50 years ago... Inside... - Chattanooga Bar Association

Public Notices, page 15 

Real estate section, page 13 

Recipe, 

page 21 Hamilton County Herald 

Are we there 

yet? 

page 6 

VOLUME XCVIII NUMBER 23 CHATTANOOGA, HAMILTON COUNTY, TENNESSEE – SINGLE COPY 50¢ FRIDAY, JUNE 10, 2011 

50 years 

ago... 

What was happening 

in Chattanooga 

in 1961 

Sunday, June 11 

Dr. David A. Lockmiller, 

president of Ohio 

Wesleyan University and 

former president of the 

University of Chattanooga, 

was presented the honorary 

degree of Doctor of Humane 

Letters at the 47th 

annual commencement of 

the American University in 

Washington, D.C., Sunday 

night. 

Monday, June 12 

U.S. District Judge Leslie 

R. Darr proposed Monday 

that the Law College of 

Cumberland University be 

merged with the University 

of Tennessee College of 

Law and be located in Chattanooga. 

Wednesday, June 14 

Commissioner Pat Wilcox 

on the advice of his 

physician has taken a sick 

leave from his duties at City 

Hall. He requested Mayor 

Olgiati to take full charge 

of the Department of Public 

Works until he is able to 

return to his office. 

Friday, June 16 

Mayor Olgiati and 

County Judge Frost will 

dedicate Moccasin Bend 

to public use in honor of 

the men of the North and 

South who fought on area 

battlefields during the Civil 

War. June 18-24 will be 

proclaimed as “Civil War 

Centennial Week.” 

Inside... 

Real estate section ..13 

OTHER INFORMATION 

I Swear ......................6 

Critic’s Corner ..........21 

Legal community celebrates equal access to justice 

By David Laprad 

Equal justice for all citizens 

took center stage on May 26 

as attorneys, judges, paralegals 

and summer associates filled 

the elegant confines of Lindsay 

Street Hall to observe Pro Bono 

Night 2011: An Evening with 

the Stars. 

Hosted by the Pro Bono 

Committee of the Chattanooga 

Bar Association, the Young Lawyers 

Division of the bar and 

Legal Aid of East Tennessee, 

the event honored the members 

of the bar and bench who 

donate their time and talent to 

help low-income members of the 

Scenic City community achieve 

access to justice. 

Tennessee Supreme Court 

Justice Cornelia Clark provided 

the keynote speech, during 

which she defined justice not 

as “the guarantee of a particular 

outcome in a particular case, 

but as the guarantee of equal 

access to rights and protections 

our courts offer.” 

“We are here tonight 

because we believe justice should 

not be limited to the people 

who have the greatest power or 

Will dance for votes: Dancing with the Stars – part two 

By David Laprad 

Attorney Wade Hinton has 

impressive credentials. Since 

he came home to Chattanooga 

Judge John McClarty, Tennessee Supreme Court Chief Justice Cornelia Clark, attorney Sam Elliott, and attorney 

and Chattanooga Bar Association president Ira Long at Pro Bono Night 2011. Additional photos on page 12. 

(David Laprad) 

the fattest wallets. We are here 

because we believe equal access 

to our courts is a basic right that 

should be available to all people 

regardless of race, class, educa- 

in 1999 to practice law, he’s 

been the president of the 

Young Lawyers Division of the 

Chattanooga Bar Association, 

served on the bar associa- 

tion, or disability,” she said. 

Chief Justice Clark then 

said a nation that claims to be 

just has the responsibility to 

make justice available to all of 

tion’s board of governors, and 

completed the Tennessee Bar 

Association’s Leadership Law 

program. 

Civically, Hinton has served 

Attorney Wade Hinton and professional dance instructor Ashley Cuticchia fine-tune their Dancing with the 

Stars Chattanooga routine at Fred Astaire Dance Studio. The annual fundraiser benefits Partnership for Families, 

its citizens, but that the U.S. 

and the State of Tennessee are 

falling short. 

Continued on page 2 

on the University of Tennessee’s 

Chancellor’s Roundtable, is serving 

on the CreateHere, Stand, 

and Community Foundation of 

Greater Chattanooga Boards, is 

a member of the NAACP and 

Chattanooga Downtown Rotary, 

and is the president of the Urban 

League of Greater Chattanooga 

Young Professionals Association. 

As a strong advocate of his 

community and as an African 

American who has worked with 

the Hamilton County mayor’s 

office on civil rights policy, 

Hinton is known for having 

“a great understanding of the 

importance of civic engagement 

and adding marginalized voices 

to the public dialogue (www. 

createhere.org).” 

Hinton also serves as corporate 

counsel for Volkswagen 

Group of America for its 

Chattanooga operations. 

All of that is well and good. 

But none of it will help him 

the night of June 25, when he 

takes his place on the stage 

of the Tivoli Theatre along 

with seven other local celebrities 

to participate in the Fourth 

Annual Dancing With the 

Stars Chattanooga, a fundraiser 

for Partnership for Families, 

Children and Adults. Even his 

“pretty fancy two step” won’t 

give him an edge on the competition. 

“I was not asked to perform 

any of my moves, so my two step 

didn’t make it into the routine,” 

he says. 

Instead, Ashley Cuticchia, 

a professional instructor at 

Fred Astaire Dance Studio and 

Hinton’s partner at the event, is 

doing the choreography. 

As disappointed as Hinton 

is about not being given the 

chance to show off his signature 

move, he can feel good 

about one thing: Unlike Mark 

Children and Adults. (David Laprad) Continued on page 3

2 Friday, June 10, 2011 www.hamiltoncountyherald.com 

HAMILTON COUNTY HERALD 

World War II vets who liberated Norway honored at embassy 

By Anya Sippen 

SHFWire 

More than 60 years after 

the end of World War II, veterans 

from a special unit of 

the U.S. Army were recognized 

for their service at a ceremony 

at the Norwegian ambassador’s 

home. 

The 99th Infantry Battalion 

(Separate) was a unique 

group of hand-selected soldiers. 

Everyone in the unit had to 

be Norwegian, or of direct 

Norwegian descent, and they 

all spoke the language fluently. 

Torstein Wilfred Jacobsen, 

88, of Zellwood, Fla., was 

one of several veterans from 

Florida invited to Washington 

to receive the Norwegian 

Medal of Participation from 

Ambassador of Norway Wegger 

Chr. Strommen. 

Jacobsen said being a part 

of the 99th was like being 

among neighbors. 

“We became very good 

friends,” he said, “like a band of 

brothers.” 

The 99th Battalion was 

designed specifically to take 

part in the liberation operation 

in Norway. Aside from their 

distinct cultural backgrounds, 

which made them eligible for 

the unit, they also needed spe- 

Pro Bono Continued from page 1 

“More than 35 million 

Americans are still living below 

the poverty level, and another 

10 million have incomes that are 

less than 25 percent higher than 

that level. At least 40 percent 

of these Americans have a legal 

problem of some kind each year. 

Low-income Tennesseans are 

no different. Seventy percent of 

low-income Tennesseans experience 

some type of legal problem 

each year. 

“But with slightly less than 

22,000 licensed attorneys in the 

state, and far fewer participating 

in pro bono programs, most 

of these low-income individuals 

have limited or no access to legal 

counsel. They feel shut out from 

the legal system. They do not 

turn to the system for solutions 

because they believe the system 

will not help them.” 

Chief Justice Clark also said 

the Tennessee Supreme Court 

believes pro bono service is critical 

to each attorney’s fulfillment 

of his or her obligation to the 

profession. 

“If we are to live up to the 

common calling to promote the 

public good, and if we are to 

have any hope of providing liberty 

and justice for all, then we 

must embrace and celebrate our 

obligation to devote professional 

time on behalf of our brothers 

and sisters who need our help. 

“We in the law are especially 

privileged, and we must give 

especially generously in return. 

That is a promise we made when 

we took our oaths, and it is one 

we must keep every day.” 

Following Chief Justice 

Clark’s comments, the hosts of 

Pro Bono Night honored several 

legal professionals who in 2010 

demonstrated a strong commitment 

to representing lowincome 

Tennesseans in pro bono 

cases and to supporting pro bono 

initiatives. 

McWilliams & Gold received 

the Firm of the Year award 

for its commitment to improving 

the lives of underserved children. 

In 2010, the two-person 

firm assisted 11 pro bono clients 

with family law matters, including 

adoptions. 

“They’ve never said no to 

an adoption we’ve asked them 

to take,” said Legal Aid assistant 

director Richard Fowler, who 

presented the award. 

Rachel Fisher, an attorney 

with Scenic City Legal Group, 

received the Pro Bono Advocacy 

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Soldiers in the 99th Infantry Battalion (Separate) were awarded Participation Medals from Norwegian 

Ambassador Wegger Chr. Strommen. From left, Sigvard Johnson, Torstein Wilfred Jacobsen, Richard Lumpp, 

J. Jarvis Taylor. (Photo by Anya Sippen) 

cial skills such as skiing. 

Maj. Eystein Kvarving, a 

spokesman for the Norwegian 

chief of defense, said the 99th 

saw combat in France, Belgium 

and Germany. The unit entered 

Norway May 30, 1945, to disarm 

what remained of the 

Award for her work with lowincome 

clients. Pro bono director 

of Legal Aid Maeghan Jones 

commended Fisher for stepping 

outside her area of expertise as a 

transactional and corporate lawyer 

to help a victim of domestic 

violence obtain a divorce. 

“Rachel has made a commitment 

to the Chattanooga 

community and to Legal Aid 

to provide 50 hours of pro bono 

service every year. Recognizing 

that divorces involving victims 

of domestic violence are difficult 

to place with pro bono attorneys, 

she takes on pro bono divorces 

in order to fulfill her 50 hours,” 

Jones said. 

Jones also presented the Pro 

Bono Excellence Award, given 

to Amanda Branam Rogers of 

Luther Anderson for her “outstanding 

contributions to the pro 

bono project and to the mission 

to achieve access to justice.” 

“In the last year, Amanda 

gave nine low-income clients 

access to justice. In addition, 

she’s a regular volunteer at Legal 

Aid’s weekly pro bono intake, 

where she connects low-income 

clients to attorneys who can 

assist them. Amanda is also a 

champion of pro bono service 

within her firm and the larger 

legal community, as she recruits 

attorneys to participate in free 

legal advice clinics and heralds 

the importance of pro bono service 

to anyone who will listen,” 

Jones said. 

To draw attention to paralegals 

and other support staff 

within the legal community that 

provide pro bono work, Jones 

presented the first annual Pro 

Bono Paralegal of the Year 

Award to Jamie Carpenter of 

McWilliams & Gold. 

“When we talk about pro 

bono work, we sometimes overlook 

the critical role paralegal 

and support staff play. Jamie pro- 

German military forces. 

King Haakon VII was so 

impressed with the unit that 

he made the 99th his honor 

vides a bridge between Legal Aid 

of East Tennessee, the attorneys 

at McWilliams & Gold, and our 

clients. 

“Last year, she went above 

and beyond her already fine 

standard of service when she 

helped coordinate a complicated 

adoption that involved two 

attorneys, a client hospitalized 

in Nashville, and a hearing with 

a chancellor via cell phone. The 

case required significant coordination 

and attention to detail. 

Without Jamie’s support, it 

would not have been possible for 

a very special family to obtain an 

adoption.” 

Pro bono emeritus attorney 

Dick Ruth presented the Bruce 

C. Bailey Pro Bono Volunteer 

of the Year Award to attorney 

Joseph C. Simpson of Husch 

Blackwell for his “extraordinary 

commitment to helping the 

most vulnerable members of the 

Chattanooga community access 

the justice system.” 

“Joe has provided assistance 

to nearly 50 pro bono clients 

since he began volunteering with 

the program. He’s the one the 

folks at Legal Aid turn to when 

they have a complicated probate 

or elder law matter because they 

know he’ll never turn away a client 

in need,” Ruth said. 

To wrap up the awards 

portion of the evening, Fowler 

presented the Chief Justice 

M. Barker Equal Access to 

Justice Award to Judge Jeff 

Hollingsworth for his work to 

make “systemic change to further 

the goal of equal access to 

justice.” 

“He has been critical in 

organizing legal clinics at East 

Brainerd Recreational Center, 

has been instrumental in helping 

us to establish legal clinics 

with the Chattanooga Bar 

Association, and has been a liaison 

between Legal Aid and those 

guard when he returned to the 

country after five years of exile 

following Norway’s liberation. 

A carpenter for the 99th, 

Jacobsen was a builder after the 

war. 

He did not recognize many 

of 15 others who were honored 

at the ceremony, but he said it 

was beautiful seeing those he 

did know. 

Jacobsen’s son, Alan, said 

this reunion allowed his father 

to talk about memories from 

the war. 

“For a lot of vets, it’s hard 

to talk about it,” Jacobsen’s son 

said. “So one of the neat things 

about the 99th get-together 

here, is that they’ve been able 

to share, and even though it’s 

been so many years, it’s really 

cathartic.” 

After being pinned with 

bronze medals decorated with 

the Norwegian flag and coat of 

arms, each veteran received a 

diploma signed by King Harald 

V, King Haakon VII’s grandson, 

and Chief of Defense Gen. 

Harald Sunde. 

Ove Bjelland, 88, of 

Naples, Fla., could not make 

the trip to Washington for 

the ceremony, but he, as well 

as others who were unable to 

attend, will receive his medal 

later this year. 

promoting equal access to justice 

at the bench. 

“When he went to the 

bench, he could have stepped 

away from Legal Aid and access 

to justice, but he doubled his 

efforts,” Fowler said. 

In turn, Hollingsworth 

thanked the legal professionals 

in the room for their work on 

behalf of low-income clients. 

“You’re the ones who take 

on the headaches and the stress. 

This award honors me, but I’m 

more honored to be associated 

with you.” 

Nearly 20 event sponsors 

joined forces to make Pro Bono 

Night 2011 happen. As hosts 

of the social hour preceding the 

main event, Carter Distributing, 

Husch Blackwell and Warren & 

Griffin provided and wine and 

paid for the food. Julia’s Fine 

Foods from Sewanee, Tenn., 

provided the catering at cost. 

Many others contributed 

their time and resources to the 

evening as well. The YLD solicited 

over 24 items from local 

merchants for a silent auction 

that raised funds for Legal Aid, 

Chattanooga Legal Professionals 

put together the colorful centerpieces 

that adorned each table, 

and LaTrice Curry of WRCB 

hosted the live auction that 

closed the evening. Among the 

items she sold were a low country 

boil for six, to be prepared by 

Judge Hollingsworth. 

During her keynote speech, 

Chief Justice Clark urged everyone 

in the room to continue to 

promote justice and the public 

good through pro bono work. 

“As you leave here tonight, 

the power of pro bono is in your 

hands and in your heart. I’m 

confident you will carry it well 

as you lead the rest of the world 

not only to where they want to 

go, but also to where they need 

to be.” ❖

HAMILTON COUNTY HERALD www.hamiltoncountyherald.com 

Friday, June 10, 2011 3 

under 

analysis 

By the Levison Group 

Mark Levison 

Charles Kramer 

Spencer Farris 

Michelle St. Germain 

I spent time reflecting in 

the Levison Towers Meditation 

center this week. I believe this 

suite on the 18th floor was supposed 

to be a “Mediation” center 

where clients would come 

and work out their disputes. The 

good folks at Mike’s Diskount 

Sygns thought differently and 

misspelled the placards in the 

lobby and halls. Rather than 

repaint and admit that a mistake 

was made, the partners decided 

to add a rock garden and pipe 

in pan flute music. We still hold 

mediations here, by the way. 

They are just more zen. 

The pan flute is a welcome 

respite from the music of the 

cicadas flooding every waking 

and sleeping minute here in the 

Midwest. We dodged between 

the clumsy bugs on the way to 

my son’s high school graduation 

last week. He was not impressed 

that these creatures began their 

lives about the same time he 

did. It was not wasted on me 

that when the offspring of these 

bugs buzz the earth my career, 

and perhaps even my time walking 

on earth will have drawn 

to a close. And so it is, Gentle 

Reader, that today’s missive is 

born of meditation and little 

more. Forgive me if things seem 

a bit random. 

I received an email from 

a young lawyer this week. I 

emailed first, telling her that 

I didn’t think her discovery 

responses were in compliance 

with the court order on the 

Ramsey, the other attorney competing 

in Dancing with the Stars 

Chattanooga, Cuticchia let him 

pick his own music. 

“I’m a big fan of Michael 

Jackson. He was a phenomenal 

artist, and I still play his music 

like it just came out,” he says, 

stopping short of revealing the 

song to which he’ll be strutting 

his stuff. 

Hinton loves Jackson’s 

music so much, he believes it’ll 

inspire a strong performance. 

“People might think he’s in 

the house,” he says, referring to 

Jackson. 

Hinton is, of course, just 

having fun. Just as when he 

throws a little good-natured 

smack talk in the direction of his 

legal opponent, Ramsey. 

“There will be only one lawyer 

dancing that night. I’m not 

going to say which one it’ll be, 

but it won’t be Mark,” he says, 

smiling. 

Hinton eases off the jokes 

to talk about the importance 

of the event, where he and the 

other participants will be raising 

money on behalf of a Partnership 

program of his or her choice. 

“I’m going to practice hard, 

but more importantly, I’m going 

to do my best for the counseling 

center at Partnership. They do 

a lot for our community. They 

offer services to employers, and 

they help a lot of kids and families 

who need counseling services 

but can’t afford them. 

Adversary doesn’t mean 

enemy in Latin 

By Spencer Farris 

topic. I didn’t accuse her of 

any misdeed, but thought she 

simply didn’t realize what she 

had done. 

She didn’t appreciate that 

I took issue with her responses, 

and told me so. Her exact 

words were “I don’t appreciate 

your improvident assertion that 

I have not satisfied my obligation 

fully and completely.” Two 

groups of people speak this way: 

pretentious Ivy Leaguers and 

folks trying to compensate for 

some inadequacies. I guess there 

is a third possibility, that this 

lawyer came to our area from a 

time machine and actually lived 

in the 1800s. While her lack of 

familiarity with current styles 

seems to support this hypothesis, 

I doubt it. Either way, “improvident” 

was the wrong insult. 

Rather than cast aspersions 

(I can use big words too, ya 

know) at my opponent, I would 

just offer this: I have an English 

degree from an ag college- I am 

not exactly hoity toity. You are 

not going to impress me with 

your big ol words, especially if 

they are the wrong big ol words. 

And nasty rarely wins the day. 

The message underlying 

this email was that my opponent 

enjoyed a fairly high opinion 

of herself, which I didn’t properly 

comprehend nor currently 

share. She learned somewhere 

along the way, probably via correspondence 

course, that lawyers 

are supposed to fight. A 

lot. This notion of the Rambo 

“I want to spread the 

word about the wonderful job 

Partnership is doing. People 

don’t talk about psychological 

counseling because there’s 

a stigma attached to it. Maybe 

[that stigma] will come off if 

we start talking about how beneficial 

[psychological counseling] 

can be,” Hinton says. 

Hinton is one of the sons 

of which Chattanooga can be 

proud. Born and reared in the 

city, he earned an undergraduate 

degree in philosophy at Emory 

University in Atlanta and then 

secured his law degree at the 

University of Memphis Law 

School. 

His original goal was to 

become an entertainment lawyer, 

but as he saw how active the 

young professionals of Memphis 

were in their community, he 

decided to return home and 

become active in the city in 

which he grew up. 

Following a brief stint with 

an established law firm, Hinton 

took a position with the county 

mayor’s office. As part of his job, 

he visited minority-owned local 

businesses and encouraged them 

to do business with Hamilton 

County. When friends of his 

decided to start their own firm, 

Hinton joined them and became 

a founding partner of Snipes, 

Roberson & Hinton. Five years 

later, he went to Miller Martin 

to do mergers and acquisitions. 

Volkswagen came next. 

lawyer should have died after 

the movie series did. Instead, as 

says the bard in “Taming of the 

Shrew,” lawyers should strive 

mightily, but eat and drink as 

friends. 

I can’t think of a single time 

in my practice, which has now 

run almost two decades, when 

nastiness got me anywhere. Not 

that I didn’t get nasty a lot back 

in the day. 

I can, however, think of 

many cases where I tried to 

behave thoughtfully, like a real 

human being, and the favor 

was later returned. And in the 

best cases, I have made friends 

where I could have easily made 

an enemy. Friends come and 

friends go, but enemies accumulate. 

There is always room 

in the briefcase for carrying a 

grudge. I would have told my 

young adversary that, but she 

wouldn’t return my phone calls. 

Much easier to be a paper, or 

email tiger, as it were, than to 

spew venom face to face or on 

the phone. 

The notion that lawyers 

should behave as friends has 

invaded my behavior the past 

few years. I am resolved not to 

do much in my practice that 

isn’t fun. I try not to get too 

worked up over the day to day 

stuff. George Carlin said it best, 

“don’t sweat the petty stuff.” 

Google that one. Once you 

start ignoring the petty stuff, you 

realize that most of the nasty 

fights lawyers face are simply 

Even though Hinton didn’t 

become an entertainment lawyer, 

he says he chose the right 

career because being an attorney 

has enabled him to make a difference 

in Chattanooga. 

“Very few professions allow 

you to make a difference, and 

this is one of them. I’m thankful 

for the opportunities people 

have given me to use my degree 

to help out,” he says. 

As a bachelor, Hinton has 

more discretionary time than his 

betrothed brothers and sisters 

of the bar, but he still has a full 

schedule. When he’s able to kick 

back and relax, he enjoys golfing, 

reading and traveling. 

Participating in Dancing 

with the Stars has given him 

an excuse to unwind 40 more 

minutes per week as he and 

Cuticchia practice. 

“I love my job, but each day, 

a number of things come into 

play that cause stress, whether 

I’m dealing with construction 

matters, litigation matters, or 

corporate matters, so to dance is 

relaxing,” he says. 

HCH 

Hamilton County Herald 

University Tower 

651 East 4th Street, Suite 100 

Chattanooga, TN 37403 

petty. 

At the end of the case, 

lawyers will either win, in which 

case we move on to the next 

matter, or lose, in which case 

we move on to the next matter. 

For the losing side, there 

is disappointment and empathy 

with the client who has truly 

lost their case. Even the feeling 

of failure fades eventually as 

the warrior lawyer prepares for 

another battle. 

In the meantime, I have the 

privilege to work in a profession 

filled with smart and motivated 

folks. Most were at the top of 

their high school and college 

classes and have triple digit IQs. 

Winning, losing and just moving 

in this circle is pretty heady 

stuff. I hope my young adversary 

realizes how fortunate she is 

someday. In the meantime, if she 

wins the case we have together, 

I hope she doesn’t mistakenly 

think it was because she outnastied 

me. And if she loses, I hope 

I remember not to gloat, but to 

offer her a beer and a kind word. 

©2011 under analysis llc. 

under analysis is a nationally syndicated 

column of the Levison Group. 

Spencer Farris is the founding partner 

of The S.E. Farris Law Firm 

in St Louis, Missouri. He limits 

his practice to having a good time 

and doing good work, with only 

occasional drudgery. Comments or 

criticisms about this column may be 

sent c/o this newspaper or directly 

to the Levison Group via email at 

comments@levisongroup.com. ❖ 

Dance Continued from page 1 

While Hinton is making 

good use of his sessions with 

Cuticchia, he says he’ll be 

thrilled no matter what happens 

the night of June 25. 

“This isn’t about any individual 

dancer. We’d all like to 

win, but in the end, the winners 

should be Partnership and our 

community,” he says. 

To follow Hinton on his 

quest for the trophy, search 

for “Wade Hinton Dancing 

with the Stars Chattanooga” 

on Facebook. People can also 

vote for him to receive the Fan 

Favorite Award by visiting www. 

parnershipfca.com, then clicking 

on the Dancing with the Stars 

image, then clicking on Hinton’s 

picture, and then donating 

money. 

Dancing with the Stars 

Chattanooga will take place June 

25 beginning at 8 p.m. at the 

Tivoli Theatre. The event will 

feature Maksim Chmerkovsky, 

2011 season finalist on ABC’s 

“Dancing with the Stars.” Tickets 

can be purchases on the Partnership 

Web site. ❖ 

The 

Hamilton County 

Herald 

is available for 

$15 a year. 

Call 

800-420-5103 now! 

HCH 


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It only takes 50 licks 

to celebrate 

This year’s Tennessee legislature 

debated a long list of 

subjects from handguns to honey 

bees, but none of them was as 

“refreshing” as the content of 

Senate Bill 0912 and House 

Bill 0580 back in 2004, making 

milk the official beverage of 

Tennessee. 

Yes, that’s right. That liquid 

that comes from a cow and 

has given the majority of us 

strong bones since we drank 

it at our desk at school from 

glass bottles, was made the official 

beverage of the Volunteer 

State. Ranking right up there 

with the raccoon as the official 

state wild animal and the 

tomato as the official fruit, but 

I wonder just how many of you 

remember that memorable day 

A radio legend 

marks a milestone 

Pull up a chair, its time 

for “The Otis Head Show.” 

For 56 years, thousands of North 

Georgians have sought a weekly 

dose of down-home charm 

and bluegrass music from this 

beloved radio personality. 

As a child, when I visited 

my grandparents, his show 

was always a welcome favorite. 

Saturdays from 12:30 to 1:30 

p.m., at 1530 on the AM dial, 

WTTI, and on the internet at 

http://www.wttiradio.com/ by 

clicking Listen Live, Otis packs 

in loyal listeners who look forward 

to his folksy delivery and 

personal stories about growing 

up in Gobbler’s Knob and living 

in Plainview, both north of 

Dalton in Whitfield County. 

“I was born up the creek from 

Prater’s Mill,” he said. “We were 

always farmers at that time.” 

When Head began broadcasting 

his weekly bluegrass program 

on WBLJ in Dalton it was 

Read all 

about it ... 

By Pettus L. Read 

Tennessee Farm Bureau 

back on April 2, 2004. 

I’m sure there are those who 

were surprised and would have 

thought maybe something made 

from corn and kept in a fruit 

jar or another vegetative crop 

would have received some votes, 

but the lowly milk cow’s milk 

was voted the official beverage 

unanimously by both governmental 

bodies as the top choice 

to represent our state seven years 

ago. 

I wonder how many tests, if 

any, that question has shown up 

on in schools in the last seven 

years. It ought to. It’s just as 

important for our students to 

know about milk as an official 

beverage of our state as a ladybug 

or an iris when it comes to state 

symbols. 

Having come from a dairy 

farm myself and with June being 

Southern 

Style 

By Randall Franks 

1959. He gave listeners the latest 

sounds of bluegrass at a time 

when performers such as Elvis 

Presley were changing the face 

of Southern music, pushing bluegrass 

further down on the list of 

radio formats. 

“When I was real young all 

I knew was a few people who 

picked banjo and maybe a few 

that played fiddle,” he said. “I 

liked it. It’s in my bones I reckon.” 

He playrd the stars: Bill 

Monroe, the Stanley Brothers, 

and Jim and Jesse. 

“I had live bands at one 

time,” he said. “The Swaggerty 

Family and the Fort Mountain 

Boys were among them.” 

Head originally began the 

program to promote his grocery 

store, the Plainview Superette. 

“I started from nothing – 

just the little stock,” he said. “I 

had $444 worth. The store was 

originally just 17 feet by 22 feet. 

Business got so good I built on 

three times.” 

celebrated this year for the 79th 

year as Dairy Month, it is certainly 

good to recognize milk 

as our official beverage here in 

Tennessee. 

To add to this bit of dairy 

trivia, we should also remember 

and thank Senator Charlotte 

Burks, who is a farmer herself, 

and former Cookeville State 

Representative, Henry Fincher, 

for carrying this legislation to 

their respective chambers and 

making milk our official beverage 

those few years ago. 

June is National Dairy 

Month and has been a major 

celebration within the Volunteer 

State for many years. The dairy 

industry has generated billions of 

dollars over the years in our economy 

and continues to do so. Last 

year, more than $127.6 million 

was put back into Tennessee’s 

economy by Tennessee’s dairy 

production. 

In mid-May there were 

481 dairy farms in Tennessee 

compared to over 900 at the same 

time in the year 2000. Numbers 

and production continue to 

decrease around the state, but 

those Tennessee dairy farmers 

who remain still produce perhaps 

the safest food product consumed 

in this country. 

He eventually grew it into 

a supermarket, he said. After 

just a year on the air, Head 

moved to WRCD where he 

remained for 28 years until programmers 

desired to move his 

weekly show from 12:30 p.m. to 

7:30 a.m. He did not see eye to 

eye with them so he ended his 

nearly 30-year run. 

“I no more than walked out 

the door when WTTI took me to 

its studio,” he said. “I have been 

there ever since playing the finest 

in gospel bluegrass.” 

Head retired from the grocery 

business nearly 20 years ago, 

but he had already built up a 

long list of program sponsors. He 

and his wife, Mary, walk listeners 

through their radio map each 

week inviting folks to stop by 

and do business with dedicated 

sponsors from Western Sizzlin to 

First Bank of Dalton. 

“When I retired I just kept 

going,” he said. “The people kept 

me going.” 

In his long career, he 

brought many bluegrass greats to 

North Georgia to perform or do 

an interview, from Bill Monroe, 

Boys from Indiana, Country Music 

Hall of Famer Charlie Louvin, 

the Bailes Brothers and others. 

One unique trip he made to 

Maggie Valley forever changed 

the face of bluegrass. 

“I was driving down the 

From these dairy farms 

located in Tennessee, consumers 

receive a nutritious product containing 

nine essential vitamins 

and minerals, including protein, 

calcium and vitamins A and D. 

There are eight milk processing 

plants in this state 

making the dairy industry very 

important to our state and we 

also will soon be the home to 

the world’s largest ice cream processing 

plant being located in 

Covington. Seventy-one percent 

of our milk produced in this state 

is on family dairy farms that have 

fewer than 200 cows. 

The average milk cow in the 

state will produce 5.29 gallons 

of milk a day. She will drink 35 

gallons of water, eat 20 pounds of 

grain and feed, and 55 pounds of 

hay and silage, and chew her cud 

from six to eight hours each day 

to produce those 6.1 gallons. The 

average cow produces 90 glasses 

of milk a day or enough milk to 

make 4.45 pounds of cheese. It 

takes more cows to produce milk 

annually for Pizza Hut cheese 

(about 170,000) than there are 

people living in Paducah, Ky., 

and Asheville, N.C., combined. 

With the average American eating 

46 slices of pizza a year, it 

is important to keep our dairy 

road, and on the side of the road 

about 50 people were gathered 

beside a little old store,” he said. 

“I stopped to see what was going 

on. I heard a banjo. I parted 

people back and there was this 

banjo player performing for tips.” 

The 20-year-old Native 

American Raymond Fairchild 

was soon on his way to Plainview 

where he was playing for Otis. 

“He started picking the 

banjo at the supermarket,” Head 

said. He got to drawing such a 

crowd. I had to stop cause it was 

hurting my business. I could not 

do business with all the people 

there. They did not come to trade 

they came to watch him pick.” 

At the same time Otis was making 

contact with old friends in 

Nashville, telling them about 

his find. Before long Otis had 

Raymond in Nashville recording 

his first album at age 22. 

Fairchild went on to set the 

world of traditional music on 

fire, winning five consecutive 

Master of the Banjo championships 

and taking the stage of the 

Grand Ole Opry by storm. 

He now hosts his own 

show nightly from May through 

October at the Maggie Valley 

Opry House where folks can see 

his countless awards and gold 

records, accolades and accomplishments 

that may not have 

been possible without Otis. 

Otis mixed into his career 

Beat the heat – stay healthy and safe this summer 

Hot, humid weather is a hallmark 

of summer in Tennessee. 

Since it’s not always possible 

to stay out of the heat, the 

Department of Health is offering 

simple tips to help reduce your 

risk of seasonal illness during the 

hot summer months. 

Temperatures that soar into 

the 90s and beyond raise the risk 

for heat-related illness. Heatrelated 

illnesses include heat 

stroke, heat exhaustion, heat 

cramps and heat rash. Signs of 

heat-related illness include dizziness, 

heavy sweating, muscle 

cramps, rapid heart beat, nausea, 

headaches and cold/clammy 

skin. 

“Heat-related illnesses 

can be deadly, and they sicken 

people and claim lives every 

year even though these problems 

are preventable,” said 

Health Commissioner Susan R. 

Cooper, MSN, RN. “We urge 

Tennesseans to make smart 

choices about their exposure to 

extreme heat. 

“Try to avoid going outside 

during the hottest part of the 

day, and be sure never to leave 

anyone unattended in a car.” 

It’s important to take steps 

to protect the very young and 

the elderly, who are at greater 

risk for health problems caused 

by extreme heat. People with 

chronic diseases such as heart 

disease, diabetes, obesity and 

lung disease are also at an 

increased risk of heat-related illnesses. 

The Centers for Disease 

Control and Prevention offers 

a few simple steps to avoid these 

preventable heat-related illnesses. 

Drink plenty of fluids. 

Don’t wait until you are thirsty 

to drink. 

Remember to consume 

non-alcoholic, low-sugar drinks 

in hot weather. 

Replace salt and minerals. 

Heavy sweating can deplete 

your body’s salt and minerals. 

Non-alcoholic drinks, like sports 

drinks, can help you replenish 

these reserves. 

Wear appropriate clothing 

and sunscreen. Choose 

lightweight, light-colored, 

loose-fitting clothing, as well 

as a wide-brimmed hat and 

sunglasses with UV protection. 

Wear SPF 15 or higher sunblock 

every day. 

Schedule outdoor activities 

carefully. Try to limit outdoor 

activity to morning and 

evening hours with rest breaks 

in shady areas, if available. UV 

rays are strongest and do the 

most damage during midday 

hours. 

Pace yourself. If you are 

not accustomed to working or 

exercising in a hot environment, 

start slowly and increase effort 

gradually. If your heart is pounding 

or you are gasping for breath, 

stop the activity and rest in a 

cool, shady area. 

Stay cool indoors. If your 

home does not have air conditioning, 

go to the mall or library 

to get cool. Cool showers or 

baths, and keeping your stove 

and oven off are other ways to 

cool down inside. 

Use the buddy system. 

Partner with a friend and watch 

each other for signs of heatrelated 

illness. Senior citizens 

are more susceptible, so if you 

know someone over age 65, 

check on him or her over the 

phone twice a day. 

Heat stroke is the most lifethreatening 

heat-related illness. 

Each year, about 400 people 

nationwide die from heat stroke. 

Heat stroke occurs when the 

farmers in business. 

We all live in such a busy 

world that we often take for 

granted that every morning 

when we go to the breakfast 

table we will find milk and butter 

waiting on us as it always 

has in mornings past. But have 

you ever wondered how that 

food gets there and where it 

comes from? Did you ever think 

that behind every glass of milk 

you drink there is a family farm 

somewhere working daily providing 

you a quality product? 

Celebrate with us this June, 

pour one more glass a day and 

help us salute the dairy farm 

families in Tennessee providing 

milk, cheese and yogurt to you. 

As you prepare to celebrate 

June Dairy Month and honor the 

farmers who produce milk, pour 

yourself a glass of Tennessee’s 

official beverage or at least get 

you an ice cream cone. It only 

takes about 50 licks to finish a 

single ice cream scoop. That’s 

not too much to ask is it? 

Pettus L. Read is editor of the 

Tennessee Home & Farm magazine 

and Tennessee Farm Bureau 

News . He may be contacted by 

e-mail at pread@tfbf.com. ❖ 

on radio a period as a prize 

fighter and a run as a fast-draw 

western show performer and promoter 

entertaining audiences 

with some outstanding western 

performances. 

Otis will celebrate his anniversary 

at a Share America concert 

at the Ringgold Depot 

in Ringgold, Ga., on June 10 at 

7:30 p.m. alongside artists Lake- 

Side and Garrett Arb. If you 

should miss that opportunity 

visit http://www.youtube. 

com/randallfranks and check 

out my feature video with harmonica 

stylist Otis Head and 

Raymond Fairchild. Otis ends 

each show with a borrowed line 

from the Duke of Paducah. He 

said he stopped using it for a 

while, and the audience kept 

on him until he started doing it 

again so for their sake: “I’m heading 

to the wagon these shoes are 

killin’ me.” 

Randall Franks is an awardwinning 

musician, singer and 

actor. He is best known for his role 

as “Officer Randy Goode” on TV’s 

“In the Heat of the Night” now on 

WGN America. His latest CD 

release, “An Appalachian Musical 

Revival,” is by www.shareamericafoundation.org. 

He is a member of 

the Atlanta Country Music Hall of 

Fame. He is a syndicated columnist 

for http://randallfranks.com/ and 

can be reached at rfrankscatoosa@ 

gmail.com. ❖ 

body is unable to regulate its 

temperature, which rises quickly 

without the ability to cool 

down. If emergency treatment 

is not provided, heat stroke can 

cause death or permanent disability. 

Symptoms include body 

temperature above 103 degrees 

Fahrenheit; red, hot and dry 

skin without sweating; rapid, 

strong pulse; throbbing headache; 

dizziness; nausea; confusion 

and loss of consciousness. 

Call for immediate medical 

help if you believe you are 

or another person is experiencing 

heat stroke. Do not give 

the victim any fluids to drink. 

While waiting on emergency 

assistance, get the victim to 

a shady area, cool him or her 

rapidly using cool water and 

monitor body temperature until 

it reaches 101 to 102 degrees 

Fahrenheit. 

Source: TN Dept. of Health ❖



FROM THE FBI 

You know all those grim 

faces of special agents in television 

and movie dramas? Did you 

ever wonder if they had a sense 

of humor when they returned to 

headquarters? Here’s an “inside 

story” written 70 years ago, 

tongue firmly in cheek, about 

a Chicago agent “pursuing his 

official duties in the vicinity of 

Magnolia and Leland Avenues.” 

“During the early morning 

hours of October 17, 1934, 

Special Agent Robert T. Ross, 

then attached to the Chicago 

office, was pursuing his official 

duties in the vicinity of Magnolia 

and Leland Avenues, Chicago, 

Ill. Ross was intently engaged 

with his work and some hours 

passed without event, when at 

approximately 4:45 a.m., he was 

approached by an unknown individual 

who, with his right hand 

thrust into his suit coat pocket, 

came directly in front of Ross 

and, making a threatening gesture 

with his right hand in his 

pocket to indicate that he held 

a gun, stated, ‘This is a stick up. 

What have you got?”’ 

“Confronted with this surprising 

announcement, Ross pretended 

that he had not heard 

what the potential robber had 

said, and requested that it be 

repeated. This the unknown per- 

son did, all the while covering 

Ross with his hand in his coat 

pocket. Thereupon Ross, without 

conversation, reached with 

his right hand into his coat, 

conveying to the assailant the 

impression that he was attempting 

to reach for his wallet. At 

this moment the agent knocked 

aside, with this left hand, the 

robber’s supposed gun, and with 

his right hand drew his own pistol, 

forcing the would be ‘thug’ 

to surrender.” 

“Special Agent Ross then 

commandeered a taxicab and 

proceeded with his prisoner to 

a nearby police precinct station. 

There the unknown person was 

turned over to the custody of 

the Chicago Police Department 

and was soon identified by two 

other persons as the individual 

who had a short time before held 

them up and taken money from 

them. On each of these two previous 

occasions the robber used 

the same tactics as he attempted 

to use on Ross. 

“Upon being questioned he 

stated that his name was Glenn 

E. Reilly, and, when searched, it 

was found that he did not have 

a gun but was merely using his 

hand in his coat pocket in an 

endeavor to convey to his victims 

the impression that they 

were covered by a pistol. After 

some questioning Reilly confessed 

to having held up and 

Case Digests 

VERDICTS AND SETTLEMENTS 

Psychiatrist wins case over 

patient’s suicide. 

St. Louis, Mo. – Attorneys 

defending a St. Louis psychiatrist 

won a malpractice lawsuit 

brought by the family of a mentally 

ill woman who committed 

suicide after being admitted to 

a hospital. 

Jamie Reynolds, who was 

27, had a history of psychiatric 

issues, including two prior 

suicide attempts. On Feb. 8, 

2006, her therapist sent her to 

St. Anthony’s Medical Center 

because she was experiencing 

depression and suicidal thoughts, 

according to defense attorney 

Kenneth Bean, who represented 

the physician who admitted her. 

She told a hospital psychiatric 

social worker she had plans to 

hang herself, Bean said. 

The social worker called the 

on-call psychiatrist, Dr. Srinivas 

Chilakamarri, who admitted 

Reynolds to the locked psychiatric 

unit. Reynolds checked in 

around 2 p.m. At 2:45 p.m., 

Chilakamarri prescribed medication 

and ordered hospital workers 

to check on her every 15 

minutes. Around 5 p.m., she 

took a sheet from the bed in her 

room and tied it over the hinge 

of the bathroom door, using it to 

hang herself. She survived for 24 

hours in the hospital’s intensive 

care unit before she died, Bean 

said. 

The family sued St. 

Anthony’s, but that case was 

resolved in a confidential settle- 

ment on Feb. 28, 2008. Then her 

widower, James Reynolds, sued 

Chilakamarri on behalf of the 

couple’s young son. His wife’s 

parents joined in the lawsuit. 

The plaintiffs argued that 

Chilakamarri was at fault for 

failing to adequately assess the 

woman’s level of suicide risk. 

They also argued he should have 

ordered one-on-one observation 

until he had time to meet with 

her and evaluate her in person, 

according to the Reynoldses’ 

attorney, Richard Klein. 

“The defendant successfully 

pointed the finger of blame at 

the hospital staff member responsible 

for safety checks,” Klein, 

of Ochs & Klein, wrote in an 

email. “Defense counsel stressed 

to the jury throughout the case 

that the plaintiffs had pursued 

a claim against the hospital and 

that the claim against the hospital 

had been resolved. This aided 

the defense’s ability to point the 

finger of blame elsewhere.” 

Bean said that’s acceptable. 

“The law clearly allows the 

remaining defendant to blame 

whomever they choose,” he said. 

He said there was a factual 

dispute about how long Reynolds 

was left alone in her room. The 

plaintiffs argued it had been nine 

minutes, and he argued it had 

been longer than 15 minutes, 

he said. 

Bean, of Sandberg, Phoenix 

& von Gontard, said an expert 

explained the process of determining 

a patient’s suicide risk, 

Ashland Avenue at 47th Street, Chicago, Illinois, 1935 (Courtesy of the Chicago Transit Authority) 

and that Chilakamarri followed 

the standard of care to determine 

that Reynolds was at low risk. 

“Our defense was that while 

she was admitted for suicidal 

ideation, the doctor made a professional 

judgment that she was 

at low risk, and that 15-minute 

checks would be sufficient,” 

Bean said. “And the overwhelming 

majority of the time, that is 

true. There are very few hospital 

suicides.” 

Klein filed a motion for a 

new trial, arguing Bean violated 

a motion in limine regarding 

how much could be said about 

the settlement with the hospital. 

Attorneys presented their arguments 

May 19, and the court 

denied the motion the next day. 

Defense verdict 

Medical malpractice/Wrongful 

death 

Court: St. Louis County 

Circuit Court 

Case Number: 08SL- 

CC03712 

Judge: Ellen Levy Siwak 

Plaintiffs’ Experts: Dr. John 

Wisner, Kansas City, Kan. (psychiatry); 

Karen Tabak, St. Louis 

(accounting/damages) 

Defendants’ Expert: Dr. 

Michael Jarvis, St. Louis (psychiatry) 

Plaintiffs’ Attorneys: Richard 

Klein, Ochs & Klein, 

Clayton; David Horan, Burton 

Newman P.C., Clayton 

Defendants’ Attorneys: 

Kenneth W. Bean and Alexander 

Bean, Sandberg, Phoenix & von 

obtained money from his first 

two victims.” 

“At approximately 5:15 a.m., 

Gontard, St. Louis 

Bus passenger suffers fibromyalgia 

from crash. 

Richmond, Va. – On June 

5, 2006, plaintiff, a 28-year-old 

unemployed mother of three 

young children, was the sole 

passenger on a bus which was 

twice struck in the same accident 

by a truck carrying liquids. 

At a hospital emergency room, 

plaintiff complained of bilateral 

knee pain, right arm, left leg and 

right hip pain. X-rays of her left 

shoulder, left humerus and lumbar 

spine showed no fractures or 

dislocations. Height of vertebral 

bodies and disk spaces were all 

normal. 

She was treated and released 

with minor contusions, abrasions 

and lacerations. Over the course 

of the next several days, plaintiff 

developed lower and upper 

back pain along with headache, 

left neck pain and pain across 

her shoulder blades. Plaintiff 

was diagnosed with fibromyalgia 

allegedly caused by the accident. 

She continued treatment 

half an hour after his unexpected 

interruption Ross returned to his 

official duties.” ❖ 

over the course of the next twoplus 

years with orthopedics, chiropractics, 

physical therapy, pain 

management and neurology. She 

underwent a course of L5/S1 

interlaminar epidural steroid 

injections and facet joint blocks 

all with limited and short-term 

relief. Numerous MRIs and other 

diagnostics were performed, all 

of which were essentially negative. 

Her medical bills totaled 

$54,974. 

Type of action: Personal 

injury – auto accident 

Injuries alleged: Fibromyalgia 

Name of case: Martin v. 

Hampton Roads Transportation 

Court: Chesapeake Circuit 

Court 

Verdict or settlement: 

Settlement 

Amount: $180,000 

Attorneys for plaintiff: 

Michael S. Weisberg, Norfolk; 

Noah Weisberg, Newport News 

Attorneys for defendant: 

Robert S. Samuel, Virginia Beach; 

Derek Turrietta, Norfolk. ❖ 

Look to our Web site for editorial content, public notices 

and valuable real estate information! 

www.hamiltoncountyherald.com



Last Saturday was moving 

day for mom who is as excited as 

a kid at Christmas about her new 

digs. I met the movers early on 

Saturday morning at her house. I 

arrived before them so I could do 

some prep work. By the time they 

got there I was sweating pretty 

good. Yes it was hot. How hot was 

it? It was so hot today that Dick 

Cheney waterboarded himself.” 

--David Letterman. 

Sorry, I still laugh at that 

one. 

So my movers arrived – “All 

the right moves,” a company I 

will recommend, even though 

what was priced ahead of time 

as $90 an hour turned out to be 

$300 for the two hours of work. 

That’s because three guys showed 

up rather than two and I also got 

charged for an extra half hour of 

“drive time.” It still seemed like a 

pretty good deal, I’d just appreciate 

knowing ahead of time what 

it’s gonna cost me. 

The main guy came to the 

door and gave me a vise-like 

handshake, too firm, as I attempted 

not to grimace while giving 

him a squeeze back. He reminded 

me of NFL linebacker Ray Lewis. 

In less than an hour (I was 

watching the clock) the guys had 

mom’s chosen possessions for this 

season of her life, loaded into the 

back of their big truck. An hour 

after that everything was set up 

in her new apartment, even her 

bed, which I didn’t have to help 

with at all. 

After she was settled in I 

was walking down the hall of 

her wing and noticed that there 

were numerous motorized scooters 

parked along the wall. I went 

online and found that they are 

priced from $749 to $2550. The 

top of the line comes in silver 

or gray. I don’t know how mom 

could pass this up. Next time she 

talks about getting her car back 

I’ll suggest it. Wish me luck with 

that one, I’m gonna need it. 

The big news from Capital 

Hill this past week was about 

those Weiner pics. Nuff said. 

And thanks to friend J. M. 

“Kingbossdaddy” Davis who was 

inspired by the blurb last week 

about the veteran kamikaze 

pilot, which to other friend Fred 

sounded like a contradiction. 

Davis pointed out to me that 

the common translation of the 

word kamikazee is “divine wind.” 

(kami is the word for “god”, “spirit”, 

or “divinity”, and kaze for 

“wind”). He also recommended 

I do a bit of research on the subject 

for future columns. And as I 

always try to heed the sage advice 

of those with more life experience 

than me, that’s exactly what I did. 

I immediately found 

an interesting piece on the 

NPR website called “‘Wings of 

Defeat: Kamikaze Stories, Told in 

Person’” by Neda Ulaby. 

Ulaby writes that some 

4,000 of the Japanese warriors 

died during the last days of World 

War II, but as Fred pointed out, 

not all of them perished. Three 

years ago many of the veteran 

pilots were traveling around the 

United States, visiting classrooms 

and telling spellbound students 

of their experiences over half a 

century ago. 

THEMELESS? By Victor Fleming 

Across 

1 Slangy creeps 

8 Brand squeezed by Mr. 

Whipple 

15 Along the way 

16 Household hints columnist 

17 Oakland neighbor 

18 Andean wool-bearers 

19 Kind of camper 

20 Kind of cake 

22 Sound of surprise 

23 What trucks go uphill in 

24 More suspicious 

26 Push up against 

30 What the brain “floats” in 

(abbr.) 

33 “The Journey of Natty 

___” (1985 film) 

34 OshKosh___ 

35 Rosen who was Woody 

Allen’s first wife 

37 Amana product 

39 TV studio light 

40 Neighborhood 

41 Tulsa school (abbr.) 

42 Gnat, for example 

43 ____ to (dealt with) 

46 Instructs 

48 Sorority letters 

52 Christine O’Malley, for 

“Wordplay,” e.g. 

54 “Don’t It Make My 

Brown Eyes Blue” singer 

Crystal 

55 “The Silence of the 

Lambs” role 

56 Well-meaning 

58 Neighborhoods 

59 Tangled 

60 Shoe features 

61 Maxima and Sentra 

Down 

1 Vermont Senator Patrick 

___ 

2 Former Chinese premier 

Zhou ___ 

3 Von ___ Family Singers 

4 Achieve by force 

5 Long of Louisiana 

6 Cockpit guess, for short 

Are we there yet? 

Moving mom and 

divine winds 

By Jay Edwards 

I Swear Crossword 

7 Carried by ship 

8 Use a credit card 

9 ___-skelter 

10 Fraternity letter 

11 It may exacerbate a 

highway mishap 

12 Mineral in transparent 

sheets 

13 Ray Charles’s “What’d 

___” 

14 Super ___ (game system) 

21 Cry of triumph 

23 Having little fat 

25 Elbe tributary 

27 Ding-a-ling 

28 End ___ (ultimate customer) 

29 Prefix with way 

30 Cutlet 

31 Cool-headed 

32 Monastery titles 

34 Loverboy 

36 Pertaining to the beach 

37 Complete autonomy 

38 Scarlet and cherry 

40 Workout aftereffect 

Victor Fleming’s puzzles have appeared in many publications, 

including the New York Times and Games Magazine. 

Diversions 

43 Dishwater source 

44 Means of approach 

45 High jinks 

47 Magistrate of ancient 

Rome 

49 Laughing African beast 

50 Game-show announcer 

Johnny 

51 Paving stones 

52 Pretext 

53 Timed event 

54 Mardi ___ 

55 Cavaliers and Indians, 

on scoreboards 

57 Singer DiFranco 

Last week’s solution 

“Sixteen-year-old Anika 

Warner, Ulaby writes, “a student 

at Springbrook High School in 

Silver Spring, Md., says she never 

thought the experiences of kamikaze 

pilots could suddenly feel so 

personal. 

“‘As good a teacher as you 

have, no teacher can explain to 

you how it feels,’” Warner says. 

‘[That] your family won’t be with 

you ... you know you’re not going 

to win the war, and you’re dying 

because your country told you 

to.’” 

“The former kamikaze pilots 

on the schools tour are featured 

in a documentary called ‘Wings 

of Defeat,’ which examines the 

frantic, desperate nationalism 

that engulfed Japan toward the 

end of the war. The film makes 

clear that the kamikaze corpsmen 

weren’t volunteers. Most were 

drafted as teenagers, barely able 

to fly. 

“The kamikaze were told 

that they were gods, heroes, 

divinely chosen to save their 

country. They were beaten and 

brainwashed. ‘Wings of Defeat’ 

The column about my knee 

evoked a record amount of viewer 

mail. Evidently, many folk 

have joint pain issues. 

My PRP injection was one 

month ago, and my knee feels 

better than it has in years. On 

a couple days there’s been some 

semblance of the old pain, as 

after three days of golf and yard 

work Memorial Day weekend. 

But a couple of extra 

20-minute icings seemed to do 

the trick. Next morning, things 

were back to where they should 

be. No throbbing. No bursts of 

pain when I straighten my leg 

after sitting for a couple hours. 

Even in movie seats! 

Speaking of which, I’m 

writing after the conclusion of 

the 5th Annual Little Rock Film 

Festival. Featuring over 100 

films, plus Q&A sessions with 

some 80 filmmakers, it was, in a 

word, super. Some 25,000 viewers 

attended. 

Susan and I took in about 20 

films, feature-length and short. 

We bought Silver Passes, which 

were good for all screenings and 

most parties. Despite good intentions, 

we didn’t go to any parties. 

Still, it was a great deal! 

The comedy “Natural Selection” 

(Robbie Pickering, 

director), about a woman’s quest 

to find her dying husband’s illegitimate 

son, took Best Narrative 

Film. 

The documentary “The 

Interrupters” (Steve James, director), 

about people who intervene 

in local disputes before they turn 

violent, snagged the Audience 

Award. 

“The Last Mountain” (Bill 

Haney, director), about the coal 

industry vs. locals in a small 

Appalachian town, won the 

Oxford American Southern Film 

Award. 

We saw four films with 

strong Arkansas ties: 

Harry Thomason’s “The 

Last Ride,” a fictional account of 

the last days of Hank Williams; 

Jeff Nichols’ (Little Rock 

Central High class of 1997) 

includes archival footage of officers 

exhorting their young charges 

to die. 

“Ena Takehiko, one of the 

men visiting Springbrook, flew 

two suicide missions; both times 

his plane crashed into the sea. He 

still has his funeral portrait – a 

wrinkly black-and-white photo of 

a handsome 22-year-old staring 

down the camera, standing by 

the cockpit he believed would be 

his coffin. 

“Takehiko is 84 now, grandfather-age 

to the Springbrook 

students. He speaks to them with 

one of the ‘Wings of Defeat’ producers 

translating. 

“‘You know, at the time the 

kamikaze strategy was a completely 

last-ditch resort,’ Takehiko 

says. ‘For every 10 kamikaze 

planes that took off, nine were 

shot down by the Americans.’” 

“The former kamikaze say 

they never could have imagined 

that they would live to discuss 

their legacy with American highschool 

students one day – nor 

could they have expected those 

students’ compassion.” ❖ 

I Swear... 

Film festival fabulous; 

knee news 

By Vic Fleming 

“Shotgun Stories,” about revenge 

among two sets of brothers 

(Nichols’ “Take Shelter” won a 

major prize at the 2011 Cannes 

Film Festival, but could not be 

screened at LRFF); 

“Disfarmer” (Martin Lavut, 

director), about Heber Springs’ 

Mike Disfarmer, whose blackand-white 

photography is considered 

“artistic genius”; and 

“The Crab” (Rona Mark, director), 

which features former 

University of Arkansas basketballer 

Guy Whitney as the most 

tragic protagonist imaginable, 

also played. 

“Hot Coffee” (Susan Saladoff, 

director) explores the infamous, 

misunderstood 1994 

“McDonald’s Coffee Case” from 

Albuquerque. Saladoff also 

chronicles how “tort reform” 

took off in the wake of this case. 

We love short films, which 

are shown in sets of 4-6, totaling 

90-120 minutes. 

In “Sand Mountain” (Kathryn 

McCool, director), a New 

Zealander journeys through the 

rural south to interview a reclusive 

music legend Cast King. 

“The South Will Rise 

Again” (Ben Guest, director) 

examines racial attitudes at Ole 

Miss amid an effort to get its 

band to cease playing a certain 

song at ballgames. 

“A Marine’s Guide to Fishing” 

(Nicholas Brennan, director) 

is about an Iraqi war veteran’s 

return to his job working 

on boat motors in the States. 

“Punch Drunk” (Sam Wark, 

director) is the story of an elderly 

man battling dementia. 

“No Tracks Home” (Josh 

Harrell, director), is about two 

train-hopping musicians. 

There’s more to tell, but I 

am out of space. 

Check out littlerockfilmfestival.org 

and don’t miss the fun 

next year! 

Vic Fleming is a district court 

judge in Little Rock, Ark., where 

he also teaches at the William H. 

Bowen School of Law. Contact 

him at vicfleming@att.net. ❖



Warner Park Zoo: post Hank 

The last time I visited the 

Warner Park Zoo, Hank the 

monkey was still alive and the 

famed centerpiece of the Zoo. 

Unfortunately, Hank, the oldest 

resident of the Zoo at 42 years 

old, passed away early this year. 

I found it nothing short of 

amazing to see the outpouring 

of support from the community 

after Hank’s death. Local papers 

wrote stories about the famed 

chimp, he was featured on the 

front of the Zoo’s ChattaZooga 

Magazine and a party was even 

thrown in his honor. 

Months after Hank’s death, 

I thought the least I could 

do would be to return to the 

Warner Park Zoo and see how 

it was carrying on without 

him. There, I passed through 

several Zoo areas including the 

Gombe Forest (former home 

to Hank), the Himalayan 

Passage, the Corcovado Jungle, 

Misunderstood Marvels, Walkin’ 

the tracks, the Warner Park 

Ranch, and the new Dinosaurs! 

exhibit in the education center. 

The day I visited the Zoo 

was hot hot hot. The weather 

had just made the transition from 

cool spring to summer, complete 

with muggy after tones. The animals 

at the Zoo and I seemed to 

agree that this type of weather 

is good for finding a shady place 

to sleep. 

At the Himalayan Passage, 

a snow leopard panted in the 

shade atop a rock and waterfall 

fixture. The recent Zoo addition 

The Memorial Day weekend 

provided more than enough 

material for my column. Where 

to start? Like all good detectives, I 

will start at the beginning: Friday 

night. I started the weekend off 

with a rowdy bang: I bought 

eyeglasses. After looking around 

JCPenney Optical for about 45 

minutes and trying on about 130 

pairs of glasses, I settled on one 

pair. 

Parish was there to offer 

moral/don’t-take-all-day support. 

Then there were the two optical 

technicians, who proved to 

be very helpful and friendly. It 

was definitely a team effort. I 

have been wearing the same pair 

of spectacles for about 15 years. 

Before you call the eye police, let 

me explain, I only wear glasses to 

read at night and sometimes during 

the weekend. During the rest 

of the time, I wear contacts. 

My recent trip to the eye 

doctor confirmed my Friday night 

purchase – my prescription was 

outdated and I was causing stress 

to my precious eyeballs. It was 

time to put my priorities in order, 

River City 

Roundabout 

By Erica Tuggle 

of the baby snow leopard was 

just within sight, resting its head 

on both paws as it attempted a 

catnap. The Hanuman Langurs 

in the same area were a bit 

more active. Two of these monkey-like 

creatures were grooming 

each other and devouring 

the spoils, while the Francois 

Langur leapt up right against the 

glass to find shade before leaping 

back up into the swinging 

hoses high above and agitating 

the other Langurs. The fox faced 

Red Pandas of the Himalayan 

Passage were out of sight, probably 

finding some place cool. 

Visiting the newly remodeled 

Corcovado Jungle, the spider 

monkeys were in action as 

well as the macaws that were 

grooming themselves. Walking 

from exhibit to exhibit, we heard 

these horrible shrieking noises. 

We soon found the source in 

the male peacocks that strutted 

around the Zoo, free from cages, 

because (one sign read) these 

birds have made this place their 

home and therefore will not 

leave. The crows further down 

in cages seemed to put up a bit 

of fuss at this. The great horned 

owl and the barn owl that were 

there looked too sleepy to hoot 

about their own habitats. 

Down by the “Walkin’ 

the Tracks” portion of the Zoo 

the whitetail deer were resting 

alongside ducks and geese that 

had made the deer pen their 

own. The prairie dogs were as 

cute as ever nearby. Used to the 

heat, they were popping in and 

A Day in 

the Life 

By Rebecca Brockman 

act like an adult (I will be 29 

this week) and buy a new pair of 

specs. So I did. They should be in 

within the next few days and will 

no doubt come in handy during 

long road trips, days at the pool 

and reading road signs. 

Saturday: Parish and I volunteered 

to collect food at Riverfest. 

I was looking forward to being in 

the midst of the action, greeting 

the 200,000 plus people who 

came by, accepting canned food, 

handing out free ice cream coupons 

and helping feed the hungry. 

Instead, we were sent to North 

Little Rock High School, had 

contact with about five people, 

got sunburned and sat in a parking 

lot for four hours. Simply put: 

the day did not go as I pictured. 

Although, it was great to 

see the amount of food that people 

brought to the trolley ticket 

booth. We would carry the food 

from there to our little tent that 

we set up about 100 yards away. 

Despite knowing we were helping 

the less fortunate, I was bummed. 

Our time was rewarded with 

free admission to the three-day- 

Diversions 

The Warner Park Zoo of Chattanooga is on the rebound after the death of the beloved chimpanzee Hank, age 

42, in January. The zoo has undergone reconstruction of several exhibits, gained new animals and brought in new 

exhibits to add to it’s already entertaining and diverse line-up of animals and education efforts. (Erica Tuggle) 

out of their holes to grab stalks 

of celery and carrots to nibble. 

One prairie dog sat up nibbling 

a carrot and watching the people 

watching him, while another 

laid flat on his belly in the sun. 

The raccoons lounged about 

like housecats, and took baths by 

dipping their small hands in the 

water and rubbing them against 

their face. We tried to get a resting 

bobcat to move up closer to 

us, but he only rolled over on his 

perch and slept on. 

The “Misunderstood Marvels” 

section was probably my 

favorite. Five huge pythons 

shared one large cage, all of these 

snakes massive and intimidating, 

even behind the glass. The poison 

dart frogs at this area were 

event, which was a nice perk after 

sweating in a vacant parking lot 

all morning. Riverfest was buzzing 

when we entered the gates 

around 4 p.m. 

I was super hungry and 

focused all my attention on finding 

edible, yummy, festival food. I 

found it – corn dogs, funnel cakes, 

nachos, pizza, Krispy Kreme hamburgers, 

chocolate dipped bacon, 

gyros, sno cones and ice cream. 

I traded in a $20 bill for 20 

food/drink tickets and found the 

corn dog cart and devoured the 

delicacy on a stick in a matter of 

minutes (it wasn’t pretty). Parish 

bought nachos and a funnel cake. 

I helped him eat the latter. We 

finally had our fill and decided to 

walk around and see what else the 

event had to offer. 

It was unreasonably hot and 

even though our tickets were free, 

I didn’t want to stay around too 

long. But we did – because I had 

talked up the festival for over a 

month and it was Parish’s first 

time. Eventually, we looked at 

each other, sweat beads rolling 

down our faces and realized it was 

time to go. Everyone else looked 

the same – sunburned zombies 

looking for the next fried wonder. 

It was kind of scary. 

The rest of the weekend 

was vastly different – we stayed 

inside our air-conditioned apartment, 

relaxed, swam at the 

pool and rejoiced in the fact 

that Riverfest happens only once 

a year. ❖ 

about the size of an adult thumb, 

but the warning of their skin coloration 

was clear: don’t touch. 

The several turtles throughout 

the Zoo, swimming about and 

sunning themselves on rocks 

were also neat to observe. 

Another similarly fun 

exhibit I enjoyed was the Warner 

Park Ranch. This is a petting 

Zoo filled with sheep and goats. 

There is also a camel, a buffalo, 

pot-bellied pigs and miniature 

horses here too. 

The final area we visited 

was the education center where 

the new Dinosaurs! exhibit was 

located. For $2.50 extra, this 

exhibit was quite a treat. This 

is as close to seeing “real” dinosaurs 

and their babies in captiv- 

ity as one can come. Seeing the 

faces of the young children that 

came to this exhibit and watching 

their wonder at the squeaking, 

squawking, and roaring 

dinosaurs was an experience in 

itself. It’s worth the Zoo detour 

to stop and see these robotic and 

artistic masterpieces. 

Although the merchandise 

in the gift shop offers sad 

reminders of the loss of Hank, it 

is safe to say that the Zoo is carrying 

on brilliantly after the loss 

of their oldest animal. From the 

animals currently residing at the 

Warner Park Zoo, there is sure to 

emerge a star that will recapture 

the hearts of Zoo visitors. 

Email Erica Tuggle at reporter@hamiltoncountyherald.com. 

❖



“How to Get Out of 

Your Own Way” 

By Tyrese Gibson 

$24.99 / $27.99 Canada 

275 pages 

They say the economy’s getting 

better. 

They say things are looking 

up, that business is starting to 

recover. 

But they couldn’t prove it 

by you. For months now, you’ve 

been spinning your wheels in the 

sand, your dreams on hold along 

with your life. You’re wondering 

if the economy is to blame or if 

there’s something else… 

In the new book “How to 

Get Out of Your Own Way” by 

Tyrese Gibson, you’ll see that 

your problems may be attributed 

to something much closer. 

Growing up in a rough area 

south of L.A.’s Watts neighborhood, 

Tyrese Gibson had plenty 

of opportunities to get in trouble. 

Gangs were all over, but – 

despite that his father was absent 

and his mother was an alcoholic 

– Gibson somehow avoided the 

worst. It helped that his stepfather 

guided him, and that he had 

a regular church life. 

According to the National 

Foundation for Credit Counseling, 

the top financial new 

year’s resolution for consumers 

in 2011 is cutting back on debt. 

The 

Bookworm 

By Terri Schlichenmeyer 

He also had a goal: to make 

music. 

Gibson says he loved to sing 

and perform, which led him to 

win a talent contest and opened 

the doors to a multifaceted 

career. Gibson is usually known 

by only his first name to fans of 

his movies and music. 

“Over the last decade, I 

have come to realize that God’s 

purpose for me is to reach out to 

people,” he says. “… I want to 

give people permission to want 

better for themselves.” 

This book is the result. 

The first step in taking 

your life “to another level” is 

to “know that there are better 

circumstances you can be in.” 

Learning to love yourself enough 

to find them is “technically getting 

out of your own way.” 

Learn to think differently, 

he says. Find a positive spirit, 

stop living negatively, and 

clean up your surroundings. If 

people think of you the wrong 

way, work hard to change that. 

Become a role model, especially 

for your children. Wisely 

choose your “circle of five” and 

don’t hang out with anyone 

Now that the year is nearly halfway 

over, how many people have 

kept that pledge? 

If your resolve is starting to 

fail, the Tennessee Society of 

who doesn’t deserve your time. 

Share your ideas with the world. 

Understand that “selfish” isn’t 

necessarily a bad thing. 

“Always be strategizing and 

you will be prepared for the good 

and the bad.” 

Tired of going nowhere, 

fast? “How to Get Out of Your 

Own Way” may help motivate 

you. Or maybe not. 

There’s no doubt that this 

book will help readers to stop 

sabotaging themselves and their 

careers. Author, singer, and actor 

Tyrese offers sound advice mixed 

in with personal anecdotes that 

well-illustrate his points, and his 

words will resonate with today’s 

youth. 

And there’s the thing: 

“How to Get Out of Your Own 

Way” seems geared more toward 

younger readers in need of a 

boost. Gibson, in fact, devotes 

several pages to teens and an 

entire segment to dating-mating 

issues that seasoned businesspeople 

likely won’t find relevant. 

If you’ve been in business 

for a while, “How to Get Out of 

Your Own Way” probably isn’t 

a good fit for you. But for new 

grads or someone who’s landed 

that first important job, you’ll 

have a hard time finding something 

better. 

The Bookworm is Terri Schlichenmeyer. 

Terri has been reading 

since she was three years old 

and never goes anywhere without a 

book. She lives on a hill in Wisconsin 

with two dogs and 12,000 books. ❖ 

CPAs offers these tips for making 

it happen. 

Get the big picture 

Begin by adding up all your 

outstanding consumer debt. You 

Brainbuster – Make your brain tingle! 

By Kay Bona 

The inspiration for my 

trivia puzzle today came from 

one of our sons. He just got 

back from some training in the 

desert of California and was 

telling us about the Kangaroo 

Mouse, a little rodent that I 

never knew existed. Here are 

some more interesting critters! 

1. Which of the following 

critters can survive without 

access to water for over a 

year? Desert cottontail rabbit; 

Desert tortoise; Black-tailed 

jack rabbit; North American 

porcupine. 

2. Whi ch of the following 

musk-scented critters is 

often referred to as a wild pig 

although it is actually in a 

family all of its own? North 

American porcupine; Collared 

peccary; Skunk; Coatimundi 

3. Whi ch of the following 

birds is fast enough to kill 

and eat rattlesnakes and is 

the official state bird of New 

Mexico? Sonoran ostrich; 

Gambel’s quail; roadrunner; 

Golden Eagle. 

4. Which of these poisonous 

critters has venom 

glands on its lower jaw and 

therefore does not “inject” 

its nerve toxin, but just lets 

it seep into the wound as it 

chews? Western diamondback 

rattlesnake; Gila monster; 

Sidewinder; Tarantula 

5. Which of the following 

subspecies of whitetail deer is 

considerably smaller than most 

whitetail and can be found 

in the southernmost areas of 

California, Arizona, and New 

Mexico? Huachuca whitetail 

deer; there are no deer in the 

desert; Coues whitetail deer; 

None of the above. 

6. These rodents are usually 

called Pack Rats because 

they obsessively collect materials 

to use in the construction 

of their nests. What is the 

official name of this species? 

Bushy-tailed woodrat; Desert 

kangaroo rat; Brown rat; Black 

rat. 

7. Arizona’s San Pedro 

River is one of the most 

famous riparian areas in the 

world. Among the 400 species 

that call it home is the 

second smallest species of owl 

in the world. What is this 

owl’s name? Pygmy owl; elf 

owl; miniature barn owl; great 

horned owl. 

ANSWERS 

1. A desert tortoise (Gopherus 

agassizii) gets what little 

moisture it needs through its 

food (cacti, grasses, flowers, 

etc.). It is illegal to harm or 

capture a wild desert tortoise. 

Diversions 

Four steps for paying down your debt once and for all 

2. The collared peccary 

(Peccary angulatus) is also 

known as a javelina and is 

the only wild, pig-like critter 

native to the US. They have 

terrible vision and a musky 

smell. 

3. A roadrunner (Geococcyx 

californianus) can run at 

speeds up to 17 mph! On rare 

occasions when one does take 

flight it can only stay airborne 

for a few seconds. 

4. The gila monster (Heloderma 

suspectum) preys on 

eggs, birds and small mammals. 

It stores fat in its tail 

for use during winter months. 

Gila monster bites are rarely 

fatal in humans. 

5. Coues whitetail deer. 

The Coues are so much smaller 

in stature than other whitetail 

deer from the Midwest 

and Eastern US that they were 

once separated into their own 

species. 

6. Bushy-tailed woodrat 

(Neotoma cinerea). Pack rats 

build complex nests called 

“middens.” Their nests are 

often built in small caves, but 

can also be found in the attics 

and walls of houses. 

7. Elf Owl. Native to 

Mexico and the American 

Southwest, elf owls are 5 to 12 

inches tall and have a wingspan 

of 15 to 16 inches. 

may be in for a pleasant surprise, 

if you come up with what seems 

like a reasonable number, or in 

for a rude awakening, if the total 

is larger than you expected. 

In either case, before you 

can create a plan to eliminate 

debt you must know how much 

you’ve got. What you find may 

change how much money you 

want to pay off each month and 

how long you can realistically 

expect your efforts to take. 

Cut the cards 

Now that you know how 

much you owe, you must take 

one important step to prevent 

adding to that amount: stop using 

your credit cards. Lowering your 

existing balances won’t help you 

if you are only adding to them 

each month. 

If doing away with plastic 

altogether is not possible, budget 

yourself a specific amount that 

you can spend on credit monthly 

and stick to it. Then keep track 

of everything you spend so that 

you are sure to stay within your 

budget. 

Attack the highest 

rates first 

As a general rule, it’s best 

to begin by paying off the debts 

with the highest interest rates 

because carrying those balances 

is costing you the most each 

month. If you’re not sure how 

much interest you are being 

charged on each credit balance, 

check your monthly statement 

or contact the credit card issuer 

or lender for more information. 

If you have a strong payment 

record, this may also be a 

good time to try to negotiate a 

lower rate with all of your credit 

card companies. Your CPA can 

offer further advice on any questions 

you may have related to 

the interest rates you are paying. 

Pay above 

the minimum 

The longer it takes you to 

get rid of debt, the more time 

you will spend paying interest 

on it. 

For example, if you have 

a $3,000 balance at an 18 percent 

interest rate and pay only 

a minimum $60 each month, it 

will take you 26 years to erase 

that debt. 

In the meantime, you will 

end up handing over a total of 

$6,863 in interest in addition 

to paying off the original $3,000 

debt. Raising your payment to 

just $100 every month allows 

you to wipe out your debt in 

in about three and a half years 

and slashes your total interest to 

$1,016. 

That’s why you should 

always attempt to pay more 

than the minimum due on any 

account. You may have even 

noticed some helpful incentives 

for paying off your amounts right 

on your monthly statement. 

Legislation passed a couple of 

years ago requires credit card 

issuers to disclose how long it 

will take consumers to pay off 

their balance if they only send in 

the minimum amount due each 

month. 

In most cases, it can be 

sobering to realize how many 

months – or years – you will 

spend paying interest on your 

outstanding balances. 

In fact, 25 percent of consumers 

said that seeing those 

numbers made them pay more 

each month, according to the 

National Foundation for Credit 

Counseling. 

Source: Tennessee Society of 

CPAs ❖



Lawyers can learn to use the iPad in one hour 

By Correy Stephenson 

The Daily Record Newswire 

Recognizing the growing 

number of lawyers making use of 

tablet technology in the office 

and the courtroom, tech guru 

Tom Mighell has authored a 

new book: “iPad in One Hour 

for Lawyers.” 

Recently released by the 

American Bar Association, the 

book runs less than 100 pages 

and is chock-full of tips and apps 

for new as well as more advanced 

users. 

Mighell starts at the beginning, 

addressing set-up and 

management for the iPad before 

moving on to lawyer-specific 

applications. 

Some of the features includ- 

Keep your guard up: How to protect private information when traveling 

By David Baugher 


Attorneys are famous for 

taking the office with them on 

vacation. But for many, that 

habit can carry a hidden risk. 

What if the office doesn’t 

come back with you? 

A lost laptop or misplaced 

client file is not just a great 

way to ruin a great getaway. It 

also can present a nightmare of 

potential confidentiality problems 

for lawyers who now have a 

wealth of sensitive client information 

in the hands of a person 

or persons unknown. 

How can you safeguard your 

client information on a working 

vacation? 

Create a strong password 

Come up with a password 

the computer will ask for whenever 

it wakes up. Jim Snyder, 

managing partner of forensics 

and valuation services for BKD, 

a Kansas City-based accounting 

firm, says the rules are easy to 

remember – even if your password 

may not be. Use a mix 

of numbers as well as capital 

and lowercase letters. “The 

basics of password security would 

be: ‘Avoid the obvious,’” says 

Snyder, who is also an attorney. 

“Don’t use your birthday. Don’t 

use your address. Don’t use your 

Social Security number.” 

Encrypt it 

Encryption technology is 

another must, Snyder says. Such 

systems can be bought online. 

“Password security is an important 

part of that, but you would 

also want to have some sort 

of encryption that would prevent 

somebody from getting in 

and being able to uncover what 

you’ve got on the hard drive,” 

he says. 

Keep it nearby 

Don’t leave your laptop 

unattended. Laptops are a classic 

target for crimes of opportunity. 

“Treat the computer as though 

it’s latched to your wrist except 

for those few minutes that it’s 

going through the airport screening 

devices,” Snyder says. “If you 

are tempted to leave anything 

ed on the iPad are beneficial for 

attorneys, including the calendar 

and e-mail system, Mighell 

explains, but users will need to 

turn to iTunes for other apps. 

To keep those purchased 

apps visible on the home screen, 

the book explains how to set up 

a folder system to organize apps 

by creating categories such as 

news, social and productivity. 

Mighell also addresses the 

two means of transferring files 

onto an iPad, either via iTunes 

or cloud computing, and recommends 

Dropbox, a popular 

service to sync files online, for 

the latter. 

After the first four chapters 

on setup and configuration, the 

book focuses on productivity on 

the iPad, dispelling the idea that 

for a few minutes, don’t have it 

be your computer.” 

Have a backup server 

Kristie Prinz, an attorney 

and legal management consultant 

in Los Gatos, Calif., says it’s 

helpful to keep data on a server. 

That way, the attorney has a 

backup copy of information that 

otherwise would be lost. Systems 

can consist of a remote computer 

or a cloud-based system. “My 

recommendation to small firms 

is always have a server,” she says. 

“Don’t carry everything around 

in one computer.” 

Go remote 

Some remote systems can 

download your information each 

time you use the machine. Then 

it’s safely erased from your laptop 

when you’re finished. The 

laptop is treated as a terminal, 

not a storage device, Prinz says. 

“I personally don’t like to carry 

client files around on my computer, 

so now I travel with a 

blank computer with no data 

on it and just log in remotely,” 

she says. “That’s what I would 

recommend to people.” 

Beware of WiFi 

Snyder says he thinks it’s 

hard to hack into a wireless system 

at a lodging establishment, 

but Prinz advises caution anyway. 

“Be wary of wireless systems 

like those in hotels,” she says. 

“That’s a concern. It’s better to 

log in to a landline.” 

Keep private what’s private 

You needn’t lose a laptop to 

let sensitive information get out. 

Working on files in close quarters 

with strangers is not smart. 

“I’ve been on some planes where 

I’ve been sitting next to a lawyer 

and the files are just in plain 

view,” Snyder says. “And with 

very little effort you could look 

over and see what was going on.” 

Stay quiet 

While on a plane, monitor 

your own voice when on important 

phone calls. “I don’t know 

if there are many people who do 

dictation anymore,” Snyder says. 

“But I’ve also been on planes 

where someone is dictating, and, 

of course, there are lots of confidentiality 

issues there.” 

it is better suited for consumption 

than creation of content. 

While the biggest criticism of 

the iPad is that it is better for 

reading books or watching movies 

than actually doing work, 

Mighell has recommendations 

for lawyers looking to write briefs 

or motions, or do other legal 

work. 

For attorneys who plan to 

use the iPad for serious work 

purposes, Mighell suggests using 

a physical keyboard, a stand or 

a stylus. 

Despite his own intention 

of using the iPad as a true tablet, 

Mighell said he learned the hard 

way that he couldn’t take notes 

as fast as he could type and that 

his handwriting “is simply not 

good enough,” so he now uses 

Watch your wastepaper 

Your hotel room is not your 

office, even if you may treat it as 

such. Be careful what you toss 

in the trash. “What is it you 

are throwing away?” Snyder says. 

“Just be mindful of the fact there 

may be confidential information 

on some of these things.” 

Use care with 

public computers 

Many hotels have business 

a stylus for quicker – and more 

legible – writing. For each exterior 

add-on, Mighell includes 

product recommendations in the 

book. 

Mighell highlights the ease 

of reading on the iPad, and suggest 

apps that offer the ability 

to view various documents from 

PDFs to text files to Office and 

iWork documents. 

In the final lesson, Mighell 

turns to lawyer-specific apps. 

He provides quick reviews 

of jury selection applications 

– including iJuror – as well as 

TrialPad and Evidence, two different 

trial presentation apps. 

Mighell concludes the book 

with a series of valuable appendices, 

which discuss configuring 

security settings and differ- 

centers where guests have access 

to computers. Snyder says some 

have special security precautions, 

but others may not. “Be careful 

about using the business office 

to open up confidential email,” 

he says. “I have seen some situations 

where I have been on a 

hotel business office computer 

and someone has not clicked out 

of their email account, so there 

it is front and center, ready to 

ent finger moves to accomplish 

shortcuts. He also includes a 

“nonexclusive, nonexhaustive” 

list of the best iPad apps for 

lawyers, organized by category, 

including conferencing and 

meetings, productivity and, for 

when work is done, fun. 

Given the constantly 

changing world of applications, 

Mighell promises to keep the list 

updated at his blog, a companion 

site to the book. 

As the number of attorneys 

using the iPad continues 

to rise, Mighell’s book offers 

needed guidance and provides 

lawyers with the groundwork to 

make the most of their iPad purchase 

both at work and at home 

(Angry Birds, anyone?). ❖ 

be looked at by anybody and his 

brother.” 

Think before you print 

Printing leaves the possibility 

of accidentally leaving 

important documents on the tray 

or – equally problematic – in the 

print queue. “Make sure that 

they get printed, and recognize 

that there is some lack of security 

that goes with printing outside 

your office,” Snyder says. ❖



Hamilton County 

PUBLIC NOTICES 

NOTICE 

The Executive Committee of Friends of the 

Zoo will meet on Tuesday, June 14 at 11 am in 

the board room at the Chattanooga Zoo located 

at 301 N. Holtzclaw Avenue. 

HCH1T-6/10/11 

NON-RESIDENT NOTICE 

STATE OF TENNESSEE, 

COUNTY OF HAMILTON 

TAM THUONG THI NGUYEN 

VS DOCKET NO. 11D578 

QUAN DO ANH PHAM 

It appearing from allegations in Plaintiff’s Bill, 

which is sworn to, that the defendant is a nonresident 

of the State of Tennessee, so that the 

ordinary process of law cannot be served upon 

QUAN PHAM. 

IT IS ORDERED that publication be made for 

four successive weeks in the Hamilton County 

Herald, a newspaper published in Hamilton 

County, Tennessee, notifying said non-resident 

that unless QUAN PHAM answers and makes 

defense to said complaint in the offi ces of the 

Circuit Court Clerk of Hamilton County, Tennessee, 

within thirty (30) days after the fourth 

weekly publication of this order, the same will 

be taken as admitted by QUAN PHAM and the 

case will be set for hearing ex parte or without 

QUAN PHAM presence. 

This 31st day of May, 2011. 

PAULA T. THOMPSON, 

CIRCUIT COURT CLERK 

ATTORNEY FOR PLAINTIFF 

JENNIFER K PECK 

699 DALLAS RD 

CHATTANOOGA, TN 37405 

HCH4T-6/10,6/17,6/24,7/1/11 




PEARLINE DENISE HILL 


ALAN SCOTT HILL 





ALAN HILL. 





that unless ALAN HILL answers and makes 





be taken as admitted by ALAN HILL and the 

Commentary: You’re a practice group leader – now what? 

By Edward Poll 


The practice group structure 

has become an accepted 

organizational model in many 

firms. Such groups can also, be 

called departments, teams or 

some other designation, but the 

concept behind them is fundamental: 

to organize and focus 

the firm’s resources in a given 

area of legal discipline in order 

to improve client service quality, 

marketing performance, lawyer 

training and development, 

and competitive effectiveness. 

Practice groups reinforce to 

the client that service is provided 

by the entire firm and not 

just one lawyer. Ultimately, clients 

belong to the firm and not 

to the lawyer, which benefits 


ALAN HILL presence. 

This 24th day of May, 2011. 




Pro Se 

HCH4T-6/3,6/10,6/17,6/24/11 




JANET HALL CARTWRIGHT 


MICHAEL VERNON CARTWRIGHT 





MICHAEL CARTWRIGHT. 





that unless MICHAEL CARTWRIGHT 

answers and makes defense to said complaint 

in the offi ces of the Circuit Court Clerk of 

Hamilton County, Tennessee, within thirty (30) 

days after the fourth weekly publication of 

this order, the same will be taken as admitted 

by MICHAEL CARTWRIGHT and the case 

will be set for hearing ex parte or without 

MICHAEL CARTWRIGHT presence. 

This 23rd day of May, 2011. 




RICHARD BRENT TEETER 

WILLARD BLDG #400 

615 LINDSAY ST 


HCH4T-6/3,6/10,6/17,6/24/11 




STEPHANIE YVONNE GREENLEE 

VS DOCKET NO. 11D504 

JOHN ALEXANDER HAYES 





JOHN HAYES. 





that unless JOHN HAYES answers and makes 


firm, lawyer and client alike. 

When clients rely on the firm 

as represented by its practice 

groups, each lawyer benefits 

as the groups maintain client 

relationships and generate new 

ones. 

Problems start, however, 

with the fact that practice 

groups need leaders. Being asked 

to take such a position recalls 

Abraham Lincoln’s anecdote 

about the man who was tarred, 

feathered and ridden out of 

town on a rail; if it wasn’t such 

an “honor,” the fellow said, he’d 

rather walk. 

Similarly, the “honor” of 

being named practice group 

leader comes with multiple pitfalls: 

Practice group leaders 

are still expected to maintain 




be taken as admitted by JOHN HAYES and the 


JOHN HAYES presence. 









HCH4T-6/3,6/10,6/17,6/24/11 




VALERIE RENEE FORD 


VINCENT GERARD FORD 





VINCENT FORD. 





that unless VINCENT FORD answers and 

makes defense to said complaint in the offi ces 

of the Circuit Court Clerk of Hamilton County, 

Tennessee, within thirty (30) days after the 

fourth weekly publication of this order, the 

same will be taken as admitted by VINCENT 

FORD and the case will be set for hearing ex 

parte or without VINCENT FORD presence. 





PRO SE 

HCH4T-6/3,6/10,6/17,6/24/11 




CORA VON GIPSON BROWN GARDNER 


DWAYNE KEITH GARDNER 





DWAYNE GARDNER. 




their own books of client business, 

while devoting considerable 

time (which would otherwise 

be billable) to managing 

their practice group’s business 

plans and overseeing group performance. 

Group leaders often are 

not compensated for management 

duties, other than the normal 

process followed for setting 

all other partners’ compensation 

in the firm. 

The firm likely has a 

chief operating officer or firm 

administrator (usually a nonlawyer), 

a CEO-managing 

partner (and chair of the 

Management Committee), and 

a chairman of the board (usually 

a former CEO-managing 

partner) – none of whom may 

have goals that support what 

Speedboat operator convicted in hit-and-run 

By Pat Murphy 


With the unofficial start 

of summer, lawyers should start 

seeing clients trickle in with all 

sorts of legal troubles involving 

recreational boating. 

Last week, a California 

court gave a short primer on selfincrimination 

in the context of a 

speedboat operator charged with 

failing to render assistance after 

running down a young swimmer. 

The victim is the 11-yearold 

son of Jeff and Lynn 

McEntire. On Sept. 2, 2006, the 

McEntire family was enjoying an 

afternoon on Shaver Lake. 

Part of the fun involved Jeff 

skimming across the lake on a 

personal watercraft with his son 

in tow on a kneeboard. 

Around 4:30 p.m., a white 

and yellow motor boat sped out 

of a nearby cove and made a 

sharp turn towards Jeff on his 

watercraft. Despite attempts to 

get the operator’s attention, the 

boat never decreased speed and 

ran down Jeff’s son on his knee 

board. 

The boat continued on its 

way, leaving the severely injured 

boy in the water. Evidently, the 

boat’s propeller had struck the 

victim’s head. The boy’s skull was 

fractured, allowing brain matter 

to escape from his forehead. The 

victim survived, but with permanent 

brain damage and the loss 

of vision in one eye. 

For police, the task at hand 

was to find the operator of the 

white and yellow motorboat. 

Witnesses pointed to 

Roger Guzman, who happened 

to own a motor boat matching 

the description and who was 

out on the lake that day with a 

friend. Investigators who later 

examined Guzman’s boat discovered 

a bent propeller shaft 

and blade. 

The state charged Guzman 

under California Harbors and 

Navigation Code §656.2, which 

makes it a criminal offense when 

a boat operator involved in 

an accident fails to stop and 

render assistance, and fails to 

identify himself to the victim 

and law enforcement. 


that unless DWAYNE GARDNER answers 

and makes defense to said complaint in the 

offi ces of the Circuit Court Clerk of Hamilton 

County, Tennessee, within thirty (30) days 

after the fourth weekly publication of this 

order, the same will be taken as admitted by 

DWAYNE GARDNER and the case will be 

set for hearing ex parte or without DWAYNE 

GARDNER presence. 







615 LINDSAY ST. 


HCH4T-5/27,6/3,6/10,6/17/11 




DOUGLAS EDWARD JR. PARIS 


TETEISHA SHANTEL PARIS 





TETEISHA PARIS. 





that unless TETEISHA PARIS answers and 





same will be taken as admitted by TETEISHA 

PARIS and the case will be set for hearing ex 

parte or without TETEISHA PARIS presence. 









HCH4T-5/20,5/27,6/3,6/10/11 




KIMBERLY QUALLS KNIGHT 


JAMES TYRONE SR. KNIGHT 


the practice group leader wants 

to accomplish. 

That is the blueprint for a 

thankless job and why practice 

group leaders should have their 

own version of an engagement 

agreement before assuming 

their duties. 

The agreement should consist 

of a statement of responsibilities, 

equivalent to a job 

description. The responsibilities 

should list what the practice 

group leader must do in order 

to reach the necessary measurements 

for success. Only an 

explicit description will foster 

the necessary communication 

and accountability. 

The leader’s base level of 

compensation and extent to 

which he is expected to maintain 

a personal book of business 

A jury convicted Guzman 

on this count, as well as counts 

charging reckless operation and 

excessive speed. 

On appeal, Guzman argued 

that his right against self-incrimination 

was violated when the 

trial judge instructed the jury he 

was required under state law to 

identify himself to law enforcement 

officers as the operator of 

the motorboat that had struck 

the boy. 

The California Court 

of Appeal on Friday clarified 

that Harbors and Navigation 

Code §656.2 is analogous to 

the state’s Motor Vehicle Code 

requirement that drivers render 

aid and identify themselves 

whenever they are involved in 




JAMES KNIGHT SR.. 





that unless JAMES KNIGHT SR. answers and 





same will be taken as admitted by JAMES 

KNIGHT SR. and the case will be set for 

hearing ex parte or without JAMES KNIGHT 

SR. presence. 





REBECCA GARREN PARKER 

5751 UPTAIN RD., STE. 508 


HCH4T-5/20,5/27,6/3,6/10/11 




FLORIDALMA MORALES MORALES 


MERI HERNANDEZ PEREZ 





MERI PEREZ. 





that unless MERI PEREZ answers and makes 





be taken as admitted by MERI PEREZ and the 


MERI PEREZ presence. 





JUSTIN G. WOODWARD 

3115 BRAINERD RD., #A 


HCH4T-5/20,5/27,6/3,6/10/11 ❖ 

should be precisely defined. 

Finally, there should be 

definite parameters for how 

often and with whom in senior 

management the group leader 

can meet to assess progress and 

discuss concerns. 

Such an agreement is just a 

starting point. Continuing dialogue 

and evaluation of practice 

group leaders is essential for 

reinforcement, modification or 

expansion of responsibilities as 

the firm’s circumstances evolve. 

Firm and practice group 

leadership are subject to the 

same need to keep the communication 

process open, candid 

and frequent. Firm and group 

management must be in concert, 

and all members must buy 

in for the practice group to be 

truly effective. ❖ 

an automobile accident. 

In this respect, the watercraft 

hit-and-run and the motor 

vehicle hit-and-run are analogous 

in that the crime is not the 

accident itself but the conduct 

that follows the accident. 

The court concluded that 

“Guzman’s Fifth Amendment 

rights were not violated by 

§656.2 because the information 

required to be reported, including 

that one is the operator of 

the vessel involved in the accident, 

is regulatory in nature and 

does not give rise to any criminal 

liability. Criminal liability arises 

from failure to comply with 

the reporting requirements.” 

(California v. Guzman) ❖



Commentary: Immigration reform requires courage, not rhetoric 

By The Daily Record Newswire 

Architects of the U.S. Constitution 

took care to make alterations 

difficult. Amendment of the 

Constitution may be proposed by 

a two-thirds vote of both houses 

of Congress or by a special convention 

petitioned by two-thirds 

of the state legislatures. Any proposed 

amendment must then be 

ratified either by three-fourths of 

the state legislatures or by threefourths 

of special state conventions, 

as directed by Congress. 

Over the life of the Constitution, 

some 5,000 amendments have 

been introduced in Congress; 33 

have been formally proposed for 

ratification; and only 27 were 

ratified. The average time for ratification 

has been two-and-a-half 

years. 

This burdensome amendment 

procedure should discourage 

tinkering with the Constitution 

on the whim or passion of the 

moment. And it should reserve 

any consideration of amendment 

for serious discussion rather 

than political posturing. But it 

is political posturing that marks 

this year’s proposals to alter the 

Fourteenth Amendment for the 

purpose of eliminating its grant 

of citizenship to those born in the 

United States. 

The so-called Citizenship 

Clause, adopted in 1868, guaranteed 

citizenship for the children 

of freed slaves. It is purposefully 

simple: “All persons born or naturalized 

in the United States, 

and subject to the jurisdiction 

thereof, are citizens of the United 

States and of the state wherein 

they reside.” Unlike other 

Constitutional amendments, it is 

subject to little interpretation. 

But according to a growing number 

of lawmakers, either it does 

not mean what it says or it has 

outlived its usefulness. 

By Kimberly Atkins 


Lawyers who litigate employment 

benefits cases were waiting 

for the U.S. Supreme Court to 

answer one important question: 

whether beneficiaries claiming 

they were misled by a summary 

plan description must prove detrimental 

reliance in an action 

under the Employee Retirement 

Income Security Act. 

But in a move that seemed 

to surprise attorneys representing 

both beneficiaries and plan 

administrators, the Court instead 

made a number of holdings 

regarding both the administration 

and litigation of employment 

benefits, causing both sides 

to claim a partial victory, and just 

about everyone to express at least 

a bit of confusion. 

“This is one of those badfacts-make-bad-law 

cases, 

because the underlying case is 

so complicated that [the Court] 

wasn’t able to decide a simple 

issue” like detrimental reliance, 

said Stephen Rosenberg, a partner 

at the McCormack Firm in 

Boston, where he heads the firm’s 

ERISA practice group. 

In CIGNA Corp. v. Amara, 

the Court unanimously held that 

courts cannot, as the district 

court did in this case, reform a 

benefits plan under §502(a)(1) 

(B) of ERISA to comply with 

the more beneficial terms of a 

summary plan description (SPD). 

(Justice Sonia Sotomayor took no 

Earlier this year, Senators 

Rand Paul and David Vitter 

introduced a legislative “resolution” 

that would deny birthright 

citizenship to anyone without at 

least one parent who is a citizen 

or legal resident. In the House 

of Representatives, Steve King, 

joined by more than 60 co-sponsors, 

has proposed legislation to 

the same effect. Such resolutions, 

even if not explicitly stated, call 

for a constitutional amendment. 

But to some, the legislation – and 

similar proposals in a number of 

states – simply clarifies the meaning 

of the birthright Citizenship 

Clause. 

Advocates of the Paul- 

Vitter proposal argue that the 

Fourteenth Amendment – enacted 

for the purpose of prohibiting 

Southern states from restricting 

the citizenship rights of newly 

freed slaves – was never intended 

to grant citizenship to the children 

of illegal aliens. But in 1868, 

there were no “illegal aliens.” 

Immigration was unrestricted. 

Anyone arriving in the country 

could stay as a resident alien or, 

after a number of years, apply for 

naturalization. 

Nor was the “subject to 

the jurisdiction thereof” clause 

meant somehow to exclude noncitizens. 

In a late nineteenthcentury 

opinion, U.S. v. Wong 

Kim Ark, the Supreme Court 

explained that this clause was to 

except certain groups recognized 

in English common law: children 

of foreign diplomats, those born 

on foreign public ships, and those 

born of enemies of the U.S. during 

a hostile occupation. To these 

common law categories, the court 

added the then-recognized historical 

exclusion of the children 

of Indian tribe members, “not 

taxed.” 

Thus, the Supreme Court concluded, 

“the Fourteenth Amend- 

part in the decision.) 

The Court also held that the 

summary plan description, which 

here led employees to believe 

that they would get greater benefits 

that they received, was not 

part of the plan and could not 

itself be enforced by the court 

under that section of the Act. 

But in a surprise move, the 

Court also held by a 6-2 vote 

that plan beneficiaries could seek 

monetary relief under §502(a) 

(3), which provides for equitable 

relief for ERISA violations. A 

showing of detrimental reliance 

is not necessary to prevail on such 

a claim, just simple causation, the 

Court’s majority held. 

Almost immediately plaintiffs’ 

employment lawyers claimed 

victory, arguing that the expansion 

of the equitable relief section 

of the law gave beneficiaries a 

new avenue of relief for ERISA 

violations. 

“It’s a big win,” said San 

Francisco plaintiffs’ attorney 

Joseph A. Creitz, whose practice 

includes ERISA litigation. 

“The Court explicitly said that 

the equitable remedy is available 

[for beneficiaries] to recover 

out-of-pocket costs. That is a big 

change.” 

But lawyers defending benefit 

plans were not sure the victory 

was so one-sided. The Court’s 

ruling went against the plaintiffs 

in Amara, they pointed out. And 

the standards under the ERISA 

section governing equitable relief 

are so spongy, they said, that the 

ment affirms the ancient and 

fundamental rule of citizenship 

by birth within the territory … 

including all children here born 

of resident aliens.” The court has 

since assumed without comment 

that a child born to an undocumented 

alien is a citizen. 

In support of a constitutional 

amendment to remove 

the Citizenship Clause, Senator 

Lindsey Graham has opined that 

“birthright citizenship doesn’t 

make so much sense when you 

understand the world as it is.” 

The world to which Senator 

Graham alludes is one in which 

undocumented immigrants are 

said to enter the U.S. for the 

purpose of giving birth to “anchor 

babies,” whose citizenship status 

will eventually pave their parents’ 

path to citizenship. 

Although this belief enlivens 

much of the birthright citizenship 

debate, it is a misconception. 

The Pew Research Center found 

that fewer than nine percent of 

undocumented immigrants gave 

birth shortly after arrival. And 

there is scant evidence that any 

entered this country for that reason. 

Any child born into citizenship 

must wait until age 21 to 

apply for a parent’s legal residency. 

Generally, if the petition 

is granted, the parent must leave 

the United States and wait for 10 

years before re-entry. It is difficult 

to believe that many undocumented 

immigrants have arrived 

here as part of a 31-year plan for 

citizenship. 

But, since there is no real 

chance of changing the Constitution 

to remove the Citizenship 

Clause, the issue makes for easy 

demagoguery. And that is a 

shame. When the rhetoric and 

sloganeering are done, lawmakers 

have not summoned the political 

courage to engage the necessity of 

plaintiffs in Amara and other 

cases probably have years of litigation 

ahead of them, and the 

issue of the proper equitable standards 

could wind up back before 

the Supreme Court. 

“[The justices] didn’t really 

deal with that. They just sent 

it back down,” said Rosenberg, 

who represents plan administrators 

in ERISA litigation. “Is the 

district court just going to reform 

the plan under the equitable 

clause? Is the 2nd Circuit going to 

uphold that? There is a big question 

as to whether this is good for 

the beneficiaries or not because 

of the [litigation] that lies ahead.” 

Also, the holding that summary 

descriptions are not a part of 

benefits plans is a win for employers 

and plan administrators, their 

lawyers say. 

“It does confirm what we 

always [believed], which is that 

the SPD is different from the plan 

instrument,” Rosenberg said. 

‘Surcharge’ and other 

equitable remedies 

Before the decision in 

Amara, courts generally held that 

monetary relief was not available 

under the equitable remedies provision 

of ERISA. 

But the Court’s majority – 

reaching back to cite equitable 

principles applied to trusts cases, 

some more than a century old – 

found otherwise. In equity, the 

Court held, courts could offer 

several types of relief: injunctive 

relief, reformation of the 

plan, estoppel and an award 

serious immigration reform. 

Broadening the debate 

Since 9/11, in response to the 

many congressional mandates, 

the number of border guards has 

doubled. The budget for border 

security is now more than $17 

billion. Writing recently in The 

Wall Street Journal, James W. 

Ziglar and Edward Alden estimate 

that the cost of funding 

now-existing congressional mandates 

regarding border enforcement 

would exceed $46 billion, a 

price not likely to be paid. 

Nonetheless, although illegal 

border crossings have diminished 

by 70 percent since 2000, neither 

Democrats nor Republicans 

are currently willing to consider 

immigration reform beyond calls 

for even tougher border security. 

But while the price of “zero tolerance” 

border security is ever 

increasing, Ziglar and Alden 

argue, it is unattainable. We must 

broaden the debate. 

President George W. Bush 

was willing to explore immigration 

reform and supported a proposal 

to grant illegal aliens temporary 

worker permits. In doing 

so, President Bush observed the 

obvious: We cannot round up 

and deport the entire undocumented 

population, now estimated 

at over 12 million, representing 

one of every 20 workers. 

Only last year, Senators Lindsay 

Graham and Charles Schumer 

proposed comprehensive immigration 

reform. Writing in The 

Washington Post, Graham and 

Schumer outlined a plan that 

included a tamper-proof ID system, 

a process to admit temporary 

workers, and implementation of a 

“tough but fair path to legalization 

for those already here.” The 

proposal had deserved support on 

both sides of the aisle. 

Earlier this year, UCLA 

professor Raul Hinojosa-Ojeda 

called a “surcharge.” 

“Equity courts possessed the 

power to provide relief in the 

form of monetary ‘compensation’ 

for a loss resulting from a trustee’s 

breach of duty, or to prevent 

the trustee’s unjust enrichment,” 

Justice Stephen Breyer wrote. 

“Indeed, prior to the merger of 

law and equity this kind of monetary 

remedy against a trustee, 

sometimes called a ‘surcharge,’ 

was ‘exclusively equitable.’” 

That ruling represents a 

turnaround in Supreme Court 

ERISA precedent, which Paul 

W. Mollica, of counsel to Outten 

& Golden in Chicago, said has 

been increasingly adverse to beneficiaries 

seeking relief. 

There had been a series of 

“decisions from the Supreme 

Court that [gave] fewer and fewer 

remedies for ERISA violations 

that could result in any kind of 

relief,” said Mollica, who represents 

plaintiffs in class, collective 

and public interest litigation. 

“What the decision does 

is refashion the [liability] under 

ERISA where employees are misled 

because the summary of the 

plan. ... The Court said there can 

be relief against fiduciaries for 

such statements, and that relief 

can take the form of monetary 

relief. That is a significant change 

in the way the Court has ruled.” 

While he said that the holding 

that summary plan descriptions 

are not part of the plan is 

“a technical win” for employers 

and plan administrators, it’s a 

released a study showing that 

immigration reform providing a 

legal path to citizenship could 

generate an increase of more than 

$1.5 trillion in Gross Domestic 

Product over the next 10 years. 

A mass deportation system, however, 

would cause a loss of $2.6 

trillion over the same period. 

A report by the Cato 

Institute reached a remarkably 

similar conclusion, finding that 

a path to legalized citizenship 

would increase U.S. household 

incomes by $180 billion by 2019. 

And a University of Southern 

California study concludes that if 

California’s unauthorized workers 

were legal, they would have 

earned over $29 billion last year, 

causing a domino effect to stimulate 

the state’s sagging economy. 

The resultant growth would 

directly increase consumption 

spending by some $1.75 billion, 

which would generate additional 

indirect spending, which, in 

turn, would generate thousands of 

additional jobs. 

As Reconstruction-era lawmakers 

debated the effect of the 

proposed Citizenship Clause of 

the Fourteenth Amendment, the 

sentiments expressed were not 

all those of liberty and equality. 

Some voiced hostility and fear 

that children of disfavored ethnic 

groups – Chinese and gypsy 

specifically – would be the beneficiaries. 

But in the end, by providing 

citizenship by birth, regardless of 

race or previous condition of servitude, 

the Reconstruction framers 

rose to embrace the notion 

of citizenship jus soli – by the 

right of the soil – and not according 

to bloodline. In the same 

spirit, politicians should now raise 

the immigration debate above 

cheap and pointless shots at the 

Fourteenth Amendment’s principles 

and purpose. ❖ 

Ruling by U.S. Supreme Court makes fuzzy ERISA law more puzzling 

limited one. 

While the summaries are 

sometimes created by someone 

other than the plan administrator 

– and in such cases the administrator 

would not be liable for their 

content – when the administrator 

does make misleading statements 

about a plan in a summary equitable 

relief, including monetary 

damages, is available. 

“That is a huge advance over 

where we were,” Mollica said. 

The result of Amara, Mollica 

said, will be “more wins for participants.” 

“I think it will lead lawyers 

who [litigate] ERISA to give 

more optimistic predictions to 

their clients,” Mollica said. “The 

fact of the matter is, [with] a lot of 

people who come into the office 

with ERISA claims, you are disappointing 

them. And now I feel 

more confident. Now we have 

claims that we can make that we 

didn’t have last week.” 

One thing is certain, 

Rosenberg said. Lawyers on both 

sides will try to use Amara, and 

all other ERISA precedent, the 

best way that they can. 

“ERISA can be manipulated,” 

Rosenberg said. “In most 

cases, ERISA litigators can 

manipulate it in a bunch of different 

directions. As a plaintiffs’ 

lawyer you know how to [use a 

case] to support your claim for 

relief, and as a defense lawyer 

you know how to say that those 

issues have not been resolved by 

the courts.” ❖



Pro Bono Night 2011: Legal Aid of East Tennessee gives back 

Attorney Seth Holliday, Legal Aid of East Tennessee paralegal 

Phyllis Henderson, and Maeghan Jones, former pro bono 

coordinator at Legal Aid, chat during the social hour preceding 

the awards ceremony. 

McWilliams & Gold paralegal Jamie Carpenter receives the 

first annual Pro Bono Paralegal of the Year Award. 

Judge Jeff Hollingsworth receives the Chief Justice M. Barker 

Equal Access to Justice Award. He’s pictured with his wife, 

Mary. 

Attorney Jim Paris, Chancellor Frank Brown, and attorney 

Erskine Mabee. 

Attorney Matt McAdoo (pen in pocket) enjoys social hour 

with summer associates from Baker Donelson. 

Photos By David Laprad 

Chief Justice Cornelia A. Clark speaks to those in attendance. 

Attorney John Rice and his wife, Mary. 

Leslie McWilliams and Barry Gold, collectively McWilliams 

& Gold, received the Pro Bono Firm of the Year Award. 

Attorney Cynthia Hall brought an adorable puppy from the 

Chattanooga Humane Society in the hopes of finding him 

a home. Although this canine didn’t get adopted during Pro 

Bono Night, the Humane Society reports he now has a home. 

Drinks were on the house. Sponsor Husch Blackwell provided 

the wine. 

Attorney Amanda Branam Rogers receives the Pro Bono 

Excellence Award. 

Attorney Jason Demastus and attorney Marcie Kiggans. 

Chief Justice Clark and Pro Bono Emeritus Attorney Dick 

Ruth exchange pleasantries as Judge W. Neil Thomas III 

looks on. 

Regional director of Legal Aid of East Teen Russell Fowler 

and executive director Dan Yoder. 

Julia’s Fine Foods from Sewanee, Tenn., provided the catering 

at cost.

50 years ago... Inside... - Chattanooga Bar Association

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