to download - Baton Rouge Bar Association

Bar Luncheon: 

Thursday, Nov. 8 

Inside: 

Cyberbullying 

RICO: Establishing a pattern 

of racketeering activity 

What I’ve learned: 

Judge Robert Burns Sr. 

Youth Education 

on Honor Roll 

BRBF Youth Ed Initiatives 

receive national recognition

CLE 

BY THE HOUR 

*Ethics; **Professionalism, ~Law Offi ce Management 

Please check your requested seminars. 

Thursday, Dec. 6, 2012 

TIME CREDIT TOPIC PRESENTER 

8-9 am 1.0 Medicare Set-Asides in Liability Cases: 

To Use or Not To Use Karen D. Murphy 

9:10-10:10 am 1.0 Personal Injury Cases from the Insurance 

Company Perspective Joel Murphy 

10:20-11:20 am 1.0 Professionalism** Judge Jay Zainey 

11:30am-12:30 pm 1.0 ERISA: The Ins and Outs of Benefi t Claims and 

Fiduciary Duties 

Christopher G. Morris 

1:40-2:40 pm 1.0 Lost Chance of Survival Actions Under 

Louisiana Law 

James D’Entremont 

2:50-3:50 pm 1.0 Lost Profi ts and 

Forensic Accounting Jason MacMorran 

4:00-5:00 pm 1.0 Law Offi ce Management: 

iPads for Lawyers~ Joe Mulenex 

5:15-6:15 pm 1.0 Workers’ Comp Update Charles Davoli 

6:20-7:20 pm 1.0 Ethics* Franz Borghardt 

7:30-8:30 pm 1.0 Professionalism: 

Diversity Issues** 

Deborah Love 

Friday, Dec. 7, 2012 


8-9 am 1.0 Ethical Considerations in Real Estate 

Transactions* 

Clay Tanner 

9:10-10:10 am 1.0 Professionalism** Judge John M. Guidry 

10:20-11:20 am 1.0 Buying and Selling a Business David S. Gunn 

11:30am-12:30 pm 1.0 Criminal Law Kurt Wall 

1:40-2:40 pm 1.0 Social Security Disability: 

The View from the Trenches Vijay Venkataraman 

2:50-3:50 pm 1.0 Ethics: Confl icts of Interest – Recent 

& Noteworthy Cases* Ryan M. McCabe 

4:00-5:00 pm 1.0 Professionalism: 


Lacrecia Cade 



8-9 am 1.0 How Lease Provisions Impact Purchase 

Agreement Requirements Randy Roussel 

9:10-10:10 am 1.0 Successions Joe Mengis 

10:20-11:20 am 1.0 Ethical Considerations for Using 

Social Media in Litigation* Aaron Chaisson 

11:30am-12:30 pm 1.0 Professionalism: 


Chauntis Jenkins 

& Todd Manuel 

1:40-2:40 pm 1.0 Year-end Tax Planning Ralph Stephens 

2:50-3:50 pm 1.0 E-Discovery Michael Richmond 

4:00-5:00 pm 1.0 TBA Michael Palmintier 

CLE BY THE HOUR 2012 AT THE CROWNE PLAZA HOTEL 

LOCATION: Crowne Plaza Hotel, Baton Rouge, La. — 4728 Constitution Ave. 

EARLY REGISTRATION: $30/hr. for BRBA members; $45/hr. for non-members by 5 p.m., Monday, Nov. 19, 2012. 

REGULAR REGISTRATION: $45/hr. for BRBA members; $60/hr. for non-members after 5 p.m., Monday, Nov. 19, 2012. 

LATE REGISTRATION: $55/hr. for BRBA members; $70/hr. for non-members beginning Dec. 5, 2012. “No Shows” will 

be billed. To be considered registered, both payment and registration must be received by the BRBA offi ce. It is the policy 

of the BRBA CLE Committee that no refunds will be given for cancellations received within 48 hours prior to each seminar. 

Time is allowed for lunch on your own each day from 12:31 to 1:39 p.m. Wireless access is available in the meeting room. 

Materials will be made available online in advance of the seminar. Register online at www.BRBA.org. 



8-9 am 1.0 Business Valuation Update Ed Tatum 

9:10-10:10 am 1.0 Recent Developments in 

Employment Law 

Betty Burke Uzee 

10:20-11:20 am 1.0 Ethics* Richard Lemmler 

11:30am-12:30 pm 1.0 New Procedures in Adjudications before the 

Div. of Administrative Law Ann Wise 

1:40-2:40 pm 1.0 Louisiana Governmental Ethics & the Rules of 

Professional Conduct: Road Maps, Overlaps, 

Underlaps and Collisions* Richard A. Sherburne Jr. 

2:50-3:50 pm 1.0 Professionalism** Kelly McNeil Legier 

4:00-5:00 pm 1.0 Family Law H. Michael Aaron 



8-9 am 1.0 Court Rules Preston J. Castille Jr. 

9:10-10:10 am 1.0 Professionalism: What Would 

Atticus Do** 

Jeff Wittenbrink 

& Amy Counce 

10:20-11:20 am 1.0 Subpoenas – Part I Dennis Blunt 

11:30am-12:30 pm 1.0 Subpoenas – Part II Laranda Walker 

1:40-2:40 pm 1.0 Impact of Trial Technology Robert Bettler 

2:50-3:50 pm 1.0 Managing Your Practice: 

60 Apps in 60 Minutes~ David Ogwyn 

4:00-5:00 pm 1.0 Ethics of Multi-jurisdictional 

Practice* 

Eric Miller 



8:00-9:00 am 1.0 Ethics* TBA 

9:10-10:10 am 1.0 Current Trends & Issues 

in Adoptions 

Todd Gaudin 

10:20-11:20 am 1.0 Managing Banking 

Relationships~ 

Jim Schnieders 

11:30am-12:30 pm 1.0 Oil & Gas 101 Keith B. Hall 

1:40-2:40 pm 1.0 AG Opinion Process & the AG Process for Approving 

Contracts for Special Counsel Richard L. McGimsey 

2:50-3:50 pm 1.0 Public Records Law Emalie Boyce 

4:00-5:00 pm 1.0 Professionalism** TBA 

THREE WAYS TO REGISTER: (1) REGISTER AND PAY ONLINE by credit card at www.brba.org; (2) MAIL this entire page, along with your payment, to: 

BRBA, P.O. Box 2241, Baton Rouge, LA 70821; or (3) FAX registration form and credit card information to 225-344-4805. 

I am registering for _______ hours @ _____________ per hour = $___________ Total amount due 

Name: _________________________________________________ Firm: _________________________________________ Bar Roll #: _________________ 

Address: ___________________________________________________________City: ______________________________State: _______ Zip: ____________ 

Phone: ________________________________Fax: ____________________________________ Email: ____________________________________________ 

Credit Card Account No.: ______________________________________ Expiration: __________________Type of Card: (circle one) MC VISA AmEx Discover 

Security Code: ________________ Name on Card: ______________________________________________________________________________________ 

2 Around the Bar 

November 2012

inside 

NOVEMBER 2012 

4 Contributors 

5 Letter from the president 

“Brimming with pride” BY GAIL S. STEPHENSON 

6 Bar luncheon 

7 Opinion 

“Police can stop you for having a license plate bracket on your car” 

BY BEAU JAMES BROCK & RIKKI WEGER 

On the cover: 

The cover photo features the 2012 chairpersons behind the four 

committees that together earned the ABA Partnership Award, 

which was presented to the Baton Rouge Bar Foundation for 

its Youth Education Initiatives and was accepted by Preston J. 

Castille Jr., Gail S. Stephenson and BRBA Executive Director Ann 

K. Gregorie at an awards ceremony in Chicago this summer. 

Photographed in front of the law office of Jill L. Craft, Attorneyat-Law, 

in downtown Baton Rouge are (L to R) Weldon Hill II 

(chair of the Teen Court of Greater Baton Rouge); Beau James 

Brock (chair of the Law Day Committee); Wendy Shea (chair of 

the Youth Education Committee); and Lauren Byrd Reed (chair 

of the Mock Trial Committee). 

Cover photography by Pamela Labbe. 

10 Tales from the bar side 

“Boone-doggle” BY VINCENT P. FORNIAS 

12 “RICO: Establishing a pattern of racketeering activity” 

BY JOHN McLINDON 

14 “Growing up is hard, but bullies make it even harder” 

BY COREY J. BOURGEOIS, EnCE 

17 What I’ve learned 

“Judge Robert Burns Sr.” BY EDWARD WALTERS JR. 

19 Bar news 

21 Gail’s grammar 

23 West’s Jury Verdicts – Baton Rouge 

24 Slate of nominees: BRBA Board of Directors 

25 Slate of nominees: Young Lawyers Section Council 

26 Foundation footnotes 

Act 861 was passed to combat cyberbullying. 

See article on pages 14 and 15. 

November 2012 Around the Bar 3

contributors 

Corey J. Bourgeois, EnCE, is a certified computer forensic examiner 

and manages the computer forensic lab for the Attorney General’s 

High Tech Crime Unit. He also serves as the Internet Crimes Against 

Children (ICAC) Commander of Louisiana. 

Beau James Brock, an associate in the law firm of Manasseh, Gill, 

Knipe & Bélanger, is a contributing writer. 

Robert “Bubby” Burns Jr., a partner with Perry, Atkinson, 

Balhoff, Mengis & Burns, LLC, is a contributing writer. 

Vincent P. Fornias, an assistant editor of Around the Bar, is a solo 

practitioner whose practice focus is alternative dispute resolution. 

John McLindon, a partner with the firm Rainer, Anding 

& McLindon, is a member of the Publications Committee. 

Pamela Labbe is the communications coordinator 

of the Baton Rouge Bar Association. 

Ashley Seals, the Baton Rouge Bar Association fall 2012 

public relations intern, is a contributing writer. 

Gail S. Stephenson, an assistant editor of Around the Bar and 

the 2012 BRBA president, is the director of legal analysis and writing 

and an associate professor of law at Southern University Law Center. 

Edward J. Walters Jr., a partner with Walters Papillion 

Thomas Cullens LLC, is the editor of Around the Bar. 

Rikki Weger, a former law clerk with Manasseh, 

Gill, Knipe & Bélanger, is a third-year law student 

attending the LSU Paul M. Hebert Law Center. 

Published by the Baton Rouge Bar Association 

P. 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. 

OFFICERS 

Gail S. Stephenson, President....................771-4900, ext. 216 

Michael S. Walsh, 

President-elect ...........................................................344-0474 

Darrel Papillion, Treasurer .............................................236-3636 

Robert “Bubby” Burns Jr. , Secretary ..........................767-7730 

Preston J. Castille Jr., Past President ..........................387-3221 

DIRECTORS AT LARGE 

Shelton Dennis Blunt 

Linda Law Clark 

Jeanne Comeaux 

Karli Glascock Johnson 

Amy C. Lambert 

Eric R. Miller 

Wendy L. Edwards, Ex Officio 

Henry Graham, Ex Officio 

Jamie Hurst Watts, Ex Officio 

ABA DELEGATE 

Jack K. Whitehead 

APPELLATE SECTION 

Susan Kalmbach .......................................................................Chair 

BANKRUPTCY SECTION 

Erin Wilder-Doomes ................................................................Chair 

CONSTRUCTION LAW SECTION 

Adrian Nadeau ..........................................................................Chair 

Jason Bonaventure......................................................... Past chair 

FAMILY LAW SECTION 

Wendy L. Edwards ...................................................................Chair 

Thomas Hessburg .........................................................Chair-elect 

Melanie Walters Chatagnier .........................................Secretary 

Laurie Marien ................................................................... Past chair 

PUBLIC LAW PRACTICE SECTION 

Henry Graham ..........................................................................Chair 

Leonore Heavey ............................................................Chair-elect 

Christopher K. Odinet ....................................................Secretary 

Stephanie LaGrange .........................................................At Large 

Lyla DeBlieux ................................................Judicial Branch Rep. 

Danielle Clapinski ...................................Executive Branch Rep. 

Dawn Watson .........................................Legislative Branch Rep. 

Kimberly Robinson .................................. Private Attorney Rep. 

Cynthia Childress Bohrer ...................Local Government Rep. 

VACANT ..................................................... Attorney General Rep. 

Nina Hunter ...................................................................... Past chair 

WORKERS’ COMPENSATION SECTION 

Robin L. Krumholt .............................................................Co-Chair 

Debra T. Parker ...................................................................Co-Chair 

Michelle M. Sorrells ..........................................................Co-Chair 

Judge Pamela Moses-Laramore 

YOUNG LAWYERS SECTION OFFICERS 

Jamie Hurst Watts, Chairman ......................................922-5110 

Scotty Chabert, Chairman-elect .................................771-8100 

Laranda Moffett Walker, Secretary ........................... 376-0266 

Amanda Stout, Past Chair .............................................382-3693 

YOUNG LAWYERS SECTION COUNCIL 

Jodi Bauer 

Kara Bergeron Kantrow 

Scott Levy 

Loren Shanklin 

Victor J. Suane Jr. 

BATON ROUGE BAR ASSOCIATION STAFF 

Ann K. Gregorie, Executive Director 214-5563 

Donna Buuck, Youth Education Coordinator 214-5556 

Emily Chambers, Pro Bono Coordinator 214-5558 

Meredith French, Administrative Assistant 344-4803 

R. Lynn S. Haynes, Asst. Teen Court Coordinator 214-5564 

Robin Kay, Pro Bono Coordinator 214-5561 

Susan Kelley, Office Manager 214-5559 

Pamela Labbe, Communications Coordinator 214-5560 

Carole McGehee, Lawyer Referral Coordinator 214-5557 

Julie Ourso, Bookkeeper 214-5572 

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 2,000 words, typed and single-spaced. A Microsoft Word file should be e-mailed as an attachment to: 

pamela@BRBA.org. 

For advertising information call Pamela Labbe at 225-214-5560. Display ads should be e-mailed as a high-resolution attachment as a 

.PDF, and classified ads as text only. 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 pamela@BRBA.org. 

PUBLICATIONS COMMITTEE 

Editor: Edward J. Walters Jr.— 236-3636 

Asst. Eds.: Vincent P. Fornias — 769-4553 

Gail S. Stephenson — 771-4900, ext. 216 

Graphic Design / Ad Sales: Pamela Labbe — 214-5560 

Robert Collins 

Lani Durio 

Rachel Emanuel 

Greg Gouner 

Grant J. Guillot 

Lexi Holinga 

Kate Bailey Labue 

Dale Lee 

John McLindon 

Christopher K. Odinet 

Jessica Orgeron 

Darrel Papillion 

All Rights Reserved • Copyright ©2012 

Gracella Simmons 

Katie E. Sumner 

Art Vingiello 

Jeff Wittenbrink 

Robert A. Woosley 

Monika Wright 


November 2012

letter from 

the president 

BY GAIL S. STEPHENSON 

Brimming with pride 

PHOTO BY PAMELA LABBE 

I know that pride “goeth before a fall” and that it’s one of the seven deadly sins — but I just can’t help 

myself. I’m proud of the Baton Rouge Bar Association. 

The BRBA and its members have a history of winning awards from the American Bar Association, the 

Louisiana State Bar Association and the Louisiana Bar Foundation. At the beginning of the year I thought 

that if we won three awards, I could write a column titled, “Hat Trick.” But we’ve far surpassed that. 

Shelby McKenzie was named the Bar Foundation’s Distinguished Attorney 

for 2012. Our Young Lawyers Section won the LSBA Service to the Bar Award 

with its 50 Billable Hours Project. The LSBA was impressed enough by the 

project to award a subgrant to cover the cost of awards. The LSBA also 

awarded a subgrant to the BRBA so that we could put a previous Service to the 

Bar winner, “The New (and Not-So-New) Lawyers’ Survival Guide,” on flash 

drives to give to new attorneys. And the LSBA chose Amanda Stout as Young 

Lawyer of the Year. 

BRBA members have also garnered awards for their public service and pro 

bono work. In competition with attorneys from across the state, Mac Womack 

won the LSBA Leah Hipple McKay Volunteerism Award, and Garth J. Ridge 

won the LSBA David A. Hamilton Lifetime Achievement Award. The LSBA 

also gave Pro Bono Publico Awards to Baton Rouge office of Adams and Reese 

LLP, Scott P. Gaspard, Melanie Newkome Jones, Byron R. Kantrow and Emily 

Ziober. Judge Melvin Shortess and Ken Mayeaux were honored with the LSBA 

Century Club award for 100 hours of pro bono work in one year. And the 

LSBA just announced that John Pierre and Mike Walsh have won 2012 Crystal 

Gavel Awards as “unsung heroes” in our community. 

Gail S. Stephenson 

Our biggest award so far this year was the ABA Partnership Award, which 

the BRBA received because of its youth education program. Preston J. Castille 

Jr. and I went to Chicago this summer to receive the award at the ABA Annual Meeting. The award was a real 

triumph for the BRBA; only one other bar association, the New York State Bar, was selected for the award. 

One key component in our youth ed program is the Junior Partners Academy, which Preston began 

during his presidency. In Chicago, Preston spoke to representatives of bar associations from all over the 

country about how they could replicate the Junior Partners Academy in their cities. It’s Preston’s dream that 

one day every child will have the opportunity to learn about the law at an early age through the positive 

role models that are provided by the JPA. Winning this award provided a forum to publicize and expand the 

program. 

But the JPA wasn’t the only reason we won the award. The BRBA currently has programs that affect 

students from second grade through high school. For example, BRBA members gave presentations on 

Constitution Day (an activity that should earn the Paul Baier stamp of approval) to elementary school 

students at Southern Lab and to high school students at Belaire High. BRBA members interact with, teach, 

and serve as role models to students through Teen Court, Law Day, Mock Trial, Junior Partners Academy 

and Lawyers in the Classroom. It takes a lot of hard work to pull all this together, but the committee chairs, 

their committee members, our many volunteers, and Donna Buuck and Lynn Haynes, the staff liaisons, make 

it all happen. 

The BRBA was able to win these awards because we have a vibrant, involved bar. We have a record 

number of members – more than 2,600, which isn’t bad for a voluntary bar. Our most recent event, Belly Up 

with the Bar, which raises funds for your youth ed programs, was a great success at its new venue due to the 

hard work of our Young Lawyers Section. 

Aristotle said that rational pride in oneself, and in one’s moral character, when earned, is the “crown of 

the virtues.” BRBA members have every reason to be proud of our organization. We’ve earned it. That’s why 

I’m brimming with pride. 


november bar 

luncheon 

Speaker: Justice Catherine 

“Kitty” Kimball 

The BRBA will hold its November 

Bar Luncheon beginning at 11:45 

a.m. Thursday, Nov. 8, 2012, at the 

Baton Rouge Marriott, 5500 Hilton 

Ave. Louisiana Supreme Court Justice 

Catherine “Kitty” Kimball will serve 

as our luncheon speaker. 

During the luncheon, the American 

Bar Association Partnership Award 

will be presented to the chairs of 

the Baton Rouge Bar Foundation’s 

2012 youth education initiative 

committees: Weldon Hill II (chair of 

Teen Court of Greater Baton Rouge); 

Beau James Brock (chair of the Law 

Day Committee); Wendy Shea (chair of the Youth 

Education Committee); and Lauren Byrd Reed (chair 

of the Mock Trial Competition Committee). 

Belly Up with the Bar winners will be recognized 

during the luncheon. The BRBF fundraiser was held 

Sept. 28, 2012, at Live Oak Arabian Stables. 

The Baton Rouge Legal Scholarship 

will be presented to two law student 

recipients – Sherry Sanders of Southern 

University Law Center and Joshua Tyler 

Wood of the LSU Paul M. Hebert Law 

Center. In addition, the Baton Rouge 

Association of Women Attorneys 

(BRAWA) will present scholarships. 

Admittance to the bar luncheon is $35 

per BRBA member and $45 per non- 

BRBA member. We accept payment 

in advance and at the door. All major 

credit cards are accepted. 

Justice Catherine “Kitty” Kimball 

Three ways to register: (1)Register online 

at www.BRBA.org; (2) fax this form to 225-344-4805 

before 4:30 p.m. Friday, Nov. 2, 2012; or (3) mail 

this form with your check payable to the BRBA, P.O. 

Box 2241, Baton Rouge, LA 70821. 

Please check all appropriate options below and fax this entire page to the BRBA, (225) 344-4805, by 4:30 p.m. Friday, Nov. 2, 2012. 

Bar Roll No.__________________________ 

Please check applicable boxes: ❏ BRBA member ❏ non-member 

Name____________________________________________________ Firm___________________________________________ 

Address_________________________________________________________________________________________________ 

City ________________________________________________________ State ____________ Zip _______________________ 

Phone ___________________________________________________ Fax ___________________________________________ 

Email ___________________________________ 

❏ 

LUNCH — YES, register me for the NOVEMBER BAR LUNCHEON at the BATON ROUGE MARRIOTT (5500 Hilton Ave.), which will take place THURSDAY, 

NOV. 8, 2012, at a cost of $35 per BRBA member, and $45 per nonmember. Lunch will be served at 11:45 a.m. Reservations may be transferred, but not 

canceled, after 4:30 p.m. Friday, Nov. 2, 2012. “No shows” will be billed. 

To register for this luncheon online 

and pay by credit card, 

go to www.BRBA.org, 

select the EVENTS tab, then click on LIST 

and choose the appropriate event. 

If paying by credit card, please include the following: 

Name on credit card_________________________________ 

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

Card Number:______________________________________ 

Exp. Date: ___________________ Security code: _________ 


November 2012

opinion 

BY BEAU JAMES BROCK & RIKKI WEGER 

LSU and Southern University fans, proud parents of 

United States Air Force Academy students and passionate 

Dodge owners have cause for concern: their license 

plate brackets. The license plate bracket is a common 

automotive accessory that frames front or rear license 

plates. Dealerships place them on their vehicles as a form 

of advertisement and many people use them to show 

support for their local school or cause: Geaux Tigers! 

Recently, police officers have made use of these 

brackets as well, using them as independent justification 

to execute a traffic stop. Technically, a bracket that covers 

any portion of the license plate is illegal under La. R.S. 

47:507, which states: “Every permanent registration 

license plate shall at all times be securely fastened … in 

a place and position to be clearly visible, and shall be 

maintained free from foreign materials and in a condition 

to be clearly legible.”Although Louisiana courts have not 

upheld stops based solely upon license plate violations, 

they have indicated, in dicta, that they would do so if 

presented with such a case. 1 This future is not far-fetched 

or unrealistic; the federal district courts in Kansas already 

Police can stop you for having a 

license plate bracket on your car 

routinely uphold traffic stops based solely on partially 

obstructed license plates. 2 

Due to the compelling need to interdict illegal 

trafficking of narcotics, United States courts have 

allowed this sort of hyper-technical regulatory violation 

as a judicially adequate rationale for the predicate to 

stop and then search a vehicle for drugs. This, in turn, 

has cascaded into the elimination of the deterrence of 

police misconduct, the raison d’etre for the exclusionary 

rule, and police officers have been given carte blanche 

to pull motorists over based on the most minor of traffic 

infractions, including having a license plate bracket on 

your car. This unfettered power has given rise to a police 

sub-culture that encourages unnecessary traffic stops in 

hopes of uncovering huge quantities of illegal narcotics. 

These stops are de facto shake downs in the worst sense. 

In Whren v. United States, 3 the United States Supreme 

Court ruled that subjective intentions play no role in 

ordinary probable cause analysis. For these stops to pass 

constitutional muster, the officer need only have probable 

cause to believe that a traffic violation, of any level of 


severity, did occur. 

Before we go much further, it should be noted that 

judges are not beyond public scrutiny. Sandra Day 

O’Connor herself said in a recent article, “I should note 

what judicial independence is not: It is not immunity from 

criticism. Indeed, criticism of courts can be a good thing 

when it is evidence that the public is engaged with the 

work of the courts and following legal developments.” 4 

So with the blessing of the first female Supreme Court 

justice, we continue our critique of a recent judicial trend. 

As Patrick Henry said, if this be treason, make the most 

of it. 5 

Do judges decline to suppress evidence in narcotics 

cases simply because “it’s just too much dope” If so, to 

whom can citizens turn for a check on the abuses of power 

that inevitably arise from granting the police unlimited 

discretion Do these stops square with the plain words 

or spirit of our Constitution We maintain that stops 

like these are unreasonable and founded upon fictitious 

subterfuges conjured up by drug-interdiction-task-forces 

to justify what, in actuality, are fishing expeditions. 

The case law is clear that although a police officer 

may stop a vehicle for a traffic violation when his true 

motive is to conduct a narcotics investigation, the officer 

still must have probable cause to make the initial stop. He 

is not permitted to abuse the Whren principle, using it to 

justify the recovery of contraband 

after what was in fact an illegal 

stop and search. 

Additionally, a stop based 

solely on a license plate bracket 

“violation” is indicative of 

operational “overkill.” This 

selective enforcement of traffic 

regulations is improper. In Baton 

Rouge courts, officers have 

actually testified, “It’s against the 

law to have a foreign object bolted 

to the license plate, as far as I was trained.” Officers are 

not pulling over every car with this “violation;” instead, 

they are using this benign offense to justify pulling over 

profiled vehicles after a search of the vehicle has turned 

up illegal narcotics. This interpretation of the law cannot 

be accurate as it would subject millions of Louisiana 

citizens to traffic stops and citations. Police misconduct 

and improper officer training must be called to an end by 

Louisiana courts. 

How many people are needlessly stopped by druginterdiction-task-force 

members every night We know 

from in-court testimony that officers are looking for 

vehicles with certain “indicators.” 6 They are trained to 

stop these “suspicious” vehicles until they find one carrying 

drugs. “Occasionally” officers write tickets to the owners 

of vehicles they stop. We take this to mean that officers 

rarely issue a ticket if no drugs are found. These stops 

only serve to interfere with and harass innocent motorists 

who happen to conform to the profiles police learned in 

their training. The Court in United States v. Freedman 7 

succinctly highlights the problem with this procedure: 

Although it is true that illegal narcotics were obtained 

as a result of each of the searches in the above-referenced 

cases, we must remain mindful of our duty to ensure that 

traffic stops and subsequent searches are conducted in 

accordance with Fourth Amendment guarantees, and that 

The Young Lawyers Section 

Holiday Star Project 

Sign up to sponsor a child. Please fill out the 

form below and fax it to the Bar office 

at (225) 344-4805. 

Name: ________________________________________________________________________________________ 

Firm: _________________________________________________________________________________________ 

Address: ______________________________________________________________________________________ 

City: ________________________________________________________ State: _________ Zip: _______________ 

Phone: _______________________________________ Fax: ___________________________________________ 

Email: _____________________________________________ # of stars you wish to sponsor: _______________ 

The Baton Rouge Bar Foundation will mail your star and child’s wish list directly to you, 

along with instructions. Should you have any questions, call Susan Kelley at (225) 214-5559. 


November 2012

we do not succumb to the temptation of allowing the end 

to justify the means: “It is not difficult to imagine … that 

innocent persons traveling along [the interstate] … have 

been stopped and subsequently searched simply because 

they were traveling in a ‘target’ vehicle.” 8 

We all agree that the Fourth Amendment should apply 

to all citizens, regardless of their race, creed or color. Should 

it not apply equally regardless of travel route, license plate 

or vehicle color as well The Fourth Amendment should 

not be discounted in order to “justify results.” In United 

States v. Mesa, the court explained: 

Although there is always temptation in 

cases of this nature when a substantial quantity 

of drug and firearms are found to let the end 

justify the means, it must be remembered that the 

courts only see cases in which the conduct of the 

officer resulted in contraband being found. If the 

officers had found no drugs in the defendant’s car, 

obviously we would not even know that this traffic 

stop had ever occurred. Therefore, we must accept 

that courts will always be “thwarting” what some 

may view as a good piece of police work when 

a motion to suppress is granted in cases of this 

nature. Notwithstanding the importance of drug 

interdiction, however, we are still charged with the 

responsibility of seeing that the interdiction occurs 

without the Constitution being violated. 9 

Continuing, the Mesa decision outlined other pressing 

concerns, warning against “fishing expeditions” designed 

to locate contraband. The Court cautioned: 

[W]e gave the green light to police officers to stop 

vehicles for any infraction, no matter how slight, 

even if the officer’s real purpose was to hope that 

that narcotics or other contraband would be found 

as a result of the stop. … [Since] we have extended 

this authority to the broadest extent possible, … 

we have a duty to see that the authority is not 

abused. 10 

Prosecutors must diligently screen cases, ferreting out 

those in which police may have utilized improper tactics. 

Defense attorney must zealously argue on behalf of their 

clients, creating a record of questionable police tactics. 

And, most importantly, judges must protect the Fourth 

Amendment for all citizens. 

It seems all too easy to quick-kick to the next level 

of review instead of making these difficult decisions. 

Resolving suppression problems is made more difficult 

when taking into account the societal evils drugs can 

spawn. However, it is a mistake for law enforcement 

to think: “I’ll let the prosecutor deal with it now, that’s 

why he went to law school.” The buck then passes to 

the prosecutor, who may choose to thinly review the file 

and charge the defendant. All too often those prosecutors 

operate under the assumption that it’s the defense attorney’s 

job to worry about violations of the Fourth Amendment. 

What, then, if defense attorneys fail to challenge factually 

incredulous interdictions, surrendering to the belief that 

this judge “just doesn’t suppress dope” No district court 

judge relishes the opportunity to suppress stops which 

yield large quantities of dope. But, if they too surrender 

the Constitution to improper police tactics they are falling 

victim to the same flawed logic that spawned the problem 

in the first place. 

In the criminal justice system, we must hold every 

offender accountable for his or her actions. They have 

chosen to violate our community’s code of conduct. 

Nevertheless, we are obligated to choose rightly and do our 

part to protect the Fourth Amendment. And if it appears to 

judges and the bar at large to have been reduced to the ¼ 

Amendment, 11 we must aver to each, individually, preserve 

and protect it. For us, it is the oath we live every day and 

cannot rely upon others to do it for us. Large drug busts 

can put us in morally challenging third and long situations. 

But no attorney or judge should ever quick-kick; instead 

we should break our huddle and do everything we can to 

reach another first down for justice. 

1 

U.S. v. Martin, 679 F. Supp. 2d 723 (W.D. La. 2009)(suppressing evidence 

on other grounds but stating that a violation of La. R.S. 47:507 gave 

reasonable suspicion for an initial stop); State v. Pena, 43,321 (La. App. 

2d Cir. 7/30/08), 988 So.2d 841 (holding a stop based on licence plate 

obstruction, illegal window tint and seatbelt violations was warranted); 

State v. Shapiro, 98-1949 (La. App. 4th Cir. 12/29/99) (holding a stop 

based on “tailgating” or following too closely was valid). 

2 

See, e.g., U.S. v. Paez, 2009 WL 1739907 (D. Kansas 2009) 

(unpublished). 

3 

116 S.Ct. 1769 (1996). 

4 

Remarks prepared for the 2011 American Inns of Court Symposium 

on the Staus of the Legal Profession: Facing the Challenges of the 21st 

Century held at Georgetown University Law Center in Washington, D.C., 

on April 1, 2011, available at http://home.innsofcourt.org/for-members/ 

current-members/the-bencher/recent-bencher-articles/julyaugust-2012/ 

judicial-independence-and-21st-century-challenges.aspx. 

5 

This is taken from Patrick Henry’s famous May 30, 1765, maiden 

speech at the House of Burgesses in Virginia in protest against the 

Stamp Act. He expanded the scope of his criticism to include not only 

Parliament, but the King as well. Speaking of George III, he stated that, 

“Caesar had his Brutus, Charles the First his Cromwell and George the 

Third — .” At that point he was interrupted by cries of “Treason!” from 

delegates who easily recognized the reference to assassinated leaders. 

Henry paused briefly, then calmly finished his sentence: “...may profit by 

their example. If this be treason, make the most of it.” 

6 

In-court testimony establishes that white SUVs or pickup trucks with 

out of state license plates are particular suspicious in the eyes of druginterdiction-task-force 

officers. 

7 

209 F. 3d 464, 470 (6th Cir. 2000). 

8 

Id. 

9 

United States v. Mesa, 62 F.3d 159, 163 (6th Cir. 1995)(footnote 

omitted). 

10 

Id. at 161. 

11 

A phrase borrowed from the Hon. Judge Don Johnson, 19th Judicial 

District Court. 


tales from 

the bar side 

BY VINCENT P. FORNIAS 

At some point in the future, assuming the economy 

cooperates, the wife and I hope to escape Louisiana 

summers on a regular basis. Last year, we looked over 

Grand Lake, Colo. But that is too far a drive for short 

sweat-avoidance trips, and drive we must if we are to 

take along our current surviving canine dynamic duo, 

Luther and Boudreaux. The former is part shepherd, 

part meercat, found as a pup in a basket at a local plant 

nursery. The latter, another rescue, is part yellow lab, part 

honey badger. Think of the old Saturday Night Live Mike 

Meyers routine dealing with the helmeted ADHD kid 

chained to playground equipment. We have also already 

discovered in drives around town that Boudreaux is prone 

to car sickness, so as we planned our trek deep into the 

Appalachians to Boone, NC, I spread an LSU blanket on 

the backseat of the Land Rover, packed a trusty bottle of 

spray cleaner and hoped for the best. 

Friday, July 20th – 7:05 a.m. Quick trip to dog park before 

start, hoping to accomplish two goals. 7:27 a.m. – We 

embark (emphasis on “bark”). Averaging a stop every one 

hour and 24 minutes. No car sickness, but no mountain 

driving yet either. 586 miles later, pull up at 6:11 p.m. 

in Gainesville (Ga.), whose only “dog friendly” place 

turns out to be Motel 6. More like Methlab 6. Price is 

fearfully low. Suspect a lack of concierge. Monster trucks 

and pit bulls abound. Room doors have missing numbers, 

completed with Sharpie ink. Fear of eviction if discovered 

we weigh less than 400 pounds or lack ponytails or tats. 

Do not let wife out of room. Dogs get walked and even 

they are looking up at me in consternation. Did I mention 

deadbolt on door does not work 

Saturday, July 21st (after waking up every half hour 

during the night) – Dogs engage in growl and barkarama 

each time monster truck revs up outside our door. Read 

someplace sleep deprivation is worst torture next to water 

boarding. Get the heck out of town ASAP, then stop for 

breakfast at highway café near Mt. Airy – the origin of 

Mayberry – and locals are as friendly as Andy and Aunt 

Bee. Mountain driving begins in earnest, and keep vomit 

spray cleaner bottle at beck and call – but Boudreaux is 

trooper. Arrive at our rental creekside chalet in Boone, 

NC, to strong smell of skunk in woods. Wife takes dogs 

to explore nearby creek and promptly hollers, “I slipped 

on a boulder! I’m injured!” Luckily just a cut and bruises. 

Wonder if NC still has strict liability 

Boone-doggle 

Sunday, July 22nd – After long but ultimately victorious 

battle to keep Boudreaux out of our bed, wife, terrible dog 

mother, summons him up at 5:15 a.m. Boudreaux smirks 

at me. At least I’m up in time to watch final round of 

British Open on TV. Rest of day spent in trip recovery 

mode and getting bearings. Note chalet owner obvious 

OCD or engineer. Has labeled specific pantry spots for 

7 inch, 10 inch and 12 inch plates. Suspect he’s never set 

foot in Motel 6. Leave dogs alone in chalet for first time, 

despite their heaving selves at windows as we depart. Fear 

vengeful Armageddon on return – but pleasantly surprised 

after energetic greeting. 

Monday, July 23rd – Finally feeling restful. Morning 

breakfast snack on chalet deck with temperatures in mid- 

60’s. So this is why we came. Then off to Valle Cruces 

(valle = “vicious” and cruces = “s curves”) for winding 

dogless drive among organic farms and bed and breakfasts. 

Stop at Mast General Store, established in 19th century. 

Despite 21st century prices, enjoy sip of Coke from old 

time bottle while sitting on rocker at back porch. Then 

lady comes out of store and announces to spouse that she 

left her wallet in shoe department. Picture that happening 

at 7-Eleven. Sneak peek at iPhone email reports that Dan 

West phoned re: mediation status. This despite being told 

that I would be unavailable in wilderness. Bad Dan West. 

Bad, bad Dan West. 

Tuesday, July 24th – Awaken to sight of Boudreaux 

straddling top of deck railing two stories above dry creek 

boulders. Dr. Darwin has a plan for him. Later, on way 

into town, make mental note of location of 24-hour vet 

clinic. Pass through Appalachian State University campus, 

nestled in Blue Ridge Mountains and sporting 16-to-1 

faculty-to-student ratio. Football stadium features “grass 

hill seating” with best Priority Club seats going for $500 

surcharge. Would make Tiger Athletic Foundation cringe. 

Then walk through Daniel Boone Gardens, featuring 

find of rare plastic pink coat hanger among golden fern 

beds. Traipsing through downtown Boone, note business 

featuring “consignment tanning.” Does this mean you 

don’t owe until you pay off the skin cancer bill Then the 

thunderstorms start. 

Wednesday, July 25th – And continue. Feels like Camp 

Granada plus dogs. Sun finally peeks out in late afternoon, 

so head to Blowing Rock, typical mountain village dotted 

with artsy shops and touristy crap. Stop off to dine at 


November 2012

Glidewell Inn, where local fish concoction does anything 

but glide well into digestive system. Picture Long John 

Silver’s with outdoor seating. 

Thursday, July 26th – Lo and behold, a sunny day. 

Drive with dogs (who seem to be hoping their ordeal is 

over) through Foscoe and Seven Devils to Grandfather 

Mountain. To the top. The very top. As in tropical storm 

strength winds as walk across mile-high swinging bridge 

with death grip on handrail and iPhone. Souvenir shop 

does brisk business on windbreakers and politically 

incorrect hoodies. View well worth the drive and walk 

– at least to humans in our vehicle. Finally a great dinner 

at Mast Farm Inn, featuring home grown veggies and 

succulent shrimp. Go figure – chef is from Baton Rouge. 

Friday, July 27th – To Lynneville, NC, for longish woodsy 

hike with dogs in tow, who frolic through mountain 

creeks, then climb back aboard. Dogmobile interior due 

for major Benny’s overhaul when return to Louisiana. At 

yet another country store, two pieces of chocolate fudge 

cost six bucks. At these prices, should rename it Whole 

Foods of the Sticks. 

Saturday, July 28th – Time to depart. Pups have left their 

scent mark at every mossy rock within acre of chalet. Back 

on road, wife continues to bribe them with junior meal 

hamburgers at every drive-through. Kibbles and who As 

head south through Georgia and Alabama, pass Spouting 

Springs, then Cumming, and later Tallapoosa. Get mind 

out of gutter, Vince. Hey, it’s a long day – all the way to 

Meridian. Dog-friendly La Quinta definite upgrade from 

Motel 5.5. Pups approve of digital flat screen. 

Sunday, July 29th – As we head down I-59 toward home, 

dogs have made an art form of attempting to schmooze 

and ooze their way toward the front seat. We arrive after 

smooth sailing to be met with first traffic jam of trip – at 

Essen Lane exit. Back home, 2,100 miles later, dogs are 

narcoleptic. 

Epilogue – All in all, this turned out to be a far more 

successful maiden doggie voyage than feared. Dogs 1 and 

2 turned out to be far more grateful on their road trip than 

the usual reaction we used to receive from daughters 1 

and 2. We will see what happens as granddaughters 1 and 

2 get their turn in the years ahead. 


RICO: Establishing a pattern 

of racketeering activity BY JOHN McLINDON 

The Racketeer Influenced and Corrupt Organizations 

Act (RICO) is found at 18 U.S.C. §§ 1961–1968. 

RICO was passed by Congress in 1970 as part of the 

“Organized Crime Control Act.” It was originally used 

to prosecute members of the Mafia and others engaged 

in organized crime. The stated purpose of RICO was the 

“elimination of the infiltration of organized crime and 

racketeering into legitimate organizations operating in 

interstate commerce.” 1 However its application has been 

widespread, well beyond organized crime. 

To establish a violation of RICO, the government 

must prove that: (1) an enterprise that affects interstate or 

foreign commerce exists; (2) the defendant was “employed 

by” or “associated with” the enterprise; (3) the defendant 

participated in the conduct of the enterprise’s affairs; and 

(4) the participation was through a “pattern of racketeering 

activity.” 2 

The origin of the term “racketeering” is subject to 

some debate. One commonly accepted theory is that a 

“racket” is an illegal business, and engaging in a racket is 

called racketeering. “Racketeering activity” is defined at 

18 U.S.C. § 1961. According to this statute, racketeering 

is committing any of the numerous federal or state 

crimes listed in Section 1961. The crimes include murder, 

kidnapping, gambling, bribery, wire fraud, mail fraud, 

securities fraud and bringing in and harboring certain 

illegal aliens. To be charged under RICO, one must engage 

in a pattern of racketeering activity. This article focuses 

solely on the last element of proving a violation of RICO 

— the pattern of racketeering activity. 

18 U.S.C. § 1961(5) provides that a pattern of 

racketeering activity “requires at least two acts of 

racketeering activity, one of which occurred after the 

effective date of this chapter [October 15, 1970] and the 

last of which occurred within 10 years (excluding any 

period of imprisonment) after the commission of a prior 

act of racketeering activity.” 

At first blush, it seems pretty simple that the 

government need prove only the two acts within the time 

period set forth in the statute. However, the Supreme 

Court concluded in H.J., Inc. v. North Western Bell that 

the pattern provision requires more than just the two acts 

as set forth in this statute. There must be “something to a 

RICO pattern beyond simply the number of predicate acts 

involved.” 3 

In the 1985 case of Sedima v. Imrex, the Supreme 

Court noted the “failure of Congress and the Courts 

to develop a meaningful concept of pattern.” By 1989, 

when the Supreme Court decided H. J. Inc., the Supreme 

Court noted that since Sedima, Congress had done 

nothing to illuminate RICO’s key requirement of a 

pattern of racketeering. The Court went on to note that 

the “developing a meaningful concept of ‘pattern’ within 

the existing statutory framework has proved to be no easy 

task.” 5 

In Sedima, the Supreme Court stated that the 

RICO pattern element required more than proving two 

predicate acts of racketeering. A RICO pattern was not 

designed to cover merely sporadic or isolated unlawful 

activity. It was intended to cover racketeering activity 

that demonstrated some “relationship” and “the threat 

of continuing (unlawful) activity.” 6 In looking for a 

pattern of racketeering activity, the Courts are looking for 

“continuity plus relationship.” 

In H. J., Inc., the Supreme Court held that the term 

“pattern” requires the showing of a relationship between 

the predicates and of a threat of continuing activity. “It is 

this factor of continuity plus relationship which combines 

to produce a pattern.” 7 The Court continued that RICO’s 

legislative history revealed that the intent of Congress 

was that in order for a prosecutor or plaintiff to prove a 

pattern of racketeering, the racketeering predicates must be 

related and must amount to or pose a threat of continued 

activity. More recently, in 2005 the Fifth Circuit in United 

States v. Delgado held: “In order to show the existence 

of a pattern of racketeering activity, the government must 

establish: (1) that the racketeering acts are related, and (2) 

that they amount to or pose a threat of continued criminal 

activity.” 8 

In Delgado, the court found that both requirements 

were met. The racketeering acts were related in that they 

were all shown to be in furtherance of the enterprise’s 

business. Additionally, the “continuity prong” was met. 

The criminal enterprise in Delgado was the Texas Mexican 

Mafia. The court found a specific threat of repetition 

extending indefinitely into the future. The court also noted 

the number and frequency of predicate acts committed by 

the Texas Mexican Mafia as evidence of a threat of such 

activities continuing into the future. 

In H.J. Inc., the Court, commenting on “continuity,” 

held: 

Continuity is both a closed and open ended 

concept, referring either to a closed period of 

repeated conduct or to past conduct that by its 

nature projects into the future with a threat of 

repetition …. [A] party alleging a RICO violation 

may demonstrate continuity over a closed period 

by proving a series of related predicates extending 


November 2012

over a substantial period of time. Predicate acts 

extending over a few weeks or months and 

threatening no future criminal conduct do not 

satisfy this requirement: Congress was concerned 

in RICO with long term criminal conduct. 9 

The Court went on to note that whether the predicates 

proved establish a threat of continued racketeering 

activity depends on the specific facts of each case. The 

Court, without making any claim to cover the field of 

possibilities, offered one example of how a threat of 

continued racketeering activity might be proved. 

Suppose a hoodlum were to sell ‘insurance’ to a 

neighborhood’s storekeepers to cover them against 

breakage of their windows, telling his victims he 

would be reappearing each month to collect the 

‘premium’ that would continue their ‘coverage’. 

Though the number of related predicates involved 

may be small and they may occur close together 

in time, the racketeering acts themselves include a 

specific threat of repetition extending indefinitely 

into the future, and thus supplying the requisite 

threat of continuity. In other cases, the threat of 

continuity may be established by showing that the 

predicate acts or offenses are part of an ongoing 

entity’s regular way of doing business. 10 

Several courts have held that the requisite continuity 

is lacking when the predicates span a relatively short 

time period and pose no threat of continuing unlawful 

activity. 11 

Although many of the cases cited are civil RICO cases, 

the proof of the pattern is the same for both civil and 

criminal. Several courts have criticized the potential abuse 

of RICO in civil cases through efforts to turn gardenvariety 

state-law fraud claims into federal RICO actions, 

by alleging multiple mailings and wire transmissions that 

neither constitute nor pose a threat of continuing unlawful 

activity. 12 It appears that the majority of cases that found 

a lack of the requisite continuity involved private civil 

RICO actions. 

A separate article could be written on each of the 

elements of RICO. The other elements can usually be 

proved by a prosecutor fairly easily. The last element, 

showing a “pattern of racketeering activity,” should be 

closely scrutinized by defense counsel to be sure that the 

racketeering activity alleged is more than simply two acts 

within a defined period of time. 

1 

S. Rep. No. 617, 91st Cong., 1st Sess. 76 (1968). 

2 

See United States v. Delgado, 401 F.3d 290 (5th Cir. 

2005). 

3 

H.J., Inc. v. North Western Bell, 109 S.Ct. 2893, 2900 

(1989). 

4 

Sedima v. Imrex, 105 S.Ct. 3275, 3287 (1985). 

5 

H.J., Inc.. 109 S.Ct. at 2899. 

6 

Sedima, 105 S.Ct. at 3285 n. 14. 

7 

H.J., Inc., 109 S.Ct. at 2899. 

8 

Delgado, 401 F.3d at 298. 

9 

H.J., Inc., 109 S.Ct. at 2902. 

10 

Id. 

11 

See Roger Whitmore’s Auto Serv., Inc. v. Lake County, 

Ill., 424 F.3d. 659 (7th Cir. 2005); First Capital Asset 

Mgmt. v. Satinwood, 385 F.3d 159 (1st Cir. 2004); 

Duran v. Caris, 238 F.3d 1268 (10th Cir. 2001); 

Williams v. Aztar Ind. Gaming Corp., 351 F.3d 294 

(7th Cir. 2004). 

12 

See Jennings v. Auto Meter Prods., Inc., 495 F.3d 466 

(7th Cir. 2007). 

Have you accepted 

a pro bono case 

lately 

Contact Robin at 225-214-5561 

or Emily at 225-214-5558 

to volunteer. 


Growing up is hard, but 

bullies make it even harder 

BY COREY J. BOURGEOIS, EnCE 

Everyone knows that growing up is one of the 

hardest things a kid has to do. For some, it’s just a 

little more difficult than it is for others. 

I was born and raised in Baton Rouge. I 

attended private schools for both elementary and 

high school. I had a wonderful childhood and have 

wonderful parents. But, I wasn’t your prom king. I 

definitely wasn’t your high school football stud. I wasn’t 

playing Mozart’s concertos when I was 10 years old. I 

was, however, your so-called “band nerd.” I was slightly 

overweight, and much to my dismay, I wasn’t aware at 

the time that swimming with my shirt on only made my 

man-boobs look more robust. I wore braces for five years 

(which seems like a lifetime when you’re 14 and scared to 

death to smile at girls), had terrible acne and only went 

to homecoming dances with “friends.” Did I resemble 

“Chunk” from the Goonies You bet I did. Was I picked 

on Yep. Did it make me feel terrible Yep. Being called 

names like fat, loser, “Wrinkles” (my torso resembled a 

Shar-Pei’s snout from the waist up), and/or sandwich feet 

makes a person feel pretty small no matter who he is. But 

luckily, I had a support group of family and friends to pick 

me up when someone who thought he was being witty or 

cute in front of a group of girls threw me to the ground. 

Would I take anything back from my childhood Not a 

chance. 

Bullies have been around for centuries, and 

unfortunately, they aren’t going anywhere any time 

soon. Bullying has no age limit – it can range from adults 

bullying kids, to kids bullying adults, to kids bullying kids. 

Although there has been research done on bullying there is 

no conclusive reason that one person bullies another. Ian 

Rivers, a study researcher, believes that “social attitudes 

manifest[ ] themselves ... within the school environment,” 

which means as long as society is fascinated with winning, 

power and violence, acceptance and social recognition 

there will be some form or another of bullying 1 . For 

example, in a school that is known for its athletic program 

you will find kids picking on other kids who aren’t good 

at sports. More recently, bullies have been preying on kids 

who are perceived as being gay or lesbian. 

Over the last several years, computers have become 

commonplace in the average household. The Internet 

is readily accessible through the use of smartphones, 

thus giving us the ability to always be “connected.” 

Traditional bullying has transformed into a new form 

of 

bullying, known as 

“cyberbullying.” 

Stopbullying.gov 

defines cyberbullying 

as 

a form of “bullying 

that takes place using 

electronic technology.” 2 

Electronic technology includes devices and equipment 

such as cell phones, computers and tablets as well as 

communication tools including social media sites, text 

messages, chat and websites. 

There are a number of key differences between the 

cyberbully and the traditional bully. One of the most 

considerable differences is that kids no longer have a safe 

haven from the traditional bully. When I got home and 

shut the door, the bullying was over. Today, bullying can 

occur 24 hours a day and seven days a week through the 

use of the Internet and other technologies. It also gives the 

so-called cyberbully the ability to remain anonymous. The 

safety and reassurance that I found in my home no longer 

exists for kids today. Technology changes rapidly, and 

parents, educators, and lawmakers are going to need to 

adapt just as quickly to find a means to combat the issue. 

More than 16 years ago, the Internet worked its way 

into almost everyone’s home. Yes, believe it or not, there 

are still some parts of the world have yet to gain access to 

the World Wide Web. As of 2011, 65 percent of the world’s 

population still did not have access to the Internet. It has 

provided society the ability to communicate with people 

halfway around the world via chat rooms, email and video 

conferencing programs like “Skype.” Just over the past six 

years, social networking sites have introduced a new way 

for people to connect and find friends all over the globe. 

We now have the ability to use the Internet as a social 

tool that enables new ways to share information, a way to 

express our thoughts and ideas as well as provide us with a 

new avenue to exercise our freedom of speech. We’re able 

to communicate instantaneously, which is very cool, and 

yet very scary. While the Internet can be used as a fantastic 

learning instrument (both formally and informally), it can 

also be used to inflict harm. Unfortunately, we see more 

and more children and teens using social media to commit 

“cyberbullying.” 

What, if anything, can be done to prevent 

cyberbullying 

Fortunately, the State of Louisiana has consistently 


November 2012

put our children at the forefront of proposed legislation to 

keep them protected. For once, Louisiana is ahead of the 

game by making the prevention, detection and conviction 

of bullies one of its top priorities during recent legislative 

sessions. 

The Louisiana Legislature has introduced a number of 

bills throughout the past few years. In 2010, Gov. Bobby 

Jindal signed House Bill 1259 enacted as La. R.S. 14:40.7 

into law during the Legislative Regular Session. HB 1259 

was significant in that it made cyberbullying illegal in the 

state of Louisiana. Louisiana defines cyberbullying as “the 

transmission of any electronic textual, visual, written or 

oral communication with the malicious and willful intent 

to coerce, abuse, torment or intimidate a person under the 

age of eighteen.” If convicted, a cyberbullying can be fined 

not more than $500 and/or imprisoned for no longer than 

six months. 

This year, in the 2012 Regular Legislative Session the 

Louisiana State Legislature passed Act 861, also known 

as the Tesa Middlebrook Anti-Bullying Act. The bill 

was named after the 17-year-old Pointe Coupee Parish 

student, a victim of bullying, who hanged herself from her 

school’s bleachers earlier this year. Act 861 amended three 

key features of La. R.S. 17:415.1 and 416. One feature is 

that the definition of cyberbullying in La. R.S. 14:40.7 is 

now included in the definition of “bullying” in La. R.S. 

17:416. 

Another key feature of SB 764 is the creation of 

an annual four-hour program for all school employees, 

including bus drivers, which will teach them how to 

identify bullying behaviors and victims of bullying, and 

how incidents of bullying are to be reported. 

The third key feature of Act 861 requires by law that 

the State Board of Elementary and Secondary Education, 

in collaboration with the state Department of Education, 

develop rules and regulation pertaining to the procedures 

and processes used in reporting and investigating acts 

of bullying within schools. This includes a “Notice to 

Students and Parents” that each public elementary and 

secondary school shall inform “each student, orally and in 

writing, at the orientation required under R.S. 17:416.20, 

of the prohibition against bullying” and “the potential 

consequences and loss of driver’s license as provided in 

R.S. 17:416.1.” 

Lastly, House Bill 236, enacted as La. R.S. 17:3996(B) 

(30), mandates that the governing authority of each 

public elementary and secondary school integrate in 

its existing course of study, age- and grade-appropriate 

Internet and cell phone safety classes. This includes the 

safe and responsible use of social networking sites, chat 

rooms, email, and instant messaging. Additionally, these 

courses will inform students of the risks of transmitting 

personal information; how to recognize, report and 

avoid solicitations by sexual predators; how to recognize 

and report illegal activities; how to recognize and report 

harassment and cyberbullying; and the effect of violating 

copyright laws on written materials, photographs, music 

and video. 

Today, 49 states have bullying laws and only 15 states, 

including Louisiana incorporate the term “cyberbullying” 

in their laws. Louisiana is also one of 12 states that impose 

a criminal sanction on those who commit the crime 

of cyberbullying and is one of eight states that include 

cyberbullying as “off campus behaviors.” 3 Off campus 

behavior means that the act of bullying of a student 

through the use of a computer, mobile phone or other 

digital technology. 

I can honestly say that I’m proud of our lawmakers 

and what they’ve been able to accomplish over the last 

several years, as it is often difficult for parties to agree on 

issues involving fundamental freedoms. 

As the Internet Crimes Against Children Commander 

of Louisiana, I’ve traveled the state talking to parents, 

teachers and children about the dangers of the Internet. 

Children have run up to me in confidence to tell me how 

scared they are of what could possibly happen to them 

if they keep communicating with a particular individual. 

Parents stare at me blankly as if I’ve been telling stories 

about dragons and unicorns fighting over the Magic 

Rainbow of the Interwebs. Those blank stares prove to 

me that some parents have very little knowledge of what’s 

going on in the Internet world. Some of them are so 

shocked and appalled to learn of the real life stories that I 

see and hear about on a daily basis. 

I’m a parent. I have no idea what popular culture will 

have waiting for my daughter in the year 2022. However, 

I’m not going to rely solely on our lawmakers and teachers 

to inform her of the dangers of the Internet and everything 

else our crazy world has to offer. I believe it’s our job as 

parents to be parents, and it’s the job of our educators 

to educate. Give our next generation the tools it needs to 

deal with life. Talk to your kids about what happened that 

day. Learn the lingo of Facebook and other social-media 

jargon. Stay involved in your children’s activities. Even 

if you’re scared of technology, let them show you how it 

works. Don’t let our next generation explore this world 

alone. 

1 

Rachel Rettner. Bullies on Bullying: Why We Do it (8/26/10), http:// 

www.stopbullying.gov/cyberbullying/what-is-it/index.html 

2 

U.S. Department of Health &Human Services, Cyberbullying, http:// 

www.stopbullying.gov/cyberbullying/index.html (last visited 10/16/12). 

3 

See Sameer Hinduja & Justin W. Patchin, State Cyberbullying Laws: 

A Brief Review of State Cyberbullying Laws and Policies (July 2012), 

http://www.cyberbullying.us/Bullying_and_Cyberbullying_Laws.pdf 



November 2012

PHOTOGRAPHY BY PAMELA LABBE 

What I’ve learned: 

Judge Robert Burns Sr. BY EDWARD WALTERS JR. 

VITAL STATISTICS 

Full Name: Judge Robert Burns Sr. (Ret.) 

Age: 67 

Profession: District judge, retired. 

18-year member of 24th Judicial District Court; currently serves as an ad-hoc judge 

and private mediator-arbitrator with Perry Dampf Dispute Solutions 

Law practice: General civil practice prior to election to the 24th JDC in 1978 

Born & Raised: Born in New Orleans; raised in Jefferson Parish 

Education: St. Aloysius, New Orleans (now Brother Martin High School); 

Loyola, New Orleans – major: business (1966); Loyola, J.D. (1969) 

Parents’ occupations: Mother was a homemaker; father was a laborer and a salesman 

Sibling(s): One sister (speech therapist) 

Spouse: Dee Dee Delahoussye Burns (homemaker) 

Children: Three children – Robert, Jr. “Bubby”(lawyer and mediator); 

Barry (business owner); Bridget (full-time mom) – and 12 grandchildren. 

Growing up I always wanted to be a major league baseball 

player. After I realized I would not hit a high fastball, I 

knew my career would end at the college level. 

The best advice I ever got came from my high school 

English teacher, a religious brother at St Aloysius High 

in New Orleans. This Sacred Heart Brother said I would 

excel in law school because of my writing skills. No one in 

my family had ever graduated from college, much less law 

school. I’m so glad I listened to that religious brother. 

I always looked up to my coaches and teachers in high 

school and college. 

One of the jobs I had as a kid was a paper boy. I would 

go to my customers’ homes on Saturdays to collect. Not 

everyone would pay on time. I learned some hard lessons 

about human nature and accounts receivable. 

If you really want to get me angry just try to cover up 

your mistakes. Candor to tribunal is important in our 

legal profession. 

My parents taught me the importance of a college 

education. 

If I could, I would stop this trend towards specialized 

courts. The best judges are general jurisdiction judges who 

have to keep current on all areas of the law. Specialized 

judges get bored with their jobs and don’t, in general, keep 

reading the law. 

The truth is we can never stop growing and appreciating 

the goodness given to us by our Creator. 

The turning point in my life was when I met great, great 

friends in law school who would encourage me to seek a 

judgeship years later. 

I think more people should stop and smell the roses. 

The best lawyers I tried cases against were those who kept 

lines of communication open and did not “hide the ball.” 

They framed the issues for the judge and jury. 

The best judges were those who took the time to read 

briefs and had keen interest in the law. 

If I was in charge Democrats and Republicans would be 

required to meet each other’s families and share a dinner 

at one another’s homes. I have always believed it’s harder 

to hate a person after you’ve met their family and seen, 

first hand, where they live and heard their concerns. 

The older I get, the more liberal I become. (Most of my 

friends are becoming more conservative). 


The most important person I’ve ever met was my wife. 

She taught me to believe in myself and take risks. 

I wish I had have asked my parents more about what it 

was like growing up in the U.S. during the depression era 

of the 1930s. 

I miss not being able to pick up the telephone and call my 

parents. 

I’ve never been able to fix anything. The joke in our 

family is you have to ask my wife to fix things around the 

house. 

century Rhode Island who called for a “wall of separation 

between church and state.” As a devout minister, Williams 

understood that government would ultimately corrupt 

religion by its involvement in religious affairs. 

I reread To Kill a Mocking Bird. That closing argument to 

the jury by Atticus Finch is terrific. 

What people don’t know about me is that I was once 

terrified of public speaking. I had to work on this as a 

young lawyer. I joined Toastmasters International and 

became president of a local Kiwanis club, which required 

me to “think on my feet.” 

I’d like to be 26 again because I could then go back and 

do a better job for my clients with the knowledge that I 

now possess. 

I would like to have dinner with Harry S. Truman, 

Abe Lincoln and Pope John Paul II. I would like to ask 

Truman how he felt on the day FDR died and Truman 

became president. Specifically, when he learned for the 

first time that the U.S had an atomic bomb and he had to 

authorize its use on Japan. As to honest Abe, I would like 

an honest answer to this question: Was there any way to 

avoid that terrible war Could he have done more between 

his election and swearing-in a president to bring parties 

together Then I would thank him for his 

determination to keep the union together. 

Pope John Paul II was critical of both 

communism and capitalism. I would love to 

hear more. 

If I hadn’t been a lawyer, I would have been 

a high school history teacher. 

I have the most fun at home, listening to 

classical music (with a martini, of course.) 

And, yes, these moments are shared with 

my bride of 47 years. 

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I miss football on Friday nights under the lights. Yes, I 

played but I also miss the four years when my two sons 

played at Bro. Martin High School in New Orleans. My 

wife and I were totally involved in our kids’ high school 

experience. 

On my iPad I listen to: What’s an iPad But we just built 

a new home with the latest electronics, and I’m learning 

about digital radio such as Pandora. It’s great. 

I like helping people settle their dispute either in my role as 

an ad-hoc judge or private mediator. 

I’ve never been able to do more than one 

thing at a time. I need to concentrate on 

what I’m doing. Walking and chewing gum 

at the same time is a challenge to me. 

The last book I read was Roger Williams 

and the Creation of the American Soul 

by John Barry. The subtitle is “Church, 

State and Birth of Liberty.” Williams 

was a Puritan Minister who lived in 17th 

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November 2012

ar news 

BY ASHLEY SEALS 

Annual Law Expo tradeshow raises funds for BRBA 

On Wednesday, Sept. 12, 2012, the BRBA held its 

27th annual Law Expo at the Baton Rouge River Center. 

Beginning at 8 a.m. and followed a theme of magic, the 

event included a tradeshow of 35 exhibitors, the September 

Bar Luncheon with guest speaker H. Alston Johnson III 

and three CLE seminars given by speakers Major General 

Harry J. “Skip” Philips Jr., Charles “Chuck” B. Plattsmier, 

Joe Mulenex (with Avansic) and Michael H. Rubin. 

The Law Expo 2012 sponsors were Postlethwaite & 

Netterville (platinum); 1stCo. Legal Video Services (gold); 

Kay E. Donnelly & Associates (silver); Applied Business 

Concepts, LLC, Electronic Business Systems, Inc., MAPS, 

Inc. and Venyu (bronze); MidSouth Bank and Quality 

Litigation Support, Inc. (corporate); West, a Thomson 

Reuters business (premier); and Lake Quick Care (expo 

beverage). 

Other companies participating at the exhibitor level 

included: Absolute Document Destruction / Peregrine 

Promotionals; American Mailing & Shipping; Automated 

The photo above features key players of the BRBA Law Expo. Standing (L to 

R) are September bar luncheon speaker H. Alston Johnson III, BRBA President 

Gail S. Stephenson, Law Expo Committee chairman Michael Platte, Bobbie 

Bankston (committee member), and vice chair Bryan Jeansonne. 

Right Angle was a first-time Law Expo exhibitor. BRBA staff members Lynn 

Haynes, Susan Kelley, Emily Chambers and Carole McGehee (far right) 

visited with Lena Bethell and Lillie Lancaster of Right Angle. 



FORMER SOCIAL SECURITY JUDGE 

PETER J. LEMOINE 

Social Security Disability Law 

Offices in Alexandria, Baton Rouge, Cottonport 

Adjunct Professor (1994-1997), Northwestern State University 

MEMBER: Louisiana State Bar Association, Baton Rouge Bar Association, 

Avoyelles Parish Bar Association, National Organization of Social Security Claimant Representatives, 

Legal Services for Purposes of Disability Committee (Louisiana State Bar Association). 

PUBLISHED ARTICLES: “The Worn-Out Worker Rule Revisited,” 

“Significant Work-Related Limitations of Function Under §12.05C,” 

“Questionable Retirement and the Small Business Owner,” 

“Crisis of Confidence: The Inadequacies of Vocational Evidence Presented at Social Security Disability Hearings.” 

225-922-4551 




BRBA President Gail S. Stephenson presents Mac Womack with the LSBA 

Leah Hipple McKay Memorial Award during the Sept. 12, 2012, BRBA 

luncheon, which was held at the Baton Rouge River Center. 

BRBA President Gail S. Stephenson presents Judge Melvin Shortess (Ret.) 

with the 2012 BRBF David A. Hamilton Pro Bono Award at 27th Annual Law 

Expo and September Bar Luncheon held Thursday, Sept. 12, 2012. 

Filing Systems, Inc.; Baton Rouge Association of Women 

Attorneys (BRAWA); Baton Rouge Paralegal Association; 

Belly Up with the Bar–BRBF; Capital Area CASA 

Association; Capitol Data Management; Dean Henry 

George McMahon American Inn of Court; Electronic 

Discovery of Baton Rouge; FindLaw; Gilsbar, Inc.; Hannis 

T. Bourgeois, LLP; Insurance Associates of Baton Rouge, 

LLC; Legal Espresso; Louis A. Martinet 

Legal Society; Louisiana Bar Foundation; 

Louisiana State Bar Association; Murphy’s 

Law, APLC; Novare, LLC; Océ North 

America • A Canon Group Company; Perry 

Dampf Dispute Solutions; Right Angle; 

Total Care Injury & Pain Centers; and 

Venture Technologies. 

Special thanks to all who provided Law 

Expo door prizes, including: A. Marcelite 

Salon; Acme Oyster House; Bally Total 

Fitness; Churchill’s; Community Coffee; 

DiGiulio Brothers Italian Café; Gene’s Auto 

Image; Jimmy John’s Gourmet Sandwiches; 

Juban’s; Karmady Yoga, LLC; LeCreolé; 

Lori Cobb Reporting; Manship Theatre; 

Massage Emporium; McLavy Ltd. Men’s 

Clothiers; Peregrine Promotionals & 

Printing; Salon Eden; and Varsity Sports. 

New venue for sponsored Law Expo 

reception deemed a success 

Following the expo, a magical reception 

was held for all BRBA members and Law 

Expo 2012 exhibitors and sponsors. The 

reception was held at the Manship Theatre 

Gallery from 5 to 7 p.m. 

The John Gray Jazz Trio performed, 

and food and beverages were served courtesy of BLEND, 

Coca-Cola Bottling Co. United, Crystal Head Vodka, The 

Edible Event and Tin Roof Brewing Co. Celebrity bartender 

of the night was Jennifer Gaubert of Law out Loud with 

Jennifer Gaubert Radio Show—104.7 FM. Reception 

sponsors were Dennis, Bates & Bullen, LLP; Duke Welch 

for Supreme Court; Dunlap Fiore, LLC; Manship Theatre; 

and Survey Communications, Inc. 

The chair of the Law Expo Committee for 2012 was 

Michael E. Platte. Bryan G. Jeansonne served as the vice 

DAVOLI, KRUMHOLT & PRICE 

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November 2012



Enjoying jazz music and local artwork, Judge Bob Downing (Ret.) is 

photographed standing between Liz Cooke and John Boston, both of Survey 

Communications, Inc. (SCI), a sponsor of the 2012 Law Expo reception. The 

reception, which featured music by the John Gray Jazz Trio and cuisine by 

The Edible Event, took place at the Gallery of the Manship Theatre from 5 to 

7 p.m. Wednesday, Sept. 12, 2012. 

chair. BRBA Communications Coordinator Pamela Labbe 

coordinated the Law Expo and the reception. 

Admission to Federal Courts ceremony scheduled 

to be held Tuesday, Dec. 4 

The BRBA and the Baton Rouge Chapter of the 

Federal Bar Association will host the Tuesday, Dec. 4, 

2012, Admission to the Federal Courts Ceremony. All 

attendees have the opportunity to be admitted to the U.S. 

Middle, Eastern and Western District Courts and the U.S. 

Fifth Circuit Court of Appeals, plus be introduced to 

the Court and meet the judges of the Middle District of 

Louisiana. 

GAIL’S GRAMMAR 

Did James Holmes run amok or amuck in Aurora, Colo. 

Either spelling is acceptable, though amok is more 

common. 

Amok comes from the Malay word amoq, which means to 

attack in a vicious rage, killing indiscriminately. It is most 

frequently used today in its fi gurative sense, meaning to run 

about in a wild manner, without self control. Some writers 

prefer the amuck spelling when describing someone or 

something running wildly through muck, i.e., manure or dirt. 

Send suggestions for future Gail’s Grammar columns 

to Gail Stephenson at GStephenson@sulc.edu, 

or call Gail at 225-771-4900 (ext. 216). 

Pierce & Associates, L.L.C. 

Providing Service for the Legal Profession 

Civil & Criminal Investigations 

Accident Investigation • Surveillance 

Witness Statements • Service of Process 

JACK PIERCE 

The East Baton Rouge Parish Family Court held an Opening of Court 

ceremony Thursday, Sept. 13, 2012. Above are (L to R) Judge Lisa Woodruff- 

White, Judge Ronald D. Cox (Ret.) of Lafayette, Judge Charlene Charlet Day, 

Judge Toni Higginbotham (Louisiana First Circuit of Court Appeal), Chief 

Judge Pamela J. Baker, Judge Darrell D. White (Ret.) and Judge Annette 

Lassalle. During the ceremony, Judge White (Ret.) presented the Harlan 

Bible to the court. A reception followed the ceremony. 

Chief Judge Brian A. Jackson will preside over the 

Swearing In Ceremony, which will be held Tuesday, Dec. 

4, at 5 p.m. in Courtroom 1 at the MDLA, Russell B. 

Long Federal Courthouse. There is no charge to attend the 

ceremony; however, participants are responsible for the 

requisite fees for each court to which they seek admittance. 

For information, contact Ann K. Gregorie at ann@brba. 

org or 225-214-5563. 

Division B transitions to a new staff attorney 

A new staff attorney for Division B, Miesha Beverly, 

replaced former staff attorney Todd Tyson Sept. 17, 

2012. Beverly was admitted to the LSBA in 2011 and has 

worked as a law clerk for Judge Donald Johnson of the 

19th Judicial District Court since January 2011. Beverly 

previously worked with the LSU Family Mediation and 

Appellate Clinics, the Child Support Division of the East 

Baton Rouge District Attorney’s office and the late Judge 

Ralph Tyson at the U.S. District Court. 

BRBA to honor scholarship recipients Nov. 8 

Third-year Southern University Law Center student 

Sherry Sanders will be awarded the Baton Rouge Legal 

Scholarship for the 2013 spring semester at the BRBA 

luncheon Thursday, Nov. 8, 2012. 

Joshua Tyler Wood, a student 

PHONE: (225) 642-4030 

FAX: (225) 642-4009 

EMAIL: jackpierce1@cox.net 

attending the LSU Paul M. Hebert 

Law Center, will also receive a 

Baton Rouge Legal Scholarship. 

The scholarship is a $1,000 

award jointly given by the BRBA and 

the Baton Rouge Bar Auxiliary and 

is awarded to two upperclassmen 

who exhibit scholarship, leadership 

and financial need. 


BRBF honored with 2012 ABA Partnership Award 

for its youth education programs 

The ABA Standing Committee on Bar Activities and 

Services honored the Baton Rouge Bar Foundation with 

the 2012 ABA Partnership Award for its substantial and 

innovative efforts to advance diversity in its organization 

and surrounding legal community at the Annual Meeting 

joint luncheon of the National Conference of Bar 

Presidents, National Association of Bar Executives and 

the National Conference of Bar Foundations Friday, Aug. 

3, in the Hyatt Regency Chicago. 

The chairpersons of our 2012 youth education 

programs – Law Day Committee, Mock Trial Competition 

Committee, Teen Court of Baton Rouge and Youth 

Education Committee – will be honored at the November 

Bar Luncheon to celebrate the BRBF’s receipt of the ABA 

Partnership Award. 

This month’s cover photo features these four 

individuals – Beau James Brock, Weldon Hill II, Lauren 

Byrd Reed and Wendy Shea. Congratulations to all! 

board synopsis 

BY ROBERT “BUBBY” BURNS JR. & GAIL S. STEPHENSON 

BRBA & BRBF Board of Director 

meeting minutes: September 

Sept. 18, 2012 – Board voted (1) to adopt a new 

employee manual; (2) to nominate Mike Rubin, Judge 

Tony Marabella, and Professor Allain Levasseur for 

the Louisiana Bar Foundation awards for outstanding 

attorney, jurist and professor, respectively; (3) to nominate 

the BRBF Youth Education Initiative for the Louisiana 

Bar Foundation Calogero Justice Award; and (4) to 

spend approximately $3,000 to repair the bar office air 

conditioner. 

PRACTICING LAW IN BATON ROUGE 

Ethics, Professionalism & Law Office Management 

for the New & Not So New Attorney 

PRESENTED BY THE BRBA & THE BR CHAPTER OF THE 

FEDERAL BAR ASSOCIATION • Russell B. Long Federal Building 

Dec. 4, 2012 • 6.0 hours of CLE Credit 

225-344-4803 


November 2012


2013 SLATE OF NOMINEES: 

BRBA Board of Directors (sample ballot) 

The following officers for the 2013 Board of Directors were elected without opposition: Michael S. Walsh, president; Darrel J. Papillion, 

president-elect; Robert “Bubby” Burns Jr., treasurer; and Jeanne C. Comeaux, secretary. Gail S. Stephenson is the immediate past 

president. Eight BRBA members are running for six positions as Director-at-Large. Ballots have been mailed to all regular members of the 

Baton Rouge Bar Association. In order to vote for the 2013 officers, your 2013 dues must be paid by Thursday, Nov. 15, 2012. 

SAMPLE BALLOT — DIRECTORS AT LARGE CANDIDATES (VOTE FOR SIX) — SAMPLE BALLOT 

SHELTON DENNIS BLUNT 

Law Schools: Southern University Law Center and Emory 

University School of Law. Year: 1992. Law Firm: Phelps 

Dunbar, LLP. Seeking second term, Director. Activities: CLE 

Committee (past member; past chairman). Past member 

of the Membership, Law Day and Law Expo committees. 

Volunteer: BRBA speaker for the Youth Education Committee 

at Baton Rouge schools. Member: ABA, National Bar Association, Louisiana 

Association of Defense Counsel (past board member), Louis A. Martinet 

Legal Society (past president/first board chairman). Served as first president 

of the Martinet Foundation. Other: Served on LSBA committees and as an 

LSBA and BRBA CLE seminar presenter. Currently is a Southern University 

Law Center adjunct professor. 

LINDA LAW CLARK 

Law School: LSU Paul M. Hebert Law Center. Year: 1993. 

Law Firm: DeCuir, Clark & Adams, LLP. Seeking fifth term, 

Director. Member: Family Law and Public Law sections; 

served 15 years on the following BRBA committees: Pro 

Bono (chair); Membership (chair), Law Expo (co-chair), 

Law Day, Youth Education and Volunteer. Volunteer: Thirst 

for Justice and Junior Partners Academy. Sponsor of Belly Up, Holiday Star, 

Bench Bar Conference. Awards: 2010 BRBA Century Club (900+ hours); 2005 

BRBA David Hamilton Pro Bono Award; 2000 President’s Award; 2003 LSBA 

David Hamilton Lifetime Achievement Award; LSU Order of the Coif; LSU 

Law Review; LSU Law Center Hall of Fame. Other membership: Federal Bar 

Association; BRAWA; Louisiana Bar Foundation (Fellow); Girl Scouts Louisiana 

East (first vice president); Habitat for Humanity Woman Build; Leadership 

Baton Rouge; and AAUW. 

BRYAN G. JEANSONNE 

Law School: Loyola University New Orleans School of 

Law. Year: 2008. Law Firm: Christensen Dore Jeansonne & 

Shahla, PLC. Seeking first term, Director. Member: Law Expo 

Committee (2012 vice chair); Technology Committee; Family 

Law Section. Other: East Baton Rouge Parish ABC Board 

member; LSU Alumni Association; Republican National 

Lawyers Association; Loyola Institute of Politics (guest 

speaker); Alternate Delegate to 2012 Republican National Convention; 

Republican State Central Committee member representating District 69A. 

KARLI GLASCOCK JOHNSON 

Law School: LSU Paul M. Hebert Law Center. Year: 1999. Law 

Firm: Partner, Kean Miller, LLP. Seeking fifth term, Director. 

Activities: Young Lawyers Section Council chairperson 

(2008); board liaison to the Law Day, Youth Education and 

Pro Bono committees (2010). Member: Youth Education, 

Holiday Star and Belly Up with the Bar committees; Law Day 

Essay Contest Subcommittee (2001, 2003); Regional High School Mock Trial 

Coach for St. Joseph’s Academy (1999-2003); Law Day volunteer. Member: 

ABA, LSBA Environmental Section, Executive Women International; LSBA 

Statewide High School Competition Committee chair (2003-04). 

CHRISTOPHER K. JONES 


Law Firm: Keogh, Cox & Wilson. Seeking first term, 

Director. Member/Activities: BRBA YLS Board member 

(2007-08); Century Club - Pro Bono Project; Thirst for Justice 

participant; Ball Maul Committee (chair: 2005-10); Athletic 

Committee co-chair (2007-2012); CLE seminar speaker; 

Bench Bar Conference Committee Golf Tournament (co-chair 2004-2012); 

Belly Up with the Bar participant (2002-2012). Recipient: Judge Joseph 

Keogh Memorial Award (2006); President’s Award 2007. Other: LSBA Young 

Lawyers Pro Bono Award 2008 recipient; Louisiana Arts & Sciences Museum 

Board of Trustees (2007-present; current chair); Catholic High School Alumni 

Association Board of Directors (2006-10; former chair); Boys & Girls Club of 

Baton Rouge Board of Directors (2007-10); Baton Rouge Business Report 

Top 40 Under 40 (2011 recipient); Federal Bar Association-BR Chapter 

Membership Chair (2012); LSBA Young Lawyers Section Council member 

(2009-11); LSBA Leadership Class 2008-09 participant. 

AMY C. LAMBERT 


Firm: Taylor Porter. Seeking fourth term, Director. Activities: 

Pro Bono volunteer; Law Day volunteer; past chair of BRBA 

Young Lawyers Section Council (2005); past Publications 

Committee member; pro bono volunteer. Activities: 

selected in Baton Rouge Business Report “Top 40 Under 

40” (2005); inducted into the LSU Law Center Hall of Fame; selected for 

inclusion in “The Best Lawyers in America” 2011 and 2012; former member, 

Executive Committee for Wex Malone Inns of Court; past president Board 

of Directors, Playmakers of Baton Rouge; and active member of St. Aloysius 

Catholic Church. 

ERIC R. MILLER 

Law School: LSU Paul M. Hebert Law Center. Year: 1992 in 

La./1991 in Texas. Law Firm: The Kullman Firm, APLC. Seeking 

second term, Director. Member: Law Expo Committee (past 

chair); Pro Bono Committee; CLE Committee (past chair); 

Board of Directors, interim Director; Volunteer Panel (Law 

Day, Thirst for Justice, Easter Egg Hunt); contributing writer 

to Around the Bar. Other: Texas State Bar Association and 

Houston Bar Association member; Access to Justice Committee, LSBA; Wex 

Malone American Inns of Court; Federal Bar Association and Baton Rouge 

Chapter (past president); BRBA David A. Hamilton Award 2009 recipient; 

CALSC Pro Bono Honoree 2008; LSBA Pro Bono Publico Award 2007. 

ADRIAN G. NADEAU 


Law Firm: Long Law Firm. Seeking first term, Director. 

Member: Construction Law Section (chair); Technology 

Committee (chair, 2010-12); Ball Maul Committee (2010, 

2011); Volunteer Committee (panel member); Pro Bono 

volunteer. Other memberships: American Bar Association, 

Heritage Ranch. 


November 2012

2013 SLATE OF NOMINEES: 

Young Lawyers Section Council (sample ballot) 

The following officers for the 2013 Young Lawyers Section Council were elected without opposition: Scotty E. Chabert Jr., chair; Laranda 

Moffett Walker, chair-elect; and Scott M. Levy, secretary. Jamie Hurst Watts is the past chair. The position of council member (5) will 

be selected during the election. Eight BRBA members are running for five positions as YLS Council Members. Ballots have been mailed to all 

regular members of the Baton Rouge Bar Association and to members of the Young Lawyers Section. In order to vote for the 2013 officers, 

your 2013 dues must be paid by Thursday, Nov. 15, 2012. 

SAMPLE BALLOT — YLS COUNCIL MEMBER CANDIDATES (VOTE FOR FIVE) — SAMPLE BALLOT 

JODI BAUER 


Firm: Sexton & Hebert, Attorney at Law. Seeking second 

term, council member. Member: BRBA YLS Council; BRBA 

Construction Law Section (2011-12). Other: Junior League 

of Baton Rouge (Triple Crown Assistant Chair); Forum 35 

(Reindeer Run Committee). 

KARA B. KANTROW 


Law Firm: Law Office of Kyle Marionneaux, LLC. Seeking 

second term, council member. Attended various BRBAsponsored 

events. Member: BRBA YLS Council; Electric 

Cooperative Bar Association; LSBA Public Utility Section; 

Federal Bar Association. Admitted to practice in all federal 

Louisiana districts. 

MACKENZIE SMITH LEDET 

Law School: LSU Paul M. Hebert Law Center. Year: 

2009. Law Firm: Baker, Donelson, Bearman, Caldwell & 

Berkowitz. Seeking first term, council member. Member: 

Volunteer Committee (co-chair, 2012; member, 2010, 

2011); Mock Trial Committee (2011, 2012). Speaker: 

LSU Panhellenic Council Mock Trial Presentation to the 

Panhellenic Community of Risk Assessment. Other: Paul 

M. Hebert National Trial Competition Team Advisor (2010-12); Advisory 

Board member for Chi Omega, Phi Gamma Chapter (2009-12); former clerk 

for 19th JDC Judge R. Michael Caldwell; past intern for U.S. District Court 

Judge James J. Brady. 

KRISTI W. RICHARD 


Law Firm: McGlinchey Stafford, PLLC. Seeking first term, 

council member. Member: Belly Up with the Bar Committee 

(2009); Holiday Star Committee (2012). Volunteer: Thirst 

for Justice. Other: Member of 2012-13 LSBA Leadership 

Class and ABA Section of Business Law. 

LOREN D. SHANKLIN 


Law Firm: Smith Shanklin, LLC. Seeking second term, 

council member. Member: BRBA YLS Council; Volunteer 

Committee (2011-12); Belly Up with the Bar Committee 

(2011-12). Other: Teacher at Westdale Middle School 

(2005-07); LSU Law Student Bar Association Executive 

Director of Programming (2009-10); vice president of Phi 

Alpha Delta LSU Law Chapter (2009-10); Volunteers In Public Schools’ 2006 

Exceptional Volunteer. 

VICTOR J. SUANE JR. 

Law School: Southern University Law Center. Year: 2007. 

Law Firm: Kean Miller, LLP. Seeking second term, council 

member. Member: YLS Council (2011-present); Belly 

Up with the Bar Committee (2008-present, 2011 chair). 

Past Volunteer: Easter Eggstravaganza and Holiday 

Star Project. Other: American Bar Association, Louis A. 

Martinet Legal Society Board of Directors; Cancer Services 

of Greater Baton Rouge; Louisiana School for the Deaf Foundation (current 

president). 

BRADLEY J. TATE 


Law Firm: The Shaw Group, Inc. Seeking first term, council 

member. High School Mock Trial Judge; attended various 

BRBA events. Other: LLM in Taxation; LSBA Leadership 

Class member (2011-12); Leadership LSBA 2012-13 cochair; 

LSBA Committee on the Profession; LSBA Access to 

Justice Committee; ABA YLD Tax Section vice chair. 

TAVARES A. WALKER 

Law School: Southern University Law Center. Year: 2008. 

Law Firm: Southern University Law Center. Seeking 

first term, council member. Member: Belly Up with the 

Bar Committee; Teen Court of Greater Baton Rouge 

Committee; Mock Trial Committee; pro bono volunteer. 

Other: Louis A. Martinet Legal Society; American Inns of 

Court; Delta Theta Phi Law Fraternity. 

SAMPLE BALLOT — YLS COUNCIL MEMBER CANDIDATES (VOTE FOR FIVE) — SAMPLE BALLOT 


foundation footnotes 

PRO BONO PROJECT & TEEN COURT REPORTS FOR SEPTEMBER 

PRO BONO PROJECT REPORT 

TEEN COURT REPORT 

We would like to thank all of Pro Bono Project 

volunteers for their contributions during September. 

The Thirst for Justice solo practitioner volunteers 

were Terry L. Bonnie, Scott Gaspard and Allen Posey. 

Thirst for Justice volunteers practicing with a firm were 

Brandi Cole, Phelps Dunbar; Richard Easterling, 

Melissa Grand, Kevin Hayes, Scott Levy, Kellen 

Matthews, Danny Rester, Bill Shea, Bob Schmidt, 

Robert Wooley, Adams and Reese; and Juli 

Keenan, Baker Donelson Bearman Caldwell & 

Berkowitz, PC. 

The Ask-A-Lawyer volunteers were Jim 

Austin, Adams and Reese; Tayla Bergeron, 

Southeast Louisiana Legal Services; John C. 

Hopewell, Certain Title; and Emily Ziober. 

The Self Help Resource Center attorney 

volunteers were Samantha R. Ackers; Roy 

Bergeron, Alex J. Velazquez, Phelps Dunbar; Ryan Brown, 

Roedel, Parsons, Koch, Blache, Balhoff & McCollister; 

Victor Brubaker, Treadway Morris Lawyers; Nicholas 

Graphia, Shelby Law Firm; Judith Martin, Franciscan 

Legal Services; Tracy Morganti, Adams and Reese; Cody 

Passman, Postlethwaite & Netterville, CPA; Ashley 

Scott; and Michael Schachtman, Louisiana State Bar 

Association. 

Students volunteering with our outreach clinics 

included Graham Arnold, Denise Farrior, Leigh Hill, 

Davin Navarre and Chris Vitenas, LSU Law Center; 

Kimona Berry, Loreal Jackson, Pamela Levatino, Danielle 

Metoyer and Tierany Williams, Southern University Law 

Center. 

The following volunteers accepted pro bono cases in 

September: Frances Ball, Ball & Associates, LLC; Booker 

Carmichael, Murray & Murray; George Downing; 

Marcus Foote, Kuehne, Foote & Gaudin APLC; Nicholas 

Graphia, Shelby Law Firm; Dathan Hill, The Law Offices 

of Hill & Associates; La’Gretta Lazard; Peter Lemoine, 

Lemoine Law Firm; Scott Levy, Bill Shea, Adams and 

Reese; and Barrington Neil. 

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; Family, District and City Court 

Filing Fees and the Baton Rouge Bar Foundation. 

Matthew Belser, Joshua Melder, Deanne Murrey, 

Matthew Nowlin and Tavares Walker served as judges 

for the September hearings. Those who served as jury 

monitors and teen attorney mentors were Amanda Darby; 

Professor Paul Guidry, Baton Rouge Community College; 

Adrian Carter, Southern University Law 

Center; and Autumn Warner, LSU Law 

Center. 

If you are interested in volunteering, 

contact Donna Buuck at 225-214-5556 

or donna@brba.org. 

JUNIOR PARTNERS ACADEMY & 

LAWYERS IN THE CLASSROOM 

Professor Wendy Shea, Melanie 

Fields, Ryan Brown, Gail Grover and 

Southern University Law Center BLSA members Trenika 

Fields, Angel Jenkins, Shelvia Grant, Bethany Blackson, 

Taryn Branson and Merrick Cosey gave interactive 

Constitution Day presentations to the second and third 

grade classes at Southern University Lab School Friday, 

Sept. 14, 2012. Erika Green and Ryan Brown gave 

Constitution Day presentations to classes at Belaire High 

School Monday, Sept. 17, 2012. 

Teen Court of Greater Baton Rouge is funded by a grant from the 

Louisiana Office of Juvenile Justice (formerly the Office of Youth 

Development), a grant from the Louisiana Bar Foundation’s IOLTA 

program and from the Baton Rouge Bar Foundation. This project is 

also supported in part by Grant No. 2009-JF-FX-0059 awarded by the 

Office of Juvenile Justice and Delinquency Prevention, Office of Justice 

Programs, U.S. Department of Justice. Points of view or opinions in this 

document are those of the author and do not necessarily represent the 

official position or policies of the U.S. Department of Justice. 

TEEN COURT OF 

GREATER BATON ROUGE 

needs attorneys to volunteer 

to assist with the program. 

To find out more, contact Donna Buuck at 225-214-5556 

or donna@brba.org or R. Lynn Smith Haynes 

at 225-214-5564 or lynn@brba.org. 


November 2012

2 

November 2012 

1 

2 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

Oct. 22-Nov. 2 

Nov. 5-Nov. 16 

Nov. 19-Nov. 30 

Duty Court 

Schedule 

19 TH JDC CIVIL COURT 

Judge Bates 

Judge Caldwell 

Judge Fields 

19 TH JDC CRIMINAL COURT*** 


Nov. 2-Nov. 9 


Nov. 16-Nov. 23 

Nov. 23-Nov. 30 

Nov. 30-Dec. 2 

Judge Erwin 

Judge Jackson 

Judge Daniel 

Judge Moore 

Judge Johnson 

Judge White 

BATON ROUGE CITY COURT* 



Nov. 12-Nov. 18 

Nov. 19-Nov. 25 

Nov. 26-Dec. 2 


Nov. 5-Nov. 9 

Nov. 12-Nov. 16 

Nov. 19-Nov. 23 

Nov. 26-Nov. 30 


For classifi ed or display ad rates, 

contact Pamela at (225) 214-5560 

or e-mail: pamela@BRBA.org 

FAMILY COURT** 

Judge Alexander 

Judge Ponder 

Judge Davis 

Judge Temple 

Judge Wall 

Judge Lassalle 

Judge Baker 

Judge Woodruff-White 

Judge Day 

Judge Lassalle 

JUVENILE COURT 

Judge Taylor-Johnson 

NOTE: Duty Court changes at 5 p.m. each Friday unless 

otherwise specifi ed. 

*City Court’s Duty Court schedule changes each Monday at 

8 a.m. 

**Family Court’s Duty Court schedule changes at 4 p.m. each 

Friday 

***19th JDC Criminal Court changes each Friday at noon 


Tuesday, Nov. 6 

COURT HOLIDAYS 

All Saints’ Day 

General Election Day 

Monday, Nov. 12 

Veterans Day 

(This year Veterans Day is recognized by 

ALL LOCAL COURTS, BUT NOT by 

the EBR Clerk of Courts Offi ce). 


Friday, Nov. 23 

11 

18 

25 

Thanksgiving 

Acadian Day 

12 

19 

26 

13 

20 

27 

14 

21 

28 

Classifieds 

15 

22 

29 

16 

23 

30 

SMALL PROFESSIONAL LAW OFFICE 

in downtown Baton Rouge renting one offi ce 

with space for legal assistant. Amenities 

include telephone system; security system; 

access to reception area, conference room, 

kitchen and parking. Solo practitioners 

preferred. $950/month, util. included. Call 

(225) 346-8777. 

N E E D L E G A L C L E : 

Contact the BRBA at 225-344-4803 or go 

online at www.BRBA.org to check out our 

upcoming available CLE seminars. 

WRITE A SUBSTANTIVE LEGAL ARTICLE; 

GET PUBLISHED; AND EARN CLE CREDIT: 

Believe it or not, you can earn CLE credit for 

having your legal writing published in scholarly 

journals. And Around the Bar magazine is 

considered a scholarly legal journal. For more 

information, email pamela@brba.org. 

WILL YOU ADOPT A HOLIDAY STAR 

Contact Susan Kelley for more information: 

225-214-5559 or susan@brba.org. 

MEETING ROOM 

FACILITIES AVAILABLE 

FOR DEPOSITIONS 

& MEDIATIONS 

BRBA members can reserve 

conference rooms for $50 

per day ($25 per half day) per room. 

Non-members receive a rate 

of $250 per day 

($125 per half day) per room. 

To book and for more info., 

contact Meredith French: 

225-344-4803 

17 

24 

*Unless otherwise noted, all meetings will 

be held at the Baton Rouge Bar offi ce. 

Calendar of Events 

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 Clerk of Court Holiday/All Saints Day 

(BRBA Offi ces are OPEN); 

Thirst for Justice: CLOSED 

2 Family Law Section and AFCC 

Joint CLE Seminar, begins at 9:30 a.m. 

5 YLS Sidebar Luncheon with 

Justice “Kitty” Kimball, 12 p.m.; 

Teen Court Hearing, EBR Juvenile 

Court, 5:30 p.m. 

6 Clerk of Court Holiday 

(BRBA Offi ces are OPEN); 

Self Help Resource Center: CLOSED; 

YLS Council Meeting, 12 p.m.; 

Operations & Finance Committee 

meeting, 3:30 p.m.; 

Executive Committee meeting, 4 p.m. 

7 Appellate Section Lunch & Learn, 

11:45 a.m.; 

Volunteer Committee meeting, 12 p.m. 

8 November Bar Luncheon, 

Baton Rouge Marriott, 11:45 a.m. 

12 Practice Tips for the 23rd JDC, 

Clarion Inn & Conference Center in 

Gonzales, La., begins at 8 a.m. 

13 Construction Section CLE, 11:45 a.m.; 

Workers Comp CLE, 12 p.m.; 

Board of Directors Meeting, 

Juban’s, 5:30 p.m. 

14 Ask-A-Lawyer, Catholic Charities, 

9:30 a.m.; 

JPA meeting, SU Lab School, 12 p.m.; 

Pro Bono Committee meeting, 12 p.m. 

15 YLS CLE Seminar, 4 p.m.; 

Cocktails with the Court, 5 p.m.; 

Board & YLS Ballots due by 4:30 p.m. 

16 SUPERWOMEN: Female Attorneys 

Mastering the Game and the Strategies 

that Rule (CLE), Hilton Capitol Center 

(3.75 hours credit). Registration: 7:30 a.m. 

19 CLE Committee meeting, 12 p.m.; 

Teen Court Hearing, EBR Juvenile 

Court, 5:30 p.m. 

22 BRBA Offi ce Closed — Thanksgiving 

23 BRBA Offi ce Closed — Acadian Day 

28 Ask-A-Lawyer, Gonzales Senior Center 

10:30 a.m.; 

Teen Court meeting, 12 p.m. 


Baton Rouge Bar Association 

P.O. Box 2241 

Baton Rouge, LA 70821 

Return Service Requested 

PRSRT STD 

U.S. POSTAGE PAID 

BATON ROUGE, LA 

PERMIT NO. 746

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