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Boone County Bar Association News

This page contains news of interest to Boone County Bar Association members, including the BCBA Newsletter. On the CLE sub-page is a list of BCBA programs for which CLE credit has been granted and, when available, materials from those programs or links to relevant materials. On the CEB Minutes sub-page are minutes of the meetings of the 13th Circuit Court En Banc. On the Photos sub-page are photographs from BCBA events.

Judge Hamilton to resign as Presiding Judge on March 26 and retire September 30
Boone County Courthouse Wireless Network
Current BCBA Newsletter 
Selected Statutory Changes Effective August 28, 2009
New Jury Assembly Process
Memo from Missouri Supreme Court Committee on Access to Family Courts
Local Inn of Court
Boone County Prosecuting Attorney Caseload Assignments

Collection of Fines, Costs and Restitution 
BCBA Newsletter Archives 

Judge Hamilton to Resign as Presiding Judge
on March 26 and retire September 30, 2010

13th Circuit Presiding Judge Gene Hamilton announced that he will resign as Presiding Judge effective March 26, 2010, and will officially retire as a Circuit Judge effective September 30, 2010. Click here for the initial Press Release. Click here for a subsequent Press Release changing his retirement date.

Boone County Courthouse Wireless Network

As announced at the October 14, 2009 meeting of the Boone County Bar Association, the Boone County Courthouse has implemented a wireless network for use by attorneys while in the building. For the official printed announcement, including instructions on how to sign up for the service, click HERE.

Current BCBA Newsletter

The February 2010 Newsletter, Volume 25, Number 2, with a mailing date of February 1, 20010 can be downloaded and viewed in PDF format by clicking here or on the link at the bottom of this page. The contents also appear immediately below in browser-readable format.

Hamilton to resign as Presiding Judge in March and retire later

Judge Gene Hamilton recently announced that he will resign as Presiding Judge of the 13th Judicial Circuit on March 26, 2010, and will officially retire as a Circuit Judge effective September 30, 2010.

He has been Presiding Judge since September 2002, and was first elected Circuit Judge in 1982, taking office on January 1, 1983. He was previously Prosecuting Attorney of Callaway County, Missouri, from 1970 through 1980.

Judge Hamilton resides in Fulton with his wife Marcia. They are the parents of three daughters, Mary Elizabeth Smith of Friendsville, Tennessee, Kathryn Morgan of Seattle, Washington, and Sarah Hamilton of Columbia; and three grandchildren, Gentry Hamilton Smith and Erin Elizabeth Smith of Friendsville, Tennessee, and Evan Joseph Morgan of Seattle, Washington.

Judge Hamilton served as Chairman of the Missouri Supreme Court Committee on Criminal Procedures, formerly the Missouri Supreme Court Committee on Criminal Jury Instructions, for 15 years. He presently serves as the Chairman of the Presiding Judges Executive Committee and served as the President of the Missouri Circuit Judges Association in 2004.

He has regularly taught at the Missouri Judicial College in the area of Criminal Jury Instructions, Post Conviction Remedies, Trial Practice, and Evidence. Judge Hamilton has also served on the Missouri Supreme Court Committee on Judicial Education, the Missouri Supreme Court Committee on Judge Transfer, and the Missouri Supreme Court Board of Court Reporter Examiners.

In his twenty-seven plus years as Circuit Judge, Judge Hamilton has presided over more than 500 jury trials, including at least 50 homicide trials. He was the first judge of Drug Court in Boone County.

Judge Hamilton received a Distinguished Alumni Award from Westminster College in 1993, the Chapter Alumni Award from the Callaway Chapter of the University of Missouri Alumni Association in 2005, and the Spurgeon Smithson Award, for extraordinary service toward the increase and diffusion of justice in society, from the Missouri Bar Foundation in 2008.

Judge Hamilton is a graduate of the class on arbitration and mediation taught at the University of Missouri School of Law and intends to do arbitration and mediation work after retirement.

He initially indicated he would retire form the bench on June 30, but later changed the date to September 30, explaining, "By Missouri election law, if my resignation is effective as of June 30, 2010, the political party committees will select the candidates to run in the general election of 2010 without any choice of the voters in a primary election. If my resignation is effective as of September 30, 2010, the Governor will select my successor, but that person, as well as any other interested person, can file for the office and run in the primary election in 2012."

Ethics CLE credit at February meeting

Jim Brady, Director of the Missouri Lawyers Assistance Program (MOLAP) will present a 1.2-hour ethics CLE-credit program on "Avoiding Misconduct and Malpractice Risk by Eroding Procrastination" at the next regular BCBA meeting at lunchtime on Wednesday, Feb. 10.

Meal service will begin at 11:30 a.m. on Feb. 10 in the County Room on the lower level of Boone Tavern, 811 E. Walnut St. The lunch price will be $9, payable to the restaurant. A brief business meeting will precede the program.

RSVP: To reserve your spot for this meeting, contact BCBA Secretary Todd Werts at 875-1991 or werts@learwerts.com by 5 p.m. Tuesday, Feb. 9.

The Missouri Lawyers Assistance Program is a professional, confidential counseling program for members of The Missouri Bar, their families, and law students. Through a variety of free services, MOLAP helps individuals overcome personal problems such as depression, substance abuse, stress, and burnout. Services include education and:

bulletCounseling: All Bar members have unlimited, 24/7 access by phone to a professional counselor.
bulletCrisis intervention: MOLAP coordinates crisis intervention services for individuals and law firms.

Bench-Bar Dinner April 6

This year's Bench-Bar Dinner has been scheduled on the evening of Tuesday, April 6, at Meadowlake Acres Country Club in New Bloomfield, Callaway County Bar President Bob Sterner announced.

The annual event, which allows judges and lawyers to socialize in an informal atmosphere, alternates two years in Boone County and one year in Callaway County.

Around the bar . . .

Additional changes are planned for Associate Circuit Judges' docket schedules in Boone County effective March 1. The proposed changes appear on the Docket Schedules page of the BCBA website.

The BCBA Young Lawyers Committee will meet for lunch at 11:45 a.m. Tuesday, Feb. 16 at Chipotle, 306 S. Ninth St., Columbia. Contact Sander Sowers at 256-8989 or sander.sowers@sdellawfirm.com for information. The YLC thanks Wendell Coonce of LexisNexis for sponsoring last month�s happy hour meeting at Ragtag Cinema.

Volunteer lawyers are still needed as judges for the annual Mock Trial Regional Tournament at the MU Law School Feb. 19-20. Sponsored by Columbia College and the University of Missouri-Columbia, the four-round tournament serves as a forum for teams to earn bids to the National Championship Tournament. Those interested in judging or wanting further information may contact BCBA member Jared Vessell at jpv@lawam.com; Columbia College Prof. Barry Langford at brlangford@ccis.edu or 875-7484); or Ashley Brittain at the Law school at apbz7c@mizzou.edu.

The BCBA Mediation Committee seeks bar members' thoughts on what types of programs, supporting materials or other projects would be of most use to the bar. Send suggestions and questions to chair Sarah Read (sjr@readadr.com) or members Dave Gibbons (dgibbons@mchsi.com) or Helen Wade (hwade@hewnlaw.com).

Andrew Popplewell recently became a partner at Eng & Woods, 903 E. Ash St., Columbia 65201.

Susan Ford Robertson has been appointed to the Advisory Committee of the Missouri Supreme Court by the court en banc. She also recently was chosen as editor of the "Attorney Discipline" section of the Missouri Courts Bulletin, a publication which keeps Missouri Bar members current with rulings in selected areas of law.

Harlan, Harlan & Still will move its office on Feb. 18 to 515 Cherry St., Suite 300, Columbia 65201. The phone and fax numbers will remain 874-2402 and 443-3354 respectively. The firm's current office at 307 Locust St. will be available March 1 � contact Khaki Westerfield at 884-1850 for information.

Norm Lampton has left the Riordan Law Firm to engage in a solo practice at 1363 S. Mesa Dr., Columbia 65201, phone 355-6066. He will focus on creditor's rights, elder law and estate planning and will also serve as guardian ad litem as appointed by the court or upon request.

The Law Offices of Fehlig & Fehlig Tatum recently opened an office at 920 E. Broadway, Suite 204, Columbia 65201, phone 999-4266, fax 888-892-7819. Helene Fehlig Tatum's main practice area is immigration law, and she is fluent in French and Spanish.

Tonnie Martin Cook is changing her mailing address to 1715 Katie Lane, Fulton 65251, but she will maintain her office at 3610 Buttonwood Dr., Suite 200, Columbia 65201, phone 886-8981, fax 886-8901.

Recent new BCBA members are:

bulletJennifer L. Barth, Missouri Employers Mututal Insurance Co., 101 N. Keene St., Columbia 65201, phone 499-4388-, fax 499-4344.
bulletMark E. Gingrich, Williams-Keepers, LLC, 2005 W. Broadway, Suite 100, Columbia 65203, phone 499-6879, fax 777-7829.
bulletMark J. Evans, The Evans Law Firm, LLC, 1000 W. Nifong Blvd., Bldg. 4, Suite 201B, Columbia 65203, phone 441-0450, fax 441-0378.
bulletJeffrey J. Rosanswank, Jeffrey J. Rosanswank, LLC, 920A E. Broadway, P.O. Box 7567, Columbia 65205, phone 442-2502, fax 888-788-3297.
bulletAdam R. Kruse, Columbia Prosecutor's Office, 600 E. Broadway, P.O. Box 6015, Columbia 65205, phone 874-7229, fax 874-7533.
bulletJulia Bonham, Public Defender's Office, 601 E. Walnut St., Columbia 65201, phone 882-9701, fax 882-9147.
bulletJenean Thompson, Public Defender's Office, 601 E. Walnut St., Columbia 65201, phone 882-9701, fax 882-9147.
bulletThomas Porto, Public Defender's Office, 601 E. Walnut St., Columbia 65201, phone 882-9701, fax 882-9147.

Chris Kespohl has office-sharing space available at 1103 E. Walnut St., Columbia 65201, with free on-site parking and shared reception, conference room, work room, and kitchen areas. Utilities, janitorial service and broadband internet are included. Additional services/facilities are available at extra cost. For information call Chris at 449-3113.

Treasurer's Report by Jill Jackson

Account balance as of 12/31/09 $11,461.87
Receipts 12/31/09 - 1/31/10
  Interest +0.38
  Dues +3,875.00
Disbursements 12/31/09 - 1/31/10
  Accent Press (Newsletter printing) -74.19
  Midwest Mailing Service (Newsletter mailing) -95.03
Account balance as of 1/31/10 $15,168.03

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Selected Statutory Changes Effective August 28, 2009

Boone County Circuit Clerk Christy Blakemore has prepared information on selected statutory changes effective August 28, 2009, which affect local practice. Click HERE for a memo from Christy (PDF format) summarizing the selected statutory changes. An important point to note is that effective August 28, the clerk's office will require the use of new Filing Information Sheets with all cases. The new Filing Information Sheet forms are available on the Other Forms page.

New Jury Assembly Process

Jury Supervisor Linda Dolliver and Court Marshal Les Werner have announced changes to the jury assembly process which will include making CDs containing prospective jurors� questionnaires available to lawyers before trial upon request.

The new process took effect on March 16, 2009.

Lawyers who request the CDs containing questionnaires can obtain them beginning at 8 a.m. Thursday before the week of the trial. The CDs will cover all jurors scheduled for service the following week.

To determine which jurors will actually be called for a particular day, lawyers can call the jury "hotline" at 886-4083 after 4 p.m. Sunday through Thursday.

CD requests should be made to Linda at 886-4099. If she is not available, the request can be made to the Court Marshal�s office at 886-4079.

CDs will contain a confidentiality statement and a notice that copying is prohibited. The CDs must be returned to Linda or the Court Marshal�s office after the trial. Lawyers who do not return a CD will be prohibited from obtaining another CD until the earlier CD is returned.

PDF files summarizing the new jury assembly process and procedures to obtain CDs are available by clicking the links in this paragraph.

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Memo from Missouri Supreme Court
Committee on Access to Family Courts

The Missouri Supreme Court Committee on Access to Family Courts has released a memorandum highlighting new resources available to Family Court practitioners engaged in limited scope representation, pro bono, reduced fee and sliding scale legal services. Click HERE to access the memo in PDF format.

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Local Inn of Court

As announced in the March 2007 Newsletter, a group of local attorneys, judges and law school professors formed the "Elwood L. Thomas Inn of Court." The national Inns of Court web site is at www.innsofcourt.org. The purpose of the group is to provide tutelage for law students and lawyers with up to eight years experience, with the goal of promoting professionalism, ethics, and development of litigation skills. For a formal announcement of the local group, including a list of founding members and email addresses for members to whom questions may be addressed, click HERE. For the 2009 application to join the local group, click HERE.

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Boone County Prosecuting Attorney Caseload Assignments

Boone County Prosecuting Attorney Dan Knight has announced caseload assignments for his office effective August 31, 2009.

Click HERE for the list in PDF format.

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Collection crackdown starts with new policies, list of offenders

NOTE: The following article appeared in the July 1, 2003 Newsletter and has been retained on the web site for reference purposes.

The 13th Circuit�s crackdown on collection of costs, fines and restitution in criminal cases is gearing up with the adoption of new policies effective July 1 and the internet posting of a list of offenders who can avoid a �warrant roundup� if they pay during a July 7-25 amnesty.

The list of offenders with outstanding warrants for failure to pay or failure to appear for failure to pay is now posted on the Boone County Sheriff�s web site at www.showmeboone.com/sheriff/warrants.htm. The list will be revised as people on the list pay what they owe and their warrants are recalled.

After the amnesty period, the Sheriff�s Department and municipal police in Boone County will engage in a concentrated effort to make arrests on all outstanding warrants for those who have not paid.

Under the new policies, most criminal defendants will be expected to pay costs, fines, restitution and criminal victim compensation judgments immediately after sentencing.

Those who ask for an extension of time to pay will be referred to Court Services for a review of their situation. If a time-payment plan is recommended by Court Services, it must be approved by the sentencing judge. Indigent defendants can be given community service in lieu of payment.

For offenders allowed to pay over time, the new policies specify targets of 50% payment within 48 hours, 80% within 30 days, and 100% within 60 days.

If the governor signs House Bill 600, there will be an additional $25 surcharge due from defendants whose payment plan extends beyond 30 days. The bill also provides for interception of income tax refunds to pay costs, fines and other court-ordered amounts.

The court will continue its policy of not accepting personal checks. Payments must be made by cash, money order or cashier�s check. The county is looking into obtaining a automatic teller machine for the courthouse to facilitate cash payments.

Three documents relating to the new program can be downloaded in PDF format from the links below:

bullet

A summary of the new policies

bullet

A flow-chart of the collection process

bullet

A list of standard fines and costs

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BCBA Newsletter Archive (PDF Format)

Volume 25, Number 2, February 1, 2010  
Volume 25, Number 1, January 4, 2010
Volume 24, Number 12, November 30, 2009

Volume 24, Number 11, November 9, 2009
Volume 24, Number 10, October 5, 2009
Volume 24, Number 9, September 9, 2009
Volume 24, Number 8, August 3, 2009
Volume 24, Number 7, June 29, 2009
Volume 24, Number 6, June 1, 2009
Volume 24, Number 5, May 4, 2009
Volume 24, Number 4, March 30, 2009
Volume 24, Number 3, March 2, 2009
Volume 24, Number 2, February 2, 2009
Volume 24, Number 1, January 6, 2009
Volume 23, Number 12, December 1, 2008
Volume 23, Number 11, November 3, 2008
Volume 23, Number 10, September 29, 2008
Volume 23, Number 9, August 25, 2008
Volume 23, Number 8, August 4, 2008
Volume 23, Number 7, June 30, 2008
Volume 23, Number 6, June 2, 2008
Volume 23, Number 5, May 5, 2008
Volume 23, Number 4, March 31, 2008
Volume 23, Number 3, March 3, 2008
Volume 23, Number 2, February 4, 2008
Volume 23, Number 1, January 1, 2008
Volume 22, Number 12, December 3, 2007
Volume 22, Number 11, November 5, 2007
Volume 22, Number 10, October 1, 2007
Volume 22, Number 9, August 27, 2007
Volume 22, Number 8, July 30, 2007
Volume 22, Number 7, July 2, 2007
Volume 22, Number 6, June 4, 2007
Volume 22, Number 5, May 1, 2007
Volume 22, Number 4, April 9, 2007
Volume 22, Number 3, March 5, 2007
Volume 22, Number 2, February 5, 2007
Volume 22, Number 1, January 2, 2007
Volume 21, Number 11, November 27, 2006
Volume 21, Number 10, October 30, 2006
Volume 21, Number 9, October 2, 2006
Volume 21, Number 8, September 5, 2006
Volume 21, Number 7, July 3, 2006
Volume 21, Number 6, June 5, 2006
Volume 21, Number 5, May 1, 2006
Volume 21, Number 4, April 11, 2006
Volume 21, Number 3, March 1, 2006
Volume 21, Number 2, January 30, 2006
Volume 21, Number 1, January 3, 2006
Volume 20, Number 12, November 28, 2005
Volume 20, Number 11, November 1, 2005
Volume 20, Number 10, October 3, 2005
Volume 20, Number 9, September 12, 2005
Volume 20, Number 8, August 1, 2005
Volume 20, Number 7, July 5, 2005
Volume 20, Number 6, June 1, 2005
Volume 20, Number 5, May 2, 2005
Volume 20, Number 4, March 28, 2005
Volume 20, Number 3, March 1, 2005
Volume 20, Number 2, February 1, 2005
Volume 20, Number 1, January 3, 2005
Volume 19, Number 12, November 29, 2004
Volume 19, Number 11, November 8, 2004
Volume 19, Number 10, October 4, 2004
Volume 19, Number 9, September 7, 2004
Volume 19, Number 8, August 2, 2004
Volume 19, Number 7, July 6, 2004
Volume 19, Number 6, June 1, 2004
Volume 19, Number 5, May 3, 2004
Volume 19, Number 4, April 5, 2004
Volume 19, Number 3, February 23, 2004
Volume 19, Number 2, February 2, 2004
Volume 19, Number 1, January 4, 2004
Volume 18, Number 12, December 1, 2003
Volume 18, Number 11, November 3, 2003

Volume 18, Number 10, September 29, 2003 
Volume 18, Number 9, September 2, 2003
 
Volume 18, Number 8, August 4, 2003
 
Volume 18, Number 7, July 1, 2003
 
Volume 18, Number 6, June 2, 2003
 
Volume 18, Number 5, May 6, 2003
 
Volume 18, Number 4, April 18, 2003
 
Volume 18, Number 3, March 5, 2003
 
Volume 18, Number 2, January 28, 2003
 
Volume 18, Number 1, January 1, 2003
 
Volume 17, Number 12, November 25, 2002
 
Volume 17, Number 11, November 5, 2002
 
Volume 17, Number 10, October 8, 2002
 
Volume 17, Number 9, September 10, 2002
 
Volume 17, Number 8, August 14, 2002
 
Volume 17, Number 7, July 2, 2002
 
Volume 17, Number 6, June 5, 2002
 
Volume 17, Number 5, May 1, 2002
 
Volume 17, Number 4, April 4, 2002
 
Volume 17, Number 3, March 5, 2002
 
Volume 17, Number 2, February 6, 2002
 
Volume 17, Number 1, January 1, 2002
 
Volume 16, Number 11, December 3, 2001
 
Volume 16, Number 10, November 8, 2001 
Volume 16, Number 9, October 5, 2001
 
Volume 16, Number 8, September 13, 2001 (first version)
 
Volume 16, Number 8, September 13, 2001 (revised version) 
Volume 16, Number 7, August 15, 2001
 
Volume 16, Number 6, June 8, 2001
 
Volume 16, Number 5 - May 2, 2001 
Volume 16, Number 4 - April 6, 2001
Volume 16, Number 3 - March 2001 - no newsletter published (emailed and mailed notice of Bench-Bar meeting instead) 
Volume 16, Number 2 - February 8, 2001
Volume 16, Number 1 - January 4, 2001

Note: Accessing archived newsletters requires either Adobe� Acrobat� or Adobe� Acrobat� Reader�. The free Acrobat� Reader� program may be downloaded from http://www.adobe.com/products/acrobat/readstep2.html

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Last modified: February 05, 2009