Inside: - Baton Rouge Bar Association

Bar Luncheon
Thursday, March 3
Inside:
Appellate reversal of
workers’ comp cases
The benefits of
outsourcing IT
BRBF Law Day Committee
plans March 25th event
Judicial interview:
Judge Duke Welch

2011 BRBA Bench Bar Conference
April 28-30
Grand Hotel Marriott Resort, Golf Club & Spa in Point Clear, Ala.
For more information, contact Ann G. Scarle: 225-214-5563 / ann@brba.org
For sponsorship information:
http://www.brba.org/forms/BBCsponsorship.pdf
To register for the conference:
http://www.brba.org/forms/BBC2011.pdf
2011 Conference sponsors:
Adams and Reese, LLP
Alliance Title
Amos and Laura Davis
Baker, Donelson, Bearman, Caldwell & Berkowitz, PC
BRBA Young Lawyers Section
Breazeale, Sachse & Wilson
Chaffe McCall, LLP
DeCuir, Clark & Adams, LLP
Downs, Saffi otti & Boudreaux
Dr. Michael J. Goff / Louisiana Health & Injury Centers
Kantrow, Spaht, Weaver & Blitzer, APLC
Kean, Miller, Hawthorne, D’Armond, McCowan & Jarman, LLP
Keogh, Cox & Wilson
Kinchen, Walker, Bienvenu, Bargas & Reed
Lexis Nexis
Long Law Firm
Louisiana State Bar Association
McGlinchey Stafford, PLLC
Newman, Mathis, Brady & Spedale
Oats & Hudson
Pendley, Baudin & Coffi n, LLP
Perry, Atkinson, Balhoff, Mengis & Burns, LLC
Perry Dampf Dispute Solutions
Phelps Dunbar
Quality Litigation Support, Inc.
Roedel, Parsons, Koch, Blache, Balhoff & McCollister
Steffes, Vingiello & McKenzie
Stone Pigman Walther Wittman, L.L.C.
Taylor, Porter, Brooks & Phillips, LLP
USDC–Middle District Bench Bar Fund
Walters, Papillion, Thomas, Cullens, LLC
West, a Thomson Reuters business
Williamson, Fontenot & Campbell, LLC
Attending judges:
Judge Yvette Alexander
Judge Jack Dampf
Judge Laura Davis
Judge John Michael Guildry
Judge Bonnie Jackson
Judge Brian A. Jackson
Judge Thomas Kliebert Jr.
Judge Tony Marabella
Judge Pamela Moses-Laramore
Commissioner Rachel Morgan
Judge Bill Morvant
Judge Ralph Tureau
Judge Alex “Brick” Wall
Past presidents in attendance:
To reserve your room, go to http://www.marriottgrand.com
click on “Special Rates & Awards”
and enter BABBABA in the box labeled “Group Code.”
We have reserved a block of rooms from
Wednesday, April 27,
through Saturday, April 30, 2011.
First -Timer
Registration Price:
$300
10.5 hours
of CLE Credit
available
Mathile W. Abramson • Barbara Baier • Amy E. Counce • Fred T. Crifasi • Judge Jack Dampf • Michael Ferachi • Frank Fertitta • C. Kevin Hayes • Frank Holthaus
Jay M. Jalenak Jr. • Christine Lipsey • Judge Tony Marabella • Paul Marks • Mike McKay • Trent Oubre • Michael Patterson • Edward J. Walters Jr.
Featuring the
Bench Bar Boogie Band
Come boogie with the Bench Bar Boogie Band as they make
their final appearance at a BRBA Bench Bar Conference.
Featuring the
Benjy Davis Project
2 Around the Bar
March 2011

inside
MARCH 2011
4 Contributors
5 Letter from the president
“Making sausage” BY PRESTON J. CASTILLE JR.
6 Bar luncheon
7 Tales from the bar side
“The empty chair” BY VINCENT P. FORNIAS
On the cover:
This month’s cover photo features 2011 BRBA Law Day
Committee members (L to R, front row) Fred Sliman; Melanie
Fields; Tawnii Cooper-Smith; Alejandro Perkins (chair);
(L to R, back row) Donna Buuck (staff liaison), Glen Petersen,
Lynn Haynes (staff liaison), Beau Brock (vice chair) and Jeff
Wittenbrink. Law Day Committee members are seated in
the jury box in Courtroom 11A of the 19th Judicial District
Courthouse, 300 North Blvd.
Law Day 2011 will take place Friday, March 25, at the Baton
Rouge River Center, the new 19th Judicial District Courthouse
and Baton Rouge City Court.
Cover photography by Pamela Labbe.
8 YLS corner
“Top 10 reasons why young lawyers should attend
the 2011 Bench Bar Conference” BY JAMIE HURST WATTS
9 “Appellate reversal of workers’ comp cases: Two out of three won’t do”
BY GAIL S. STEPHENSON
10 “The benefits of outsourcing IT” BY MICHAEL RICHMOND, CISSP
13 Judicial interview
“Interview with Louisiana First Circuit Court of Appeal Judge Duke Welch”
BY ADAM THAMES
16 Bar news
20 Gail’s grammar
21 West’s Jury Verdicts – Baton Rouge
22 Foundation footnotes
DUÉ, PRICE, GUIDRY, PIEDRAHITA & ANDREWS, P.A.
IS PROUD TO ANNOUNCE THE ASSOCIATION OF
BOB DOWNING
AS
OF COUNSEL
PLAINTIFF PERSONAL INJURY AND WRONGFUL DEATH, TRIALS AND APPEALS
8201 JEFFERSON HWY. • BATON ROUGE, LA 70809 • (225) 929-7481 • (225) 924-4519 FAX
WWW.DUEPRICE.COM • DOWNING@DUEPRICE.COM
March 2011 Around the Bar 3

contributors
Preston J. Castille Jr., a partner with Taylor, Porter, Brooks & Phillips,
is the 2011 president of the Baton Rouge Bar Association.
Vincent P. Fornias, an assistant editor of Around the Bar, is a solo
practitioner whose practice focus is alternative dispute resolution.
Pamela Labbe is the communications coordinator
of the Baton Rouge Bar Association.
Michael Richmond, CISSP, chief operating officer of P&N Technologies since
November 2005, is a contributing writer.
Gail S. Stephenson, an assistant editor of Around the Bar,
is the director of legal analysis and writing and an associate
professor of law for the Southern University Law Center.
Adam Thames, an associate with Taylor, Porter,
Brooks & Phillips, is a contributing writer.
Jamie Hurst Watts, a partner with Long Law Firm, is the 2011 chair-elect
of the Young Lawyers Section Council of the BRBA.
Published by the Baton Rouge Bar Association
P. O. Box 2241, Baton Rouge, LA 70821
Phone (225) 344-4803 • Fax (225) 344-4805
Web site: www.brba.org
In three years, the Baton Rouge Bar Association will be a diverse mix of
young energy and old traditions in service to members,
the community and the legal profession.
OFFICERS
Preston J. Castille Jr., President ...................................387-3221
Gail S. Stephenson,
President-elect .........................................771-4900, ext. 216
Michael S. Walsh, Treasurer ..........................................344-0474
Darrel Papillion, Secretary ............................................236-3636
Fred T. Crifasi, Past President .......................................766-0014
DIRECTORS AT LARGE
Robert “Bubby” Burns Jr.
Linda Law Clark
Jeanne Comeaux
Amy C. Lambert
Kyle Ferachi
Karli Glascock Wilson
Laurie Marien, Ex Officio
Nina Hunter, Ex Officio
Amanda Stout, Ex Officio
ABA DELEGATE
Emily Black Grey
APPELLATE SECTION
Eugene Groves ..........................................................................Chair
CONSTRUCTION LAW SECTION
Jason Bonaventure..................................................................Chair
Steven Loeb ...................................................................... Past chair
FAMILY LAW SECTION
Laurie Marien ............................................................................Chair
Wendy L. Edwards ........................................................Chair-elect
Thomas Hessburg ............................................................Secretary
Melanie N. Jones .............................................................Past Chair
PUBLIC LAW PRACTICE SECTION
Nina Hunter ...............................................................................Chair
Henry Graham ...............................................................Chair-elect
Lenore Heavey ..................................................................Secretary
Kelly Haggar ........................................................................At Large
Kacy Collins ...................................................Judicial Branch Rep.
Leticia Mabry ............................................Executive Branch Rep.
Kimberly Robinson .................................. Private Attorney Rep.
Deidra Roberts .........................................City Government Rep.
Sannettria Pleasant ............................... Attorney General Rep.
Sheri Morris ....................................................................... 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
Amanda Stout, Chairman .............................................382-3693
Jamie Hurst Watts, Chairman-elect ...........................922-5110
Lyla N. DeBlieux, Secretary. ..........................................382-3166
Catherine S. Giering, Past Chair ..................................343-5290
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.
YOUNG LAWYERS SECTION COUNCIL
Sebastian Caballero Ashton
Michael J. Busada
Scotty Chabert
Adam Thames
Laranda Moffett Walker
BATON ROUGE BAR ASSOCIATION STAFF
Ann Gregorie Scarle, Executive Director 214-5563
Donna Buuck, Youth Education Coordinator 214-5556
R. Lynn S. Haynes, Asst. Teen Court Coordinator 214-5564
Margaret Johnson, Administrative Assistant 344-4803
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
Trang Nguyen, Pro Bono Coordinator 214-5558
Julie Ourso, Bookkeeper 214-5572
PUBLICATIONS COMMITTEE
Editor: Edward J. Walters Jr.— 236-3636
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.
Assistant Editors:
Vincent P. Fornias — 769-4553
Gail S. Stephenson — 771-4900, ext. 216
Graphic Design / Ad Sales:
Pamela Labbe — 214-5560
Robert Collins
Amy E. Counce
Lani Durio
Katie Eckert
Rachel Emanuel
Greg Gouner
Marshall Grodner
Lexi Holinga
Kate Bailey Labue
Dale Lee
John McLindon
Jessica Orgeron
All Rights Reserved • Copyright ©2011
Darrel Papillion
Gracella Simmons
Art Vingiello
Jeff Wittenbrink
Monika Wright
4 Around the Bar
March 2011

letter from
the president
BY PRESTON J. CASTILLE JR.
Making sausage
PHOTO BY DARIA DOYLE
Many have quipped that the legislative process is like “making sausage,” that is, although we
enjoy the product, it is an unsavory process to watch.
When our bar foundation launched the Junior Partners Academy program at Dalton Elementary
in January, we played a game with the third graders called SELURON. SELURON is NO RULES
spelled backwards. Melanie Fields and Gail Grover started the game by
having the students stand in the middle of the room and simply telling
them, “PLAY!” Of course, they all looked around and began yelling,
“How? You didn’t give us the instructions. You didn’t tell us the rules of
the game.” Gail and Melanie responded,“You want rules?”
And so the fun began. They were told to break up into four rows
of varying lengths and pass a pencil from one end to the other. Sounds
simple. But, once the game started again, Judges Bill Morvant, Trudy
White and Darrel White interrupted and said they were supposed to be
hopping on one leg, and then the kids were told they were supposed
to be twirling all the way around. Passing, hopping and twirling, the
children tried to play the game. Then suddenly a winner was declared.
“Hey, that’s not fair!” the kids complained.
Our little “junior partners” explained to us the game was unfair
because they needed rules and the rules needed to be clear and not
change so frequently. Sounds like good advice for any legislative body
or any government.
This month we celebrate the Rule of Law at our annual Law Day
program, where the guest speaker will be U.S. Congressman William
Preston J. Castille Jr.
Cassidy. Again this year as hundreds of children observe, our federal
court will naturalize several new Americans at the program. Watching
would-be citizens eagerly embrace our democracy and American way of life is one of my favorite
parts of the celebration. It’s a reminder that others around the world crave the freedom and system
of justice that has made America the envy of so many.
As we celebrate Law Day, our Louisiana legislature will be preparing for the upcoming session.
As Louisiana’s manufacturer of laws, the legislature has the privilege and responsibility of maintaining
our democracy by ensuring we have laws that protect and preserve this American way of life. Our
legislators are entrusted with making certain that we are governed by laws that are just. From
their laws, each community of our state will experience freedom and justice. Of course, justice is
oftentimes a by-product of what is manufactured in what some call the “sausage making factory.”
The local bar is fortunate to have two senators and four state representatives as members. We
are thrilled they have all agreed to join us this month for our March Community Justice Symposium:
“Legislating Justice,” hosted by the Public Law Practice Section. While our state struggles with
education, crime and the economy, we look forward to hearing from our legislative colleagues and
their solutions for enhancing our system of justice through new and amended laws.
While perhaps a little unsavory to watch, we know that our Louisiana legislature is capable
of much more than just making delicious sausage, or andouille and boudin, as we prefer in my
hometown. Although we expect a great product from our delegation, most south Louisianians will
tell you that with the right group of friends, making sausage can actually be as much fun as the
outcome. Please join us this month with our good friends at the legislature and enjoy the flavor of
what’s cooking at the Capitol this session.
March 2011 Around the Bar 5

march bar
luncheon
THURSDAY, MARCH 3, 2011
The BRBA will hold its March Bar Luncheon
and Community Justice Symposium at 11:45 a.m.
Thursday, March 3, 2011, at De La Ronde Hall.
Kimberly Lewis Robinson will moderate a panel
discussion of Legislating Justice, which will feature
Sen. Dan Claitor, Sen. Rob Marionneaux, Rep. Franklin
Foil, Rep. Hunter V. Greene, Rep. Michael L. Jackson and
Rep. Eddie J. Lambert. Robinson, a partner with Jones
Walker, is a member of the BRBA Public Law Practice
Section, which is sponsoring this luncheon.
Following the luncheon is a 1.0 hour CLE seminar
starting at 1:30 p.m., which is titled, “When do you need
2011 COMMUNITY JUSTICE SYMPOSIUM:
Legislating Justice
to become a registered lobbyist? Pitfalls to avoid when
representing clients before the Executive and Legislative
branches.” The speakers will be James Burland and C.
Kevin Hayes. Seminar cost is $50 per BRBA member and
$75 per non-member.
Admittance to the bar luncheon is $20 per BRBA
member and $30 per non-BRBA member. We accept payment
in advance and at the door.
VISA, MasterCard and American Express are accepted.
Fax this form to 225-344-4805 before noon Monday, Feb.
28, 2011, to register. Checks are payable to the BRBA, P.O.
Box 2241, Baton Rouge, LA 70821.
Sen. Dan
Claitor
Sen. Rob
Marionneaux
Rep. Franklin
Foil
Rep. Hunter
V. Greene
Rep. Michael
L. Jackson
Rep. Eddie
J. Lambert
SCHEDULE OF COMMUNITY JUSTICE SYMPOSIUM & BAR LUNCHEONS:
THURSDAY, APRIL 7, 2011 — April Bar Luncheon Topic: Crime and the Criminal Justice System — 11:45 a.m. at De La Ronde Hall.
Featuring EBR Public Defender Michael Mitchell, EBR District Attorney Hillar Moore, EBR Parish Attorney Mary Roper and EBR Parish Sheriff Sid Gautreaux.
CLE seminar to follow, 1:30 - 2:30 p.m. CLE Speaker: Jean Faria.
THURSDAY, MAY 12, 2011 — May Bar Luncheon: Where Will the Children Go? Our Juvenile Justice System;
11:45 a.m. Speakers: Elizabeth Betz, Judge Laura Davis, Ruth Johnson, Judge Pamela Taylor Johnson,
Sherry Patrick, Judge Kathleen Richey and Judge Lisa Woodruff-White. Moderator: Laurie Marien.
Sponsored by the BRBA Family Law Section, which will hold a brief business meeting
for Family Law Section members following the May luncheon.
Please fax this page to the Baton Rouge Bar Association, (225) 344-4805, by noon Monday, Feb. 28, 2011.
Bar Roll No.__________________________
Please check applicable boxes: ❏ BRBA member ❏ non-member ❏ guest
Name____________________________________________________ Firm___________________________________________
Address_________________________________________________________________________________________________
City ________________________________________________________ State ____________ Zip _______________________
Phone ___________________________________________________ Fax ___________________________________________
E-mail ___________________________________________________
❏
❏
YES, register me for the MARCH BAR LUNCHEON at DE LA RONDE HALL taking place Thursday, March 3, 2011, at a cost of $20 per BRBA member, and
$30 per nonmember. Reservations may be transferred, but not canceled, after 12 p.m. Monday, Feb. 28, 2011. “No shows” will be billed.
YES, register me for the 1 HOUR CREDIT CLE SEMINAR at DE LA
RONDE HALL, beginning at 1:30 p.m. Thursday, March 3, 2011, $50
per BRBA member, and $75 per nonmember. Reservations may be
transferred, but not canceled, after noon Monday, Feb. 28, 2011.
“No shows” will be billed. The seminar, on the topic of lobbying,
is titled, “When do you need to become a registered lobbyist?
Pitfalls to avoid when representing clients before the Executive
and Legislative branches.” Speakers: James Burland and C. Kevin
Hayes.
If paying by credit card, please include the following:
Name on credit card_________________________________
Type of card: (circle one): MC VISA AmericanExpress
Card Number:______________________________________
Exp. Date: ___________________ Security code: _________
6 Around the Bar
March 2011

tales from
the bar side
BY VINCENT P. FORNIAS
The scene of this month’s passion play
was the 7th floor courtroom in the now “old”
19th Judicial District Court courthouse.
Therein, Dan Balhoff and John Perry (Baton
Rouge’s version of The Lone Ranger and
Tonto – you pick who wears the feather)
were tag-teaming representing a plaintiff
with an injured back before a civil jury.
The case went on without a hitch, and
before long it was time for the delivery of
closing arguments. Up stood Perry, and in
the midst of an impassioned plea for mom,
apple pie and big bucks, turned to the jury
and declared, “Of course, we all know who
has to bear the tragic consequences of the
defendant’s actions.”
Dramatically, he did an about face,
extended his right arm out like Moses about to part the
Red Sea, and pointed at the counsel’s table. One problem.
The empty chair
There was an empty seat there. No plaintiff.
There was only Balhoff, looking like the
proverbial deer in headlights.
John did what any good trial lawyer
would do in such a situation – he treaded
air. Then without missing nary a beat, he
informed the jury that it was obvious that
his client, overcome with back pain, was
apparently heroically trying to walk it off.
After it was all but over and everyone
was awaiting the verdict, Perry could no
longer resist the urge to pop the question.
Noting that in three decades in the courtroom
he had never seen a plaintiff absent himself
from his lawyer’s own closing argument, he
asked his client for an explanation. And so
he got it – “Mr. John, when you gotta go,
you gotta go!”
FLS MEETING — Family Court Judge Candidate Panel Discussion
Confirmed Candidates: Hunter Greene and Charlene Day
(As of press time, we only had confirmation for these two candidates. However, all candidates will be invited to participate.)
Thursday, March 17, 2011 • 12 - 1 p.m.
Carrabba’s Italian Grill, 7275 Corporate Blvd.
Cost: $27 for Family Law Section members; $32 for non-FLS members
Please select your choice of menu item:
___ INSALATA FIORUCCI – Artichoke hearts, roasted red peppers and grilled eggplant in vinaigrette,
topped with a hazelnut goat cheese medallion.
___ GRILLED CHICKEN SALAD – Grilled chicken, garden fresh vegetables,
mozzarella and romano in our homemade vinaigrette (can also substitute grilled shrimp).
___ PASTA PIC PAC – Pasta in our Picchi Pacchiu sauce made with crushed tomatoes,
garlic, olive oil and basil, topped with your choice of chicken or shrimp.
Reservations may be transferred, but not canceled, after noon Wednesday, March 16. “No shows” will be billed. Please fax this form to
225-344-4805 before noon Wednesday, March 16, to register. Checks are payable to the BRBA, P. O. Box 2241, Baton Rouge, LA 70821.
Payment by check or credit card is requested in advance or at the door. This meeting is NOT approved for CLE credit.
Bar Roll No._________________ Please check applicable boxes: ❏ BRBA member ❏ Family Law Section member
Name____________________________________________________ Firm_____________________________________________
Address___________________________________________________________________________________________________
City ________________________________________________________________ State ____________ Zip _________________
Phone ___________________________________________________ Fax __________________ E-mail _____________________
If paying by credit card, please include the following:
Name on credit card_________________________________ Type of card: (circle one): MC VISA AmericanExpress
Card Number:______________________________________ Exp. Date: _________________ Security code:___________________
March 2011 Around the Bar 7

yls corner
BY JAMIE HURST WATTS, 2011 YLS COUNCIL CHAIR-ELECT
Top 10 reasons why young
lawyers should attend the
2011 Bench Bar Conference
10. 10.5 hours of CLE credit available, concluding at
midday for family free-time
9. Return to the Marriott Grand Hotel in Point Clear,
Alabama
8. Saturday golf tournament
7. Hearing 2011 President Preston J. Castille Jr. sing
with past BRBA presidents
6. Opportunities to interact with Baton Rouge judges
and attorneys
5. Discounted registration rate for Young Lawyers
Section members
4. First-timer registration price of $300
3. Bench Bar Boogie Band’s “farewell performance”
after 20 years of performing at BRBA Bench Bar
Conferences on Friday night
2. Benjy Davis Project performance at dinner Thursday
night – a YLS-sponsored event
1. Calling Lost Souls — Celebration of new and old
BRBA traditions!
As a young lawyer who attended her first Bench Bar
Conference in 2009, I can attest that it is well worth the
investment of time and money. The Bench Bar Conference
provides a relaxed atmosphere for obtaining quality CLE
hours and interacting with lawyers and judges you already
know and others you would like to know, all in a beautiful
location with the opportunity to include family and friends.
I was excited to take advantage of the reduced registration
fee as a first-time attendee and to have some beach/pool
time with my family after CLE. The social events were
a fun way to catch up with friends from law school and
different firms and to enjoy great live music and dancing.
I encourage YLS members to attend and make the Bench
Bar Conference your annual tradition.
8 Around the Bar
March 2011

Appellate reversal of workers’ comp cases:
Two out of three won’t do BY GAIL S. STEPHENSON
It takes three appellate judges to reverse a civil case in
Louisiana, right? Most attorneys think that if two judges
on a three-judge appellate panel want to reverse, the case
must be re-argued before a five-judge panel. Until the
mid-1990s, most judges thought that too. Cases from city
courts and administrative agencies were routinely referred
to five-judge panels when two judges voted to reverse. 1
But at some point a judge read Article V, Section 8(B) of
the Louisiana Constitution and discovered this language:
“A majority of the judges sitting in a case shall concur to
render judgment. However, in civil matters only, when a
judgment of a district court is to be modified or reversed
and one judge dissents, the case shall be reargued before a
panel of at least five judges prior to rendition of judgment,
and a majority shall concur to render judgment.”
Read literally, this article permitted reversal by a
two-to-one vote of city court and administrative agency
judgments, including workers’ compensation cases.
But for 10 years Louisiana courts did not agree whether
this article applied to workers’ comp cases. In 1999 the
Louisiana Supreme Court summarily remanded a workers’
comp case to the Fourth Circuit for a five-judge hearing in
Travelers Insurance Co. v. Reliable Home Health Care. 2
The First Circuit ignored Travelers two years later, when
Judge Gonzales found that two judges were sufficient to
reverse a workers’ comp case. The Louisiana Supreme
Court denied writs. 3 Eight years later in Snowton v.
Sewerage & Water Board, 4 the Supreme Court reversed
Travelers and ruled, as Judge Gonzales did, that Article
V, Section 8(B), required a five-judge panel only for cases
decided by district courts and not for workers’ comp cases
because they were decided by workers’ compensation
courts. The Supreme Court recognized that many workers’
comp cases had been decided by five-judge panels. It found
that while the article does not mandate five-judge panels,
it did not prohibit them either. 5
Justice Johnson dissented in Snowton. She discussed
the history of workers’ comp trials, explaining that since
1990 the Office of Workers’ Compensation (OWC) has
had “adjudicative and fact-finding powers akin to those
of a district court, and exercises some of the functions
previously reserved to the judiciary.” 6 She concluded that
the five-judge panel requirement should apply because
the OWC is “the functional equivalent of the district
court.” 7
The Legislature and Louisiana voters
have now settled the issue. On Nov. 11, 2010,
voters approved an amendment to Article
V, Section 8(B) that some say will make
the appellate process more time consuming
for workers’ compensation cases, but that
others say will give decisions of workers’
compensation judges the respect they deserve.
The language “or an administrative agency
determination in a workers’ compensation
claim” was added to the article, so that now
when two judges vote to reverse a decision
of a workers’ compensation judge, the case
must be re-argued before a five-judge panel.
Decisions of other administrative agencies
and city courts can still be reversed by a
two-to-one vote, however.
1
See, e.g., Housing Auth. v. Green, 94-1650 (La. App.
4 Cir. 6/7/95), 657 So.2d 552; Hall v. La. Ins. Guar.
Ass’n, 589 So.2d 93 (La. App. 2 Cir. 1991); Andrus
v. Cajun Insulation Co., 524 So.2d 1239 (La. App. 3
Cir. 1988).
2
747 So.2d 4 (La. 1999).
3
Arledge v. Dolese Concrete Co., 00-0363 (La. App. 1
Cir.6/6/01), 807 So.2d 876, writ denied, 01-2357 (La.
11/16/01), 802 So.2d 617.
4
08-0399 (La. 3/17/09), 6 So.3d 164.
5
Id. at 169 note 4.
6
Id. at 171.
7
Id.
March 2011 Around the Bar 9

The benefits of outsourcing IT
BY MICHAEL RICHMOND, CISSP
Outsourcing, or employing an outside company
to handle functions normally performed in-house, is a
familiar concept to many firms. Functions such as payroll,
bookkeeping and logistics are commonly outsourced to
cut costs and increase efficiency. Specifically, outsourcing
your firm’s IT functions has become increasingly popular
over the last decade as many firms have started to realize
the benefits.
Your firm’s IT systems are similar to using electricity:
when you need to turn on a light, you expect your electricity
to be functioning properly, without even thinking about
it. Your information systems are similar: you don’t think
about it when you need to access your customer database
or accounting system, but if it’s down or not working
properly, you notice and your firm suffers. Like any other
integral item in your business, your information systems
need IT administration and maintenance to function
properly and help you perform your daily tasks.
One option for firms with limited resources is to
outsource the responsibility of IT management or have a
third party host critical applications rather than having
them in-house (or a combination of the two). But relying
on an external company to manage your firm’s critical IT
processes and information can seem scary and many firms
may be hesitant to embrace the idea. Your information
systems are crucial to your firm’s operations, and it can be
hard to trust an outsider to handle your IT needs with the
same care. Putting any of your firm’s critical functions—
especially your IT processes—in the hands of someone else
can seem risky, but there are several benefits to outsourcing
your IT function and ways to mitigate the risks.
Control capital costs
Cost-cutting is the most common reason why many
firms choose to outsource. Outsourcing providers can
cut your capital costs by reducing the amount of internal
equipment (such as servers, software costs, desktops,
etc.) required to keep your information systems running
smoothly or needed to roll out new IT solutions.
Increase efficiency
I T administration is probably not your core competency
and, therefore, not your most efficient use of time. But it
should be the core focus of your IT outsourcing provider,
whose cost structure and economy of scale can give your
firm an important competitive advantage. An outsourcing
partner will generally be able to provide a whole staff of
proficient IT professionals with varied areas of technical
expertise for the cost of a single in-house employee.
Reduce labor costs
It can cost your firm unnecessary time and money to
find, hire and train an entire in-house IT staff. IT service
providers are responsible for staffing the right people and
keeping them trained on the latest technology. Professional
IT companies invest a significant amount of time and
money to make sure their technical knowledge is thorough
and up-to-date.
Start new projects quickly
Starting new IT projects can take weeks or months to
handle internally, between hiring and training your people
and determining hardware or software needs and procuring
all the necessary resources. IT service providers have the
knowledge, experience, and resources to start new projects
immediately. By utilizing a hosted application model, new
software projects can be rolled out more quickly with
minimal capital expenditures. For example, a particular
line of business application could be tested in a hosted
model with minimal up front costs and with reduced
exposure to the risk of a solution that doesn’t work. If the
application is a fit and solves the business needs, it could
be brought in-house or rolled out company-wide after it
has been proven successful.
Focus on your core business
In terms of time and personnel, your firm has
limited resources. These resources are most likely better
spent focusing on your core competencies that generate
revenue. Outsourcing your IT function can help your firm
concentrate on more important activities, like serving
clients, and help the firm’s mission remain the focus.
Level the playing field
Larger firms have a considerable advantage when
it comes to resources, and sometimes it can be difficult
for smaller firms to match the in-house support and IT
infrastructure of these larger firms. Outsourcing the IT
function means small firms can have the same level of
efficiency, expertise and dependability that large firms
benefit from. Application outsourcing also provides the
ability to access your core information from almost any
10 Around the Bar
March 2011

computer that is connected to the Internet. This type
of ubiquitous access helps smaller firms project a much
larger presence, by allowing everyone to be more efficient
and responsive to client needs.
Reduce risk
Today’s technology can change quickly. Unless
technology is your area of expertise, outsourcing providers
are more qualified and equipped to adapt to these rapid
changes and can assume and manage the risk that comes
with them. Outsourced IT providers have the infrastructure
and service level agreements that allow smaller firms to
realize the uptimes and system resiliency that larger firms
enjoy.
Outsourcing IT administration may not be for
everyone, but if your firm decides outsourcing is the way
to go, here are a few tips to help:
1. Make sure your outsourcing provider understands
exactly what you want — This probably seems obvious,
but making sure that your provider knows the scope and
timeline for your IT project and functions is critical to
project success. Be clear about your expectations and
business requirements.
2. Take your decision seriously — The firm you hire to
provide outsourced services should be evaluated in the
same manner as any in-house employee. The provider will
be a part of your team and will have a significant impact
on your firm’s operations and success, so take the time to
select the right one for your firm.
3. Consider type of experience — When it comes to
functions that are critical to your business, make sure you
select an outsourcing provider that has specific experience
with not only the type of work you’d be outsourcing, but
also experience with other law firms.
4. Consider factors other than cost — Although cost-cutting
is a major reason many firms choose to outsource their IT
function, it should not be the only reason. Outsourcing
may solve other issues that exist within the firm or mitigate
other risk factors not directly related to cost.
When selected wisely, IT outsourcing solutions can
provide a number of benefits to your firm. Whether you
want to free up your IT staff to work on more important
projects or want to reduce in-house IT resources,
outsourcing your IT function has plenty of advantages.
March 2011 Around the Bar 11

12 Around the Bar
March 2011

PHOTOGRAPHY BY PAMELA LABBE
Interview with Louisiana First Circuit
Court of Appeal Judge Duke Welch BY ADAM THAMES
VITAL STATISTICS
Full Name: Jewel Edward Welch Jr.
Nickname: Duke
Age: 57
Position: Judge, Louisiana First Circuit Court of Appeal, 2004 - present
Prior Judicial Experience: Judge, 19th Judicial District Court, 1995 - 2004; Chief Judge, 2002 - 2003
Born & Raised: Baton Rouge and Baker, La., respectively
Education: Baker High School, 1971; University of Maryland, Business Management,
magna cum laude, Phi Kappi Phi Honor Society, 1977;
LSU Paul M. Hebert Law Center, J.D., 1980;
University of Nevada at Reno, Master of Judicial Studies, 2009
Married to: Roxson Welch; three children; eight grandchildren
Judge Jewel E. “Duke” Welch currently serves on the
Louisiana First Circuit Court of Appeal, where he was elected
without opposition in 2004. Judge Welch was elected without
opposition three times to the 19th JDC beginning in 1995
through 2004. Prior to being elected to the bench, Judge Welch
was a solo practitioner with a general law practice from 1980 to
1994 in Zachary, La. During that time, he served as an elected
official with the Baker City Council and the East Baton Rouge
Metro Council (District 1), and he served as chairman of the East
Baton Rouge Planning & Zoning Commission. Judge Welch
was an assistant attorney general for the State of Louisiana and
prosecutor for the City of Zachary.
Judge Welch is presently serving on the Louisiana Supreme
Court Committee on Judicial Ethics, the Trial Court Committee
to Review Need for Judgeships and the Louisiana State Bar
Association Committee on Professionalism and Attorney
Mentoring. He is a member of the Board of Directors for the
Family Road, Inc. and the ALS Association of Louisiana and
Mississippi, Inc. In addition, he is the president of the Dean
Henry George McMahon American Inns of Court and was an
adjunct Professor of Law at Southern University Law Center for
the last 15 years. In 2010, Judge Welch was inducted into the
Louisiana Justice Hall of Fame.
I got the nickname “Duke” because I didn’t like
being called by my first name, Jewel, and, after some
teasing from my classmates on the first day school, I got
into a fight. I was sent to the principal’s office, and my
dad was called up to the school. I’ve gone by “Duke” ever
since.
Growing up, I always wanted to be a football
coach in high school and after joining the Air Force, a
fighter pilot.
The turning points in my life have been when
I married my wife Roxson at age 18, to whom I have
been happily married for 39 years; when I volunteered in
Vietnam and spent 5½ years in the military; I tried to join
the Marines, but because of a bad knee from a football
injury, I joined the Air Force. After graduating from the
University of Maryland, I decided to go to law school and
not business school. I decided in law school that I wanted
to be in public service, and I have served in an elected
position for the last 30 years. Finally, I decided to give up
private practice to become a judge.
Growing up, I always looked up to my dad. He
worked for the Baton Rouge Coca-Cola Co. He got up
early, often worked six days a week and never complained.
Most importantly, he worked really, really hard, and he
was always good to other people.
My first job: I went to work early at age 14 working
construction during the summer and as a zoo keeper at
the Greater Baton Rouge Zoo on weekends. The pay was
$1.40 an hour. I have worked ever since.
I first became interested in the legal profession
while in college at the University of Maryland.
What I have missed most since my time as a
practicing attorney is participating in jury trials. I loved
being an advocate in a jury trial. I also miss not having
more interaction with the other practicing lawyers.
Campaigning for a judicial position is enjoyable. I
like to meet people. In fact, I spent a large amount of time
during the spring semester of my third year of law school
campaigning for a position on the Baker City Council
March 2011 Around the Bar 13

and was elected councilman the day I graduated. So, I got
involved with campaigning very early in my legal career.
I’d have to say the best part about a judicial campaign is
that the candidate cannot ask anyone for money, which is
the hardest part of any campaign.
The hardest transition from lawyer to judge
was setting aside my role as an advocate and letting the
lawyers do their job.
The most challenging aspect of being a judge
has changed over time. Initially, I served over criminal
cases only; there, it was sentencing defendants. As a civil
judge, often the cases boiled down to credibility, and it
was sometimes difficult to determine what was the truth.
As an appellate court judge, the most challenging aspect is
having to read between the lines of a cold record to figure
out what really happened at the lower level to determine
whether justice was served. I continually must remind
myself that I am not the trial judge and that every case I
write can be used as precedent in other cases.
I have the most fun in the courtroom when really
good lawyers are presenting an interesting case in a new
area of law. I really enjoy an intellectual discussion of the
law and seeing great lawyers at work.
The biggest difference between being a district
court judge and an appellate court judge is that a
judge at the district court level is trying to find justice of
the cause in every case before him or her. As an appellate
court judge, you must make sure you are doing justice
in not only the particular case before you, but you must
consider what precedent this holding would be setting
for other similarly situated cases that may come up in the
future.
My favorite areas of the law are civil personal injury
and constitutional law.
The best advice I can give to lawyers appearing
before me is to understand your weakest point and be
able to discuss it and distinguish it.
I serve as an adjunct professor at the Southern
University Law Center because I enjoy helping
students; and throughout my 16 years as a judge, I have
seen young lawyers make some foolish mistakes. I have
been teaching at the SULC for the last 15 years, focusing
mainly on intensive motion practice. I am also involved
with the clinical programs. There is always room for
good lawyers, but I think it’s more important now than
The BRBA Easter
Eggstravaganza
Committee
is now collecting
the following:
8000 Plastic candy-filled
Easter eggs (Pre-filled with
Easter candy and
individually sealed)
Completed Easter baskets
(already filled with candy
and toys, and wrapped in
decorative plastic and a bow)
If you are interested in filling
baskets, our committee can
drop off empty baskets
at your office.
Deadline to drop these items
off to the Middleton Bar
Center (544 Main Street) is
Friday, April 15, 2011.
The Easter basket distribution
and the Easter egg hunts
will be held the week
of April 18.
14 Around the Bar
March 2011

ever before to have older lawyers mentor the younger
generations, especially because more graduates are having
to hang out their own shingles in this tough economy.
The Dean Henry George McMahon American
Inns of Court focuses on legal professionalism and
ethics. I first became involved in 2009, and my experience
with the Inn has been very rewarding. I currently serve as
president.
If I could reform our state’s judicial system in
one way, I would require all civil proceedings at the
district court level and oral arguments before the Courts
of Appeal to be recorded and broadcast on a live Internet
feed, similar to how the Louisiana Supreme Court
broadcasts its oral arguments. This would make judges
and lawyers more accountable for their actions, and it
would be an invaluable teaching tool for students and
young lawyers. I firmly believe our court system should be
opened up more.
The best advice I ever received about being a
judge was to be prepared, be courteous to the litigants,
control the courtroom, and make a timely decision based
upon the law and evidence to assure that people receive
their rightfully deserved day in court.
What I have learned most from being a judge
is that people are human; nobody is perfect. The most
important thing I can do is to be fair and impartial and to
try to seek justice.
If I could do things all over again, I would
have joined the Air Force Reserves and continued my
involvement with the military after my 5½ years of
service.
If I could have dinner with four great legal minds,
I would choose Abraham Lincoln, John Marshall,
Thurgood Marshall and E.D. White.
The key to success for a lawyer is to treat every
client like he or she is the only one you represent and to
treat every case like it’s the last one you will ever handle.
With that attitude and work ethic, clients will be beating
down your door. Also, you need faith in our judicial
system. It’s not perfect; however, throughout my 30 years
of experience, I have noticed if everyone does his job,
justice generally prevails. Finally, you need to have faith in
God. Your faith will get you through the tough spots; and
there will be some of them, but hopefully not many.
Louisiana State University
Paralegal
Studies
Program
Paralegal Program Approved by
the American Bar Association
Helping lawyers
find paralegals
for full-time,
part-time, permanent,
and short-term
employment.
For more information about
our placement services,
call LSU Legal Studies
at 225/578-6760.
www.outreach.lsu.edu
March 2011 Around the Bar 15

ar news
BY PAMELA LABBE
BRBA hosts memorial ceremony at new 19th JDC
courthouse building Jan. 19
The BRBA hosted the Opening of Court, Memorial
and New Member Ceremony Wednesday, Jan. 19, 2011, at
8:30 a.m. at the new 19th Judicial District Court building.
The ceremony honored deceased BRBA members and new
members of the bar, and recognized members who have
practiced law for 50 and 60 years.
The ceremony began with opening remarks by Judge
Anthony Marabella and Preston J. Castille Jr. Judge Luke
LaVergne (Ret.) led the Pledge of Allegiance. BRAWA
President Janice M. Reeves and Louis A. Martinet
Legal Society President Alejandro Perkins handled the
remembrance of the deceased bar members, which was
followed by the extinguising of the ceremonial candle by
Judge Melvin Shortess (Ret.). Membership Chair Carla
Courtney-Harris and YLS Chair-elect Jamie Hurst Watts
introduced the new members of the bar, followed by
Watts’ re-lighting of the candle.
Special thanks to the 2011 Memorial Ceremony
Planning Committee for coordinating this
event. Judge Anthony Marabella served as
the committee chair, and Fred T. Crifasi and
Edward J. Walters Jr. were vice-chairmen.
BRBA President-elect Gail S. Stephenson
and Executive Director Ann G. Scarle also
served on the planning committee. Electronic
Discovery of Baton Rouge assisted with the
PowerPoint presentation.
Judge Melvin Shortess (Ret.) extinguishes the ceremonial flame after
honoring lawyers who died within the last year at the Opening of Court,
Memorial and New Member Ceremony Wednesday, Jan. 19, 2011, at the
new 19th Judicial District Courthouse.
First Circuit Court Judge Toni Higginbotham and 19th Judicial District Court
Judge Kay Bates stand beside their daughters Whitney Higginbotham
Greene and Mary Colvin, who are new lawyers to the BRBA.
PHOTO BY PAMELA LABBE
PHOTO BY PAMELA LABBE
19th Judicial District Court holds
ribbon cutting ceremony
On Monday, Jan. 10, 2011, at 4 p.m.
a ribbon cutting ceremony, organized by
Judge Janice Clark and 19th JDC Judicial
Administrator Jo Bruce, was held for the
19th Judicial District Court. After the
ribbon was cut, the guests were invited into
the new courthouse to attend a presentation
by Judge Clark, Judge Tim Kelley and
East Baton Rouge Parish Mayor-President
Melvin Holden. Edward J. Walters Jr.
presented remarks on behalf of all lawyers.
The facility’s architect Skipper Post and
Chief Judge Tony Marabella spoke as well.
Judge Kelley and Judge Clark served as the
co-chairs of the Construction Committee
for the 19th JDC Courthouse.
16 Around the Bar
March 2011

PHOTO BY PAMELA LABBE
Edward J. Walters Jr., Mrs. McGehee and Judge Eugene W. McGehee (Ret.)
attended the Jan. 19, 2011, Opening of Court, Memorial and New Member
Ceremony. Judge McGehee was recognized for 60 years of practicing law.
Judge Tim Kelley and Judge Janice Clark shared comments to the crowd
before cutting the ribbon at the Jan. 10, 2011, Ribbon Cutting Ceremony,
held at the 19th Judicial District Court’s new home at 300 North Blvd.
PHOTO BY KAITLIN DUCOTE
PHOTO BY FRED TULLY
The actual moment of the ribbon being cut was captured
above as Judge Tim Kelley holds the ribbon and Judge
Janice Clark conducts the ceremonial cutting.
April bar luncheon to offer one-hour
Continuing Legal Education seminar
A one-hour CLE seminar presented
by Jean Faria will follow the BRBA April
bar luncheon and community justice
symposium. The seminar is scheduled to
take place from 1:30 to 2:30 p.m. at De La
Ronde Hall.
Contact the bar office with any
questions (225-344-4803) or to register.
BRBA members serve on 2011 Capital
Area CASA board
Sexton ~ Hebert, Attorneys at Law
Four decades of experience in the
resolution of State Ethics, Campaign Finance
and Lobbyist Registration issues and general Construction Law
R. GRAY SEXTON
10715 N. Oak Hills Parkway
Baton Rouge, LA 70810
225-767-2020
www.sextonhebert.com
TODD HEBERT
BRBA member Karleen J. Green has
recently been elected to serve as
2011 secretary of the CASA board
of directors. Holly Q. Sides is
newly elected to the CASA board,
while those BRBA members who
are returning to the CASA board
are Valerie Bargas, Todd Caruso,
Deborah E. Lamb, Henri M.
Saunders and Mary H. Thompson.
March 2011 Around the Bar 17

PHOTO BY PAMELA LABBE
PHOTO BY DONNA BUUCK
BRBA Past President Leo C. Hamilton (2003), Judge Brian A. Jackson and
Louis A. Martinet Legal Society President Al Perkins attended the Opening of
Court, Memorial and New Member Ceremony held by the BRBA Wednesday,
Jan. 19, 2011, at the new 19th Judicial District Courthouse.
New BRBA website is under construction
A new website is in the works for the members of the
Baton Rouge Bar Association. The Technology Committee
has been hard at work planning the site, which will be
fully functional and online in the months to come. The
updated website (www.brba.org), which will accept credit
card transactions, is expected to be user friendly.
Adrian Nadeau with Long Law Firm is the chair of the
Technology Committee, and Stephen Babcock of Babcock
Partners is the vice chair.
While the design of the website has
been guided by the Technology Committee,
the Publications Committee is responsible
for reviewing and approving the content
of the website. Edward Walters Jr. is the
chair of the Publications Committee while
Pamela Labbe is the staff liaison for both
committees.
Follow Bar Association events with
your favorite social media
Affordable
Quality
New & Used
Office Furniture
John W. Schwab Jr., Judge Melvin Shortess (Ret.) and Donna Schwab
attended the Jan. 13, 2011, reception for 2011 Bar Leaders, which was held
at the Middleton Bar Center.
BRBF Law Day activities will be held March 25
The BRBF Law Day program will take place Friday,
March 25, 2011, at the Baton Rouge River Center, the
19th Judicial District Courthouse and the Baton Rouge
City Court. U.S. Congressman William Cassidy will be
the guest speaker.
The Law Day Committee chair is Alejandro Perkins.
Beau Brock is the vice chair.
For more information, please contact Donna Buuck
at 225-214-5556 or donna@brba.org.
OFFICE FURNITURE WORLD
If you now use social media, you can
follow the BRBA on Twitter: twitter.com/
brBAR or on Facebook use the keywords
“Baton Rouge Bar Association.”
On the BRBA website, we do have links
to our social media presense. To find our
Twitter or Facebook links on the www.brba.
org, go to the Important Announcements
section of the site on the lower left-hand
side of the site. The BRBA has a general
purpose fan page, a Pro Bono Project fan
page and a group for BRBA members.
We upload photos from receptions and
events and post information about pertinent
deadlines.
Your office can look
like a million dollars
with premium quality
furniture at savings
of 45% to 65% less
than the standard
retail cost.
Serving Baton Rouge Since 1990
Locally Owned
225-751-4024
12944 Coursey Boulevard
Baton Rouge, LA
COURSEY BLVD. AT STUMBERG LN.
18 Around the Bar
March 2011

PHOTO BY PAMELA LABBE
PHOTO BY PAMELA LABBE
PHOTO BY PAMELA LABBE
Public Law Practice Section
officers sworn in during the
January Bar Luncheon included
Nina Hunter (chair) and Henry
Graham (chair-elect).
BRBA Family Law Section
officers photographed at the
January Bar Luncheon were
Laurie Marien (chair), Wendy
L. Edwards (chair-elect) and
Thomas Hessburg (secretary).
(Photo top, left) BRBA Young Lawyers Section officers include (L to R,
standing) Lyla N. DeBlieux, Laranda Moffett Walker, Adam Thames, Sebastian
Caballero Ashton and Jamie Hurst Watts; (seated) Amanda Stout, chair
(center) and Cathy Saba Giering (left). Valerie Bargas (seated, far left), the
2010 recipient of the Judge Keogh Award, has been extremely active with
pro bono, including her work with the LSBA Wills for Heroes program.
PHOTO BY PAMELA LABBE
Register today for Bench Bar Conference 2011
The Bench Bar Conference is just around the corner
(April 28-30, 2011), so register for the 2011 Bench Bar
Conference today: www.brba.org/forms/BBC2011.pdf.
Call 225-344-4803 with any questions.
BRBA 2011 Board Members sworn in during the January Bar Luncheon
included (L to R, seated) Darrel Papillion, secretary; Amy C. Lambert,
director; Gail S. Stephenson, president-elect; Fred T. Crifasi, past president;
Jeanne Comeaux, director; Linda Law Clark, director; Preston J. Castille Jr.,
president; Karli Glascock Wilson, director; and Kyle Ferachi, director.
March 2011 Around the Bar 19

PHOTO BY PAMELA LABBE
PHOTO BY PAMELA LABBE
Judge Brian A. Jackson officiates over the swearing in of the BRBA 2011
officers, including the BRBA’s newest president, Preston J. Castille Jr.
BRBA honors 2011 bar leaders with reception
All 2011 bar leaders, including committee chairs and
members, were honored at a reception held at the Middleton
Bar Center Thursday, Jan. 13, 2011, 5 to 6:30 p.m. The
John Gray Jazz Trio provided musical entertainment while
guests enjoyed catering by Sammy’s Grill. BRBA President
Preston J. Castille Jr. welcomed guests. Taylor, Porter,
Brooks & Phillips sponsored this reception.
Earlier, the BRBA had held a new officer installation
ceremony at the January Bar Luncheon at De La Ronde
Hall. Special thanks to Electronic Discovery of Baton
Rouge for assistance with the PowerPoint presentation.
Recipients of the 2010 President’s Award, including Sonny Chastain, Judge
Bill Morvant, Brian Andrews (accepting on behalf of Storywood), Erik
Kjeldsen and Edmund Giering IV, were honored Jan. 13, 2011, during the
January Bar Luncheon.
GAIL’S GRAMMAR
Should different be followed by from or than? Different
from is preferred in American English, although different
than may be used to begin clauses when different from
would sound awkward. The basic rule is that if different from
sounds right, use it; use different than only when different
from just won’t work.
EXAMPLES:
Common law is different from civil law.
The Ninth Ward looks different than it did before Hurricane
Katrina.
Send suggestions for future Gail’s Grammar columns to Gail
Stephenson at GStephenson@sulc.edu,
or call Gail at 225.771.4900 x 216.
20 Around the Bar
March 2011

March 2011 Around the Bar 21

foundation footnotes
PRO BONO PROJECT & TEEN COURT JANUARY REPORTS
PRO BONO PROJECT REPORT —
We would like to extend a special thanks to all of the
volunteers who donated their time to the Pro Bono Project
during the month of January.
The Thirst for Justice solo practitioner volunteers
were Terry Bonnie, Byron Kantrow, Allen Posey, Judge
Melvin Shortess (Ret.) and Emily Ziober. The Thirst for
Justice volunteers from firms were James Austin and
Robert Wooley, Adams & Reese; Todd Gaudin, Kuehne,
Foote & Gaudin APLC; Zelma Frederick, McGlinchey
Stafford, PLLC; and Mac Womack, Taylor, Porter,
Brooks & Phillips, LLP.
The law student intake volunteers were Megan Bice
and Sarah McDonagh, LSU Paul M. Hebert Law Center.
The BRBF intern was Cleveland Patterson, Southern
University Law Center.
The Ask-A-Lawyer volunteers were Emily Ziober and
James Austin, Adams & Reese.
Special thanks to Melanie Newkome-Jones and Gary
McKenzie, Steffes, Vingiello & McKenzie, who accepted
cases in January.
The Pro Bono Project is financially assisted by the Interest on Lawyers’
Trust Accounts (IOLTA) Program of the Louisiana Bar Foundation;
Capital Area Legal Services; Family, District and City Court Filing Fees
and the Baton Rouge Bar Foundation.
TEEN COURT REPORT—
One Teen Court hearing was held in January 2011.
Crystal Losey French, Lindsay Watts and Tavares Walker
served as judges and jury monitors.
Volunteers are needed to serve as
judges for the Teen Court hearings and
to assist with training sessions. If you
are interested in volunteering, please
contact Donna Buuck at 225-214-5556
or donna@brba.org.
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.
VOLUNTEERS
NEEDED FOR
LAW DAY
(FRIDAY, MARCH 25)
PLEASE CONTACT
DONNA BUUCK
TO VOLUNTEER
TO HELP WITH
THE BRBF’S 2011
LAW DAY ACTIVITIES.
225-214-5556
DONNA@BRBA.ORG
22 Around the Bar
March 2011

2
March 2011
1
1
3
1
2
3
4
5
6
7
8
9
10
11
12
For classifi ed or display ad rates,
contact Pamela at (225) 214-5560
or e-mail: pamela@BRBA.org
Duty Court
Schedule
19 TH JDC CIVIL COURT
Feb. 28 - March 11
March 14-March 25
March 28-April 8
Judge Bates
Judge Caldwell
Judge Fields
19 TH JDC CRIMINAL COURT***
Feb. 25-March 4
March 4-March 11
March 11-March 18
March 18-March 25
March 25-April 1
Judge Moore
Judge Johnson
Judge White
Judge Marabella
Judge Anderson
BATON ROUGE CITY COURT*
Feb. 28-March 6
March 7-March 13
March 14-March 20
March 21-March 27
March 28-April 3
Feb. 28-March 4
March 7-March 11
March 14-March 18
March 21-March 25
March 28-April 1
March 1-March 31
FAMILY COURT**
Judge Temple
Judge Wall
Judge Alexander
Judge Ponder
Judge Davis
Judge Dampf
Judge Lassalle
Judge Baker
Judge Woodruff-White
Judge Dampf
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
Monday, March 7
Tuesday, March 8
COURT HOLIDAYS
13
20
27
Lundi Gras
Mardi Gras
BENCH BAR CONFERENCE 2011
Be sure to make your hotel room reservations
early at the Marriott Grand Hotel in Point
Clear, Ala., for the 2011 BRBA Bench Bar
Conference. The Benjy Davis Project will be
performing. Come see the Bench Bar Boogie
Band’s Final Conference Performance!
Registration forms are online at
www.brba.org/forms/BBC2011.pdf.
For more information, contact
Ann G. Scarle at 225-214-5563.
14
21
28
15
22
29
16
23
30
Classifieds
17
24
31
18
25
31
LOUISIANA SOUTHERN REPORTERS
for sale, Volumes 1 - 536, and some extra
volumes in advance sheets. Must pick
up. $500 or best offer. Contact Cindy at
225-337-4726 or 225-664-6939.
LSU PARALEGAL STUDIES PROGRAM
is looking for an adjunct instructor to teach
Environmental Law to paralegal students
for the summer 2011 semester from June 6
to July 28. Candidate must be attorney or
experienced paralegal who is an expert in
the area of environmental law regulations
and litigation. Send resume and cover letter
to cdeshotels@outreach.lsu.edu or fax to
225-578-6761.
LSU PARALEGAL STUDIES PROGRAM
is looking for a Summation trainer to train
paralegal students in a 4-day setting (May
12, 13, 16 & 17) from 8:30 to 4:30 each day.
Certifi cation is preferred but not required.
Experience can substitute for certifi cation.
Interested candidates should send resume
and cover letter to cdeshotels@outreach.lsu.
edu or fax to 225-578-6761.
ATTORNEYS/JUDGES WHO BELIEVE
they have problems with alcohol and/or
drugs are welcome to attend meetings with
other similarly situated attorneys/judges
held on Tuesdays at The City Club, 355
North Blvd. Contact number: 225-753-3407.
Thursday meetings are at Bocage Racquet
Club, 7600 Jefferson Hwy. Contact number:
225-928-5053. Both meetings are dutch treat
and are from noon to 1 p.m. Strict anonymity is
observed outside these 12-Step Meetings.
LAW DAY NEEDS VOLUNTEERS
Law Day is early this year: Friday, March 25,
2011. To volunteer, contact Donna Buuck at
225-214-5556.
EASTER BASKET AND
STUFFED-PLASTIC EGG DRIVE
Friday, April 15, 2011, is the deadline to drop
items off at the Middleton Bar Center, 544 Main
Street. Contact Carole at 225-214-5557 or
carole@brba.org for more information.
19
26
*Unless otherwise noted, all meetings will
be held at the Baton Rouge Bar offi ce.
Calendar of Events
1 YLS Council meeting, 12 p.m.
2 Law Day moderators meeting, 12 p.m;
Membership Committee meeting, 12 p.m.;
Thirst for Justice, St. Vincent de Paul,
3-5 p.m.;
Operations & Finance Committee
meeting, 3:30 p.m.;
Executive Committee meeting, 4 p.m.
3 March Bar Luncheon, 11:45 a.m.,
De La Ronde Hall
Thirst for Justice, St. Vincent de Paul,
3-5 p.m.
5 Ask-A-Lawyer workshop, Zachary
Library, 9-11:30 a.m.
8 Bar Offi ce Closed—Mardi Gras Holiday
9 Law Day Committee meeting, 12 p.m.;
Pro Bono Committee meeting, 12 p.m.;
Thirst, St. Vincent de Paul, 3-5 p.m.;
Law Day moderators meeting, 5 p.m;
2011 Bar Leadership Institute, Chicago
10 Volunteer Committee meeting, 12 p.m.;
Thirst, St. Vincent de Paul, 3-5 p.m.;
2011 Bar Leadership Institute, Chicago
11 2011 Bar Leadership Institute, Chicago
14 Publications Committee meeting, 12 p.m.;
Teen Court Hearing, EBR Juvenile
Court, 5:45 p.m.
16 Ask-A-Lawyer workshop, Catholic
Charities, 9-11:30 a.m.;
Thirst, St. Vincent de Paul, 3-5 p.m.;
BRBA Board of Directors meeting,
Mansurs on the Blvd., 6 p.m.
17 FLS meeting, 12 p.m.;
Construction Law Section meeting &
CLE – “Legislative Update on
Construction Law,” 12 p.m.;
Law Day Committee meeting, 12 p.m;
Thirst, St. Vincent de Paul, 3-5 p.m.;
Thirsty Thursday, a YLS-Sponsored
event, at The Blind Tiger, 5-7 p.m.
18 LSBA 4th Annual Conclave on Diversity
in the Legal Profession, New Orleans
19 Ask-A-Lawyer workshop, Eden Park
Library, 9-11:30 a.m.
21 CLE Committee meeting, 12 p.m.
22 Youth Education Committee meeting,
12 p.m.
23 Thirst, St. Vincent de Paul, 3-5 p.m.
24 Thirst, St. Vincent de Paul, 3-5 p.m.
25 Law Day 2011, BR River Center, 19th
Judicial District Courthouse and
BR City Court, begins at 8 a.m.
28 Teen Court Hearing, EBR Juvenile
Court, 5:45 p.m.
30 Thirst, St. Vincent de Paul, 3-5 p.m.
31 Thirst, St. Vincent de Paul, 3-5 p.m.
March 2011 Around the Bar 23

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