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SPR
ING
FIEL
D M
etro
polit
an B
ar
MONTHLY CLE LUNCH
Gifts from the Bench
Wednesday, December 19, 201211:45 AM (1 MCLE)
Tower Club, 22nd Floor
In advance: $20.00 members, $30.00 non-members
At the door: $25.00 members, $35.00 non-members
Invoice fee of $5 will be charged if payment is not received on the date of the lunch. Non-members may only attend as guests of SMBA members.
Registration Available Online!
springfieldbar.com
BAR NEWSNovember/December 2012
START THE NEW YEAR RIGHT
with these Excellent SMBA Lunch Programs:
January 16, 2013Pat Starke
President of the Missouri BarSponsored by
February 20, 2013Federal Practice: View from
Both Sides of the BenchDavid Rush
April 17, 2013Affordable Care Act
Professors Phil Peters and Josh Hawley, University of
Missouri School of Law
2 : NOVEMBER/DECEMBER 2012
November has passed, as has our national day of thanks. However, as lawyers we might be served personally and professionally to spend more time focusing on gratitude. Congress first recognized the holiday when President George Washington issued a proclamation naming Thursday, November 26, 1789 as a “Day of Publick Thanksgivin”—the first time Thanksgiving was celebrated under the new Constitution. I think it’s charming that my family talks about gratitude for the hands that prepared the food at our Thanksgiving table. Usually, there is a reference to gratitude for our freedom. How does gratitude affect our profession or our practice? The ABA Journal posted an article in 2010 about work-life balance and gratitude. Robert Emmons, PhD, a U.C. Irvine Davis professor, was referenced as “the world’s foremost expert in the science of gratitude.” When asked about lawyers, Emmons said he “had never before or since encountered a bunch of people more resistive to embracing an attitude of gratitude, except perhaps teenagers.” Barely surpassing teenagers seemed a pretty low blow. So what was the why? Emmons says, “Possibly because some of the main obstacles to being grateful are fears of dependence, indebtedness, and loss of control. Lawyers are people who emphasize self-control and self-reliance. They don’t want to cede control to others or owe anybody anything. It may also have to do with lawyers being called upon to face and solve problems all day long. When all you think about are problems it’s harder to feel grateful.” The analytical explanation was certainly more complementary than the initial assessment. Once involved in reading a blog, I either love or loathe to read the comments associated with posts but my favorite comment to this article from a lawyer was, I’m thankful that I don’t have to say I’m a “gratitude researcher” at parties. Moving onwards and upwards, I wanted to share the thoughts of a lawyer, Reed Elizabeth Loder on gratitude. The following is an excerpt from her article in the Notre Dame Journal of Law:
Gratitude might be a curious topic at a time that the public maligns, even demonizes, lawyers. Asking lawyers to endure social scorn and yet feel
thankful seems a double insult. Yet, I make the case in this article that every lawyer should cultivate, feel, and act upon a special type of gratitude—call it legal gratitude.
This discussion properly belongs to a larger, underemphasized effort to consider the meaning and relationship of various traits of character and how they apply to lawyers. Even those legal ethicists who helpfully venture beyond codified ethics rules and laws governing lawyers’ ethics tend to take a predominantly action-oriented approach to legal ethics. They focus on how lawyers should behave in specific situations and identify the moral principles that should govern lawyer conduct. While such non-positivist guidance on conduct is indispensable, it does not represent a complete or nourishing ethical picture. Situation-oriented legal ethics yields a haphazard picture of lawyer behavior, and principle-based ethics of action supply at best a fragmented sense of a lawyer’s moral identity. Combining action ethics with an examination of character traits and their inter-relationship provides a more holistic perspective. This approach also invites a more sustaining source of ethical inspiration to lawyers themselves. The most meaningful context of ethics is not codified rules applied to stark dilemmas, but the daily gestures of legal practice that reflect lawyers’ intuitions and character. Gratitude is a vital strand of that web.
It never hurts to look for inspiration in the practice of law. Some days it might hurt to practice gratitude. But I hope we can agree on one thing. We are grateful for time with our friends and family. So, be cautioned, the legal website “Above the Law” conducted a career center survey last year that found 16% of the survey respondents reported working on Thanksgiving Day and 40% worked Black Friday. I don’t know who those lawyers are but I hope you weren’t one of them!
PRES
IDEN
T’S
LET
TER
by Teresa Grantham2012 SMBA President
NOVEMBER/DECEMBER 2012 : 3 BAR
NEW
S Novem
ber/Decem
ber 2012
IN THIS ISSUE
President’s Letter .......................................... 2by Teresa Grantham
Judicial Resources ........................................ 9by Bob Dixon
Justice Fore All Sponsors .......................... 10
Justice Fore All Results ............................. 11
Honoring the Armed Forces .................... 13
New Members ............................................ 16
Popcorn & CLE .......................................... 17
IN EVERY ISSUE About the Bar: SMBA Committees ........... 4by Crista Hogan
Bench & Bar ................................................. 7
Bulletin Board ............................................ 12
Lawyer Referral Service ............................ 18
VLP Corner ................................................ 20by Sharon Alexander
Call-A-Lawyer ............................................ 21 Classifieds ................................................... 23 SMBA Calendar ......................................... 24
THE OBJECT OF THE SPRINGFIELD BAREstablished October 17, 1903 • To maintain the honor and dignity of the profession of law,
• to cultivate social interaction among its members,
• and for the promotion of legal science,
• and the administration of justice.
The Bar News is published monthly by the Springfield Metropolitan Bar Association.
The opinions expressed herein are those of the authors and are not necessarily in conformity with those of the editor or the SMBA.
Crista Hogan, EditorRebekah Teller, Layout • [email protected]
OFFICE HOURSMon-Fri, 9 AM–5 PM
1615 S. Ingram Mill Road, Building DSpringfield, MO 65804
417-831-2783 • fax: 417-831-2842www.springfieldbar.com • [email protected]
OFFICERSTeresa Grantham, President
Chip Sheppard, President-ElectSteven Harrell, Treasurer
Gary Powell, Past President
DIRECTORSDan Nelson • Charity Elmer • Adam PihanaRobert Palmer • Jake Reinbold • Steve Snead
Neil Chanter • Dwight Rahmeyer • Trace JohnsonSusan Jensen • Dan Patterson • Dwayne Fulk
EX OFFICIOThe Honorable Thomas Mountjoy, Presiding Judge
Crista Hogan, Executive Director
STAFFCrista Hogan, Executive DirectorMelanie Richards, Office Manager
THANK YOU 2012 COMMITTEE CHAIRSAlternative Dispute Resolution .................... Aaron JonesBench and Bar ............................................ Chip SheppardBoard of Directors ................................. Teresa GranthamCommercial/Insolvency ....................................Lee ViorelCriminal Law .................................................. Nancy PriceFamily Law ............................................Shannon GrishamFederal Bench and Bar ...............................Doug HarpoolGreene County Law Library .........................Rick TempleHealth and Wellness ........................................Kevin RappIn House Counsel ................................ Dwight RahmeyerJuvenile Law ..............................................Chris HazelriggLaw Day .......................................................... Brett RoubalLyceum ............................................................. Jeff MitchellMemorial .................................................. Tamara DeWildMentorship ...................................................Brian ShepardMock Trial ..................................................... Nancy FisherMonthly Programs ................................. Grant RahmeyerNCPC .......................................................... Chip SheppardProbate and Trust .......................... Sativa Boatman SloanSocial Security ........................................................Jon PittsSMB Foundation ............................................. Gary PowellTaney County ................................................... Chad DavisTrial Practice ...........................................Laurel StevensonWorkers’ Compensation ..............................Mike MergenYoung Lawyers ............................................Chris Hoeman
4 : NOVEMBER/DECEMBER 2012
AB
OU
T T
HE
BAR SMBA COMMITTEES
In 2012 the SMBA had 29 committees and 92 committee meetings were held. 2012 was a very active year for SMBA committees and I would like to thank all the volunteer committee chairs for their service. All SMBA committees now have their own web pages at springfieldbar.com. Committee pages contain contact information for committee members, forms and links (some found only on springfieldbar.com) as well as meeting information and handouts. I hope the following sampling of year end reports submitted by the 2012 committee chairs will entice you to sign up and take advantage of this great benefit of SMBA membership. If you would like to be added or removed from an SMBA committee, let Melanie know at 417 831-2783 or [email protected]. Bench and Bar CommitteeBy Committee Chair Chip SheppardThe SMBA Bench and Bar Committee met ten times in 2012. The meetings are held at the Greene County Judicial Center and lunch is provided to the committee members. Crista Hogan prepares the agenda and keeps the minutes. Judges Mountjoy, Fitzsimmons, Cordonnier, Thornhill and Commissioner Tinsley attend on behalf of the bench. Committee members from the bar are Dwayne Fulk, Brent Green, Brian Hamburg, Dan Patterson, David Ransin, Greg Aleshire, Lisa Blumenstock, Chip Sheppard and Crista Hogan. Jerry Moyer, the Court Adminstrator, also attends. The committee is very active and the dialogue between the judges and lawyers is open and effective. This year the committee continued to seek input from both the City and County regarding possible plans to alleviate the parking shortage for lawyers, court employees and the public. The ad hoc parking committee for 2012 continues to work towards an effective solution to the parking shortage. This ad hoc parking committee, and the Bench and Bar Committee, have both monitored and prodded the County City to creatively locate and steer judicial center visitors to the most convenient parking. The committee additionally addressed a number of other issues including, Division 25, future changes relating to e-filing, Missouri Bar and court involvement in cases of death or disbarment of local attorneys, and management of dockets. The committee also discussed incidents arising from the temporary disability or other impairments of local attorneys after being notified of concerns by members of the Bar and/or the Bench. Finally, Judge Cordonnier’s spearheaded an effort to keep the local legislators educated concerning the fiscal challenges mainly related to
commissioner and other staffing shortages in an attempt to encourage a legislative solution. Before the end of the year the Bench and Bar Committee expects to be reviewing form interrogatories and/or requests for production and proposed form juror questionnaires which have been approved by the Trial Practice Committee of the SMBA. Communication issues between the Bench and the Bar were also discussed leading to the publication of the judges’ clerks’ email addresses in the Bar News and on the Bar website. Correspondence with jurors was also improved to include more information about parking possibilities for prospective jurors. The Committee continues to discuss the recent public defender ruling and the substantial concerns related to the public defender quotas, how those are defined, the appointment of counsel for criminal defendants, the SMBA’s possible participation and the push for a legislative solutions. The Committee also continues to monitor and facilitate changes with the coming of E-Filing to try to ensure that confidential information is protected and to ensure that members of the Bar receive timely notice of the changes that will be instituted. Criminal Law CommitteeBy Committee Chair Nancy PriceThe criminal law committee closes the year with 52 Committee members. We added several new members with only three members who resigned from the committee. We held two meetings, one in the spring and one in the fall. At the spring meeting, we had an impressive turnout to celebrate judge England’s 36-year tenure on the bench. Judge England gave an insightful speech discussing his thoughts of coming legal trends that inspired widespread participation and was greatly enjoyed by all. We next met in the fall to discuss the sweeping revisions to the Missouri criminal law code proposed in SB872, in order to give the SMBA Board of Directors our opinion as to whether it should be passed as written. At the meeting it was determined that the proposed bill of over 1,034 pages must be reviewed in its entirety before such a determination could be made. Ten committee members stepped up to the plate and agreed to review portions of the bill. After this complete review, the committee determined not to recommend passing of the bill as written. The committee also participated in the KY-3 Call a Lawyer program. The members who assisted in this venture fielded numerous calls from the community during the course of the program on driving while intoxicated charges and related matters.
by Crista HoganExecutive Director
NOVEMBER/DECEMBER 2012 : 5
Family Law CommitteeBy Committee Chair Shannon GrishamThe Family Law Committee has been very strong and active for the 2012 year, with 35-40 active committee members. We began monthly meetings in March and attendance grew with each meeting. We met the first Wednesday of the month in the Court En Banc room, but due to the need for more space relocated to the Election Center Training Room. The delicious lunch at each meeting was provided to the members as committee members/firms offered to sponsor the meals. In addition, the Family Court Commissioners presented “Tips from the Bench” and outstanding guests presented on various topics related to family law. This committee also hosted the May KY-3 Call-A-Lawyer program, advised the SMBA Board of Directors on legislative proposals from the Missouri Bar, and formed sub-committees to assign particular responsibilities. The social sub-committee planned two social events to allow attorneys and spouses/significant other to socialize outside of the courtroom. The first FLC social event was held in June at Houlihans with a great crowd. The second event is the FLC Christmas party to be held at Springfield Brew Co. on December 13th. The committee is collecting donations for this event to benefit Ambassadors for Children. The legislative sub-committee provided the committee with relevant updates on legislation throughout the year.
In House Counsel CommitteeBy Committee Chair Dwight RahmeyerThe committee met 4 times with an average attendance of 20-30. Topics were as follows:
January, Tobacco Issues: Springfield’s New Ordinance, Wireless Programs, Implications and EnforcementApril, Litigation vs. ArbitrationAugust, HR IssuesNovember, Board Fiduciary Obligations
The committee also hosted a monthly lunch program entitled “Hot Topics with Americans with Disabilities Act Litigation” and a 2 hour Ethics CLE entitled “Ethical Decision Making.” Juvenile Law CommitteeBy Committee Chair Chris HazelriggThe committee met almost monthly. Generally about 20 members would attend each session. Our topics were very specific to our daily lives in Juvenile Court, so there was very particular information shared and discussed. Most members are very vocal so it was not hard to take up the hour and a half when we met, and many times conversations continued after 1:00 p.m. This is a very unique area of the law and the makeup of the attorneys is much different than in other practice areas. It is easy to get caught up with the people, the children and the specific issues. It is true problem solving at the most important and critical of topics, the children. Mentorship MondayBy Committee Chair Brian L. ShepardNumber of time committee met: 9 The members of this committee consist of mentors and mentees. The mentees are new to practice or the area. The
mentors are younger attorneys who have been here a few years. This years programs consisted of similar topics as in years past, including a jail and courthouse tour, which are routinely very popular meetings. Another favorite of the year was a joint event with the Young Lawyers Section of the Missouri Bar and The Network, the young professional branch of the Chamber of Commerce. The groups were invited to meet at Mother’s Brewery in October for an evening of conversation and camaraderie. Additionally, the committee undertook a public service project assisting the Springfield Community Land Trust, which provides low cost housing and some benefits of home ownership to underserved individuals in our community. Several members have trained with staff from the City and will undertake to counsel prospective persons as to the rights and obligations of this program. Monthly Programs CommitteeBy Committee Chairman Grant Rahmeyer The monthly programs were very successful for 2012. We had outstanding guests month after month who put on entertaining and informative presentations that were relevant to the members of the SMBA. Two lunch meetings with attendance over 100 in 2012, the September Meeting, (Lessons from Strong Advocate) and the November Meeting (Watt’s Decision)
January: Lynn Ann Vogel and Sebrina Barrett, The Missouri Bar February: Hal Funk, Lincoln’s Assassination TrialMarch: Public Safety Initiative, Dan PattersonApril: Health Law Forum: Directives and Medical Records, Rachael Dockery, Michael Merrigan, Beth Marr, and Richard RussellMay: Recent Developments in Patent and Trademark Law, Jon Bay June: Hot Topics in Americans with Disabilities Act Litigation: How the 2010 Regulations Create New Litigation Exposure for Business, Lisa Krigsten and Jason SmithJuly: Keith Birkes, Missouri Bar Executive DirectorAugust: The Honorable George W. Draper, III, Missouri Supreme CourtSeptember: Tom Strong, Lessons from “Strong Advocate”October: Candidates’ Forum: Missouri State RepresentativeNovember: The Watts Decision and Med Mal Caps, Kent Hyde and Roger JohnsonDecember: Gifts from the Bench
Probate and Trust CommitteeCommittee Chair, Sativa Boatman-SloanThe Committee met three times with an average attendance of 13. The committee was very active, conducting two Call A Lawyer phone banks, planning two seminars and assisting in an SMBA Monthly Lunch program. The committee also provided volunteers for the bar’s Healthcare Decisions Day community outreach and the completed Probate Handbook was made accessible on springfieldbar.com. The Call A Lawyer topics were: April, “Healthcare
CO
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continued on page 23...
6 : NOVEMBER/DECEMBER 2012
NOVEMBER/DECEMBER 2012 : 7 BENC
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IN THE CIRCUIT COURT OF GREENE COUNTY, MISSOURI 31ST JUDICIAL CIRCUIT IN THE MATTER OF THE CERTIFICATION OF LIMITED AVAILABILITY STATUS FOR PUBLIC DEFENDER SERVICES
The Court en banc for the 31st Judicial Circuit has been notified that the Public Defender has placed our Circuit on limited availability status under the Public Defender Commission’s Caseload Protocol. It is necessary that a temporary Administrative Order be entered governing the priority of cases that the Public Defender will represent until such time as a more complete prioritization can be made,
Wherefore it is ORDERED that effective the date of this Order, 1. No person shall be authorized to apply to the Public Defender for counsel, nor shall the Public Defender accept such application, unless such person shall first be authorized to do so by a Judge of this Court;2. The Public Defender shall not enter an appearance to represent any defendant charged with an offense unless so appointed by a Judge of this Court; if the defendant has more than one pending charge, whether felony or misdemeanor, a separate appointment must be made by a Judge of this Court for each case;3. For any authorized applicant who qualifies for the services of the Public Defender and such applicant has been refused representation by the Public Defender because of caseload certification, and such applicant is confined on the first month following such refusal, such applicant shall be given priority for representation. As to any qualified applicant who has been refused counsel and is not confined, such applicant will again be screened by a Judge for the timing of his representation and when again approved for counsel by a Judge, shall be afforded representation following any persons having priority for representation based upon in-cusody status;4. Should the Public Defender receive an application for services from an in-custody defendant without prior authorization by a Judge, the Public Defender will notify by email communication the Judge(s) responsible for the case(s) for the defendant applied for services. Notice shall include the defendant’s full name, the date application was made, together with the case and division number of each case for which the defendant was seeking representation.
It is SO ORDERED this 11th day of October, 2012.
TOM MOUNTJOYPresiding Judge
8
SAVE THE DATE
February 1, 2013
Hickory Hills Country Club
Members will be receiving invitations in the mail this month.
8
40th
8 : NOVEMBER/DECEMBER 2012
BEN
CH
& B
AR
SUMMARY OF THE GREENE COUNTY CIRCUIT COURT EN BANC MEETING HELD ON SEPTEMBER 12, 2012
1. Judge Mountjoy reported the he has organized a meeting to discuss the recent Opinion issued by the Missouri Supreme Court regarding cases assigned to the Public Defenders Office. Interested parties from the 38th Circuit and the 31st Circuit are invited.
2. Judge Holden asked Tim Smith, County Administrator if it was possible for the temperature in each courtroom to be controlled independently of each other by installing a thermostat. Judge Holden reported that the temperature in the courtrooms and chambers are frequently either to hot or too cold. Tim said that he would look into this request and respond back to the Court.
3. Jerry Moyer, Court Administrator presented a draft of a proposed Administrative Plan for Collection of Court Debt. Court Operating Rule 21 mandates that each circuit court adopt an Administrative Plan. The proposal was reviewed and upon motion and second it was approved.
4. Court Administrators Report: a. Mr. Moyer asked the Court whether it wanted
to host a legislators meeting this fall to speak to our local legislators regarding topics that are of concern to the Court. The court approved hosting the event.
b. Mr. Moyer reported that OSCA has recommended that Greene County implement e-Filing on April 1, 2013. He reported that a group of Judges, Commissioners and court staff met and discussed the proposed date and agreed that Greene County should implement e-Filing on that date. Mr. Moyer asked the Court En Banc for approval of that date and authorization to move forward with implementing e-Filing. Upon motion and second the date was approved.
c. Mr. Moyer reported that two meetings with staff to determine procedures for scanning felony criminal cases had been held. At the last meeting a disagreement had become apparent regarding a proper procedure. The Court En Banc discussed the issue and decided to test the process. New felony criminal case will begin to be scanned on September 17, 2012.
5. The Court En Banc went into closed session. No votes were taken.
SUMMARY OF THE GREENE COUNTY CIRCUIT COURT EN BANC MEETING HELD ON OCTOBER 10, 2012
1. Judge Mountjoy reported that OSCA plans to place a full time Computer Technician to work in the southwest region of the state. The person will provide onsite computer support for courts. OSCA asked if Greene County could provide a small office for the person to operate from. The Court En Banc approved this request.
2. Jerry Moyer reported to the Court:a. All municipal courts in Greene County have
filed reports with the Court pursuant to 577.006 RSMo.
b. Anthony Rodebush, Jury Supervisor reported that the new Jury Management System is now in operation. The Jury Management System was obtained from OSCA.
c. Marilyn Gibson requested to set a date for the Legislative Luncheon. The date will be December 13.
d. Jerry Moyer reported that the Missouri Court Automation Committee has approved the date of April 1, 2013 as the implementation date for E-Filing in Greene County.
3. Judge Mountjoy reported on the Public Defender meeting held on September 27. He suggested that the Court En Banc enact an order setting a procedure for assigning the Public Defenders office to cases in Greene County. The Court En Banc approved the recommendation and issued Administrative Order 38P-12.
NOVEMBER/DECEMBER 2012 : 9
Editor’s note: Missouri Senator Bob Dixon copied the SMBA on this October, 2012 letter to the Missouri Supreme Court and asked that we share this information with our members.
BENC
H &
BAR
10 : NOVEMBER/DECEMBER 2012
JUST
ICE
FOR
E A
LL S
PON
SOR
S
THANK YOU
Event SponsorHuschBlackwell
Lunch SponsorRepeat Performance
Driving Range SponsorNeale & Newman
Putting Green SponsorCarnahan, Evans, Cantwell & Brown, P.C.
Hole Sponsors
KPM Litigation AdvisorsLaw Offices of Sam F. Hamra, P.C.
Sims Law Firm, LLCWendy’s—Sam & June HamraGrinnell Mutual Reinsurance
Ransin Injury LawRoberts, McKenzie, Mangan & Cummings, P.C.
Doug KaysTurner, Reid, Duncan, Loomer & Patton, P.C.
State Bank of Southwest Missouri
Longest Putt SponsorYates Promotions
Gift SponsorMcAnany, Van Cleave & Phillips
18th Almost Annual Golf Tournament
Proceeds support the SMB Foundation and Legal Services of Southern Missouri in providing equal access to justice.
Registration Form
Law Firm/Team Name
Team Members Team Contact
Day Phone:
Fax:
Email:
Registration$500 per team$125 per player
Make checks payable to SMB Foundation.
Mail completed form and payment to SMBF1615 S. Ingram Mill Rd, Building D
Springfield Missouri, 65804 831-2783 • fax 831-2842 • [email protected]
October 1, 2012 Registration & Lunch: Noon
Shotgun Start: 1:00 p.m.
Hickory HillsCountry Club
3909 East Cherry, Springfield, MO
Registration Fees
$500 per team, $125 per playerLimited to the first 80 players
Registration will be confirmed upon receipt of registration form and payment.
For more information, contact SharonAlexander, Legal Services of Southern
Missouri at 417-881-1397, ext. 1327.
11:30 a.m. Driving Range Opens Participants may practice on the driving range prior to the tournament.
12:00 p.m. Lunch
Mulligans - 2 for $10 limit 1 purchase per person
ContestsHole-In-OneClosest to the HoleLongest DriveOther fun games
JUSTICE FORE ALL REGISTRATION
NOVEMBER/DECEMBER 2012 : 11 JUST
ICE FO
RE A
LL GO
LF TO
UR
NA
MEN
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Justice Fore All Golf TournamentOctober 1, 2012Hickory Hills Country Club
Benefitting the Springfield Metropolitan Bar Foundation and Legal Services of Southern Missouri
WINNERS
First Place: The Honorable Mark Fitzsimmons, Jason Bolton, Jack Hoke, Jim Schumacher Second Place: Mike Baird, Jay Cummings, Rod Loomer, Ben Upp Third Place: John Everett, Christiaan Horton, Rodney Nichols, Mickey Moore Longest Putt: Craig Oliver
Longest Drive: Judson Poppen
Closest to the Pin: Jennifer Brodersen
12 : NOVEMBER/DECEMBER 2012
DeBoef named outstanding
young alumnus SMBA member Ryan DeBoef was recently
awarded the prestigious outstanding young
alumnus by Evangel University. The award is given
to an alum under the age of 36 who has made
significant contribution within their chosen field.
Sam F. Hamra Center for Justice Legal Services of Southern Missouri dedicated their building as the Sam F. Hamra Center for Justice on October 11, 2012 in a ceremony attended by office holders, dignitaries, lawyers and friends from across the state.
BULL
ETIN
BO
AR
D
Dee Wampler, Esq., Mike Hamra, Esq., Dr. Robert Spence, University of Missouri Chancellor Brady Deaton, Senator Roy Blunt, Sam Hamra, June Hamra, Attorney General Chris Koster, Judge John Holstein, Rev. Charles Uhlik
Former Supreme Court Judge John Holstein presents plaque to Sam Hamra. Attorney General Chris Koster and MC Dee Wampler, Esq. are in the background.
NOVEMBER/DECEMBER 2012 : 13 HO
NO
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ED FO
RC
ES
Angela Acree, Air Force, E4, 1979-1983
David Anderson, Air Force, 1950-1954
David Appleby, Army
Ron Baird, Navy, 1967-1971
Robert Barney, Army, Captain
Duane Benton, Navy, Captain, 1972-2002
William Billings, Navy, Mine Disposal Officer
Joe Bohrer, Air Force, Captain, 1964-1967
Don Bonaker, Army, Sp 3, 1954-1956
James Bowles, Air Force Reserves, 1969-1993
Gary Brewer, Air Force, Sergeant, 1974-1978
Newton Brill, Marine Corps
Robert Bruer, Army
Leland Bussell, Navy, Ensign
Joe Carmichael, Navy
Craig Carter, Army
Bill Clampett, Army
Dan Conklin, Army, 1st Lt.
John Courtney, Army, Captain, 1964-1966
John Crow, Army JAG Corps, Captain, 1959-1962
Jay Cummings, Army, Medic, 1970-1974
Gary Cunningham, Army
Andy Dalton, Air Force, JAG Corps
Winston Davis, Army
Richard Dorr, Air Force, Lt Col, 5 Years Act/15 Reserves, JAG
Ralph A. Downs, U.S. Army 1970-1973
Don Duncan, Army, 1st Lieutenant, 1957-1961
Tom Dwyer, Navy, WWII and Korea
James Eiffert, Army
Ransom Ellis, Jr., Air Force, Major, European Theater
Doug Evans, Army, JAG Corps, 1970-1974
Steven Fenner, Navy Reserves, LN2, 2001-Present
Thom Field, Army Artillery, Captain
Mark Fletcher, Marines
Tom Fowler, Air Force
Jacob Frank, Air Force
Doug Fredrick, Army Reserves, Captain, JAG Corps
Leland Gannaway, Army, Captain, Vietnam
Douglas W. Greene III, Army, Captain, 1970-Reserves
Fred Hall, Navy, Seaman-1st Class, 1945-1946
Sam Hamra, Army, 1st Lieutenant, 1954-1956
Don Harmening, Army, Vietnam
Justin Harris, Army Reserves, 1991-1996
Arthur Haseltine, Navy JAG Corps,
Lieutenant, 1971-1974
William Hass, Army, 1st Lieutenant, 1962-1964
Mike Held, Army, Captain, 1991-2000
David Holden, Army, Sergeant, 1954-1955
Calvin Holden, Navy, 2nd Class E 5, 1972-1974
John Holstein, Army Reserves
Mitchell Hough, Army, Non Com, Korea, 1952-1953
Bruce Hunt, Air Force, 101st Airborne Division
Robert Ingold, Marine Corps
David Inmon, Navy/Marines, Lieutenant/Sergeant, 1966-1972/1994
Darryl Johnson, Army
George Johnson, Army, Spec. 4, 1966-1968
David Jones, Army, Lt. Colonel, 1956-1988
Mike Jones, Army, 1st Lieutenant, Infantry, 1968-1970/Vietnam 1969
Robert Jones, WWII
James M. Kelly, Army, Captain, 1971-1981
Paul King, Army, Spec. 5th Class, 1969-1970
Bruce Kirby, Reserves
Paul Kirk, Army, Sp4, 1961-1964
Lincoln Knauer, Army, Captain, Artillery
Bill Lawrence, Army National Guard,
Specialist, 1988-1994
Robert Lewis, Army, Spec. 5th Class, 1969-1971
Gerald Liljedahl, Army
Max Lilley, Coast Guard, Lieutenant, WWII
C. Dudley Martin, Army Reserves, Six Years
William Mauck
Frank McClernon, Air Force, 1962-1967
Bruce McCurry, Army Reserves, Specialist 4th Class, 1969-1975
Steven Meier, Army, 1975-1979
James E. Miller, Air Force JAG, Captain, Vietnam
Kerry Montgomery, Marine Corps
Dan Moody, Army
Fred Moon, Army, Captain
Joe Morrissey, Marine Corps, Sergeant, 1965-1967
Gary Nelms, Army, Armor Branch, Captain, 1965-1967
James Newberry, Army, Officer
Tom O’Neal, Army
John Parrish, Army, Captain, Field Artillery
J. Daniel Patterson, Army National Guard, Major
Matt Placzek, Army, 1963-1966
Dan Ramsdell, Army, E5, 1971-1977
Paul Reichert, Army, 1967-1971
Kenneth Reid, Army, 1st Lieutenant, WWII
Ted Salveter, III, Marine Corps
Wesley Sanders
Rita Sanders, Army Reserves, 1980-1986
John Schmidt, Army, Lieutenant
Matthew Sims, Air Force, Staff Sergeant, 1992-1999
Kenton Slankard, Army/Air Force
Clif Smart III, Army, 1986-1990
Gene Smith, Army, Colonel
Martin Spiegel, Air Force, Captain, 1965-1970, Vietnam
Chris Stark, Army Infantry, Lieutenant, 1969-Present
Robert Stillings, Army, Captain, 1974-1978
Arthur Stoup, Navy
Tom Strong, Army, 1955-1957
J. Miles Sweeney, Army, 1st Lieutenant, 1967-69/ 1Yr Vietnam
Terry Tolbert, Army Reserves JAG, Captain
Robert Torp, Army, PFC, 1977-1981
Ben Upp, Army Reserves
Ted Von Willer, Navy
Bryan Wade, Army
Dee Wampler, Army
Buell Weathers, Army, Technical Sergeant, 1943-46/WWII
Henry Westbrooke, Army, Major, 1958-1960/Reserves-1970
Rodric Widger, Army, Captain, 1974-1980
Robert Wulff, Army, 1956-1958
Carl Yates, Army National Guard, Legal Specialist, 1966-1972
Remember the service of our recently departed members:
George Donegan, Air Force, Corporal, WWII
Almon H. Maus, Army/Air Force, 1st Sergeant, WWII
James Wesley, Navy, Corpsman, 1959-1962
Turner White, Army, Captain, WWII
The SMBA honors our members who are serving and have served our country in the armed forces.
We would like to know if there are other SMBA veterans which do not appear on this list. Please notify the SMBA office of any additions or corrections to this information.
14 : NOVEMBER/DECEMBER 2012
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Board RetreatJanuary 27, 2012SMBA Office
Installation Banquet January 20, 2012Hickory Hills Country Club
Law DayMay 1, 2012
Hickory Hills Country Club
Mentorship Monday January 9, 2012Greene County Prosecuting Attorney’s Office
NOVEMBER/DECEMBER 2012 : 15 YEA
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Bar BrewJuly 26, 2012
Springfield Brewing Company
Law Day 5KApril 27, 2012Phelps Grove Park
16 : NOVEMBER/DECEMBER 2012
WEL
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WELCOME NEW MEMBERS OF THE SPRINGFIELD BAR
Tymon Bay, McAnany, Van Cleave & Phillips
Skyler Burks, Missouri Attorney General’s Office
Emilia Carlson, Attorney At Law
Nathan Chapman, Greene County Prosecutor’s Office
Joshua Christensen, Lathrop & Gage
Holly Ann Clouse, Hyde, Love & Overby
Elizabeth Cunningham, HuschBlackwell
Wyatt Dameron, Childers Law Firm
Alex Davis, Lowther Johnson
Brian Douglas, Franke, Schultz & Mullen
Kyle Harmon, Lowther Johnson
James Brendan Kelley, Franke, Schultz & Mullen
Steven Kellogg, Public Defender’s Office
Jody Larison, Greene County Prosecutor’s Office
Brad Miller, Turner Reid
Chris Miller, Department of Social Services, Division of Legal Services
Emily Monroe, Greene County Prosecutor’s Office
Mel Myears, Douglas, Haun & Heidemann
Jarica Oeltjen, Lathrop & Gage
Kristen O’Neal, Turner Reid
Paige Oster, Reynolds Gold & Grosser
Scott Pierson, Public Defender’s Office
Sarah Placzek Donelan, Legal Services
Jay Preston, Attorney At Law
Emma Schuering, Missouri Court of Appeals
Nick Smart, Strong Garner Bauer
Ashley Twibell, Legal Services
10TH ANNUAL SMBA NEW MEMBER WELCOME AND ORIENTATIONDecember 19, 2012Each year in conjunction with our December Gifts from the Bench monthly lunch the SMBA hosts a new member orientation. The new members are introduced at the monthly lunch and are invited to tour the Federal and Appellate Courts. Please let us know if there are new lawyers that are not listed who would like to attend and participate in the program by contacting Melanie in the SMBA office, 417-831-2783 or [email protected]. 2013 CLUB FOUR L (Formerly Mentorship Monday)New member orientation evolves into the SMBA’s highly successful Mentorship Program.
The tentative itinerary for 2013 4L is as follows:January 14, 2013 Greene County Judicial Courts FacilityFebruary 11, 2013 Managing: Your Practice and LifeMarch 11, 2013 Municipal CourtApril 8, 2013 Greene County JailMay 13, 2013 Advisor Panel DiscussionJune 10, 2013 Business Development Community ServiceJuly 8, 2013 Collecting Debts For You and Your ClientsAugust 12, 2013 Advisor Panel DiscussionSeptember 25, 2013 SMBA Board of DirectorsOctober 14, 2013 Program Graduation and Evaluation
NOVEMBER/DECEMBER 2012 : 17
SMBA Popcorn & CLE Video Rebroadcasts
What You Better Know in Family Court, Part DeuxMonday, December 119:30 AM to 12:00 PMSMBA Office3 MCLE
Topics include: changes in the law since the last CLE, as well as information on the much anticipated (and dreaded) move to a paperless world, a discussion regarding the proper preparation of joint property schedules evidence required for valuations of pensions—evidence necessary on requests for maintenance helpful checklists regarding the proper characterization of marital versus non-marital property electronic evidence, how to get it admitted—and other evidentiary issues the new guardian ad litem standards and what a guardian is expected to do in representing their client civility, professionalism and ethics in family law.
Members $110, Non-members $135
The following are available for viewing by appointment. Contact Melanie at the SMBA office 417 831-2783 or [email protected].
SMBA CLE Hour by Hour9 MCLE including 1 MCLE EthicsSpeakers: Lee Viorel, Richard Russell, David Wieland, Susan Jensen, Tyson Martin, Paul Satterwhite, Pat Platter, Brent GreenMembers $260, Non-members $300, Lunch included Best Interest of the Child and Ethics Considerations, 2 MCLE Ethics and GALMembers $90, Non-members $100 Ethics: A Conversation with Missouri’s Chief Disciplinary Counsel, 2 MCLE EthicsAn update on the rules and opinions concerning Ethics and professional responsibility and the disciplinary process (rule 5 procedures) suggestions for avoiding complaints and emerging trends and topics.Members $90, Non-members $100 GAL Training, 6 MCLE, certificate of attendance provided for GAL compliance• Interacting with the Public School System, What GAL’s Need to Know, Lisa D’Alesio
• Drugs and Alcohol: Update in Trends and Tests, Cindy Von Dette, KT Health Clinic
• Technology for Good and for Evil: Apps and Social Media, Andrea Long
• Child Abuse Signs and Symptoms, A Pediatrician’s Perspective, Kathleen Rice, MD
• Policy, Procedure and Resource Update from the Children’s Division, Heather Ford
Members $190, Non-members $225
Please complete this form and submit to the SMBA office with payment, or register online at www.springfieldbar.com. Cancellations must be received 48 hours prior to seminar for refund, subject to $10 administrative fee.
Name
Firm/Business Name
Phone Email
1615 S. Ingram Mill Rd., Bldg. D, Springfield, MO 65804 ph: 417-831-2783 fax: [email protected] springfieldbar.com
POPC
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CLE
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unrivaled office views, from sunrise to sunset.HAMMONS TOWERSPRINGFIELD (MO)
Plaza-realty.com
BAR NEWS ADVERTISING RATES
Full page: $5401⁄2 page: $3151⁄3 page: $2251⁄4 page: $1801⁄6 page: $150
Contact the SMBA office for additional information on rates and specifications. Acceptance of advertising does not imply endorsement by the editor or the SMBA.
Classified ads are accepted from SMBA members at a monthly rate of $25 (40 words or fewer). Ads from non-members are accepted, space permitting, at a monthly rate of $40 (40 words or fewer.) A charge of 75¢ will apply for each additional word. Please submit classified ads via email to [email protected].
ARTICLE SUBMISSION GUIDELINES
Unsolicited articles are accepted from SMBA members on subjects of interest to the legal profession on a space-available basis. The word count on articles submitted should not exceed 1000 words, and the submission deadline is the 20th day of the month preceding publication.
Submissions should be formatted in MSWord, text-only or rich text format to [email protected].
Discounts:3 months: 20%6 months: 30%12 months: 50%
NOVEMBER/DECEMBER 2012 : 19
We receive hundreds of calls a weekfrom individuals needing legalassistance. If you are not enrolled in theSMBA LRS, please consider joining thefollowing panels. The annual fee is only$70.00 per panel, with a limit of sixpanels. For some of our more popularpanels, that might be less than a dollarper referral.
The rules of the service are: • LRS panel members agree to charge
not more than $50.00 for the first one-half hour of office consultation.• The annual LRS fee is $70.00 per
panel.• LRS panel members must provide
proof of professional liability insurancein the minimum amount of $100,000
per occurrence and $300,000 aggregateper year.
For more information or to enroll in theLRS mark the panels you are interestedin below and fax or mail this form to theSMBA office.
Name
Firm/Business Name
Address
City State Zip
Phone Fax
E-mail MO Bar #
__ Adoption__ Agricultural __ Appellate__ Auto Accident__ Aviation__ Bankruptcy__ Business Organization__ Civil Litigation__ Civil Rights__ Commercial__ Communications__ Consumer Rights__ Copyrights/Trademarks__ Creditors Rights__ Criminal __ Domestic
__ DWI__ Eminent Domain__ Entertainment__ Environmental__ Federal Court__ Franchise__ Guardianship__ Immigration__ Insurance__ Intent. Torts__ Internat’l Law__ Juvenile__ Labor/Employment__ Malpractice__ Mediation__ Military/Vet
__ Municipal__ Pharmaceuticals__ PI/PD__ Probate__ Product Liab.__ Pub. Serv. Comm.__ Real Estate__ Patents__ School Law__ Small Claims__ Soc. Security__ Stocks/Bonds__ Taxation__ Traffic __ Wills/Trusts __ Workers Comp.
1615 S. Ingram Mill Rd., Bldg D, Springfield, MO 65804 ph (417) 831-2783 fax (417) 831-2842 [email protected] www.smba.cc
LAWY
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1615 S. Ingram Mill Rd., Bldg. D, Springfield, MO 65804 ph: 417-831-2783 fax: [email protected] springfieldbar.com
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Thousands of low-income Missourians are faced with consumer problems each year—credit card debt, medical debt, identity theft, telemarketing and other financial scams. Legal Services of Southern Missouri (LSSM) expanded its consumer rights services by hiring Staff Attorney Summer L. Masterson in 2011. Summer received her Bachelor of Science, Psychology from Missouri State University and her Juris Doctor from Thomas M. Cooley Law School. Summer provides advice, counsel, education and representation to low-income individuals on a range of consumer issues. Over the past several years, LSSM has seen an increase in consumer law cases. One of the greatest challenges faced by LSSM clients is dealing with creditors, more specifically zombie debt. As debts are sold and resold from agency to agency it is very difficult for people to track who they may owe money. Generally zombie debt has already been settled—even more than once—but it can come back to life, with no record of past payments. Summer has been very successful in handling these zombie debt cases by proving the debt has already been settled in bankruptcy proceedings; the statue of limitations has expired; or the debt was reanimated by collection agencies hoping to make some extra profit. LSSM’s clients are very grateful for the work Summer does on their behalf as it allows them to move forward in rebuilding their life. In addition to the zombie debt cases, Summer has kept many low-income people and senior citizens from becoming homeless due to wrongful foreclosures. She has found relief from high-interest payday loans, defended unlawful repossessions, protected against unlawful collections, and has improved financial literacy and stability for her clients.
Through its expanded consumer law case services, LSSM has developed partnerships with the Consumer Division of the Missouri Attorney General’s Office, the Federal Trade Commission (FTC), and other state and federal agencies to ensure that its client’s rights are protected. LSSM has referred cases to the Missouri Attorney General’s Office and the FTC when there was the possibility of a large number of people becoming victims of a consumer fraud. LSSM also works very closely with the local Consumer Credit Counseling Agency.LSSM accepts the following consumer cases: predatory lending practices, foreclosure, payday lending abuse, deceptive or fraudulent practices, breach of warranty, breach of contract, wrongful repossession, illegal collection tactics, and the false reporting of information on credit reports. If you are interested in volunteering your time to help LSSM with consumer law cases, please call Deanna Scott at 881.1397, ext. 1318 or by email at [email protected]; or contact Phil Masaoay at 881.1397, ext. 1315 or by email at [email protected]. LSSM is proud of its work, commitment and dedication to these cases and for achieving an excellent outcome for its clients and the community.
by Sharon Alexander
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KY-3 C
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Greg AleshireGary BishopSativa Boatman-SloanMatt ColognaSam CoringLara ForsJon GoldChandler GreggMatt GrowcockElijah HaahrDianne HansenPhil HopperEric JensenEvelyn ManganSummer MastersonBen McBrideMike MergenMichael MillerRyan MurphyRichard Owensby
Joe PassaniseMatt PlaczekPat PlatterLisha PraterNancy PriceGrant RahmeyerKevin RappHeather Rooney McBrideRichard RussellJames SchumacherJames SharpLisa SimsScott SmithMartin SpiegelNick VenuteLee Ann WalkerJoe WantuckBeth WarrickDavid WielandAdam Woody
Thank you to the following 2012 Call-A-Lawyer volunteers
If you would like to volunteer for a panel or suggest a topic for 2013 please notify Crista Hogan, SMBA Executive Director, [email protected].
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Sara Rittman Advocating for Attorneys
and Other Professionals
Statewide
Legal Ethics Consultation Complaint Responses Disciplinary Hearings Disciplinary Appeals
Reinstatements Bar Admissions and Licensure Applications
Former:
Legal Ethics Counsel Deputy Chief Disciplinary Counsel
Chief, Attorney General’s Licensing Unit
www.rittmanlaw.com
573-584-9347
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AD
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Local, AV rated firm seeks a transactional attorney with 3-5 years experience, including familiarity with real estate law, business formation, general corporate transactions, and mergers and acquisitions. Submit resumes to [email protected].
PARALEGALExperienced Paralegal needed with minimum 2-3 years of experience. Worker’s Compensation experience preferred. Must possess exceptional verbal, organizational, multi-tasking, and written skills. Must maintain confidentiality at all times. Great computer skills required including proficiency in Word, Excel, and Outlook. To apply, visit http://www.primeinc.com/.
ANNOUNCEMENTSAUDIO ENHANCEMENT AND RESTORATION SERVICESNEW forensic audio software used by DEA. Sound Expert removes background noise, brings voices in audio or video recordings to forefront so a conversation can be understood, transcribed and presented in legal proceedings. Fair pricing. 417-865-7981 www.plankproductions.com or e-mail [email protected]
Congratulations to Carol J. Miller, Distinguished Professor of Business Law, Missouri State University, upon her election as national President of the Academy of Legal Studies in Business!
OFFICE SPACE
Two offices for rent, with one secretarial space, in very nice law office available at 3432 Culpepper Court, Springfield, MO. Conference rooms, large reception area and library available. Receptionist provided. Call Jim Fossard @ 883-8200.
OFFICE SPACE FOR LEASEThree large offices available with space for support staff. Take one or take all three. Great location at 1976 E. Chestnut Expressway (East of Glenstone). Shared reception, conference room and kitchen area. 417-862-1620.
Office space 3010 E. Battlefield 2,000 sf. exclusive use of 1,300sf (five offices, a reception and waiting area as well as a work area) remaining 700sf (two shared conference rooms). PI practice prefers complimentary practice. Contact Terry Tolbert [email protected], 417-887-3010.
Decisions,” and November, “Estate Planning, Non Probate Transfers, Powers of Attorney and Other Simple Devices to Protect Your Loved Ones in Case of Your Death or Incapacity.” The Monthly Lunch topic was: “Health Law Forum: Directives and Medical Records.” The CLE programs were: “Estate Planning Issues for Family Law Attorneys,” a 2012 CLE on the Probate. Trial Practice CommitteeBy Committee Chair Laurel StevensonThe Trial Practice Committee met seven times in 2012. We had a good representation of attorneys from both the civil and criminal arena, and both plaintiff and defense perspective. This sometimes made for lively and challenging discussions. The Committee developed two subcommittees, one to address jury questionnaires, and one to address approved request for production. The subcommittee chair of for jury questionnaires was David Ransin who worked with Ron Carrier and others to develop a proposed questionnaire to use in Greene County. The subcommittee chair for the approved request for production was Joe Easter. The subcommittees were invaluable in pulling together resources from a number of counties, and working through much vocal (and e-mail) input from members. In November, the jury questionnaire and proposed approved request for production were presented to the Bench & Bar Committee. Some concerns were expressed about the scope of the proposed request for production, and a few of the questions on the jury questionnaire, and revisions are being undertaken to address those concerns. Judge Mountjoy suggested that the documents be presented to the Court en banc in December of possible. The Committee also organized a two-hour CLE on “Making a Record.” Judges Francis and Holstein, along with reporter Diane Woods of Greene County, and a reporter from Jackson County, presented the very informative seminar. The presenters gave excellent examples of problems that can be presented when a case is appealed, such as not making an adequate record of exhibits and distances. The reporters also provided tips on the importance of knowing the courtroom details before trial, and more effective communication with courthouse personnel. The Committee discussed addressing ways to improve voir dire, but ultimately decided not to tackle that project in 2012 given the other projects. We did agree to pass on to the next Committee the possibility of addressing ways to improve voir dire.
• • •
About the Bar...continued from page 5
DECEMBER 3 Bench and Bar Committee 6 Taney County Committee Past President’s lunch 13 Juvenile Committee Family Law Holiday Social 15 Bill of Rights Day 19 New Member Welcome & Orientation SMBA Monthly lunch 25 Christmas Day Greene County and SMBA offices closed
2013 HOLIDAY SCHEDULE for Judicial Offices
New Year’s Day .....................................January 1
Martin Luther King Day ...................January 21
Lincoln Day ..................................... February 12
President’s Day ................................ February 18
Truman Day ...............................................May 8
Memorial Day ..........................................May 27
Independence Day ......................................July 4
Labor Day ........................................September 2
Columbus Day ..................................October 14
Veterans Day .................................November 11
Thanksgiving Day .........................November 28
Christmas Day .............................. December 25
SPRINGFIELD Metropolitan Bar1615 S. Ingram Mill Road, Building D Springfield, Missouri 65804
PRSRT STDUS POSTAGE
PAIDSPRINGFIELD, MO
PERMIT #230
SMBA CALENDAR
Brooke Liggett CPA, CVA, CFFA
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