Former BCBA Vice President, Randall Johnston, of Randall B. Johnson, P.C., began his term as 2020 BCBA President January 1, along with the following officers and Executive Committee members: Vice President – Gretchen Yancey, Carson & Coil, P.C.; Secretary – Kirsten Dunham, Mid-Missouri Legal Services, and Treasurer – Dan Beckett, of Smith Lewis, LLP.

The remainder of the 20202 Executive Committee consists of Jill Jackson as Immediate Past-President, Jeff Basinger and Katie McMurtrey, and Thad Taylor as Newsletter Editor.

Lawyers and firms wishing to pay their 2020 BCBA dues may send $50/lawyer dues to Treasurer Dan Beckett at Boone County Bar Association, 705 E. Walnut, Columbia, MO 65201. Make checks payable to “Boone County Bar Association.” Dues become payable January 1, and members will be removed from the rolls if they have not paid dues by April 1, 2020. Dues are waived for members who have reached 75 years of age or have been licensed for 50 years. Please provide the 2020 Boone County Bar Association Dues Payment/Waiver Form with your payment or exemption. This is especially important if you would like your areas of practice listed with your name in the Membership Directory. On the form, each attorney may list up to two areas of practice. The form can be found at https://boonecountybar.org/dues/.

The final numbers are in for the 13th Annual Chipping in for Charity Golf Tournament held on October 14th with $16,765.35 raised. Since its inception, the tournament has now raised a total of $144,081.95 for charity. The funds from this year’s tournament will be donated to Mid-Missouri Legal Services’ Veterans Law Project, which provides pro bono legal services for low income veterans in our community. The BCBA Community Involvement Committee would like to thank the following sponsors that were especially significant contributors to the tournament: Presenting Sponsor: Lear Werts LLP; Ace Sponsor: Allen, Nelson & Wilson, P.C.; Eagle Sponsors: Harper, Evans, Wade & Netemeyer, Missouri Bar Young Lawyers Section Council; Birdie Sponsor: GilsbarPro; Hospitality Sponsors: Truman’s Bar & Grill, Lilly’s Cantina Food Truck, and Alaris. Please mark your calendars for the 2020 tournament which is scheduled for Monday, October 12th (Columbus Day) at Columbia Country Club. Here are some photos from this year’s tournament.

The Committee would like to thank the following sponsors that were especially significant contributors to the tournament: Presenting Sponsor: Lear Werts LLP; Ace Sponsor: Allen, Nelson & Wilson, P.C.; Eagle Sponsors: Harper, Evans, Wade & Netemeyer, Missouri Bar Young Lawyers Section Council; Birdie Sponsor: GilsbarPro; Hospitality Sponsors: Truman’s Bar & Grill, Lilly’s Cantina Food Truck, and Alaris. Please mark your calendars for the 2020 tournament which is scheduled for Monday, October 12th (Columbus Day) at Columbia Country Club.

The 13th Annual Chipping in for Charity Golf Tournament held on October 14th at Columbia Country Club was a resounding success.  The tournament raised approximately $16,000.00 (final numbers are not available yet but will be reported soon) for Mid-Missouri Legal Services’ Veterans Law Project, which provides pro bono legal services for low income veterans in our community.  Congratulations to the Rogers Ehrhardt team for winning Championship Flight this year by shooting a sixteen under par score of 55.  Other winners were: A Flight – Harper, Evans, Wade & Netemeyer team with a score of 60; B Flight – Commerce Trust Company team with a score of 63; C Flight – Oxenhandler/Gerding team with a score of 66; D Flight – Missouri Bar Young Lawyers Section Council team with a score of 69; and, E Flight – Lear Werts LLP team of Brad Lear and friends with a score of 73.

Congratulations are also in order for the Mid-Missouri Legal Services team for winning the consolation prize for last place/highest score (but probably most fun had!) in the tournament which is among the more coveted prizes given away at the tournament.  Additional prize winners were: closest-to-the-pin on hole 6: Jim Evans; closest-to-the-pin on hole 11: Bob Gerding; closest-to-the-pin on hole 13: Jim Howard; closest-to-the-pin on hole 16: (again!) Jim Howard; longest putt on hole 9: Matt S.; longest drive (women) on hole 1: Jill Harper; longest drive (men) on hole 1: Tim Gerding.  Bill Ellis was the winner of the putting contest.  The BCBA Community Involvement Committee would like to thank all of the generous sponsors, participants, and volunteers who helped make this year’s tournament a success.

The Committee would like to thank the following sponsors that were especially significant contributors to the tournament: Presenting Sponsor: Lear Werts LLP; Ace Sponsor: Allen, Nelson & Wilson, P.C.; Eagle Sponsors: Harper, Evans, Wade & Netemeyer, Missouri Bar Young Lawyers Section Council; Birdie Sponsor: GilsbarPro; Hospitality Sponsors: Truman’s Bar & Grill, Lilly’s Cantina Food Truck, and Alaris.  Please mark your calendars for the 2020 tournament which is scheduled for Monday, October 12th (Columbus Day) at Columbia Country Club.

The Court en Banc clarified that the new Rule 72(L) requirements which became effective Aug. 1, 2019, also applies to guardianships of minors by adding “minor” to the first line. This is based on legislation that passed in 2018 that created the “Rap Back” program.

PROBATE RULE 72 (L):      Guardian and Conservator Pursuant to section 43.540, if a guardian or conservator is appointed to a minor, or disabled or incapacitated person, the appointed person will be fingerprinted and entered into the Record of Arrest and Prosecution or “Rap Back” program.” This will require the person to be fingerprinted through the court or  Missouri  Highway  Patrol every 6 years after their appointment. Fingerprints will be at the cost of the appointed guardian or conservator. The prints will be entered in the central repository and notice of any arrest or prosecution will be sent to the probate court for review and consideration.

Grant Slusher is the winner of the BCBA $2,500 college scholarship award for 2019. The scholarship is given to one Boone County High School senior each year and is renewable for one additional year if certain grade requirements are met. Grant graduated from Father Tolton High School in May and will attend Rhodes College. Grant’s application was outstanding, and we are excited to name him the winner and wish him the best of luck! The BCBA is also renewing this year the scholarship for the 2018 winner, Keltin Serio, who will be attending MU in the fall.

BCBA member and former Columbia mayor Darwin Hindman, 86,  passed away Monday morning.  He was an Air Force pilot and attended the University of Missouri School of Law prior to commencing his legal career.

Darwin served as Columbia’s mayor for fifteen years, 1995-2010, a role he held longer than anyone else.  His love for the city in which he was reared shown brightly during his tenure.  Perhaps his greatest legacy as mayor are the many projects he launched that contributed to the city’s growth and will continue to be loved by and enrich the lives of Columbia citizens, including the MKT trail, Stephens Lake Park and the ARC.

Darwin had a passion for biking and was frequently seen riding his bike around town.  As mayor, he helped secure $25 million of federal funding for local biking and walking projects.  He was instrumental in getting the Katy Trail built, which earned him the moniker of ‘father of the Katy Trail.’

We send our heartfelt condolences to Darwin’s wife Axie, their children and families. A memorial service was held Saturday, June 22^nd, at the Calvary Episcopal Church on Ninth Street.

Update to Local Court Rule 1.D (effective after 60 days) and adding Rule 72. L (effective Aug. 1) New Local Court Rule 1. D RULE 1. DIVISIONS OF COURT D. The Treatment Courts of the 13th Judicial Circuit shall provide enhanced supervision, including substance abuse and mental health treatment, to offenders who meet the eligibility criteria of the various Treatment Courts. Services shall be available to both pre-plea and post-plea offenders as well as probationers. The Treatment Courts shall be continually monitored and evaluated for modification as necessary to provide the most current evidence-based programs available. The mission of the Treatment Courts is to provide supervision and treatment which will allow offenders to change their behavior and avoid further involvement in the criminal justice system. The Court en Banc shall appoint the Treatment Court Commissioner. The commissioner shall administer the Treatment Courts and shall regularly report to the Court en Banc on the state of the Treatment Courts.

Rule 72 L. Guardian and Conservator: Pursuant to section 43.540, RSMo, if a guardian or conservator is appointed to a disabled or incapacitated person, the appointed person will be fingerprinted and entered into the Record of Arrest and Prosecution or “Rap Back” program.” This will require the person to be fingerprinted through the court or Missouri Highway Patrol every 6 years after their appointment. Fingerprints will be at the cost of the appointed guardian or conservator. The prints will be entered in the central repository and notice of any arrest or prosecution will be sent to the probate court for review and consideration. Here is a link to the Supreme Court rules that are effective July 1, 2019: https://www.courts.mo.gov/page.jsp?id=134633 Here is a link to the Supreme Court rules that are effective Jan 1, 2020: https://www.courts.mo.gov/page.jsp?id=134633

Judge Clifford Gene Hamilton passed away on April 29, 2019. Judge Hamilton was born on October 31, 1942. He was a graduate of Westminster College in 1964 and the University of Missouri Law School in 1967. Judge Hamilton was a 2nd Lieutenant in the US Army and he served in Germany after completing law school. Upon return from Germany, the Governor appointed him as Prosecuting Attorney for Callaway County in 1969. He held this position until 1980.

Judge Hamilton was elected Circuit Judge, Division I, in 1982 and served until his retirement in September 30, 2010. Judge Hamilton served as Presiding Judge from October, 2002 through September, 2010. His service to the 13th Judicial Circuit is deeply appreciated.

A visitation will be held from 4:30 to 7:00 p.m. on Thursday, May 30, 2019 at Maupin Funeral Home, 301 Douglas Blvd., Fulton, Missouri, 65251

The BCBA executive committee is pleased to announce the creation of the Black Lawyers Committee, chaired by Robin Winn. Robin is a Columbia native, graduate of the Southern University Law Center in Baton Rouge, and a recent recipient of the NAACP Trail Blazer Award for Outstanding Accomplishment.

An initial goal of the Black Lawyers Committee is to encourage local black lawyers to rededicate and recommit themselves to being active participants of the bar. The BCBA needs a strong and vibrant membership to improve our profession, eliminate bias, and advance the rule of law.  If you know any attorneys who might like to join this committee, please have them contact Robin at rwinn@thewinnlawfirm.com or by phone at 314-335-0067.

The first event of the Black Lawyers Committee will be a ‘meet and greet’ from 4:30 – 5:30 pm, on April 25^th, at the Boone County Historical Society (immediately prior to the Bench-Bar). All BCBA attorneys are welcome to attend this inaugural event.

Judge Kimberly Shaw will be starting a Child Support Court in Boone County, with the first docket being heard on April 11, 2019. “This has been something I’ve wanted to start for some time now,” said Judge Shaw. “By filing these cases as civil, working with parents to help them with job skills, parenting skills, life skills and needs such as getting a driver’s license back; this, to me, approaches back owed child support in a way that’s better for the children and our community.”

This docket is in collaboration with Assistant Prosecutor Steve Gunn, Charles Stephenson of Powerhouse Community Development Corporation, and Damian Dean of United Community Builders. The goal of this court is to get non-custodial parents to start paying child support and working on arrearages (back owed child support), as well as working on their relationship with their children.

Participants in the court will be in the Fathers Committed to Families program, which is also available for mothers. Participants will have a goal 90 days from enrollment to get a full or part-time job. Other services such as substance abuse groups/support, recovery support, parent education, anger management, case management, child support guidance/assistance, employment assistance and job readiness skills, life skills and financial management are provided. The prosecuting attorney’s office will decide whether a case will be filed in this court, verses a criminal case being filed. Noncustodial parents not involved in the court can still be referred to Fathers Committed to Families by contacting Jeanine Falls at United Community Builders Office,

611 N. Providence, Columbia, MO 65201.

In addition to helping children and families, it is anticipated the development of this program may help people who may otherwise be put on the Public Defender’s waitlist which has more than 700 cases on it (criminal cases where the defendant is not in custody and waiting for the Public Defender’s office to enter an appearance). As of the last report there were 20 criminal nonsupport cases listed on the waitlist. Some defendants on the waitlist have been waiting more than a year for an attorney.

The Fine Collection Center Ending. Effective April 1, 2019, the Boone and Callaway county prosecuting attorneys (PA) will begin receiving Violations Bureau uniform citations (UC) from the Missouri State Highway patrol through the “PA Portal.” Violations Bureau citations written in Boone and Callaway counties after April 1 will no longer be processed by the Fine Collection Center.

Violations Bureau citations received and processed by the prosecuting attorney will be electronically filed by the PA to the court. Defendants must respond to their ticket by the court date shown on the citation by either pleading guilty and paying the fine or by appearing in court on the date specified and pleading not guilty. To plead guilty and pay a fine, a defendant can:

1. Use the Plead and Pay feature on Case.net. The Plead and Pay icon will only display if the case is eligible for a non-court appearance.
2. Mail the signed Plea of Guilty, Appearance and Waiver that appears with the citation and return it along with money order or cashier’s check (in U.S. dollars) for the full amount due payable to the court listed on the citation.
3. Pay at the court listed on the citation.

To plead not guilty, the defendant must appear on the court date and time provided on the citation.

Mid-Missouri Legal Services increased its reimbursement rate for Judicare (reduced-fee) attorneys to $70 hourly effective January 1, 2019. The 2019 Judicare Fee Schedule is available here which reflects the maximum amounts for the types of cases assigned to Judicare attorneys. The maximum fee may be exceeded, up to 50% of the standard maximum amount, by obtaining a Waiver from MMLS. A Judicare Application for attorneys who currently do not participate in the Judicare program is available here, the MMLS Pro Bono Application for attorneys who would like to provide pro bono services to low-income people is available here.

Scott Wilson of The Hines and Wilson Law Firm recently became a Fellow of The College of Workers’ Compensation Lawyers (CWCL). Wilson is one of only twenty of the college’s fellows in Missouri. , in becoming a fellow, Wilson proved that he stands out as a model of professionalism in deportment and advocacy. He earned the respect of the bench, opposing counsel and the community; actively participates in the state, local and national bar. He demonstrates an active interest in resolving issues; displays civility in adversarial relationships, and has a thirst for knowledge in all areas of law that affects his representation of clients in workers’ compensation.

The Probate Division has a new Probate Confidential Filing Information Sheet. For probate matters, please replace the old form with the one found here: https://boonecountybar.org/wp-content/uploads/2019/04/Confidential-Filing-Information-Sheet-Probate.pdf. It will also be updated to the 13^th Circuit Judicial website shortly.

The BCBA recognized four members with awards at this year’s annual Jim Butcher Memorial Picnic and Election of Officers on September 22, 2016. The awards were:

Distinguished Professional Award– to a BCBA member in practice 15 or more years who exemplifies the highest legal and ethical standards to which all legal professionals should strive.

The Distinguished Professional Award was presented to two members: Hamp Ford, of Ford, Parshall & Baker, and Herbert C. Willbrand of Brown Willbrand, P.C.

Outstanding Service Award– to a BCBA member who has made significant contributions to the benefit of the legal profession, the justice system, and/or our community.

The Outstanding Service Award was presented to two members: Rusty Antel of Walther, Antel & Stamper, and Glen R. Ehrhardt of Rogers, Ehrhardt & Weber, LLC.

Circuit Judge Christine Carpenter announced her retirement date will be August 31, 2017, her last working day. She was first sworn in as a judicial officer on September 1, 1999. Judge Carpenter’s statutorily mandated retirement date is October 19, 2017. She plans to continue to be available to serve as a senior judge.

Judge Carpenter first was appointed to the bench by the 13th Circuit Court en Banc as a Drug Court Commissioner. At that time, the new Drug Court program had about 20 participants. Under her leadership, the 13th Circuit developed an additional Drug Court in Callaway County as well as DWI Courts in both Boone and Callaway counties. Boone County started a Mental Health Court in 2003, and a Veterans Treatment Court in 2013. More than 1,400 participants have successfully completed those programs.

In 2001, Judge Carpenter was appointed to a newly created associate circuit judge position, Division IX, by Governor Bob Holden. She was re-elected to that position three times. In 2010, Governor Jay Nixon appointed Judge Carpenter to fill the vacancy as circuit judge, Division I, after the retirement of Judge Gene Hamilton. She was subsequently elected to that position. Judge Carpenter served as the Presiding Judge of the 13th Circuit from January 30, 2015 to January 31, 2017.

Throughout her tenure on the bench, Judge Carpenter has been a leader in both Missouri and the U.S. in the field of recovery courts. She presided over the various treatment courts as well as maintaining an active trial docket in both civil and criminal cases. She served on the Board of Missouri Association of Treatment Court Professionals and has been a member of the Missouri Supreme Court Committee on Alternative Treatment Courts since it was created in 2007. Judge Carpenter is a faculty member of the National Drug Court Institute and the National Judicial College. The Boone County Drug Court was selected as a National Mentor Court for three years under her supervision.

Judge Carpenter is married to Attorney Joe Bindbeutel and they have four sons. She was formerly in private practice in both Boone and St. Louis counties and worked in the Boone County Prosecuting Attorney’s Office and the Jefferson County Public Defender’s Office. She is a 1980 graduate of the University of Missouri School of Law and has B.A. in art history and archaeology from the University of Missouri-Columbia.

    The Honorable Frank Conley passed away, after a brief illness, on April 11, 2017. He was 84 years-old. Judge Conley began his career in 1962, as an assistant prosecuting attorney in Boone County. He won all 60 Boone County precincts to become a 13^th Circuit Judge in 1970, when a second judicial seat was created. In 1979, he was elected presiding judge, and held that position until his retirement in 2002.

Judge Conley is survived by his wife, Carla, and their three children, Brian, Allison, and Ann.

On July 19, 2016, Milt Harper passed away at the age of 72. The full obituary can be found here. Excerpts from his obituary follow:

Milt grew up in Hannibal, and graduated from the University of Missouri Law School in 1970. He was a former prosecuting attorney and Associate Circuit Judge in Boone County, and was the founder of the law firm Harper, Evans, Wade & Netemeyer.

Milt was respected as a vigorous trial lawyer who was attentive to his clients. Milt was a member of numerous professional associations including the Boone County Bar Association, The Missouri Bar, Missouri Association of Trial Attorneys, Missouri Association of Criminal Defense Lawyers, University of Missouri Jefferson Club, Missouri Association of Prosecutors and the Columbia Chamber of Commerce. Milt served proudly in the U.S. Army and later in the Army Reserve.

In 1978, Milt married Deanna Ward, who survives him, along with two children, Joseph Harper and Sara Harper, and one grandson, Benjamin Milton Harper. A Celebration of Life for Milt Harper will be held at The Orchard, 2200 Palmyra Rd., Hannibal, MO 63401,  on Sunday, September 18, from 2 to 5 p.m.

On March 8, 2016, Robert C. (Bob) Smith passed away at the age of 92. Upon his death, the Robert C. Smith Trust left a $750.00 donation to the BCBA earmarked for a Membership Celebration.

Excerpts from his obituary follow. The full obituary can be found at here.

A lifelong resident of Columbia, Bob served as the city’s mayor from 1961 to 1963. Over the years, as the city grew and changed, he took great pleasure in remaining actively involved in the political, cultural, business, and educational life of the community.

Born in 1923, Bob earned his bachelor of arts and juris doctorate from the University of Missouri. His early career as a lawyer was bracketed by military service. He served as an artillery observation pilot during World War II, and again during the Korean War, when he received the Air Medal with three oak leaf clusters for his combat service.

In 1945, Bob married Jean Isabel Durant of Columbia. After the Korean War, he returned home to raise a family, build his law practice and pursue political aspirations. In 1953, he was elected Representative from Boone County in the state legislature, serving as speaker pro tem in his second term. Bob attempted a run for United States Congress in 1958. After a narrow defeat, he shifted his focus to local politics and community service. In 1959, he co-founded the law firm of Smith & Lewis.

During the years that followed, Bob continued to make myriad contributions on local, county and state levels. He served as chairman of the Boone County Democratic Committee, member of the Missouri State Bar Association Disciplinary Committee, member of the Board of Curators for Stephens College, president of the State Historical Society, director of Callaway Bank, president of the Missouri Symphony Society, chairman of the Missouri State Gaming Commission and honorary lifetime deacon of the First Baptist Church.

Bob helped create the Stafford Family Charitable Trust to support charitable work in Boone County, and he sat on its selection committee from the trust’s inception until his death. Over the years, he received numerous awards for public service, including the Howard B. Lang Jr. Award for lifetime service to the Columbia community.