraining seminars forpracticing attorneys inboth Jonesboro and WestMemphis under the auspices of the ArkansasLegal Services SupportCenter. Professor Cromwell's article, "A Substantial Paradox: Attorney's Fees Under theEqual Access to JusticeAct in Social SecurityAppeals," was published in the UALR LawJournaL

Dean Lawrence Averillspoke to the TexarkanaBar Association on thetopic of lawyers publicimage. He was also oneof the principal speakersat the Fall Legal Institutein Fayetteville andaddressed the attorneyson val uation of land.

Professor W. Den tGitchel attended theSouthern Regional TrialAdvocacy program inDallas, sponsored by theNational Institute ofTrial Advocacy, in June.

Several members ofthe faculty addressedthe Arkansas JudicialCouncil at its 1984Annual Meeting andContinuing JudicialEducation Seminar inLittle Rock in October.Professor Glenn Pasvogel spoke on characterevidence. ProfessorEllen Brantley addressed the group oncurrent guardianshipproblems and trustfundamentals, ProfessorRichard Burke deliveredthe program on new developments in criminallaw, Professor W. DentGitchel spoke on recentdevelopments in familylaw, and Professor JohnDiPippa offered remarkson new developments inconstitutional law.

Professor Fred Peelspent the past semesteron an off-campus dutyassignment. ProfessorPeel devoted his semester to development of aproposal designed toeliminate double taxation of corporate dividends by excluding suchdividends from the grossincome of individualshareholders. The proposal requires that corporate income be taxedat a flat rate equal to thehighest individual income tax rate. ProfessorPeel also taught a workshop on recent developments on consolidated

tax returns for the Arkansas Tax Institute. Inaddition, he addressed amonthly meeting of theArkansas chapter of theAmerican Society ofWomen Accountants.where he discussed thetax treatment of fringebenefits and divorcesettlements under theTax Reform Act of 1984.

Professor EugeneMullins article, "TheCreeping Eruption of Mt.Healthy," originally published in the DetroitCollege of Law Reviewwas reprinted in the 1984edition of CorporateCounsel's Annual published by MatthewBender.

Professor SusanWebber Wright was onthe AALS team whichinspected the law schoolof Northern JIlinois University.

A.I.e.L.E.NEWS--

By Claibourne W. Patty, Jr.

Advising Landownersand New Agricultural

SystemThe 1984 Fall Legal

Institute on AdvisingLandowners was heldSeptember 20-21 at theUniversity of ArkansasConference Center, Fayetteville. The programwas chaired by Dean J.W. Jake Looney of theUniversity of Arkansasat Fayetteville School ofLaw. Dean Looney edited and authored severalsections of the new agricultural law system introduced at the Institute.

The program was divided into four major sections: Interests in Land;Natural ResourcesIssues; Taxation Issues;and Representing the

50/Arkansas Lawyerllanuary 1985

Financially DistressedOwner of AgriculturalLand. Interests in landincluded the followingpresentations: LegalIssues Associated withFencing, Boundary andSurvey Laws; Easementsby Joe M. Rogers; andInstallment Land Contracts; Farm Leases byDonald B. Pedersen.Natural resources issuesincluded these presentations: Water Law PanelDiscussion, ChuckBanks, Jake Looney andJodie Mahoney; FarmLand Preservation Lawby Professor LindaMalone; Mineral andRoyalty Conveyancingin Arkansas by ProfessorPhillip Norvell; and Timber Transactions by Prolessor Bill Selig. Taxation issues includedthese presentations:Handling Special UseEvaluation for Agricultural Land by Tom Overbey; Tax Planning forReal Estate Sales andExchanges by ProfessorLonnie Beard; Evaluation of Land by DeanLarry Averill. The topicon Representing TheFinancially DistressedOwner of AgriculturalLand was presented byformer bankruptcy JudgeCharles Baker. In addition, there was a specialupdate by Larry Yancey,of Little Rock, on federalincome tax. University ofArkansas President RayThornton addressed theassembly at a Fridayluncheon.

Approximately 140registrants and guestsattended the sessions.Health Law CommitteeSponsors SymposiumThe Health Law Com-

mittee of the ArkansasBar Association sponsored a Health Law Symposium on October 5 to 6at the Red Apple Inn,Eden Isle. The program,chaired by Michael W.

Mitchell. was attendedby 55 lawyers and hospilal administrators.

25th Annual PracticeSkills Course Held

The Annual PracticeSkills Course, jointlysponsored by the Association's Young LawyersSection and AICLE, isone of the longest running programs in the history of Arkansas Continuing Legal Education.The approximately 65registrants consistedmostly of recent admittees to the Bar. The subjects included: Ethicsand Avoidance of Malpractice; Real Property;Estate Planning andProbate; Criminal Practice; Workers' Compensation; Domestic Relations; Representation ofCreditors and Debtorsand Civil Litigation.

An additional. optional session, co-sponsoredby the Association's Economics of Law PracticeSection, was devoted tothe problems of openinga law office. Topics included: LocationWhere to Practice; Setting Up Shop-How to GetStarted; and Operations-How to Maintain Practice.

Arkansas-FederalTax Institute

The Arkansas-FederalTax Institute, jointlysponsored with Arkansas Society of CPA's,was held at the LittleRock Excelsior Hotel onDecember 6 and 7. Topics included: Mutual Interests of Lawyers andCPA's Concerning Stateand Federal Tax Issues.

Regional Video Replays

The 1984 Fall LegalInstitute on advisingland owners and agricultural law was replayedon video in Jonesboro,Monticello, Magnoliaand Little Rock.

Mid·Year MeetingThe Association's An

nual Mid-Year Meetingwill be held at the Camelot Hotel in Little Rockon January 18 to 19. TheCLE portion will be devoted to an intensive,one-day review of recentdevelopments in thelaw, including: BadFaith; Significant Arkansas Federal Decisions;Legal Advertising; Pitfalls and the Trial ofLawsuits; and Significant Arkansas AppellateDecisions. On Thursdayallernoon, January 18,the annual Trial Advocacy Competition between the University ofArkansas School of Lawat Fayetteville and UALRSchool of Law will beheld in the South Courtroom of the Old FederalBuilding. The semiannual meeting of theHouse of Delegates willbe held Saturday, January 19.

ARKANSASBARASSOCIATIONHOUSE OFDELEGATESMEETINGTUNE 9, 1984

The House of Delegates of the ArkansasBar Association held ilsspecial meeting at theUniversity of ArkansasConference Center inFayetteville, Arkansas,on September 21, 1984.President William R.Wilson, Jr. presided.

The House approvedthe minutes of the lastExecutive Council meeting, the financial statement as of August 31,1984, and Association

membership statisticsfor September, 1984.Delegates were asked topersonally contact delinquent members intheir respective districts.

Annabelle Clinton,secretary-treasurer, certified the election of JaneKnight of Little Rock andDonis Hamilton of Paragould to the House.

President Wilson ruledthat, pursuant to ArticleXII of the Association'sConstitution, the House,by a two-thirds vote ofthose presen t andvoting, may waive therequirements of ArticleXII and consider resolutions at a special meeting of the House. TheHouse of Delegates by Q

two-thirds majorityvoted to waive the requirements of Article XIIand consider resolutionson (a) selection of federal judges No. 84-2; (b)judicial salaries No. 84-3;and (c) Justice BuildingCommission No. 84-4.

Robert D. Ross, chairof the Resolutions Committee, reported theCommittee's recommendations that. (I) consideration of Resolution No.84-2 be postponed untilthe Association's regularmeeting in January,1985, and that in theinterim the president ofthe Association appointa committee to study thedesirability of this Association proposing guidelines for those engagedin the process of nominating or confirming acandidate; and (2) thatResolution Nos. 84-3 and84-4 be adopted by theHouse of Delegates.

Resolution No. 84-2provided in relevantpart as follows:

"BE IT RESOLVED BYTHE ARKANSAS BARASSOCIATION that anyeffort to screen candidates for judicial office


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[n other business. theHouse approved: (I) anamendment to the LawStudent Section By-Lawsproviding for a full set ofollicers from each lawschool; (2) the retentionof an independent consultant to advise theAssociation on groupinsurance; (3) the elimination of a transcript ofthe House of Delegates'meetings. and the use ofminutes backed up by atape recording, withtapes retained for twoyears; (4) the appointment of lay persons toparticular committeeswhere a particular needexists; (5) the appointment of a committee toconsider guidelines onjudicial appointments;and (6) the appointmentof a committee reviewthe Association's Constitution and By-Laws relative to the designation ofregular meetings andthe presentation of resolutions.

Herman Hamilton.chair of the [aLTA Committee, reported that theArkansas SupremeCourt on September 17.1984. approved the implementation of 10LTAin Arkansas. PresidentWilson appointed LarryYancey to the committeecharged with setting upthe not-for-profit corporation to be the recipientof 10LTA funds andNorwood Phillips tochair the committeecharged with educatinglawyers on the 10LTAalternative.

Martha M. Miller.Association lobbyist,urged members to par-

through interrogationutilizing past publisheddecisions be held improper and any suchactions are hereby repudiated and condemned by this Association."

James A. McLarty. author of the resolution.Winslow Drummondand George Ellis spokein favor of the resolution. President Wilsonruled that a motion byDrummond to amend theresolution was out oforder. Congressman EdBethune, Thomas M.Carpenter, Robert R.Wright. Jeff Starling,Stephen M. Reasoner,Charles Carpenter andHerman Hamilton spokeagainst the resolution.A motion to table theresolution until the January, 1985. meeting wasdefeated. After extensive discussion, theHouse passed Resol ution No. 84-2 by a vote of25 to 23.

The House alsoadopted the followingresolutions unanimously: Resolution No. 84-3supporting a reasonableincrease in the pay andbenefits of Arkansasjudges and ResolutionNo. 84-4 supporting theefforts of the JusticeBuilding Commission tofind a solution to thespace and security problems at the JusticeBuilding.

Herschel H. Friday.Association delegate tothe American Bar Association, reported on various actions taken at theannual meeting in August. 1984: (I) Adoptionof a resolution thatjudges refrain frommembership in organi·zations which practiceinvidious discrimination: (2) adoption of various amendments to theAssociation's Constitution and By-Laws, in-


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