In re: Retirement of the Honorable James F. Lane

In re: Retirement of the Honorable James F. Lane
1999 OK CR 11
70 OBJ 884
Case Number: CCAD 99-3
Decided: 03/15/1999
IN RE: RETIREMENT OF THE HONORABLE JAMES F. LANE
Oklahoma Court of Criminal Appeals

PROCEEDINGS

¶1 On December 16, 1998, the Oklahoma Court of Criminal Appeals, with the Honorable Charles S. Chapel, Presiding Judge, acting as Master of Ceremonies, honored the Honorable James F. Lane with a Retirement Ceremony. Judge Chapel acknowledged the distinguished members of the Judiciary, Legislature, and Executive and the many lawyers who came to honor Judge Lane. Judge Chapel recognized Judge Lane who introduced his family.

¶2 JUDGE LANE: First of all I want to recognize somebody that's put up with me for almost ... [f]orty-five years, and thirty-five years suffering through my job as being a member of the Judiciary. She's the mother of my four sons, and that's my wife, Josephine, who is up here. My lawyer/son is sitting next to her, that's Jeff, who practices law in Dallas. Our other sons, because of work commitments, were not able to make it today. ... I have been blessed with having some great in-laws, and three of them are here today. First the mother-in-law who, believe it or not, we get along with very, very well, and that's Perry Lee Rennels sitting next to Jeff. And then, an aunt and uncle who don't really like to be known as our aunt and uncle because they're younger than we are, and that is Doug and Bess Bursey, who are, as we call them, "Auntie B" and "Big D". They're here also and I'm glad they are.

¶3 JUDGE CHAPEL: Thank you very much, Jim, and we welcome you. In the next few minutes, you're going to hear a lot about our colleague, but before I call on others let me tell you about Jim. He was born in Chattanooga, Tennessee. He graduated from high school at Bristow, Oklahoma, and received a bachelors degree from OBU in 1952 and an LLB degree from OU in 1954. He served his country in the United States Army from 1954 to 1956. After saving our country from the evils of communism, he moved to Beaver, America, where he served as County Attorney from 1957 to 1960. In 1960, he got religion. He got out of the persecution business and went into the private practice of law, where he stayed until 1964. In 1964, he began his service as a County Judge, and then as Associate District Judge until 1989, when he was appointed to the Court of Criminal Appeals. Since his appointment in 1989, he served one two-year term as Presiding Judge of our Court. Jim is married to Jo and they have four children.

¶4 Now, let me say to you what I would say about Jim. He is a man of honor, character and ability. I am proud to have served with him, and I know of no one who does not have high regard for him. We will miss him greatly. Now, I'm going to recognize each member of our Court for a brief comment.

¶5 JUDGE STRUBHAR: In 1984, I first met Judge Lane. I had first been appointed to the bench in September, and then, in November, I was assigned to go to a conference in Western Oklahoma. At that conference we were discussing some conflicts in the law that dealt with delinquency and our group was to resolve what we perceived to be a conflict. [T]he group started off, as they should, as every group should, and then veered off on a tangent ... and then all of a sudden a voice from the side of the room spoke up in a very slow, meticulous Northwestern Oklahoma drawl ... and ... I met Judge Lane. A very well-reasoned, logical explanation was given to the group. We accepted that and moved on with our tasks. From that time forward, I've always had the greatest of respect for Judge Lane. Now, on a much lighter note, remembering that I don't know why the Chamber of Commerce of Beaver is not here, I don't know how this Court will ever be able to exist without our weekly stories as to the colorful people and places of Beaver, Oklahoma. And lastly, as some of you know, I'm going to be inheriting his office, and I can only hope, Judge Lane, that your abilities, or just some of your abilities, I will be able to inherit through osmosis or some other process. We will miss you, Judge Lane.

¶6 JUDGE LUMPKIN: Well, Judge Lane, first let me say, thank you. It's not often that those of us who are on the bench and those collectively here in this courtroom get to honor someone for thirty-four years of public service. Let me say, Jeff, and Jo, thank you for sharing him with us, with the people of the State of Oklahoma. You of all people know the sacrifices that come from public service. And Jim, we do appreciate the fact that you chose that route. We know that you could have chosen other routes, but because you decided to be a steward of the law, you have benefited not only the people of Beaver, but the citizens of the State of Oklahoma, and that, for that we'll be always indebted.

¶7 Jim and I started this job together under the south steps of the capitol. ... Through a lot of effort, and a lot of it was Jim's, we now have this courtroom; we now have these wonderful places to work. And as we've said before, when you drive up, sometimes you wonder how in the world could I be blessed to be able to work in a place like this. ... Thank you.

¶8 JUDGE JOHNSON: Jim, I just want to say that I'm going to miss you on a very, very personal basis. I'm going to miss conferences, when you, quite frankly, would level the playing field; when your insight would keep us maybe from saying some things to one another that we shouldn't say. I'm going to miss our conversations about music, and it's about old music, you know; big bands and those things. Jim and I both have a fondness, he's got a radio background and so he loves good music, and I'll miss that. I'm going to really miss the stories about the Army and those wonderful stories about Beaver, Oklahoma. And I can understand why you wanted to come down here, and I can understand why you're not going back to Beaver. Most of all, though, I'm just going to miss you. Time does go on, but your name will always be here and shine in my heart. I have enjoyed the years that we've had together.

¶9 JUDGE CHAPEL: Thank you. We are going to have now a brief presentation from Gail Wettstein, who is a member of Judge Lane's staff.

¶10 MS. WETTSTEIN: You would think that, after ten years of working for Judge Lane, I would have enough material to fill the three minutes allotted me. My problem was that I don't have a single Judge Lane story that will fit into three minutes. So I went to the staff for help, ... [and one co-worker] said, "Judge Lane sees the big picture. He knows what the probing questions are; he knows how to ask them; he knows how to get the answers that he wants; and he knows how to make you want to work with him to get a good solution." ... Judge Lane, God's speed and good luck.

¶11 JUDGE CHAPEL: Judge Lane, we have three citations to present to you. The first one is a Citation of Appreciation and Commendation [from our Court].

During the period of January 9, 1989, to December 31, 1998, you have served the citizens of the State of Oklahoma with distinction. Beginning your service on the Oklahoma Court of the Criminal Appeals, you brought to this Court a distinguished career as a trial judge in the State of Oklahoma, commencing as a County Judge, Beaver, Oklahoma, from 1964 to 1969, and, subsequently, upon reorganization of the State Judicial System as Associate District Judge, Beaver County, from 1969 to 1989.

Your unselfish efforts during your tenure on the Court of Criminal Appeals have provided an outstanding example to all of those with whom you have served. Your term of service as Presiding Judge of the Court was during a tumultuous time in which the Court in its ability to provide timely disposition of appeals pending before it, was challenged in the Federal Court System. Your industry and dedication contributed directly to the Court's ability to alleviate the existing backlog and create a system of efficiency and organization which have made the Oklahoma Court of Criminal Appeals one of the most efficient courts of last resort in the United States today.

In addition, you have sought to lead and encourage your staff and other members of the Court to expand their knowledge in a perspective of the law and its application. This desire to teach and train has produced a lineage of very proficient, dedicated public servants. You have performed your duties in an outstanding manner and have responded to the challenges of your office with a spirit of devotion and service to the citizens of the State of Oklahoma. Your steadfast dedication and service of thirty-four years to the Courts and citizens of the State of Oklahoma are greatly appreciated."

We also have with us this afternoon the Honorable Richard Kirby, who serves in the Office of Counsel to the Governor of the State of Oklahoma.

¶12 MR. KIRBY: On behalf of the Governor:

WHEREAS the Honorable James F. Lane was born in Chattanooga, Tennessee, received his Bachelor of Arts Degree from Oklahoma Baptist University in 1952, and his LLB from the University of Oklahoma in 1954,

AND WHEREAS Judge Lane served his country in the United States Army from 1954 to 1956, and was honorably discharged from the service of his country,

AND WHEREAS Judge Lane served as County Attorney in Beaver County, and was a partner in the firm of Lane & Sharp from 1960 to 1964,

AND WHEREAS Judge Lane served as County Judge, Beaver County, 1964 to 1969, and subsequently, upon court reorganization, as Associate District Judge, Beaver County, from 1969 to 1989, with distinction until his appointment as an appellate judge,

AND WHEREAS Judge Lane has served with further distinction on the Oklahoma Court of Criminal Appeals since January 9th, 1989, during a period which has seen the Court revitalized, implement innovative procedures to alleviate the existing backlog of cases and become one of the most current courts of last resort of the United States today,

THEREFORE, I, Frank Keating, Governor of the State of Oklahoma, do hereby proclaim Wednesday, December 16, 1998, as Judge James F. Lane Day in the State of Oklahoma, and do hereby express appreciation of all Oklahomans for his thirty-four years of outstanding service to the Judiciary of the State of Oklahoma."

¶13 JUDGE CHAPEL: We also have with us the Honorable Charles Ford, Senator from Tulsa, who will make a presentation from the Oklahoma State Senate.

¶14 SENATOR FORD: On behalf of the Oklahoma State Senate: Citation of Appreciation to Judge James F. Lane, Oklahoma City, Oklahoma.

WHEREAS the society depends upon dedicated individuals to administer and uphold a fair and impartial system of justice, protecting the liberties that we hold dear,

AND WHEREAS Judge James F. Lane devoted his life and his noble pursuit, serving first as a state prosecutor, County Judge and Associate District Judge in Beaver County, and then as Justice of the Oklahoma State Court of Criminal Appeals,

AND WHEREAS throughout his career of public service, Judge James F. Lane compiled an impeccable record of judicial excellence, earning the reputation as a conscientious, deliberative legal scholar, and winning the praise and appreciation of both his peers and the people of the State of Oklahoma,

AND WHEREAS after five decades of dedicated service to the State of Oklahoma, Judge James F. Lane is stepping down from the bench, leaving behind a viable legacy as one of the true giants of the Oklahoma Judiciary,

AND WHEREAS this is a most important occasion for the State of Oklahoma to express appreciation to Judge James F. Lane, and to offer best wishes for most happiness in his retirement years,

NOW THEREFORE pursuant to the motion of Senator Charles Ford and Senator Stratton Taylor, the Senate for the Great State of Oklahoma extends to Judge James F. Lane sincere congratulations, and directs this citation to be presented." Signed Senator Charles Ford and Senator Stratton Taylor, President Pro Tempore of the Senate.

¶15 JUDGE CHAPEL: Thank you, Senator Ford. I want to offer Judge Lane's son, Jeff, a moment to make a comment.

¶16 MR. LANE: [O]ne of the things that I learned very early on was my father's respect for the law; the way he loved the reason of the law; but more important, the way he recognized that the law has a reason. [H]e always told me he was a strict constructionist, as if that really mattered to me. I always knew that he saw the rules and the reasoning and the arguments not as a nice, intellectual game for the way society ought to work, but rather that there were reasons that these laws had to exist, and if the laws exist without a reason behind them, they just weren't good laws. And so you always had to find not just how the law is to be applied but why the law is to be applied. I'm very proud to know the ways that he wrestled with the backlog that the Court was in when he and Judge Lumpkin took the bench. ... [I]t was gratifying to see the work of this entire Court, and how gratifying it was to him, not because he wanted to be recognized as a member of the Court that didn't have a big backlog, but because he knew how fundamentally unfair that was to the accused and to the victims of crimes whose questions were never being resolved. I'm very honored to be able to be here; I'm very honored to have an opportunity to speak, but most importantly, I think that we would all be honored to remember how law was practiced in Beaver, Oklahoma. Thank you.

¶17 JUDGE CHAPEL: Thank you very much. Jim, you have the last say.

¶18 JUDGE LANE: Good. Jeff, you're still in the will. You know, I'll tell you that Judge Chapel said, "Now, when you get ready to come in here this afternoon," he says, "I want you to believe everything you hear in that courtroom today." My comment is, "Why should I start doing it now?" ... People have asked me a couple of things. One of the things: What is this Court going to be like without me. Well, number one, it's going to be quieter. ... What am I going to miss after I leave here? I don't know that I'm going to miss the work that much, because when it boils down to it, when you're working Criminal Appeals' cases, nothing but rape, murder, all other kinds of heinous and atrocious acts, it can be very depressing. But what I am going to miss is the people I work with. The judges, yeah, a little bit; my staff, a whole lot. I see some of my former staff here; both staff attorneys and my interns, and I'm going to miss the day-to-day contact I have with these people. They have been what's made the job worth while.

¶19 I'm going to miss the day-to-day contact with the rest of the Court staff, Central Division and staff of other judges. They have made the job fun. I'm also going to miss the periodic contact with the attorneys who practice before us. Now, some of them will be glad that that old so-and-so is not up there working me over, making me sweat, asking me questions I don't want to answer, and being sarcastic about it, too, but I'm going miss that and I hope they do. As to what I think I've accomplished on this Court, very little. By myself, I have accomplished nothing. But I once told people that when you're finished with the job and you walk away from it, if you've got pride in what you did, you've done a good job. What I did, I've got pride. When I say I did nothing, individually I did not. As a Court, we did a lot. The Criminal Justice System was five years behind on the appeals in the State of Oklahoma in 1989. Today we are current. We are probably the most current Appellate Court in the entire United States, or one of them. I'm proud that I was a part of that. We started a radical procedure with the accelerated docket. We're the only court in the United States that has an accelerated docket. Others cannot understand it. We have preached it to other states and they don't know what we're talking about. There's Bob Ravitz out here. We've given him credit for being a part of that; he came up with the concept. But I'm proud of the fact that I had a hand in developing the procedure that came from that. I'm proud of the fact that we started the summary judgments or summary opinions while I was here in order to expedite. But the main thing I'm proud of is, I think that the Court, as a whole -- and that's all of us; the judges, and the staff, and the attorneys who practice before us -- the Court, as a whole, has accomplished something that nobody will have believed that could have been done in ten years and I'm very proud of that. And thank you all for coming.

DATED

/s/ Charles S. Chapel

/s/ Reta M. Strubhar

/s/ Gary L. Lumpkin

/s/ Charles A. Johnson

ATTEST:

/s/ James Patterson