March Bar Luncheon March 23

Inside:Interview with Bernard E. Boudreaux Jr.In memoriam: Cheney C. Joseph Jr.Can an employer be vicariously intoxicated?

March Bar Luncheon — March 23speaker: Louisiana gov. john BeL edwards

March 20162 Around the Bar

Book your hotel room today for our annual conference in July!

BRBA Bench Bar Conference

July 21-23, 2016Grand Hotel Marriott Resort • Point Clear, AlabamaTo reserve your hotel room, call Marriott Central

Reservations at 1-800-544-9933.When you call, please reference the group name (BATON ROUGE BAR ASSOCIATION

BENCH BAR CONFERENCE 2016) OR one of the following three codes:

DELUXE RESORT VIEW ROOM: $229 per night — BBABBAADELUXE BAYSIDE ROOM: $259 per night — BBABBABSPA RESORT VIEW ROOM: $259 per night — BBABBAC

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S P o n S o R S H i P S A v A i l A b l e

WoRK • PlAY • PRACTiCe

WoRK • PlAY • PRACTiCe

March 2016 Around the Bar 3

On the cover:

Featured on the cover of the March 2016 issue of Around

the Bar magazine is Louisiana Governor John Bel Edwards.

Gov. Edwards will speak at the BRBA March 23, 2016, Bar

Luncheon. Please join us!

Cover photography by Marie Constantin. Photo provided by

the Office of the Governor of the State of Louisiana.

insideMARch 2016

4 contributors

5 Letter from the president “courtroom drama” By JEAnnE c. cOMEAux

6 March bar luncheon

7 Tales from the bar side “crash dummy” By vincEnT P. FORniAs

9 Gail’s grammar

10 in memoriam “cheney c. Joseph Jr.: A personal reflection” By chARLEs MccOwAn

12 “can an employer be vicariously intoxicated under La. c.c. article 2314.5?” By L. AdAM ThAMEs

14 Bar news

17 what i’ve learned “Bernard E. Boudreaux Jr.” By JOsEPh cEFALu iii

21 west’s Jury verdicts

22 Foundation footnotes

Volunteers are needed to help with a monthly

law CluBfor youth in the gardere area.

We need lawyer volunteers to help with a law club for middle and high school students in the Gardere/South Burbank area. You will work with teens as they learn more about the field of law.

To volunteer or for more information, please contact Lynn S. Haynes at [email protected] or 225-214-5564.

The “Future Legal Eagles” law club is funded by a grant from the South Burbank Crime Prevention and Development District.


AROund ThE BAR supports participation of the membership in its production. we encourage the submission of articles and letters to the editor. Articles should be less than 1,800 words, typed and single-spaced. A word file should be emailed as an attachment to: [email protected].

For advertising information call Pamela Labbe at 225-214-5560. display ads should be high-resolution attachments (.PdF), and classified ads as text only. Please email all ad artwork to [email protected]. Publication of any advertisement shall not be considered an endorsement of the product or service involved. The editor reserves the right to reject any advertisement, article or letter.

copyright © by the Baton Rouge Bar Association. All rights reserved. Reproduction in whole or part without permission is prohibited. To request permission or for more information, contact Pamela Labbe at 225-214-5560 or [email protected].

Pamela Labbe is the communications coordinator of the Baton Rouge Bar Association.

vincent P. Fornias, an assistant editor of Around the Bar, is a solo practitioner whose practice focus is alternative dispute resolution.

contributors

Gail s. stephenson, an assistant editor of Around the Bar, is the director of legal analysis and writing and an associate professor of law at southern university Law center.

All Rights Reserved • Copyright ©2016

Published by the Baton Rouge Bar AssociationP. O. Box 2241, Baton Rouge, LA 70821

Phone (225) 344-4803 • Fax (225) 344-4805 • www.brba.org

The Baton Rouge Bar Association will be the beacon for the full spectrum of the legal profession by fostering professional courtesy;

increasing the diversity of the bar and the participation of under-represented groups; maintaining a sound financial base; enhancing

and developing member services and community outreach; and promoting and improving the image of the profession.

OFFicERsJeanne c. comeaux, President ....................................381-8051Karli G. Johnson, President-elect ................................389-3704Linda Law clark, Treasurer .............................................346-8716Amy c. Lambert, secretary ............................................381-0283Robert J. Burns Jr., Past President ...............................767-7730

diREcTORs AT LARGEshelton dennis Blunt Melissa M. cressonLauren smith hensgens christopher K. JonesMelanie newkome Jones david Abboud Thomas

Ex OFFiciOsDanielle Clapinski • Kara B. Kantrow • Robin Krumholt

Eric Lockridge • Jodi Bauer Loup • Matthew Meiners Judge Pamela Moses-Laramore • Anne Richey MylesDebra Parker • Michael Platte • Michelle Sorrells

ABA dELEGATE Preston J. castille Jr.

BAnKRuPTcy sEcTiOnEric Lockridge ............................................................................chair

BusinEss/cORPORATE LAw sEcTiOnMichael Platte ......................................................................co-chairMatthew Meiners ...............................................................co-chair

cOnsTRucTiOn LAw sEcTiOnJodi Bauer Loup ........................................................................chaircharles hardie .................................................................. Past chair

FAMiLy LAw sEcTiOnAnne Richey Myles ...................................................................chairJennifer M. Moisant ......................................................chair-electvincent saffiotti .................................................................secretaryJoanna B. hynes ............................................................... Past chair

PuBLic LAw PRAcTicE sEcTiOndanielle clapinski .....................................................................chairchristopher K. Odinet .................................................... Past chair

wORKERs’ cOMPEnsATiOn sEcTiOnRobin L. Krumholt .............................................................co-chairdebra T. Parker ....................................................................co-chairMichelle M. sorrells ...........................................................co-chairJudge Pamela Moses-Laramore ...................................co-chair

yOunG LAwyERs sEcTiOn OFFicERsKara B. Kantrow, chair .....................................................769-7473Loren shanklin Fleshman, chair-elect ......................223-6333Francisca M. M. comeaux, secretary .........................376-0216scott M. Levy, Past chair ................................................299-3059

yOunG LAwyERs sEcTiOn cOunciL

BATOn ROuGE BAR AssOciATiOn sTAFF

Ann K. Gregorie, Executive director 214-5563Kelsie Bourgeois , Executive Assistant 344-4803donna Buuck, youth Education coordinator 214-5556caroline cooper, Pro Bono coordinator 214-5558R. Lynn s. haynes, Asst. Teen court coordinator 214-5564Robin Kay, Pro Bono coordinator 214-5561susan Kelley, Office Manager 214-5559Pamela Labbe, communications coordinator 214-5560carole McGehee, Lawyer Referral coordinator 214-5557Julie Ourso, Bookkeeper 214-5572

PuBLicATiOns cOMMiTTEE

Editor: Ed walters — 236-3636

Asst. Eds.: Joseph J. cefalu iii — 381-3176 vincent P. Fornias — 769-4553 Grant J. Guillot — 346-1461 Gail s. stephenson — 771-4900, ext. 216 Art vingiello — 751-1751

Graphic design / Ad sales: Pamela Labbe — 214-5560

Gracella simmonsRebecca wisbarJeff wittenbrinkRobert A. woosley

Katherine dampfKathryn dufreneRachel L. EmanuelLane EwingJohn FennerGreg Gouner

Ashley n. ButlerJordan FairclothErin sayes Kenny

Lexi holingadianne M. irvineMelanie n. Jonesdale LeeJohn McLindonchristopher K. Odinet

Joseph J. cefalu iii, an associate with Breazeale, sachse & wilson, LLP,is an assistant editor of Around the Bar.

Jeanne c. comeaux, a partner in the Baton Rouge office of Breazeale, sachse & wilson, LLP, is the 2016 president of the Baton Rouge Bar Association.

chelsea Gomez caswellKellye R. Grinton

charles Mccowan, of counsel in the Baton Rouge office of Kean Miller LLP, is a contributing writer.

L. Adam Thames, a partner in the law firm of Taylor Porter, is a contributing writer.


letter from the presidentBy JEAnnE c. cOMEAux Courtroom drama

Jeanne c. comeaux

Have you ever been tempted to stand up in a theater and yell, “I object!” I have. I want to object to the implausible theatrics of the “lawyers” who would never be allowed to behave as portrayed if they were in an actual court of law. Where are Hollywood’s legal consultants?

I know what you must be thinking about now: “Lighten up, it’s just a movie.” And for the most part, I agree — especially when the movie is a silly comedy created only to make us laugh. For example, it is easy to forgive the writers of “My Cousin Vinny” for allowing Vinny (Joe Pesci) to briefly respond to the prosecutor’s opening argument with, “Everything that guy just said is bull-s**t. Thank you.” If you intentionally went to see

“Legally Blonde,” you probably expected Elle Woods (Reese Witherspoon) to save the day by knowing her Prada shoe seasons and “the cardinal rule of perm maintenance,” and you probably did not care that the second chair defense attorney freely tagged-teamed his lead counsel with follow up questions of his own, without one objection.

And let’s not forget “Liar Liar,” starring the frenetic, rubber-faced Jim Carey. His character would have been fired by his client and by his law firm, and he would have been held in contempt of court for his seemingly psychotic behavior in the first few minutes of the courtroom scene. However prejudicial the judge’s comment would have been in front of the jury, he had the best line of the movie: “It is out of sheer morbid curiosity that I am allowing this freak show to continue.” We all love a freak show, so it’s no wonder that Hollywood keeps cranking out courtroom movies with increasingly whacky dialogue and even more colorful characters, with little attention to the actual practice of law.

Legal dramas, on the other hand, have provided much inspiration through memorable lines, presented in more believable scenarios. We all have a favorite quote or two, or five.

See if you can match these memorable lines with the movies from which they came:

If you were able to match all of these quotes without Internet assistance or peeking at the answers below, you (a) are probably over 50, and/or (b) have been spending a little too much time on Netflix. For those of you who are interested in a movie marathon, the American Film Institute has ranked its top 10 best courtroom dramas (www.afi.com/10top10), and you can also find a list of the 10, 20 and 50 best courtroom movies at www.flickchart.com.

Shakespeare was right — “All the world’s a stage,” but maybe nowhere more than in a courtroom. For better or worse, we get to be the actors.

Answers: 1, F; 2, D; 3, e; 4, A; 5, J; 6, B; 7, H; 8, I; 9, G; 10, C

A. “The Paper Chase” (Timothy Bottoms, 1973)

B. “The Firm” (Tom Cruise, 1993)

C. “The Verdict” (Paul Newman, 1982)

D. “The People v. Larry Flint” (Woody Harrelson, 1996)

E. “A Few Good Men” (Jack Nicholson, 1992)

F. “Erin Brockovich” (Julia Roberts, 2000)

G. “Reversal of Fortune” (Ron Silver, 1990)

H. “Bananas” (Woody Allen, 1971)

I. “A Man for all Seasons” (Paul Scofield, 1966)

J. “To Kill A Mockingbird” (1962)

1. “I hate lawyers, I just work for them.”

2. “I’m your dream client. I’m the most fun, I’m rich and I’m always in trouble.”

3. “You can’t handle the truth!”

4. “Mr. Hart, here’s a dime. Take it, call your mother, and tell her there is a serious doubt about you ever becoming a lawyer.”

5. “Jean Louise, stand up — your father’s passing.”

6. “Hey Ray, wouldn’t it be funny if I went to Harvard, and you went to jail, and we both ended up surrounded by crooks?”

7. “I object, Your Honor! This trial is a travesty. It’s a travesty of a mockery of a sham of a mockery of a travesty of two mockeries of a sham.”

8. “I know what’s legal, not what’s right. And I’ll stick to what’s legal”

9. “You have one thing in your favor — everybody hates you.”

10. “Your Honor, with all due respect: If you’re going to try my case for me, I wish you wouldn’t lose it.”


march bar luncheon Louisiana Governor John Bel

Edwards to speak March 23

PLEAsE cOMPLETE This FORM And FAx This EnTiRE PAGE TO ThE BRBA AT (225) 344-4805 By nOOn ThuRsdAy, MARch 17, 2016.

Bar Roll No.__________________________

Name____________________________________________________ Firm__________________________________________

Address_________________________________________________________________________________________________

City ________________________________________________________ State ____________ Zip _______________________

Phone ___________________________________________________ Fax ___________________________________________

Email ___________________________________

❏

Please check applicable affiliation: ❏ BRBA ❏ guest

The BRBA will hold its March Bar Luncheon Wednesday, March 23, 2016, at Ruffino’s Catering at De La Ronde Hall, 320 Third St.

The luncheon speaker will be Louisiana Gov. John Bel Edwards, who was sworn in as Louisiana’s 56th governor Jan. 11, 2016. Gov. Edwards’ political career started in 2008 when he was elected to the Louisiana House of Representatives, representing District 72 in Louisiana’s North Shore region.

Despite being a freshman legislator, he was selected to lead the House Democratic Caucus and also to chair the House Veterans Affairs committee.

He is a 1988 Dean’s List graduate of the United States Military Academy at West Point. While at West Point,

he was chosen by his classmates as the vice chairman of the Honor Committee in Charge of Investigations. After eight years of active duty with the U.S. Army as an Airborne Ranger, culminating with command of a rifle company in the 82nd Airborne Division at Fort Bragg, North Carolina, he went on to graduate Order of the Coif from Louisiana State University’s Paul M. Hebert Law Center.

BRBA members are invited to attend the March Bar Luncheon at Ruffino’s Catering at De La Ronde Hall, 320 Third St. ($30 per member; $40 per guest). Please RSVP to Kelsie Bourgeois

by noon Thursday, March 17, 2016. “No shows” will be invoiced. Cancellations must be made by Thursday, March 17, 2016, at noon. Fax the form below to 225-344-4805 or email it to [email protected].

If paying by credit card, please include the following:

Name on credit card: ___________________________________

Type of card: (circle one): MC VISA AmExpress Discover

Card Number: _________________________________________

Exp. Date: ______________ Security code: __________________

To register for this luncheonand pay by credit card,

go to www.BRBA.org, select the EVENTS tab, then click on LIST

and choose the appropriate meeting.

Louisiana Governor John Bel Edwards

LUNCHEON — YES, register me for the MARCH BAR LUNCHEON at Ruffino’s catering at de La Ronde hall, 320 Third st., which will take place wEdnEsdAy, MARch 23, 2016, at 11:45 a.m. at $30 per BRBA member. Guests who are non-members may attend for $40 per person. sPAcE is LiMiTEd. Please reserve your seat by sending in this form to Kelsie Bourgeois at the BRBA by Thursday, March 17, 2016, at noon. Fax to 225-344-4805 or email to [email protected]. cancellations must be made by noon Thursday, March 17, 2016. “no shows” will be invoiced. Online registration is also available at www.BRBA.org.


tales from the bar sideBy vincEnT P. FORniAs Crash dummy

As a full-time mediator I have learned over the years that my role in any given gathering is a flexible one, depending upon the needs of the moment and the personalities of the parties and their lawyers. It is far from unusual to have to transform from Jack Nicholson to Mr. Rogers in a span of hours or even minutes. Among the roles I’ve played, never have I been confused for a mediation version of “Mr. Bill,” until recently.

Of course, the identities of the parties and their lawyers must be kept secret to protect the incompetent. Just note that the plaintiff’s lawyer, not from Red Stick, was renowned for anger-management issues sprinkled with a good dose of arrogance. That day he drove to our Essen Lane facility with his devoted (and at least second) wife, also a lawyer. Although technically this was her case, the poor woman could not as much as go to the ladies’ room without his consent. “Control freak” does not adequately describe the freakiness of his control. The defense lawyer was a local guy, a well-respected and even-tempered, grizzled vet of many a courtroom tussle. He was this day accompanied by his client’s claim rep,

a nice enough man with a good sense of humor. The case involved an industrial accident where the defendant contractor’s scaffold plank had fallen from above, striking the plaintiff, who thankfully was wearing a hard hat at the time. The damages claimed included issues with the cervical spine as well as some fuzzy traumatic brain injury diagnoses.

We mediated for several hours, past both lunch and the serving of homemade fresh-from-the-oven cookies. We were still considerably apart when I entered the plaintiff’s room with the latest “baby step” offer from the defense, which in fairness was responding to a litany of healthy seven-figure demands from plaintiff’s counsel. After framing the offer the best I could, there followed seconds of uncomfortable silence as the plaintiff’s lawyer’s mandible visibly ground away stressfully into probable TMJ-land. Then he turned to his spouse, instructing her to follow him. Almost as an afterthought, he ordered me along as well.

Without another word, he was pressing the “down” button on our ninth floor elevator. When we alighted at


lobby level, he led a procession to his fancy outfitted van in our parking lot and warned me to stand aside. Then, with the help of his bride, he systematically unloaded one seriously heavy-looking scaffold plank from the rear of his vehicle along with a yellow hard hat. Almost matter-of-factly, he told me to put on the hat.

As mediators we learn to use words and language that send the desired message without escalating an already volatile situation. I will confess to you, dear reader(s), there was no mediator lingo that suitably replaced my reflexive response of, “Not in THIS lifetime, buddy.”

Acting quite pleased with himself that he had presaged my reaction, he then unloaded a heavy cardboard empty banker’s box and placed it on the pavement of the parking lot. As his wife did her best Vanna White imitation, he proceeded to balance the plank vertically on the pavement, then allowed it to tip over with its end crashing onto the box. Houdini was never prouder at the conclusion of any demonstration. After a brief and tactful reminder from me that the last time I checked the Rules of Evidence you still needed substantial similarity of circumstances to put on courtroom accident reconstructions, he brushed me aside and declared that I had five minutes to retrieve the defendants from the ninth floor to witness his masterpiece. Failing that, he declared, he would see them in court. While all this was taking place, his poor client remained ensconced in a conference room, clueless as to the goings-

on outside his window nine stories below. I returned quickly to the ninth floor. Luckily I had

worked many times before with defense counsel, who right or wrong had grown to trust me. I suggested that he and his client look down from their plate glass window, where the lawyer and his spouse were systematically arranging a fresh banker’s box to be massacred. I begged him and his client to say nothing, but to simply follow me downstairs and silently and courteously witness the show. I promised them that their participation in this exercise would soon help me to help them settle their case. And so they did, even as they tried to hold a poker face at the absurdity of the performance.

Soon thereafter serious negotiations commenced. Though the mediation that day was recessed without a final deal, an agreement was reached days later after a few follow-up calls. I was confident that the relatively modest settlement number would have been out of reach had the plaintiff’s lawyer not been allowed to strut his stuff in the parking lot that day. When the ink was dry, defense counsel half-jokingly confided to me that but for the display, they might have paid another $100K to settle the case.

In all subsequent dealings with defense counsel, at just an appropriate time, I have entered his room, stone-faced, and instructed him to “follow me, and don’t say a word.” He knows by now that he won’t get hurt.


teen Court of greater Baton rougeneeds attorneys to volunteer to assist with the program.

To find out more, contact Donna Buuck at 225-214-5556 or [email protected] or R. Lynn Smith Haynes at 225-214-5564 or [email protected].

A curb is the raised edge separating the street from the sidewalk or, used as a verb, to restrain. A curve is a bend or an arc. The words have very different meanings but sound similar, and people frequently confuse them when the words are used in idioms. The biggest culprit is the phrase “ahead of the curve,” which refers to a statistical curve. The high point of the curve is the middle, or average, and if you are on the right side of the curve, you are above average or ahead of the times. The most frequently misused idiom with curb is “curb your enthusiasm.” You’re holding back your enthusiasm, not bending it, so you don’t “curve” your enthusiasm. You also kick people or ideas to the curb when you reject them in a humiliating way; think of throwing them on the street.

EXAMPLES:

Southern was ahead of the curve when it established legal clinics long before the ABA began requiring

practical-skills education.

James had to curb his enthusiasm for the project when he learned how much it would cost.

When they broke up, she felt as if she’d been kicked to the curb.

Send suggestions for future Gail’s Grammar columns to Gail Stephenson at [email protected], or call Gail at 225.771-4900 x 216.

GAiL’S GrAMMAr


editor’s note: Much has been said and written about Cheney Joseph Jr. and all of the “hats” he wore as a lawyer. At one time or another he was the U.s. Attorney, District Attorney, executive Counsel to the Governor, District Court Judge, executive Director of the Louisiana Judicial College, and, of course, a professor at LsU Law school from the early 1970s to the present, and recently its co-dean. Cheney was to give a luncheon presentation to the BrBA and the ad below was published in the February 1991 issue of Around the Bar. we thought it would be a fitting accompaniment to this article. we asked Charles McCowan to give us a more personal perspective.

Cheney C. Joseph Jr.: A personal reflection By chARLEs MccOwAn

I met Cheney when we were in law school in 1965. I was living in the Married Student Apartments at LSU. Cheney was living with his grandparents. He quit law school because he wanted to be an Episcopal priest and didn’t have any money. His mother found him a job through a good friend of hers, East Baton Rouge Parish District Attorney Sargent Pitcher, as an investigator. He stayed there a while until his mother told Sargent Pitcher, “Either fire him, send him to law school or send him to the seminary.” He chose law school and worked at the D.A.’s office. After graduation, he continued to work at the D.A.’s office until Paul Hebert, Dean of the LSU Law School, hired him to teach, which he did until his death, along with all of his other accomplishments.

Cheney was my friend, and he had a great relationship with the lawyers and judges in Louisiana because he taught so many of them.

As many know, Cheney was a runner. He ran after class most days with his running entourage, of which I was one. He always had bad knees, but he never would get surgery because he was waiting for his son Terrell to become an orthopedic surgeon (which he did) so he wouldn’t have to

pay for them. He brought the word “cheap” to a new level. Cheney and Mary, and Mary McCowan and I traveled the world together. I would pay for the plane, hotel, meals and even the newspaper in the morning, and Cheney enjoyed himself because he always thought he was getting it for free. At the end of the trip I would always send Mary a bill for half and she would pay it.

Everyone who knows Cheney knows about his clothes. Cheney AGED his clothes. He wore ties older than himself, often inherited from his grandfather, his uncle, my grandfather and my father. A staple in his tie rotation was a tie my grandfather gave to him in his will: A 1936 Stork Club nightclub tie.

Aside from his quirks, Cheney was my friend, and he left a legacy that will never be forgotten.

cheney c. Joseph Jr. and charles Mccowan

IN MEMORIAM:



Can an employer be vicariously intoxicated under La. C.C. article 2315.4?

By L. AdAM ThAMEs

Damages under Louisiana law have long been viewed as a means by which a party is compensated for a proven injury or loss.1 On the other hand, monetary awards designed to punish or deter reckless conduct, referred to as punitive or exemplary damages, are disfavored under our law and awarded only when expressly authorized by statute or contract.2 Louisiana Civil Code article 2315.4, one of the most contentious punitive statutes, allows for exemplary damages when “[i]njuries on which the action is based were caused by a wanton or reckless disregard for the rights and safety of others by a defendant whose intoxication while operating a motor vehicle was a cause in fact of the resulting injuries.” The plain language of article 2315.4 focuses squarely on the conduct of an intoxicated driver who causes injury. Whether an employer can be held vicariously liable for the exemplary damages arising out of the reckless conduct of its intoxicated employee, however, remains unsettled.

In smith v. Zurich, one of the earliest reported decisions on vicarious liability under article 2315.4, Judge Berrigan of the Eastern District of Louisiana granted an employer’s summary judgment on exemplary damages, holding that article 2315.4’s language “defendant whose intoxication while operating a motor vehicle was a cause-in-fact of the injuries” applied only to the intoxicated employee-driver and not his employer.3

Bourque v. Bailey, a 1996 Third Circuit case, sought to expand the scope of punitive damages under article 2315.4 to those who provided intoxicants to a minor driver. The court found that the “non-driving defendants are not answerable, at least directly, for exemplary damages” and that the driver’s insurer had possibly contractually assumed that responsibility. The court concluded with dicta that “only the intoxicated driver, his insurer and, where applicable, his legal representatives” could be liable for exemplary damages.4 In rivera v. United Gas Pipeline Co., the Fifth Circuit held that “punitive damages, like any other type of negligence, may be imputed to a principal through the acts of its agent.”5 However, that case interpreted article 2315.3, since repealed, which provided for punitive damages for the negligent handling of hazardous substances. To hold

otherwise, according to rivera, would “virtually eliminate punitive damage awards.”6 Though Bourque and rivera did not address vicarious liability of an employer, under article 2315.4 the parallels are obvious.

Subsequently, in Curtis v. rome, the Fourth Circuit held that the employer was vicariously responsible for the damage caused by its employee,

“includ[ing] exemplary damages under . . . art. 2315.4.”7 Thereafter, in Lacoste v. Crochet, the Fourth Circuit acknowledged its previous decision in Curtis, stating that “this Court held that an intoxicated driver’s employer, when held vicariously liable for damages caused by the driver, may be cast for exemplary damages under 2315.4.”8 However, the precedential value of Lacoste is questionable in this instance as the employer focused its appellate arguments on whether the plaintiff proved legal intoxication of its employee rather than challenging vicarious liability for article 2315.4 damages.

Following Curtis and Lacoste, the Louisiana Supreme Court confronted the reach of article 2315.4 in Berg v. Zummo and found that the legislature’s intention was to directly target and punish intoxicated drivers.9 Specifically, the court held that article 2315.4 “does not allow the imposition of punitive damages against persons who have allegedly contributed to the driver’s intoxication” and thus refused to extend liability under article 2315.4, in this instance, to the bartender who served the intoxicants or otherwise contributed to the driver’s intoxication.10 Notably, the court acknowledged previous appellate decisions that found employers vicariously liable for article 2315.4 damages but reserved judgment on that legal issue for another day.11

In Darby v. sentry Insurance Automobile Mutual Co., one of the first appellate court decisions on exemplary damages following Berg, the First Circuit recognized that an employer, as a non-driving defendant, did not fulfill all of the legislatively imposed requirements for liability under article 2315.4.12 Accordingly, the court held as a matter of first impression that even where the employer’s actions are found to be wanton and reckless under a negligent entrustment theory, the employer’s liability did not extend to exemplary damages under article 2315.4.13 While Darby did not directly address an employer’s


vicarious liability for exemplary damages, the First Circuit made clear that it “is not bound by the decision of [the Fourth Circuit Court of Appeal in Curtis and Lacoste] on . . . [the] issue [of indirect liability for punitive damages] and . . . [that the Fourth Circuit’s] conclusion may be contrary to the principle of strict construction of punitive statutes . . . .”14

Vicarious liability for exemplary damages was subsequently analyzed by the Third Circuit in romero v. Clarendon in which a plaintiff alleged that an employee of the defendant trucking company was under the influence of drugs when he caused an accident and resulting injuries.15 The trial court denied the plaintiff’s motion for summary judgment seeking an assessment of exemplary damages against the employer, finding that “art. 2315.4, as a matter of law, is limited in its application to the alleged intoxicated or impaired driver of the motor vehicle.”16 The Third Circuit affirmed the trial court’s ruling, reasoning that “[article 2315.4] is clearly aimed at the offending person’s behavior [i.e., the driver who is intoxicated] and none other.”17 Interestingly, romero goes on to state that the employer’s liability for damages resulting from the employee’s intoxicated state “hinges upon whether it could have prevented [the employee] from driving while under the influence of drugs or alcohol.”18

The language in romero regarding whether the employer could have prevented the employee’s intoxication was limited to the employee’s own negligence and arguably immaterial to the Court’s ultimate ruling on exemplary damages under article 2315.4. However, at least one trial court in the Third Circuit has since relied on that language to distinguish its holding. Specifically, in Favors v. Aaron’s, Inc., the trial court, accepting the petition’s allegations as true, found a cause of action for vicarious liability for exemplary damages under article 2315.4 because the employer of the allegedly intoxicated driver knew or had reason to know its employee was routinely working while under the influence of illegal substances and had certain corporate drug testing policies and procedures in place that, if followed, could have prevented the employee’s intoxicated state and subsequent accident and injury to the plaintiff.19 Though the trial court’s ruling allowed a cause of action for vicarious liability of article 2315.4 damages to survive a judgment on the pleadings, it enhanced the plaintiff’s burden at trial beyond simply proving that the employee was intoxicated and in the course and scope of his employment at the time of the accident. Nevertheless, this ruling was not published, and no appellate court has interpreted Romero in that fashion.

More recently, in Langford v. national Carriers, Inc., Judge Haik of the Western District of Louisiana examined all of the legislative history and preceding opinions on the issue of vicarious liability for exemplary damages under article 2315.4 — including Lacoste, Curtis, Berg and romero — and found that the legislative intent of

the article was to penalize only the intoxicated driver of the motor vehicle, not the employer or any other party.20 Judge Haik expressly rejected Curtis and Lacoste, opting instead to follow the Louisiana Supreme Court’s more recent analysis of article 2315.4 in Berg. Consequently, the court granted partial summary judgment in favor of the employer, finding that “[article 2315.4] is clearly aimed at the offending person’s behavior and none other.”21

The Curtis and Lacoste decisions finding employers vicariously liable for exemplary damages under article 2315.4 have not been overruled, nor have the holdings in Bourque or rivera that arguably allow for exemplary damages to be assessed against a “legal representative” or “principal” of the intoxicated driver, respectively. Moreover, the trial court in Favors distinguished romero and recognized a cause of action for vicarious liability for exemplary damages when the employer allegedly “knew or should have known” or “could have prevented” its employee’s intoxication and resulting accident. Notwithstanding, the more recent trend beginning with the Louisiana Supreme Court’s decision in Berg, followed by Darby, romero and Langford, is to shield anyone other than the intoxicated driver from liability for exemplary damages under article 2315.4.

Until the Louisiana Supreme Court resolves these conflicting decisions, however, an employer’s vicarious liability for exemplary damages under article 2315.4 will remain unsettled. Given the serious injuries that are typically caused by intoxicated drivers and the fact that most liability policies do not insure punitive conduct, the highest court’s resolution of this legal question cannot come soon enough.

1Int’l Harvester Credit Corp. v. seale, 518 So.2d 1039 (La. 1988).2ross v. Conoco, Inc., 02-0299 (La. 10/15/02), 828 So.2d 546, 555.31996 WL 537746 (E.D. La. 1996).493-1657 (La. App. 3 Cir. 9/21/94), 643 So. 2d 236, 240-41.596-0502 (La. App. 5 Cir. 6/30/97), 697 So.2d 327, 336. 6Id.798-0966 (La. App. 4 Cir. 5/5/99), 735 So.2d 822, 826.899-0602 (La. App. 4 Cir. 1/5/00), 751 So.2d 998, 1003-04.900-1699 (La. 4/25/01), 786 So.2d 708, 717-1810Id. 11Id. at n.6. (“We express no view on whether punitive damages can be imposed against a party who is vicariously liable for general damages resulting from the conduct of an intoxicated person, such as an employer.”)1207-0407 (La. App. 1 Cir. 3/23/07), 960 So.2d 226, 234.13Id.14Id. at 226, n.1.1510-338 (La. App. 3 Cir. 12/29/10), 54 So. 3d 789.16romero v. Clarendon Am. Ins. Co., No. 2008-11097-I (5th Jud. Dist. Ct. 8/21/09), 2009 WL 8637959.17romero, 54 So. 3d at 789, 792.18Id. 19No. 2013-4618 (14th Jud. Dist. Ct. 7/21/14). The Third Circuit and Louisiana Supreme Court denied writs, and this legal issue was not appealed. 20No. 12-01280 (W.D. La. February 6, 2015), 2015 WL 518736.21Id. at *3.


bar news

BRBF Law day to take place May 2

Robert Savage will chair the 2016 BRBF Law Day Activities, which will be held Monday, May 2, at the Baton Rouge River Center Theatre. This year’s theme is: “Miranda: More than Words.” Essay, poster and video contests are available for middle and high school students.

The BRBF’s Law Day activities include a formal naturalization ceremony of new American citizens. The program will be followed by interactive sessions with a panel of judges, lawyers and law enforcement officers at the various Baton Rouge courts, and an opportunity for the students to participate in a mock vote. Approximately 1,000 students and their teachers are expected to attend the event.

Contact Donna Buuck at [email protected] or 225-214-5556 to volunteer.

BRBA law student volunteer to be featured in The national Jurist

Brittany Tassin, a 3L student from the Southern University Law Center who volunteers with the BRBA, was recently selected by The National Jurist magazine as one of the top five law students of the year.

Tassin currently serves on the BRBF Teen Court as a jury monitor and on the BRBF Junior Partners Academy, mentoring elementary school students to promote interest in the legal field.

Determined to become a sex-crimes prosecutor, she volunteers as a legal intern for the Sexual Trauma and

district Attorney hillar Moore iii and u.s. Attorney J. walter Green were two of several recipients of 2015 President’s Awards during the Jan. 13, 2016, Bar Leader installation ceremony. Past President Robert J. Burns Jr. presented the awards. Photographed above are (L to R) Moore, Burns and Green.

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Awareness Response organization. Additionally, she is involved with various SULC programs and community organizations, devoting her time to public service.

BRBF to collect plastic Easter eggs and individually wrapped candy for planned Easter egg hunts

The BRBF is accepting donations of plastic Easter eggs, bags of individually wrapped candy or pre-filled eggs with individually wrapped candy. Donated items can be dropped off at the BRBF office, 544 Main St., from March 4 to 18, between 9 a.m. and 4:30 p.m.

The collected plastic eggs and candy will be used for the BRBF Easter Extravaganza, which are Easter egg hunts that are scheduled to take place the week of March 21, 2016, at three local elementary schools that serve underprivileged children. To assist with the hunts, contact Volunteer Committee staff liaison Carole McGehee at 225-214-5557 or [email protected].

Photographed during the Baton Rouge Bar Association’s annual Opening of court, Memorial &

new Member ceremony, which took place wednesday, Jan.

27, 2016, are (L to R) Linda Law clark, Robert h. hodges, Amy

c. Lambert and Robert J. Burns Jr. hodges has practiced law for 65 years and was one of several

lawyers who were honored during the ceremony. clark,

Lambert and Burns are 2016 officers of the BRBA Board of

directors. The ceremony, which was followed by a brief reception,

was held at the 19th Judicial district court in Baton

Rouge, Louisiana.

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Volunteer writers needed to submit substantive legal articles

for publication in future Around the Bar issues.

Contact Pamela Labbe at [email protected] 225-214-5560 for more information.

March Bar Luncheon to feature Gov. John Bel Edwards as the BRBA guest speaker March 23

Louisiana Gov. John Bel Edwards will speak to BRBA members during the March Bar Luncheon at Ruffino’s Catering at De La Ronde Hall Wednesday, March 23, 2016. Seating for the luncheon begins at 11:45 a.m.

To register, complete the luncheon form on page 6 of this issue and fax to 225-344-4805. Contact Kelsie Bourgeois for more information: 225-344-4803 or [email protected]. Online registration is available.

30th Anniversary Law Expo & september Bar Luncheon to take place sept. 8

The BRBA Fall Expo & Conference will take place Wednesday, Sept. 8, 2016, at L’Auberge Casino & Hotel Baton Rouge. This event, which marks the 30th Anniversary of the Law Expo, will be chaired by Bill Kirtland. Pamela Labbe is the staff liaison and can be reached at [email protected] or 225-214-5560.

several BRBA members have found new positions with the Office of the Governor of Louisiana

Several local attorneys are now employed with the Office of the Governor of Louisiana, including Jay Dardenne, Richard L. “Rick” McGimsey, Julie Baxter Payer and Erin Monroe Wesley.

Jay Dardenne was recently named the commissioner of administration and Richard L. “Rick” McGimsey was named general counsel to the commissioner of administration. Dardenne was formerly the Louisiana lieutenant governor, and prior to that, had served as the secretary of state. McGimsey previously served as director of the Civil Division in the Attorney General’s Office.

Julie Baxter Payer was recently named the deputy chief of staff for communications, legal affairs and special projects. Payer worked as a broadcast journalist covering the Capitol for 14 years and served more recently as a communications and legal adviser to the Legislative Auditor.

Erin Monroe Wesley, who formerly was the executive vice president and chief operating officer for the Baton Rouge Area Chamber, was named special counsel for the Edwards administration. She previously worked as general counsel for Mitch Landrieu, when he was lieutenant governor.

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during the Opening of court, Memorial & new Member ceremony, hon. Quintillis Lawrence (left) recited the Pledge of Allegiance and Rolando urbina (right) read passages in memory of BRBA members who passed away in 2015.

Photographed after the BRBA February Bar Luncheon, which took place wednesday, Feb. 17, 2016, are (L to R) Magistrate Judge Erin wilder-doomes, Judge Tarvald smith and BRBA President Jeanne comeaux. wilder-doomes and smith were the guest speakers for the luncheon, which was a combined meeting for the BRBA, Baton Rouge Association of women Attorneys, Federal Bar Association (BR chapter) and Louis A. Martinet Legal society.

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Loren shanklin Fleshman, BRBA Past President Robert J. Burns Jr. and yLs chair Kara B. Kantrow were photographed after the Jan. 27, 2016, Opening of court, Memorial & new Member ceremony. Fleshman and Kantrow helped to organize the event.

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What I’ve learned: Bernard E. Boudreaux Jr. By JOsEPh cEFALu iii

VITAL STATISTICS name: Bernard E. Boudreaux Jr.

Age: Somewhere around 78.5Born: In Berwick, Louisiana

Raised: In Baldwin, LouisianaParents’ occupations: Father — school superintendent; Mother — school librarian

Siblings: Four brothers, one sister — all much youngerMarried to: Dr. Sally Clausen

Children: Two daughters and a son, eight grandchildren, a stepdaughter and stepson,and two step-grandchildren

law School: Graduated from Southwestern Louisiana Institute (ULL for the unannointed),LSU Law School, 1961

The best advice i ever received: Don’t try to change the facts.

The best advice i have given: Never lie to the judge, and do the right thing to the extent that you know what that is at the time you act.

being a lawyer allowed me to learn: What goes around comes around, so it is wise to treat others as you wish to be treated.

i always looked up to: People who are smarter than I, and who use that intelligence to do what they believe is right. There is a large number of those people, including my parents.

Jobs i had as a kid: I worked at a filling station, on a farm baling hay, and at a carbon plant bagging carbon black. College was free, so I bought a used 1952 six-cylinder Plymouth with my pay, the speedometer of which had been considerably turned back, but I could mostly keep it running myself.

what makes me angry: Being stabbed in the back by those whom I have helped, without warning.

i wish: I could be head coach, or at least offensive coordinator, for LSU. I am very well qualified because I have never ever been wrong on Monday.

Books i read: Books on military history, because of the change brought about by wars.

i’d like to be 26 again because: I do not want to be 26 again.

i like new York because: It has everything that any other city has, except Paris and Venice.

Growing up i first wanted to be: A druggist, simply because I knew two. Later I wanted to be an architect, simply because I knew one. I also knew several doctors but because they always hurt me I never aspired to be one.

Turning points in my life have been: (see below)

Turning point 1: After a brief stint at a military academy pursuing an engineering degree, I further pursued that course at SLI, but when I realized that I didn’t much care whether the measure was one erg or one horsepower, I went into history and political science. After accumulating a bunch of hours in algebra, calculus, physics, history and political science, my adviser told me that all I could do with that conglomeration was to go to law school. So I did, and

that steadfast dedication was the beginning of a number of very fortuitous happenings in my life.

Turning point 2: After graduating from law school in 1961, I joined the Judge Advocate Generals Department, Strategic Air Command, U.S. Air Force, and served on active duty for three years. I volunteered for the JAG to avoid the draft and the risk of being shot at. To this day I consider that decision to be one of the best I ever made. As a captain in the Air Force I flew a desk,

PhOTO By PAMELA LABBE


was never shot at and served without incurring any injury whatsoever. I was also the beneficiary of the experience of graduating from law school and being immediately sent into court to try criminal causes, as both a prosecutor and a defense attorney. Being a defense attorney was easier because all the defendants were guilty, and the job then was to mess up the record enough to create a basis for appeal. I was on a small air base, and only two of us tried all the cases. We each got one acquittal during our three-year tenure, and each acquittal was due primarily because the officers on the court didn’t like the officer who brought the charge, and not because the defendant was not guilty, nor due to any skilled oratory by the lawyers. Otherwise, it was difficult to obtain acquittals because the base commander approved the charges for trial, and he also selected the officers to serve on the jury, most of whom were crusty old World War II veterans. Notwithstanding, there was an occasional effort to be fair. I was once sent from my base in northeast Arkansas to Oscoda, Michigan, to defend an Airman Basic who had stolen the base commander’s binoculars, because the on-base lawyers worked for the base commander, and were recused. Note, the jury was not recused. I had a lock cinch unconstitutional search,

but that was quickly brushed aside. That judicial error was compensated for by a light sentence of confinement to the base for only five days. I was also the base claims officer, which mostly involved sonic boom claims, such as causing a mule to bolt, resulting in injury to the farmer who was strapped to the plow the mule was pulling. Another was a claim for a sinking front yard. After the probable cause analysis, the farmer was paid, and the yard claim was denied. As can be seen, being a judge advocate was fun, and I appreciated the fancy sounding appellation.

Turning Point 3: After the Air Force tour I returned to Franklin and the hum-drum of representing banks, sugar farmers, sugar mills and insurance companies, with the law firm of Bauer, Darnell, Fleming, McNulty and Boudreaux.


As might be imagined, I didn’t get rich doing that. Then, the break of my life, I was appointed as an assistant district attorney in 1966 and afforded a regular return to the court room. In those days it was trial by ambush, both in civil and criminal court, and that was great fun. For a while I was the only assistant district attorney in St. Mary Parish and represented the school board, the police jury, handled the grand and petit juries and all misdemeanors and felonies. My boss rarely came to oversee, so I had a great time. In 1981 my boss retired and I succeeded to the office of district attorney in the 16th Judicial District, which included the parishes of Iberia, St. Martin and St. Mary, with a population of about 180,000. I had to run for that office in 1984 and had two opponents. The race lasted eight months and almost killed me. The district was 90 miles long, with a very diverse population. One end wanted blood; the other end wanted mercy. It was the last completely clean political race in my memory, and fortunately I won. Serendipitously, I was unopposed for the rest of my tenure, and retired in 2000. The district attorney’s office grew during the 34 years I was in it with 15-plus years as an assistant, and 18-plus years as district attorney. In the district we had 17 law enforcement agencies, three school boards, three parish governments, six hospitals, and all the other governmental agencies, such as drainage, recreation, water and sewerage districts, all of

which the district attorney represented. One anomaly was that we had the duty to represent the listed agencies, and the revised statutes required us to sue them for violations of the Open Meetings law. A school superintendent once told me he couldn’t run a school board obeying that law. I told him if he didn’t I’d sue him. He didn’t and I did. The case settled. I’d appreciate it if no one reported that to my old and dear friend, Chuck Plattsmier, but the law made me do it! As a result of a more active society and an ever-increasing crime rate, when I retired in 2000, I had 20 assistant district attorneys and no time to try cases. The unfettered authority that is statutorily afforded a district attorney is truly unique in a democracy, and very humbling.

Turning Point 4: In 1985 during my tenure as president of the Louisiana District Attorney’s Association, the first draft of the Louisiana Code of Evidence was presented. The district attorneys abhorred that draft, and Buddy Caldwell, John Sinquefield and I were given the duty to delay its enactment by the legislature until we could reach a compromise as to those parts having to do with criminal law. We were successful, and a compromise was reached in 1988. I thoroughly enjoyed the opportunity to work with Professors George Pugh, Robert Force and Jerry Rault, the three learned professors responsible for drafting the Code.


They were tolerant of my comparative ignorance and patient with our persistent opposition. Jim Boren was a worthy opponent during the three years of debate over the Code, and a strong and lasting friendship ensued. While attending a committee meeting concerning the drafting of Chapter 3 of the Code, Jim and I witnessed a serious debate between Professor Saul Litvinoff and Professors Pugh, Force and Rault. About midway through the meeting I timidly raised my hand as a committee member and moved that the chapter apply only to civil cases. About five minutes later Jim invited me into the hall. With all the courtroom indignation he could muster, and he can muster quite a bit, he said, “You mean to tell me that you don’t want this chapter to apply to criminal cases?” I said, “No.” He asked why. I said, “Because I don’t know what they are talking about.” He said, “I don’t either. I’ll join your motion.” The motion passed, and the first sentence in Chapter 3 is: “This chapter applies only to civil cases.” The moral: If you don’t know the law, exempt yourself from its application.

Turning Point 5: After retirement as district attorney in 2000, I became Gov. Mike Foster’s executive counsel, and what a great experience that was. I had been his father’s attorney, his brother’s attorney, his attorney, his bank’s attorney and his company’s attorney. He trusted me to pursue his projects, and allowed me to handle major issues, such as the state contract negotiations with the New Orleans Saints, the settlement of the 47-year-old East Baton Rouge School desegregation litigation in which he had a serious interest, and the transition of the Edwards’ administration to his. I had the opportunity to be in meetings with President George W. Bush, with whom I spent some time, and even got a ride in the armored presidential limousine and a ride on Air Force One, all complete with pictures. I also got a supersonic ride in an F-15 fighter.

Turning Point 6: When Gov. Foster left office in January 2004, I went to work with Breazeale, Sachse & Wilson, and

my classmate and old friend, Gordon Pugh. I spent 10 enjoyable years there. I left that firm at the end of 2013 in good standing and with best wishes, and am now with Jones, Swanson, Huddell and Garrison, heading the Baton Rouge office. I made the change because I wanted to be deeply involved in the litigation seeking environmental remediation of the Louisiana wetlands, in which this firm specializes. It is an exciting and fast moving practice, and one which I am thoroughly enjoying. I spent a lot of time hunting rabbits and ducks in the marsh, and I saw firsthand what was and is happening there. There is absolutely no alternative to remediating the wetlands lest Louisiana continue to wash away and Arkansas have gulf frontage. Turning Point 7: Finally, by the grace of Professor Cheney Joseph and a generous faculty, I was allowed to teach a criminal law course at LSU Law School for eight years. Cheney and I also presented CLE courses at various seminars for a couple decades. My association and strong friendship with Cheney has been an enormous learning experience and a highlight of my career. His recent death was a tremendous loss to me and a great loss to all of those who practice criminal law. His contributions to the study of criminal law are truly irreplaceable.


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foundation footnotesPRO BOnO & TEEn cOuRT REPORTs—dEcEMBER 2015 & JAnuARy 2016

The Pro Bono Project is financially assisted by the Interest on Lawyers’ Trust Accounts (IOLTA) Program of the Louisiana Bar Foundation; southeast Louisiana Legal services; Franciscan Ministry Fund; Family, District and City Court Filing Fees and the Baton rouge Bar Foundation. Teen Court of Greater Baton rouge is finded by the south Burbank Crime Prevention and Development District and the Baton rouge Bar Foundation. The Youth education Program is financially assisted by the Interest on Lawyers Trust Account (IOLTA) of the Louisiana Bar Foundation. The Future Legal eagles Law Club is funded by a grant from the south Burbank Crime Prevention and Development District.

The Baton rouge Bar Foundation Pro Bono Project would like to thank everyone who volunteered in December 2015 and January 2016. The following donated time and accepted cases in December:

ASK-A-lAWYeR volunTeeRS — Scott Gaspard and Todd Gaudin, On Point Legal, LLC.

Self HelP ReSouRCe CenTeR ATToRneY volunTeeRS — Jennifer Prescott, deGravelles, Palmintier, Holthaus & Fruge; Ryan brown, roedel, Parsons, et al.; Tracy Morganti, Adams & reese; Denise lee, Louisiana workforce Commission; Janeane Gorcyca, Joubert Law Firm; loreal Jackson, The Law Office of LM Jackson, LLC; Gavin Richard; Cynthia Reed, southern University Law Center; steven Adams, Adams Law Office APLC, and Adekunle obebe, eBr Office of Public Defender.

THiRST foR JuSTiCe volunTeeRS —willie Stephens, The stephens Law Firm; Scott Gaspard, and Allen Posey.

THoSe ACCePTinG PRo bono CASeS in DeCeMbeR inCluDeD — steven Adams, Adams Law Office APLC; J. David Andress, Andress Law Firm; Stephen babcock, Babcock Law Firm; sigrid Bonner; Adrejia Boutte, Christovich & Kearney, LLP; Booker Carmichael, The Carmichael Firm; benjamin Chapman, Milling Benson woodward, LLP; George Downing; Arlene edwards, Delatte, edwards & Marcantel; J. Keith friley; Willie Joseph; linda law Clark, Decuir, Clark & Adams, LLP, and victor loraso, Carleton, Loraso & Hebert, LLC.

The following donated time in January:ASK-A-lAWYeR volunTeeRS — James Austin, Adams & reese, and barbara baier, Louisiana Public Defender Board.

THiRST foR JuSTiCe volunTeeRS — fred Crifasi; v. Charles Cusimano, Hebert, spencer, Cusimano & Fry; Scott Gaspard; Deborah Gibbs; hansel harlan, Alliance Title; steven Judice, Keogh, Cox & wilson; Christine lipsey, McGlinchey stafford, PLLC; Renee Pennington,

Volunteer writers needed to submit substantive legal articles for publication in future

Around the Bar issues.

Contact Pamela Labbe at [email protected] 225-214-5560 for more information.

sumpter B Davis III, APLC; and Willie Stephens, The stephens Law Firm.

Self HelP ReSouRCe CenTeR ATToRneY volunTeeRS — steven Adams, Adams Law Office APLC; Ryan brown, roedel Parsons Koch Blache Balhoff & McCollister; Janeane Gorcyca, Joubert Law Firm; lee Higginbotham; Paula ouder; Renee Pennington, sumpter

B Davis III, APLC; Jennifer Prescott, deGravelles, Palmintier, Holthaus & Fruge; Gavin Richard and Greg Rozas.

Thanks to all who volunteered for the BrBF Youth education programs, including Teen Court and the Future Legal eagles Law Club.Teen CouRT RePoRT — Jamie flowers served as judge for the December Teen Court hearing. Professor Paul Guidry, Baton rouge Community College, served as jury monitor. Jamie flowers and Monica vela-vick served as judges for the January Teen Court hearing.

Pamela King and Brittany Tassin, southern University Law Center students, served as jury monitors.

In December, Teen Court defendants and volunteers stuffed more than 150 toiletry packs for the homeless with supplies donated by attorneys and law firms. Curtis nelson served as lead trainer for two Teen Court training sessions in January 2016. Monica vela-vick assisted with the training session Jan. 25, 2016, along with southern University Law Center students lynzee Cannon, Kalyn Garner, Draylan Gant and Brittany Tassin.

In January, Wendy Shea, Monica vela-vick and Courtney Richardson held Junior Partners Academy presentations at Southern university lab School.

THe fuTuRe leGAl eAGleS lAW Club — The club held a monthly meeting Dec. 17, 2015, at the Gardere Inititative, completing its December community service project. The club held its January monthly meeting at the Gardere Initiative Thursday, Jan. 21, 2016.


calendarduty court schedule

*Unless otherwise noted, all meetings will be held at the Baton Rouge Bar office.

For classified or display ad rates, contact Pamela at (225) 214-5560

or email: [email protected]

March 2016

19thJDC CiviL CourtMarch 1-March 4 Judge MorvantMarch 7-March 11 Judge JohnsonMarch 14-March 18 Judge JohnsonMarch 21-March 24 Judge HernandezMarch 28-March 31 Judge Hernandez

19th JDC CriMinAL Court***March 1-March 4 Judge MarabellaMarch 5-March 10 Judge AndersonMarch 12-March 18 Judge ErwinMarch 19-March 24 Judge JacksonMarch 26-March 31 Judge Daniel

BAton rouGE City Court*Feb. 29-March 6 Judge SmithMarch 7-March 13 Judge AlexanderMarch 14-March 20 Judge PonderMarch 21-March 27 Judge ProsserMarch 28-April 3 Judge Temple

fAMiLy Court**March 1 Judge GreeneMarch 2 Judge BakerMarch 3 Judge DayMarch 7 Judge DayMarch 8-9 Judge GreeneMarch 10 Judge Woodruff-WhiteMarch 11 Judge GreeneMarch 14 Judge DayMarch 15 Judge GreeneMarch 16 Judge BakerMarch 17 Judge Woodruff-WhiteMarch 18 Judge BakerMarch 21 Judge DayMarch 22 Judge GreeneMarch 23 Judge BakerMarch 24 Judge Woodruff-WhiteMarch 28 Judge DayMarch 29 Judge GreeneMarch 30 Judge BakerMarch 31 Judge Woodruff-White

JuvEniLE CourtMarch 1-March 31 Judge Taylor-Johnson

classifieds

ongoing: Every Wednesday & Thursday, 3-5 p.m., Thirst for Justice takes place at St. Vincent de Paul.

ongoing: Every Tuesday & Thursday, 10 a.m.-2 p.m., Self Help Resource Center,19th JDC.

1 RCL Portrait Design will be available to take portraits of BRBA members (through March 4)

2 YLS Council meeting, 8:30-9:30 a.m.;

3 Law Day Committee meeting, 12-1 p.m.;

Volunteer Committee meeting, 12-1 p.m.;

4 Easter Eggstravaganza plastic egg and candy collection drive begins. Drop off donations 9 a.m.-4:30 p.m., until 3/18.

7 Law Expo Committee, 8:30 a.m.;

Executive Committee, 8-9 a.m., BSW Teen Court Hearing, LSU Innovation Park, 5:30-8 p.m.

9 Pro Bono Committee meeting, 12 p.m.

12 Ask-A-Lawyer, Bluebonnet Regional Library, 9200 Bluebonnet Blvd., 9:30-11:30 a.m.

14 Publications Committee meeting, 8:30 a.m., Walters, Papillion, Thomas, Cullens, 12345 Perkins Rd., Bldg. One

16 Ask-A-Lawyer, Catholic Charities, 9-11:30 a.m.;

YLS Sidebar luncheon with Justice Jeff Hughes, 11:30 a.m.-1:30 p.m.;

FLS Meeting & CLE, Beausoleil Restaurant, 12-2 p.m.

18 Easter Eggstravaganza meeting, 12 p.m.;

Youth Education Committee meeting, 12 p.m.

21 Easter Egg Hunt;

Teen Court Hearing, EBR Juvenile Court, 5:30-8 p.m.

22 Easter Egg Hunt;

BRBA Board meeting, 12 p.m.

23 March Bar Luncheon, Ruffino’s Catering at De La Ronde Hall, 11:45 a.m. Speaker: Gov. John Bel Edwards

24 Easter Egg Hunt

25 BRBA Office Closed—Good Friday

NOTE: Duty Court changes at 5 p.m. each Friday unless otherwise specified. *City Court’s Duty Court schedule changes each Monday at 8 a.m. **Family Court’s Duty Court schedule is completely different each day, rotating on Fridays ***19th JDC Criminal Court changes each Friday at noon.

Court hoLiDAy Friday, March 25 Good Friday

offiCES for LEASE: Great location with individual offices, confererence room and upfront receptionist. 4609 Bluebonnet Blvd., Ste. A — call Chad at 225-757-9484 or email: [email protected].

BAton rouGE offiCE SPACE: Established firm; 201 Napoleon St., Downtown near 19th JDC and Federal courthouses, area for support staff, off-street parking, conference room, copier, phone, fax, Internet, etc. Some over-flow work available.Call Scott Gegenheimer: 225-346-8722.

Join thE LAW EXPo CoMMittEE:The BRBA Law Expo Committee plans the annual Fall Expo & Conference, which takes place along with the September Bar Luncheon. This year’s event will be held Sept. 8, 2016, at L’Auberge Casino & Hotel Baton Rouge. Contact Pamela Labbe for more info.: 225-214-5560 or [email protected].

voLuntEEr to hiDE EGGS! Contact Carole McGehee if you’d like to help the BRBA Volunteer Committee and Easter Eggstravagana Committee hide candy-filled plastic Easter eggs for local school children. Easter egg hunts will take place the week of March 21, 2016. Don’t delay; get hoppin’ today! Carole can be reached at 225-214-5557 or [email protected].

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Baton Rouge Bar AssociationP.O. Box 2241Baton Rouge, LA 70821

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