D. Brian Murphy, President |
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January 2022
Volume XLVI, Issue 1
In This Issue...
Ann's Article...........................Page 2
Young Lawyers......................Page 6
VZC Bar.................................Page 6
Significant Decisions.............Page 7
SAVLP...................................Page 8
In the News...........................Page 10
Mobile Bar Foundation..........Page 12
Birthdays...............................Page 15
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2022 OFFICERS
President - D. Brian Murphy
President Elect - Forrest S. Latta
Vice President - Raymond Bell
Secretary - Catherine S. Kirkland
Treasurer - Suntrease Williams-Maynard
Asst. Treasurer - Mary Margaret K. Bailey
Executive Director - Ann F. Sirmon
Editor - Tiffany Ray
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If you ask any Past President of the Mobile Bar Association—and I have asked many—to identify the most challenging part of being President, they will almost all tell you it is writing a monthly article for the bar bulletin. There is one notable exception to this, however, and that is our immediate Past President, Charlie Potts. Charlie did a phenomenal job each month writing articles that were entertaining, informative and inspirational. When I endeavored to write this first article, I first stared at the computer screen for several minutes, then got sidetracked checking the news and the latest on Auburn sports. After failing to find a source of inspiration from the news or an Auburn message board, I threw in the towel and Googled “bar association president article.” I quickly realized that I was not alone in my struggles. There were dozens of articles about bar presidents having a difficult time writing articles. Knowing that I was not alone afforded me solace. So, I just sat down and started typing what was on my mind.
Let me begin by telling you all what an honor it is to serve as the Mobile Bar Association President. We are members of a 153-year-old organization that is widely thought of as one of the nation’s premier bar associations. This sentiment has been conveyed to me directly by other lawyers who do not live here and are not from Mobile. As the new President of this most reputable organization, I promise that I will work hard every day to make you proud to be a member of the Mobile Bar Association.
I grew up in Phenix City and attended Auburn University, then Cumberland School of Law. I’m married to Laurie (Lightcap) and have two kids, Henry (6) and Celie (4). We also have a puppy that was recently delivered by Santa! I moved to Mobile right out of law school and began working for the Alford, Clausen & McDonald firm, primarily representing nursing homes in malpractice suits. In late 2011/early 2012, Kasie Braswell and I started Braswell Murphy, LLC. I have enjoyed (almost) every day of our ten-year partnership.
I have been blessed to have many great lawyers in my life who have mentored me not just about the law, but about life as well. I initially hesitated to mention any of these lawyers by name in this article out of fear that I would leave someone out. I’m sure that I will, but there are a few I feel compelled to recognize. Each of these lawyers has had a major impact on my life:
The first is the late Bill Benton from Phenix City. Mr. Benton was grandfather to one of my best friends. He served as District Attorney in Russell County and was in private practice for many years. I always looked up to Mr. Benton, and he inspired me to want to become a lawyer. While at Auburn, I completed an internship with Lee County Circuit Judge Jacob Walker. Judge Walker allowed me to continue working for him the summer after graduating from Auburn and before beginning Cumberland. He is a great judge and even better person. In law school, I was able to work for Fred Erben in Birmingham. Fred is a fearless litigator and graciously allowed me to tag along to court hearings and depositions. I’m forever grateful to Fred for this and for all he has done for me over the years. While in law school, I was fortunate to have the late Governor Albert Brewer as a professor and advisor. Gov. Brewer was one of the nicest, most genuine persons I have ever known. He taught all of us, primarily by example, what it really means to be an effective lawyer.
Looking ahead to the new year, I have great hope that we can get through it crisis-free. The pandemic created numerous challenges for our profession and bar association, but thanks to the outstanding leadership of Charlie Potts and Skip Finkbohner our association made it through. The Bar is on solid ground financially and our participation is increasing. Ann Sirmon is a huge part of this success. Ann works tirelessly to keep everything on track and we are fortunate to have her as our Executive Director.
Our Sections and Committees are already hard at work planning events for 2022, which you will hear more about soon. Since last year, we have been working to strengthen our relationship with other local bar associations across the state. This will enable us to offer additional benefits to our members. Ann is currently working on updates to our website, including a referral system and career center that will provide even more services and opportunities. Thanks to Ann and past leaders of the Bar, there are a lot of good and exciting things going on right now. We would love for you to get involved.
In closing, I very much look forward to serving the Mobile Bar Association. I feel blessed to lead an organization with such a rich and successful history, and I hope to earn your respect as its president. It is truly a great honor.
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D. Brian Murphy
Mobile Bar Association, 2022 President
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Happy New Year! As you prepare for 2022, think of these three key words… purpose, planning, and action. It’s important to write down your goals and then make a plan. This gives your planning purpose, which leads to action. These three words have been good motivators for me since I started with the Mobile Bar Association more than three years ago, and I return to them again as I prepare for 2022. As you purposely plan for 2022, I ask that you have the MBA on your list for several action items.
MEMBERSHIP DUES: It’s time to pay your membership dues. Your membership dues for 2022 will be emailed to you this week. Be sure to check your email in-box for the notification.
WEBSITE PROFILE: Make sure your membership information is current on the MBA website. If you have not yet logged in to the website, a website profile has been made for you, as well as a username and password. If you have any questions, please contact us for more information.
FIND A LAWYER: We will continue to offer our web-based lawyer referral program. According to our Google Analytics, it is the highest-trafficked area on our website. On average, the website receives 364 searches per month by individuals looking for a lawyer. Our Find a Lawyer program receives 226 searches per month. In addition, we continue to receive 5+ calls a day/100+ a month from people in the community feeling they need an attorney. If you would like to participate in the Find a Lawyer program or need more information on how the program works, please let me know.
The MBA website and Find a Lawyer program are excellent resources for the community. We are the first stop for someone looking specifically for an attorney practicing in Mobile County or for someone who needs a lawyer and doesn’t have one. Only Mobile Bar members are viewed on the website. Please consider becoming a member or renewing your membership with the Mobile Bar Association to take advantage of this valuable member benefit.
NEW! CAREER CENTER: Beginning in January, we will offer a new Career Center feature on the website. We will no longer keep resumes for paralegals or legal assistance on file nor have a static page on the website for law firms to list job openings for associates. Instead, the new Mobile Bar Association Career Center will be an interactive resource to connect qualified legal professionals with career opportunities. Whether you’re searching for jobs or finding candidates, the Mobile Bar Association Career Center will offer a wealth of resources to help you achieve your career goals. The new Career Center will launch January 5. Be sure to check your email in-box for more information on this new feature.
We are ready for 2022 and look forward to seeing you. As always, thank you for your support of the Mobile Bar Association. Our success depends on our members’ time, talent, and resources. Without you, we cannot achieve the MBA mission of elevating the legal profession to the highest possible standard, providing quality professional development, and cultivating networking opportunities to encourage a spirit of goodwill among members.
We are always interested in hearing your thoughts and ideas about how to improve the Mobile Bar Association and our activities. Please feel free to contact me any time by phone at 251.433.9790 or by email at asirmon@mobilebarassociation.com.
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Congratulations to the MBA’s own Executive Director, Ann Sirmon, who was honored recently by the Junior League of Mobile as its 2020 Sustainer of the Year! Ann is featured on the cover of the Fall 2021 edition of the League’s Folio magazine. In addition to her invaluable work on behalf of the MBA, Ann is a longtime dedicated member of the Junior League of Mobile and served as its president for 2009-2010. |
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HIGHLIGHTS FROM THE DECEMBER HOLIDAY LUNCHEON |
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Pictured here is MBA 2021 President Charlie Potts receiving a plaque of appreciation from MBA 2022 President Brian Murphy. |
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Pictured here are MBA Past Presidents - Front Row, Left to Right: Judge Henry Callaway, Jim Yance, Sam Stockman, Donald Briskman, and Kathy Miller. Back Row, Left to Right: Wes Pipes, Greg Carwie, Cooper Thurber, Charlie Potts, and Mark Newell. |
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Pictured here is MBA 2021 President Charlie Potts passing the gavel to MBA 2022 President Brian Murphy. |
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It’s time to renew your 2022 membership dues with the MBA. They are due no later than Thursday, March 31, 2022.
Like last year, your dues statement will be emailed to you. From the email, you can print the invoice and pay by check OR you can pay by credit card online. You do not have to log in to your profile on the website to pay online.
Whether you are a new or renewing member, THANK YOU for your support and your commitment to elevating the legal profession to the highest possible standard. If you have any questions, please do not hesitate to give us a call at 251.433.9790.
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By Johana B. Gerheim, President |
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The MBA Young Lawyers would like to thank all of our sponsors and those who participated in 2021’s YL Charity Trivia Tournament in early December. A special thanks goes out to Andy Citrin Injury Attorneys, which stepped up to be the primary event sponsor. Thanks to your support, we were able to raise more than $4,000 for The Fuse Project. This event and others throughout the year could not have been as successful as they were without the support and participation of the local Bar, and we can’t thank you enough.
Looking forward to 2022, we have begun scheduling our monthly meetings and events throughout the year. We will have information regarding our first meeting of the year once the details are finalized, but the plan is to return to monthly meetings beginning in January. If you are interested in sponsoring a monthly meeting or would like to coordinate any other event with Young Lawyers, please reach out to our President, Johana Gerheim (johanabucci@mobileda.org), to inquire about available dates and options.
Also, we have finalized the date of next year’s YL Golf Tournament. It will be held May 6th at Lakewood Golf Club in Point Clear, so go ahead and mark your calendars. As with our monthly meetings, we will have more details regarding the tournament and the events leading up to it in the coming weeks. In the interim, if you’d like to secure a sponsorship or team entry, please reach out to our Golf Tournament Chairman, Robert Alexander (ralexander@hglawpc.com), or our Vice President, John Leech (john@warhurstlaw.com).
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Earlier this year, the Young Lawyers Section received the Champion of Youth Award from The Boys and Girls Club of South Alabama for its unwavering support of the young people in The Boys and Girls Club. Pictured from left to right: John Leech, Johana Bucci Gerheim, Catherine Spann, and Jeff Johnston. |
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Congratulations to the 2021 Young Lawyers Trivia Competition winners from the Mobile County DA’s Office. All proceeds from this event were donated to The Fuse Project, a local nonprofit dedicated to supporting the health, fitness, education, and social responsibility of children along Alabama’s Gulf Coast. Pictured from left to right: Louis Walker, Clay Rossi, Coy Morgan, Michaelyn Gober, Doug Wilson, and Lars Granade. |
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The Young Lawyers Section was also able to donate more than $14,000 to the Anna Kate Wilkerson Spirit Award scholarship fund in honor of Young Lawyers member Kevin Wilkerson’s daughter. Pictured from left to right: Johana Bucci Gerheim, John Leech, Blake Richardson, Doug Barber, Kevin Wilkerson, Fisher Wilkerson, and Kimberly Wilkerson. |
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VERNON Z. CRAWFORD BAY AREA BAR ASSOCIATION |
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By Lawanda O'Bannon, Immediate Past President |
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Vernon Z. Crawford Bay Area Bar Association announces its 2022 Board members. They are:
President - Freddie D. Stokes
President Elect - Gregory Ramos
Vice President - Gina Vann
Treasurer - Ann Brown
Financial Secretary - Katriesa A. Crummie
Recording Secretary - Maxine Walters
Immediate Past President - LaWanda J. O’Bannon
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In Ex parte Endo Health Solutions Inc., No. 1200470 (Ala. Nov. 19, 2021), the Supreme Court held that a trial court had abused its discretion in entering a case-management order that bifurcated a public-nuisance claim into separate trials on liability and special damages. Reversing the Conecuh County Circuit Court, the Supreme Court held that, for an individual plaintiff to hold a defendant liable in a public-nuisance case, the plaintiff must show the existence of special damages, which requires the individual plaintiffs to identify and quantify all the damage caused by the defendants and incurred by the plaintiffs, and to establish that such damage is different in kind and degree than the damage experienced by the general public. It was therefore an abuse of discretion to bifurcate the public-nuisance claim, as separate trials for liability and special damages neither avoided prejudice nor furthered convenience, expedition, or economy.
In a case of first impression, the Supreme Court held in Porter through Porter v. Porter, Nos. 1200682 and 1200683 (Ala. Dec. 10, 2021), that a decedent was legally married to his new wife at the time of his death, even when his death occurred before the requisite marriage documents were submitted for recording. Affirming the decision of the Probate Court of Baldwin County, the Supreme Court held that, as the decedent and his new wife had followed the procedure provided in Ala. Code § 22-9A-17(a), including timely filing the executed marriage documents, it was immaterial that the decedent had died after signing the documents, and the new wife had priority to serve as the administratrix of his estate.
In Gleason v. Halsey, No. 1200678 (Ala. Dec. 3, 2021), the Supreme Court held that a trial court exceeded its discretion by certifying as final an order granting summary judgment pursuant to Rule 54(b), Ala. R. Civ. P. Despite the fact that the issue was not raised by any party on appeal, the Supreme Court, reviewing the certification ex mero motu, held that the issues presented in a purchaser's fraud and misrepresentation lawsuit against a vendor were so closely intertwined with the purchaser’s negligence claims against a home inspector that separate adjudications would pose an unreasonable risk of inconsistent results. Thus, the Supreme Court determined that the trial court exceeded its discretion in certifying an order granting the vendor's motion for summary judgment as final.
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The following lawyers were admitted to the Mobile Bar Association on Friday, December 10, 2021.
ACTIVE MEMBERSHIP
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Chase Bahr, graduated from Cumberland School of Law in 2021, admitted to the Alabama State Bar in 2021, and is employed with Luther Collier Hodges & Cash.
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Charles C. Matranga, graduated from the University of Mississippi School of Law in 2021, admitted to the Alabama State Bar in 2021, and is employed with Hand Arendall Harrison Sale LLC.
ASSOCIATE MEMBERSHIP
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Kacey Chappelear, graduated from Ohio State University in 2007, licensed to practice law in Ohio in 2007, and is employed with the U.S. Attorney’s Office.
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Anna Eden, graduated from Cumberland School of Law in 2021, is waiting to take the Alabama State Bar exam in February 2022, and is employed with the 13th Judicial Circuit Court of Alabama.
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Daya Naef, graduated from Loyola School of Law in 1999, licensed to practice law in Louisiana and Michigan in 1999, and is a solo practitioner.
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DIED: On November 27, 2021, retired MBA Member J. Gordon House, Jr., died. A native Mobilian, Mr. House graduated from UMS in 1953 and the University of Alabama in 1957. He attended both the University of Alabama School of Law and Jones School of Law, graduating in 1960. Mr. House practiced law in Mobile for 61 years. He was one of the most well-respected probate attorneys in town and served Mobile County Probate Court as a special judge. Mr. House was an active member of the Mobile Bar Association, the Alabama State Bar, and St. Paul’s Episcopal Church. He loved Mardi Gras, painting, and Alabama football. Mr. House was predeceased by his wife and is survived by his son, granddaughter, and special companion.
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BORN: MBA Member Christine Burns-Brown and husband Jerry Brown were blessed with baby boy Jovi Ellis Brown on November 19, 2021. He is very handsome. Welcome, Jovi!
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BORN: On November 10, 2021, MBA Member Tiffany Smith and husband Daniel welcomed Madeline Marie Smith. Madeline debuted at a healthy 9 lbs., 11 oz., and 21 inches. She is beautiful, much loved, and joins big sister Charlotte.
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Armbrecht Jackson LLP has been recognized in the 2022 edition of “Best Law Firms” by U.S. News & World Reports and Best Lawyers.
The Hanley Law Firm is pleased to announce that attorney Zachary Weaver has joined the firm. Zach will take the lead on the firm’s civil and domestic relations practice.
Reasonable rent for two office spaces available at 155 S. Warren Street. You can rent one or both spaces. Sharing of secretary, secretary expenses and office expenses. Please contact David Zimmerman at 251-434-0012.
DOWNTOWN OFFICE SPACE: 209 N. JOACHIM STREET IN HISTORIC DETONTI SQUARE. Available: One large office upstairs, one large office downstairs, and one small office downstairs, including secretarial space. Within walking distance of federal courts. Amenities: receptionist, VOIP telephone, internet, WIFI, email, fax machine, large color copier/scanner, onsite parking, lobby, conference room and kitchen. Contact CLAIRE DIXON claire@evanscrowe.com or EVANS CROWE crowe@evanscrowe.com at 251-431-6011.
Law office space for rent. Midtown: Furnished office available, 1-2 offices, conference room, internet, phone system optional, secretarial desk and spaces, storage and parking. Send email to gmfpc1@gmail.com for details.
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SUPPORT THE FOUNDATION THROUGH AMAZONSMILE |
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Shop at smile.amazon.com and Amazon will donate 0.5% of eligible purchases to the Mobile Bar Foundation with no fees or extra cost to you. Click here to learn more about AmazonSmile.
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THE FOLLOWING DONATIONS HAVE BEEN MADE TO THE
MOBILE BAR FOUNDATION:
In memory of: James Gordon House, Jr.
By: Robert S. (Bobby) Frost, Darlene Frost, and Juli Frost Chambliss
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In memory of: James Gordon House, Jr.
By: Ben H. Harris, Jr.
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In memory of: Henry Macon, the husband of Celia Collins
By: Ben H. Harris, Jr.
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MOBILE BAR FOUNDATION GRANT ALLOCATIONS |
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Pictured Front Row, Left to Right: Gaby Reeves - SAVLP, Angel Steadman and Vanessa Thompson - Salvation Army, Donna Ames - Adoption Rocks, Shirley McKinney - Assistance League of Mobile, Ann Brown - Legal Services, and Jeri Stroade - Dwell Mobile. Back Row, Left to Right: Andy Wynne - Child Advocacy Center, Bryan Comer - Mobile Bar Foundation, Michelle Wise - Assistance League of Mobile, Lynn Hudson - Via Center, and Rachele Reis - Legal Services. |
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On Friday, December 10, 2021, the Mobile Bar Foundation’s President, Bryan Comer, presented $60,000 in grants during the Mobile Bar Association’s Annual Holiday Luncheon. Agencies that were awarded grants include: Adoption Rocks, Assistance League of Mobile, Child Advocacy Center, Dwell Mobile, Legal Services Alabama, Salvation Army, South Alabama Volunteer Lawyers, and Via Center for management of the Volunteer Guardian Program.
The Mobile Bar Foundation President Bryan Comer stated, “Since 2016, the Mobile Bar Foundation has been able to award over $380,000 in grants to local agencies. Thanks to all my colleagues at the Mobile Bar Association and Foundation who enable this to happen each year. Also, thank you to our grant recipients for the work they are doing in the community.”
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MOBILE BAR FOUNDATION DONATION FORM |
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PLEASE CONSIDER MAKING A TAX DEDUCTIBLE DONATION TO THE
MOBILE BAR FOUNDATION
Name: ____________________________________________________________________________________
Address: __________________________________________________________________________________
Phone: _______________________________________ E-Mail: _____________________________________
YES, I want to make a donation to the Mobile Bar Foundation -
In honor/memory of: ______________________________________________________________________
Acknowledgement sent to:
Name ____________________________________________________________________________________
Address: __________________________________________________________________________________
YES, I want to become a member of the Mobile Bar Foundation -
__ Life member ($5000, can be paid in up to 5 annual installments)
__ Sustaining Member ($100 or more annually)
__ Regular Member ($50 - $99 annually)
__ Member of MBA practicing 5 years or less ($25 - $99)
__ I would like more information on including the Foundation in my estate planning
I donate my gift of: $__________
Check: __________ (Please make checks payable to the Mobile Bar Foundation)
*Credit Card: Visa/Mastercard# ____________________________________________________________
Signature: ______________________________________________ Exp: ___________________________
Mail to: Mobile Bar Foundation, P.O. Drawer 2005, Mobile, AL 36652
* All credit card transactions will incur a $2.00 processing fee.
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Thursday, January 6
Budget Meeting
Thursday, January 13
Executive Committee Meeting
Saturday, January 15
February Bulletin Articles Due
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Monday, January 17
Martin Luther King, Jr., Day
MBA Closed
Friday, January 21
MBA Annual Meeting - State of the Bar
Thursday, January 27
Grievance Committee Meeting
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Listed below are members who celebrate a birthday in January. |
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Stephanie K. Alexander
Gordon Gray Armstrong, III
Michael E. Ballard
Vivian Sheffield Beckerle
Keith M. Blackwood
Weathers Preston Bolt
Joseph Jerome Boswell
Brittney Shae Bragg
Britten Britt
Toby D. Brown
Regina F. Cash
Spiro Nicholas Cheriogotis
Robert E. Clute, Jr.
Braxton C. Counts, III
Herman Finhold Cox
Joseph Randall Crane
Duncan Reid Crow
John T. Crowder, Jr.
Charles Erwin Davis
James J. Duffy, III
Erin B. Fleming
Richard William Franklin, Sr.
Nathan P. Friedlander
Richard William Fuquay
J. Marshall Gardner
Timothy David Garner
James Willis Garrett, III
Matt S. Green
Carter Roberts Hale
Christian William Harben
Scott Ragsdale Hawk
Carl Edmond Hill
Joe Carl Jordan
Spencer Harrison Larche
Jonathan Michael Lieb
Jonathan Brian Mabire
Deborah A. Mann
E. Russell March, III
Craig Dennis Martin
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William Kirkland Mattei
E. L. McCafferty, III
Jonathan C. McCardle
M. Vance McCrary
Robert Ball McGinley, Jr.
James P. Meador, Jr.
Brooks Pitman Milling
Wyatt Montgomery
Charles Zackery Moore
Jennifer Stapleton Morgan
William Austin Mulherin, III
Clifford Thomas Nelson, Jr.
James B. Newman
John Robert Parker
Wade B. Perry, Jr.
Lisa E. Peters
Thomas S. Rue
Harry V. Satterwhite, Sr.
Tazwell Taylor Shepard
Franklin Louis Shuford, Jr.
Jack Smalley, III
E. Glenn Smith, Jr.
Renee Marie Smith
Emily Page Steele
Norman M. Stockman
A. Edwin Stuardi, III
Carroll H. Sullivan
Lue Elton Sullivan, Sr.
James W. Tarlton, III
James Robert Turnipseed
Kristy Waldron
Louis Camp Walker
E. Eugene Warhurst, Jr.
Leslie G. Weeks
Thomas Marriott Wood
Ricardo Andrew Woods
Andrew Glenn York
Christopher Steven Youngpeter
George Michael Zoghby
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