KANSAS BAR ASSOCIATION
LEADERSHIP GUIDE & DIRECTORY 2016-17
KANSAS BAR FOUNDATION KANSAS BAR Kansas Bar Association & Kansas Bar Foundation KANSAS BAR FOUNDATION ASSOCIATION Introduction and Overview
The work of the "organized bar" in Kansas is a shared responsibility. The leadership Guide & Directory has been designed to provide you with a comprehensive listing of KBA and KBF leaders, along with information about each institution, its policies, and its programs. This guide also contains specific leadership information for KBA Section officers and Committee leaders.
The Kansas Bar Association was founded in 1882 to represent the lawyers in Kansas and serve the citizens of Kansas. It is a voluntary, individual membership organization with approximately 7,000 members.
The mission of the KBA is to:
• Advance the professionalism and legal skills of lawyers; • Promote the interests of the legal profession; • Provide services to its members; • Advocate positions on law-related issues; • Encourage public understanding of the law, and; • Promote the effective administration of our system of justice.
The goals of the KBA are:
1. To encourage high standards of professional responsibility, integrity, and civility among lawyers. 2. To implement programs, including participation in pro bono service, to insure equal access to the legal system. 3. To enhance the professional competence of lawyers. 4. To advocate legislative positions regarding the fundamental legal rights of the public or which impact the judiciary, the administration of justice, or the legal profession. 5. To be an effective organization for all Kansas lawyers and judges. 6. To enhance the public's perception of lawyers. 7. To foster productive communications between the bench and bar. 8. To work efficiently with local bar associations to achieve shared goals. 9. To aid lawyers in both the efficient and economic delivery of professional services and the management of law offices. 10. To promote full and equal participation in the profession by women and minorities.
Founded in 1957, the Kansas Bar Foundation is the charitable and philanthropic arm of the Bar. The KBF administers the Kansas IOLT A program and also owns the Kansas Low Center, which serves as the KBA headquarters at 1200 S. W. Harrison Street in Topeka, directly across from the Kansas Judicial Center.
The mission of the KBF is to serve the citizens of Kansas and the legal profession by:
• Funding charitable and educational projects which foster the welfare, honor, and integrity of the legal system by improving its accessibility, equality, and uniformity, and; • Enhancing the role of lawyers in our society. ~~')).T'~~ KANSAS BAR ASSOCIATION SIGNIFICANT EVENTS
1882 Kansas Bar Association incorporates.
1883 First annual meeting of the KBA.
1909 KBA recommends Kansas adoption of the ABA Code of Ethics.
191 0 KBA Ethics Committee established to investigate complaints against lawyers and to institute proceedings for code violations.
1932 Journal of the Kansas Bar Association commenced publication.
1951 First executive secretary, John Shuart, hired. First headquarters rented in Garlinghouse Building at 8th & Quincy in Topeka. Headquarters then moved to Columbian Building on West Sixth and to 1334 Topeka Avenue.
1957 Kansas Bar Foundation established to receive tax-deductible contributions for charitable and educational activities.
1964 Record number (858 of 2,019 members) attend KBA Annual Meeting to defeat proposal to unify the Bar.
1974 KBA establishes Statewide lawyer Referral Service.
1978 KBA's first proposed rule for certification of lawyer specialization submitted to Kansas Supreme Court (no action taken).
1981 KBF completes construction of Kansas law Center at 1 200 Harrison and houses KBA Headquarters. Voluntary IOlTA program adopted by Supreme Court.
1982 Administrative law Section established.
1983 Oil, Gas & Mineral law Section established. First computer system installed at Bar headquarters.
1984 Family law Section established. law Office Management Section established. Legislative program expanded to include first full-time lobbyist.
1985 Mandatory ClE requirement of 1 2 hours per year adopted by Court at recommendation of KBA.
1987 KBA Bylaws revised to:
• Rename the Executive Council the Board of Governors • Enlarge number of districts for KBA representation from 1 0 to 1 1 (Wyandotte & Johnson Counties split into separate districts) • Change Board representation from one per district to one per 400 members in district, thereby enlarging Board to 26 members • Define Nominating Committee composition to ensure demographic and geographic representation • Set new procedures for establishment of Sections
Bankruptcy & Insolvency Section established. Employment Low Section replaces labor Law Section. KANSAS BAR ASSOCIATION KANSAS BAR ASSOCIATION SIGNIFICANT EVENTS
Attorneys Liability Protection Society (ALPS), the nation's first multi-state captive lawyers liability insurance company, begins doing business as a result of efforts by the state bar associations of Kansas, Montana, West Virginia and South Dakota.
1990 Health law Section established. KBA sponsors first satellite CLE program.
1991 New membership categories established for inactive and life members.
1992 Supreme Court amends Mandatory CLE rule to require that the 12-hour annual requirement includes 2 hours of ethics. Supreme Court converts IOLTA program to "Opt-Out." Kansas lawyers Service Corporation (KLSC) incorporated as for-profit subsidiary of KBA to provide insurance and employee benefit services. Associate membership category established for legal assistants; institutional membership established for law school faculty. State Tel-law system made operational to supplement lawyer Referral Service.
1993 Solo and Small Firm Section established. lawyers Fund for Client Protection established by Supreme Court at recommendation of KBA.
1994 Alternative Dispute Resolution Section established.
1995 Construction law Section established. law Office Management Section merged with Solo and Small Firm Section. KBA wins appeal of USPS decision to revoke special third class mailing privileges.
1996 Second lobbyist hired on contract basis to expand legislative efforts. CLE Handbook royalties phased out.
1997 Dues levels expanded from four to five step increases. First Economic Survey of Kansas lawyers conducted.
2004 Raising the Bar Campaign commences. First African-American KBA Board Member elected. Journal publishes statewide for all licensed Kansas attorneys in April and October. KBA Website completely revised.
2005 Kansas Supreme Court reinstates Reciprocity at recommendation of KBA • Membership reaches an all-time high with 6,719 members. KBA hosts first-ever live CLE webcast. KBA "Road Show" Unveiled.
2006 KBA helps establish "Kansas for Simple Justice" campaign. Second Economic Survey of Kansas lawyers conducted. Corporate Counsel Section established. KBA launches online legal research benefit "Casemaker" (October 2006).
2007 KBA successfully lobbies against legislation to change Merit Selection of Appellate Court Judges. Construction begins for expansion and renovation of Kansas law Center. law Practice Management and Agricultural law sections established. CLE Bookstore brought back "in-house" from LEXIS/NEXIS. Membership reaches an all-time high as 7,0001h member joins in October 2007.
2008 Kansas law Center has rededication upon conclusion of expansion and renovation project. KANSAS BAR ASSOCIATION KANSAS BAR ASSOCIATION SIGNIFICANT EVENTS
KBA sponsors "Rule of law" Conference. First-ever legislative symposium held at new headquarters. KBA studies Mandatory IOlTA. Board of Governors approves formation of a Political Action Committee (PAC).
2009 Adopts hardship policy assists lawyers in financial need. Board of Governors (BOG) approves Bylaws amendment adding an at-large (diversity) seat on the Board. Task Force on Judicial Involvement & Nominating Process reaffirms that members of the Judiciary and those engaged in other "non-traditional" legal careers are encouraged to seek higher office in the organization including the Office of the President. President creates Commission on Professionalism as well as a Federal-State Court Jurisdiction Committee. For the first time in 17 years, KBA hosts Southern Conference of Bar Presidents (SCBP) Annual Meeting.
2010 BOG approves a new Appellate law Section. KBA and Kansas Bar foundation (KBF) accept responsibility and management oversight for the "Ethics for Good" charitable program that contributes more than $50,000 to worthy charities each year. KBA recruits attorneys to participate in the Employer Support of the Guard and Reserve (ESGR) Ombudsman program and receives the ESGR "Seven Seals Award" for its exemplary efforts. Construction is completed on the west parking lot which is the final phase of the "Raising the Bar" campaign.
2011 Association involved in successful lobbying efforts of federal "Red Flag Clarification Act" legislation exempting lawyers from arduous identity-theft requirements that banks and creditors must follow. Supreme Court announces formation of a Blue Ribbon Commission to review state court operations including a weighted caseload study. KBA Young lawyers Section (YlS) recognized for third straight year by ABA in best newsletter category. Bylaws amended to allow for electronic balloting for KBA Office and District BOG seats. BOG approves formation of new Immigration law Section. KBA President announces "listening outreach tour" to visit local and specialty bars throughout state. KBA rolls out comprehensive social media strategy that includes Section listservs and complete redesign of website along with stronger Facebook and Twitter presence.
2012 KBA launches new website and database with affinity partner, Affiniscape. KBA ClE offers webinars with a wide programming selection. BOG approves a new Indian law Section. Supreme Court releases the Blue Ribbon Commission report. KBA plays a key role during the legislative session regarding SB 83 on Judicial Selection. BOG approves hiring new executive director, Jordan E. Yochim. BOG approves Pillars of Professionalism to replace Hallmarks of Professionalism.
2013 ABA conducts program review of the KBA lawyer Referral Service. Online elections held for the first time. launched new website and database with Your Membership. On demand ClEs offered. Despite KBA efforts and counsel, Kansas changes judicial selection process for the Court of Appeals. Journal published in electronic format, made available for free to all KBA members. YlS implements state wide Judicial Internships. law Office Management Assistance Program launched. "Jeans for Justice" - fundraiser for access to justice in Kansas - launches.
2014 KBA brings the lawyer Referral Service in house. KBA, in cooperation with Kansas legal Services, provides pro bono services to members of the Kansas Sheriff's Association, clinic for first responders, and hosts pro bono summit for firms across the state. KBA/KBF celebrate 301h Anniversary of JOlTA in Kansas in conjunction with other KBA (Kansas Bankers Association). KANSAS BAR ASSOCIATION KANSAS BAR ASSOCIATION SIGNIFICANT EVENTS
KBA, in coalition with other legal and civic groups conducts evaluation of justices and judges in the Kansas appellate courts for public information.
2015 KBA launches Ask-A-lawyer program KBA/KBF provide over 18,000 public education pamphlets to the public directly, through members and through courthouses. KBA undertakes strategic planning effort, comprehensive bylaws review, comprehensive analysis of annual meeting. KANSAS BAR ASSOCIATION
Presidents of the Kansas Bar Association 1883 Albert H. Horton* ...... Atchison 1887 Solon 0. Thatcher* ...... Lawrence 1888 W. A. Johnson* ...... Minneapolis 1889 John Guthrie* ...... Topeka 1890 Robert Crozier* ...... Leavenworth 1891 D. M. Valentine* ...... Topeka 1892 T. G. Garver ...... Salina 1893 James Humphrey* ...... Junction City 1894 J.D. Milliken* ...... McPherson 1895 H. L. Alden* ...... Kansas City 1896 David Martin* ...... Atchison 1897 William Thompson* ...... Burlingame 1898 S. H. Allen* ...... Pleasanton 1899 C. C. Coleman* ...... Clay Center 1900 Sam Kimble* ...... Manhattan 1901 Silas Porter* ...... Kansas City 1902 B. F. Milton* ...... Dodge City 1903 J. G. Slonecker* ...... Topeka 1904 W. R. Smith* ...... Stockton 1905 Charles W. Smith* ...... Stockton 1906 Lucius H. Perkins* ...... Lawrence 1907 William P. Dillard* ...... Fort Scott 1908 J. B. Larimer* ...... Topeko 1909 J. W. Green* ...... Lawrence 1910 C. A. Smart* ...... Ottowa 1911 W. E. Hutchinson ...... Garden City 1912 J.D. McFarland* ...... Topeka 1913 R. A. Burch* ...... Salina 1914 C. E. Lobdell* ...... Larned 1915 C. L. Kagey* ...... Beloit 1916 Charles Blood Smith* ...... Topeko 1917 William Osmond* ...... Great Bend 1918 William E. Higgins* ...... Lawrence 1919 John C. Hog in* ...... Belleville 1920 J.D. Houston* ...... Wichita 1921 Ben S. Gaitskiii* ...... Girard 1922 Chester I. Long* ...... Wichita 1923 W. C. Harris* ...... Emporia 1924 James A. Allen* ...... Chanute 1925 Edwin S. McAnany* ...... Kansas City 1926 Charles L. Hunt* ...... Emporia 1927 Robert Stone* ...... Topeka 1928 F. Dumont Smith* ...... Hutchinson 1929 Charles D. Shukers* ...... Independence 1930 0. 0. Osborn* ...... Stockton 1931 Benjamin F. Hegler* ...... Wichita 1932 B. I. Litowich* ...... Salina 1933 Gilbert H. Frith* ...... Emporia 1934 J. M. Challis* ...... •...... Atchison 1935 Douglas Hudson* ...... Fort Scott 1936 Albert Faulconer* ...... •.... Arkansas City 1937 John S. Dawson* ...... •.•.... Hill City 1938 Austin M. Cowan* ...... •..... Wichita 1939 I. M. Platt* ...... Junction City 1940 Ralph T. 0 Neil* ...... Topeka 1941 W. E. Stanley* ...... •.... Wichita 1942 Bernard L Sheridan* ...... Paola 1943 Charles D. Welch* ...... Coffeyville 1944 E. C. Flood* ...... Hays 1945 J. G. Somers* ...... •...... Newton 1946 Everett E. Steerman* ...... Emporia 1947 Thomas M. Vancleave* ...... Kansas City 1948 Dallas W. Knapp* ...... Coffeyville 1949 Thomas M. Lillard* ...... Topeka 1950 W. 0. Vance* ...... Belleville 1951 G. L Light* ....•...... Liberal 1952 Elmer E. Euwer* ...... ••...... Goodland 1953 Beryl R. Johnson* ...... Topeka 1954 l. J. Bond* ...... EI Dorado 1955 Claude I. Depew* ...... •... Wichita 1956 Claude E. Chalfant*...... Hutchinson 1957 J. Willard Haynes* ...... Kansas City 1958 0. B. Eidson* ...... Topeka 1959 Jay W. Scovel*...... •... .lndependence 1960 W. M. Beall* ..•...... •... Clay Center 1961 Don B. lang* ...... Scott City 1962 Alex M. Fromme* ...•...... Hoxie 1963 Harry 0. Janicke* ...... •.... Winfield 1964 William M. Ferguson* ....•..•. Wellington 1965 Hon. Wesley E. Brown* ..... Wichita 1966 F. C. Bannon* ...... •..•..... leavenworth 1967 Clayton M. Davis* ...... Topeka 1968 Joe F. Balch* ...... Chanute 1969 leo A. McNalley* ...... Salina 1970 Maurice Wildgen* ...... larned 1971 Robert Martin* ...... Wichita 1972 Philip lewis* ...... Topeka 1973 Marvin Thompson* ...... Russell 1974 J. Richards Hunter* ...... Hutchinson 1975 leonard Thomas* ...... Kansas City 1976 Richard Becker* ...... •..... Coffeyville 1977 Jack Dalton* ...... Dodge City 1978 Howard Harper* ...... Junction City 1979 William C. Farmer* ...... Wichita 1980 Herbert A. Marshaii* ...... Topeka 1981 Fred l. Conner* ...... Great Bend 1982 Charles E. Henshall* ...... Chanute 1983 John J. Gardner * ...... Olathe 1984 Darrell Kellogg* ...... Wichita 1985 Gerald Goodell .•••••••••.•.•••.• Topeka 1986 Jack Euler* ••••••••.•••••••••••••••..•. Troy 1987 Hon. Christel Marquardt•.• Topeka 1988 Dale l. Pohl* ••••..•••.••••••.••..•.• Eureka 1989 A. J. Focht .••••.•••••••••••••••••••••.•• Wichita 1990 Robert W. Wise •••••••••••.•••••• McPherson 1991 Thomas A. Hamill .••••••.•••.•••.• Overland Park 1992 William B. Swearer ••••••.••••• Hutchinson 1993 Dennis l. Gillen •.••••••••••••••••.. Wichita 1994 Hon. linda S. Trigg ••••••••.••.• liberal 1995 John l. Vratil •••••..•••••••••••••.•..• Overland Park 1996 Hon. Dale l. Somers ••••••..•... Topeka 1997 John C. Tillotson* •••••••.•••.•••••• Leavenworth 1998 Hon. David J. Waxse .•.•.••••. Kansas City 1999 Zackery E. Reynolds •••••••..•••• Fort Scott 2000 Hon. Marla J. Luckert .•••.•.•.•• Topeka 2001 James l. Bush ••••••••.•••••••••••.•••• Hiawatha 2002 Sara S. Beezley .••.••••••.•••.•••.• Girard 2003 Daniel J. Sevart* ••.•••••••••..•.•• Wichita 2004 Michael P. Crow .•.•..•••..•••.••••• Leavenworth 2005 Richard F. Hayse .•..•.••••.•••.•••• Topeka 2006 David J. Rebein ••••••••••••••••••••• Dodge City 2007 linda S. Parks •••..•••••••.•.•.•.••••. Wichita 2008 Thomas J. Wright •.••..•.••••• Topeka 2009 Timothy M. O'Brien ••••••..•••••• Kansas City 2010 Hon. Glenn R. Braun .••••••••.• Hays 2011 Rachael K. Pirner••••••••..••.••. Wichita 2012 Lee M. Smithyman •..••..•••••. Overland Park 2013 Dennis D. Depew .•••.••••.•••••.• Neodesha 2014 Gerald l. Green .•.••..•.••.•••••. Hutchinson 2015 Natalie G. Haag ••••.•••.•••••..• Topeka 2016 Steve Six • . . . • . • . • • . • • . • . • • • • • Lawrence *Deceased KANSAS BAR ASSOCIATION
Bylaws of the Kansas Bar Association
ARTICLE I - NAME. PRINCIPAL OFFICE AND PURPOSES
1.1 Name. The name of this non-profit corporation is the Kansas Bar Association.
1.2 Location. The principal office shall be located in Topeka, Kansas or at such other place as may be determined by the Board of Governors within the State of Kansas.
1.3 Purpose. The purposes for which the Association is formed are:
(a) To uphold and defend the Constitutions of the United States of America and of the State of Kansas;
(b) To advance the professionalism and legal skills of lawyers;
(c) To promote the interests of the legal profession;
(d) To provide services to its members;
(e) To advocate positions on law-related issues;
(f) To encourage public understanding of the law; and
(g) To promote the effective administration of our system of justice.
The Association shall only engage in activities permitted by its Articles of Incorporation, the Bylaws and the -not-for-profit corporation laws of Kansas. All income and property of the Association shall be used exclusively for its authorized purposes. No part of the net earnings or other assets of the Association shall inure to the benefit of any member of the Association or any other private individual.
ARTICLE II - MEMBERSHIP
2.1 Qualifications. Any person of good moral character in good standing as a member of the bar of any state, territory, or possession of the United States is eligible to be a regular member of the Association under such conditions and with such rights, privileges and limitations as the Board of Governors may provide.
2.2 Law Student Members. Any law student is eligible to become a law student member of the Association under such conditions and with such rights, privileges, and limitations as the Board of Governors may provide.
2.3 Judicial Members. Any trial or appellate judge is eligible to become a regular member of the Association under such conditions and with such rights, privileges, and limitations as the Board of Governors may provide.
2.4 Life Members. Any regular member who has been an Association member for fifty (50) years or more is eligible to become a life member with such rights, privileges, and limitations as the Board of Governors may provide.
2.5 Termination of Membership. A member may resign from the Association at any time effective upon receipt of his or her written resignation at the Association registered office. If a member is in default in payment of dues or other monetary obligation to the Association, membership may be terminated by the Board of Governors. If a member is disbarred or suspended by a final order or judgment from the practice of law in a state, territory, or possession of the United States, or if a member ceases because of misconduct to be a member of the state or federal bar of such a jurisdiction, he or she automatically ceases to be a member of the Association when such final order or judgment is final. No dues shall be refunded to any member whose membership terminates for any reason.
2.6 Associate Members. Nothing in this Article prevents the establishment by the Board of Governors of classes of associate memberships composed of non-members with whom affiliation is considered to be in the interests of the Association.
2.7 Dues. Dues shall be established by the Board of Governors. Payment of dues and the amount thereof shall be determined by the Board of Governors.
2.8 Eligibility to Hold Office. Any regular member in good standing shall be eligible for nomination and election to any elective office of the Association. ARTICLE Ill - MEETINGS AND VOTING
3.1 Annual Meeting of the Members. There shall be an Annual Meeting of the members of the Association at such time and place as the Board of Governors shall determine.
3.2 Special Meetings of the Association. Special meetings of the Association may be called at any time and place by the Board of Governors upon thirty (30) days notice to the members of the Association.
3.3 Meetings of the Board of Governors. The Board of Governors of the Association shall meet at least two times per year at such time and place as the Board of Governors shall determine. The Board of Governors shall hold other meetings at such time and place as the President or a majority of the Board of Governors shall determine.
Any member of the Association shall be entitled to attend any meetings of the Board of Governors. Members of the Board of Governors, its Executive Committee, or any Committee designated by such Board of Governors, may participate in a meeting of such Board or Committee by means of telephone conference or similar method by means of which all persons participating in the meeting can hear each other, and participation in such a meeting shall constitute presence in person at such meeting.
3.4 Meetings of the Executive Committee. The Executive Committee shall meet at such time or place between meetings of the Board of Governors as the President or a majority of the Executive Committee shall determine.
3.5 Notice of Meetings. Notice of each meeting of the Board of Governors stating the place, day and hour of the meeting, shall be provided to each member of the Board of Governors at least seven (7) days before the day on which the meeting is to be held.
3.6 Waiver of Notice. Whenever any notice is required to be given to any member of the Board of Governors under the provisions of these Bylaws, or the Articles of Incorporation of the Association or any law, a waiver thereof in writing signed by such Governor shall be deemed equivalent to the giving of such notice. Attendance of a Governor at a meeting shall constitute a waiver of notice of such meeting except where he or she attends for the express purpose of objecting, at the beginning of the meeting, to the transaction of any business because the meeting is not lawfully called or convened.
3.7 Consent to Corporate Action Without Meeting. Any action required or permitted to be taken at any meeting of the Board of Governors or Executive Committee of the Board of Governors may be taken without a meeting if all members of the Board of Governors, or Executive Committee, as the case may be, consent thereto in writing, and the writing or writings are filed with the minutes of the Board of Governors or Executive Committee thereof.
3.8 Quorum. Voting. A quorum at any meeting of the Board of Governors or Executive Committee thereof, shall consist of one-third ( 1 /3) of the members. Each Governor shall be entitled to one ( 1) vote on all questions coming before a meeting. Unless otherwise specifically provided by these Bylaws, the vote of a majority of the Governors present at a meeting at which a quorum is present shall be the act of the Board of Governors or Executive Committee of the Board of Governors. Voting rights of a member or a Board of Governors member shall not be delegated to another nor exercised by proxy. A quorum for the transaction of business at meetings of the members of the Association shall be a minimum of 20 members. At all meetings of the Association membership, each regular member shall have one ( 1) vote, and may take part and a vote in person only. Unless otherwise specifically provided by these Bylaws, a majority vote of those regular members present and voting shall govern.
3.9 limitations of Liability. A member of the Board of Governors of this Association shall have no personal liability to the Corporation or its members for monetary damages for breach of fiduciary duty as a Governor except to the extent that KSA 17-6002 (b) (8), or any successor provision of the Kansas General Corporation Code, as amended from time-to-time, expressly provides that the liability of a director may not be eliminated or limited.
3.1 0 Rules of Order. The meetings and proceedings of this Association shall be regulated and controlled according to Robert's Rules of Order (as revised) for parliamentary procedure, except as otherwise provided by these Bylaws.
ARTICLE IV - BOARD OF GOVERNORS
4.1 Powers. The governing body of the Association is the Board of Governors of the Kansas Bar Association. The business and affairs of the Association shall be managed by its Board of Governors. The Board of Governors shall have and is invested with the power and authority to supervise, control, direct, and manage the property, business and affairs of the Association.
4.2 Composition and Qualifications. The Board of Governors of the Kansas Bar Association shall include the following, each of whom must be regular members of the Kansas Bar Association in good standing and office or reside in the district represented: (a) District Governors. One governor shall be elected by the attorney members practicing therein from each of the following geographic districts by a majority of those attorney members voting.
District No. 1: The county of Johnson.
District No. 2: The counties of Atchison, Brown, Doniphan, Douglas, Franklin, Jackson, Jefferson, Leavenworth, Miami, Nemaha, Osage, Pottawatomie, and Wabaunsee.
District No. 3: The counties of Allen, Anderson, Bourbon, Cherokee, Crawford, Labette, Linn, Montgomery, Neosho, Wilson, and Woodson.
District No. 4: The counties of Butler, Chase, Chautauqua, Coffey, Cowley, Elk, Greenwood, Lyon, and Sumner.
District No. 5: The county of Shawnee.
District No. 6: The counties of Clay, Cloud, Dickinson, Ellsworth, Geary, Lincoln, Marion, Marshall, McPherson, Morris, Ottawa, Republic, Riley, Saline, and Washington. District No. 7: The county of Sedgwick.
District No. 8: The counties of Barber, Barton, Harper, Harvey, Kingman, Pratt, Reno, Rice, and Stafford.
District No. 9: The counties of Clark, Comanche, Edwards, Finney, Ford, Grant, Gray, Greeley, Hamilton, Haskell, Hodgeman, Kearny, Kiowa, Lane, Meade, Morton, Ness, Pawnee, Rush, Scott, Seward, Stanton, Stevens, and Wichita.
District No. 10: The counties of Cheyenne, Decatur, Ellis, Gove, Graham, Jewell, Logan, Mitchell, Norton, Osborne, Phillips, Rawlins, Rooks, Russell, Sheridan, Sherman, Smith, Thomas, Trego, and Wallace.
District No. 11 : The county of Wyandotte.
District No. 1 2: All members of the Association residing and/or practicing out of the State of Kansas and not otherwise represented above.
In addition to one ( 1) Governor for each geographic district, one ( 1) additional district Governor shall be elected by the members from each geographic district for each 400 members of the Association practicing within that geographic district. Should a District's membership decrease to the point where on additional position is no longer warranted under such formula, at the next election following the decrease such Governor's position shall be abolished.
Notwithstanding the foregoing provisions of this Section 4.2(o), the Governor representation for District 12 shall consist of one ( 1) position on the Boord of Governors until the first to occur of the Boord of Governors meeting to be held in September 2016 or on September 30, 2016, and thereafter the number of Governors representing District 12 will be determined without regard to the application of this sentence.
(b) Officers. The following elected officers shall serve as a member of the Boord of Governors during the term of their office: President, President-elect, Vice President, Secretory-Treasurer, Immediate Post President and President of the Young Lawyers Section.
(c) American Bar Association Delegates. The American Bar Association Delegates, including the ABA State Delegate, State Bar Delegates, or any Delegate at Lorge to the ABA House of Delegates, and any member of the Association who is a member of the ABA Boord of Governors, shall serve as members of the Board of Governors during the term of their office.
(d) Organization Representatives. The following or their designee shall serve as ex-officio non-voting members of the Boord of Governors during the term of his or her office: ( 1 ) President or Vice President of Kansas District Judges Association; and (2) President of the Kansas Bar Foundation.
(e) Minority Seat. Each year, the President of the Association, subject to the approval of the Board of Governors, may appoint one (1) person for a three-year term to serve as a Governor. The purpose of this appointment is to promote diversity on the Boord so that it better represents the membership and to encourage diverse viewpoints which may not otherwise be represented on the Boord. The Executive Committee should encourage such member to seek on elective position on the Boord following the conclusion of their term. An appointed member may not be re-appointed, but may seek election at any time. The President will be able to make on appointment beginning at the 2009 Annual Meeting through the 2021 Annual Meeting (such that the final term will expire June, 2024). Thereafter, the right of the President to make such appointments will expire.
4.3 Compensation. Governors and elected officers shall not receive any compensation for their services. 4.4 Vacancies. The Board of Governors shall fill all vacancies on the Board of Governors, except those of an Organizational Representative, occurring by death or resignation during the current year, and such appointee shall serve until the completion of the unexpired term of his or her predecessor. The President of the Organization shall fill all vacancies occurring by death or resignation during the current year of such Organization Representative and such appointee shall serve until the next Annual Meeting.
4.5 Change of Board of Governors Districts. The Board of Governors districts shall not be changed unless the Bylaws are amended as provided in these Bylaws.
ARTICLE V - ELECTIONS AND TERMS OF OFFICE
5.1 District Governors. Each Association district shall elect representatives to the Board of Governors as follows:
(a) Candidates for the Board of Governors from a district shall be nominated by petition signed by at least twenty five (25) members of the Association practicing in the district. The nominating petition shall be filed with the Executive Director of the Association by not later than 31 March.
(b) Election of the Board of Governors members shall be by confidential electronic or mail ballots cast by all attorney members (including the membership categories of regular, government/judge, new admittees, inactive, and life) of the Association practicing within the respective districts in which elections are to be held.
The Executive Director shall cause such ballots to be prepared and by 15 May shall cause such ballots to be provided to each member eligible to vote. The ballot shall contain instructions that it must be returned to the Association by a day certain, which shall not be less than 15 days from the date of notice. The candidate receiving the greatest number of votes shall be declared elected. If there is no contest for a Board of Governors position such nominee shall be declared elected and the term of office shall commence on 1 July.
(c) In the event any Board of Governors district fails to nominate a member of the Board of Governors, then such nomination shall be submitted by the Nominating Committee.
(d) District Governors shall serve for terms of three (3) years, but may serve no more than two (2) complete consecutive terms.
5.2 Officers. The Nominating Committee shall make one or more nominations each year for the offices of President-Elect, Vice President and Secretary-Treasurer. Such nominations by the committee shall be filed with the Executive Director of the Association by 1 March. Nominations may also be made for such offices by nominating petition bearing fifty (50) signatures of regular members of the Kansas Bar Association with at least one signature from each Governor district. All nominations by petition shall be filed with the Executive Director of the Association by 31 March.
After the close of nominations and in the event of a contest, the Executive Director shall conduct an election for such contested office by ballot in the manner provided for the election of District Governors. If there is only one nomination for any office, such nominee shall be declared elected to that office. There shall be no nominations from the floor at the Annual Meeting. The term of all officers shall be for one ( 1) year beginning 1 July and ending 30 June of the following year. No person may hold more than one office or Board position simultaneously.
5.3 KBA Delegate(s) to the ABA House. There shall be elected delegates from the Association to the House of Delegates of the American Bar Association (ABA) who meet the qualifications established by the ABA. Each Delegate shall serve for a two-year term. If there is more than one delegate, the expiration of the terms shall be alternated so that the terms are staggered. Delegates may serve for no more than three complete consecutive terms. Candidates for Delegate shall be nominated by the Nominating Committee and/or by petition as the terms expire. KBA Delegates to the ABA House shall be elected in the same manner as Association officers.
ARTICLE VI - SECTIONS 6.1 Establishing or Combining Sections. The Board of Governors shall consider the establishment of new Sections and the combination or discontinuance or change of names of existing Sections on its own motion or on a petition and report subscribed and endorsed by at least twenty five (25) members of the Association.
The report shall show substantial compliance with the following requirements:
(a) At least six (6) weeks prior to the meeting at which action upon proposal is contemplated the proponents thereof shall have filed with the Executive Director a statement setting forth:
(1) The contemplated jurisdiction of the Section, which shall be within the legal objectives of the Association and not in substantial conflict with the jurisdiction of any existing Section, standing committee or special committee, the continuance of which is contemplated after the Section is established;
(2) The proposed Bylaws of the Section, which shall contain a definition of its jurisdiction; (3) The proposed activities of the Section for the first two (2) years of its operation;
(4) A petition signed by no less than twenty five (25) members of the Association who assert their intention to apply for membership in the Section;
(5) A statement of the need for the proposed Section.
(b) In the case of a combination of Sections, a statement of any jurisdiction that will not be carried into the combination shall be filed in addition to the requirements of 6.1 (a).
6.2 Bylaws. Each Section shall have Bylaws not inconsistent with those of the Association. Section Bylaws or amendments thereof shall become effective when approved by the Boord of Governors.
6.3 Discontinuance and Change of Name of Sections. The Boord of Governors by a two-thirds (2/3) vote of the members present may discontinue or change the name of any Section. No Section may be discontinued or its name changed until the officers of the Section hove received at least 30 day prior written notice. Such officers shall be given the opportunity to present whatever oral or written comments they may wish the Boord of Governors to consider before voting upon such discontinuance or change of nome.
6.4 General Membership. Members of the Section must be members of the Association and must meet the Bylaw requirement of the respective Section.
6.5 Officers. A Section shall hove a President and such other officers as its Bylaws provide. The officers shall be the governing board of the Section unless the Bylaws otherwise provide.
6.6 Dues. Dues shall be collected and disbursed by the Association in accord with the duly approved annual budget of the Section and whatever policies and procedures the Board of Governors may establish in this regard. The Boord maintains the authority to establish a minimum dues amount to cover the costs of Section administration. Additional dues may be established by the Section, subject to the Boord of Governors' approval.
6.7 Meetings. A Section shall hold at least one annual meeting of its membership. Failure to so meet may, in the discretion of the Boord of Governors, result in on elimination of such Section.
6.8 Existing Sections. All existing Sections shall remain in existence unless discontinued pursuant to Section 6.3 of these Bylaws.
ARTICLE VII - COMMITTEES 7.1 Executive Committee. The Boord of Governors shall elect from its own membership each year two (2) At-large members who shall serve along with the President, President-elect, Vice President, Secretory-Treo surer and President of the Young lawyers Section as on Executive Committee of the Boord of Governors for a term of one ( 1) year or until their successors are duly elected.
(a) Subject to such prohibitions, limitations and conditions as the Board of Governors may prescribe in writing from time to time, the Executive Committee shall exercise all of the powers and duties of the Boord of Governors in the interim between meetings of the Boord of Governors.
(b) At each meeting of the Boord of Governors, the President shall make reports to the Boord of Governors concerning any action token by the Executive Committee.
(c) The Committee is charged with preparation and supervision of the annual budget and supervision of the financial administration of the Association, and of its internal and staff operation. Specific responsibilities include:
( 1 ) Propose on annual budget for adoption by the Boord of Governors.
(2) Review and make recommendations regarding Association income and expenditures, investments and other asset management.
(3) Review the Employee Retirement Plan and its administration.
(4) Advise the Boord of Governors on financial policies and procedures as they relate to proposed projects and activities.
(5) Conduct an annual performance evaluation of the Executive Director and make recommendation to the Boord of Governors regarding the Executive Director's compensation and benefits as port of the proposed budget.
(6) Periodically review and make recommendations regarding the Association personnel policies and internal operations.
(7) Perform such other duties as may be prescribed by the Boord of Governors. 7.2 Nominating Committee. There shall be a Nominating Committee of the Association consisting of twenty (20) or more members appointed by the President with the consent of the Board of Governors subject to the following:
(a) Existing or past officers or members of the Board of Governors shall be in a minority.
(b) The immediate Past President or a Past President, if the immediate Past President is not available, shall be designated as Chair.
(c) The President shall appoint at least one (l) member from each geographical district to the Nominating Committee.
(d) The Committee shall give published notice of the date or dates of its meetings and shall solicit nominations from members of the Association at large and local bar associations.
(e) Without establishing quotas, an effort shall be made to make the Nominating Committee reflective of the general composition of the Association as to age, gender, and race.
(f) The Committee Chair from the previous year shall serve as an ex-officio member of the Committee.
(g) The Nominating Committee shall have the authority to designee one or more candidates for the statewide election of Secretary-Treasurer, Vice President, President-elect, and KBA Delegate to the ABA House. Such nominations shall be filed with the Executive Director by l March. The Committee shall also have the authority to nominate one or more candidates for any District Governor position in the event no nominating petition is filed for any vacancy. Such nominations must be filed with the Executive Director by 15 April.
7.3 Other Committees. In addition to the Executive Committee and the Nominating Committee there shall be such other committees as the Board of Governors or its Executive Committee may create and designate. Each such committee:
(a) Shall have such purpose as may be determined from time-to-time by resolution approved by the Board of Governors or its Executive Committee;
(b) Shall have and exercise such powers and authority as the Board of Governors or its Executive Committee may from time-to-time designate and confer.
ARTICLE VIII - OFFICERS
8.1 Officers. The Association shall have a President, a President-elect, a Vice President and a Secretary-Treasurer.
8.2 Resignation and Vacancies. Any officer may resign at any time by filing his or her resignation in the office of the Association. Acceptance of such resignation shall not be necessary to make it effective. Vacancies occurring in any of the offices of the Association shall be filled for the unexpired term by the Board of Governors.
8.3 President. The President shall serve as Chair of both the Board of Governors and the Executive Committee. The President shall make all required appointments of standing and special committees with the approval of the Board of Governors. The President shall perform such other duties as are necessarily incident to the office of President or as may be prescribed by the Board of Governors.
8.4 President-elect. The President-elect shall automatically succeed to the office of President on 1 July of the following year. Duties shall be delegated by the Board of Governors. The President-elect shall perform the duties of the President in the event of the President's inability to serve.
8.5 Vice President. The Vice President shall automatically succeed to the office of President-elect on l July of the following year. The Vice President shall be responsible for such duties as are individually assigned by the President with the approval of the Board of Governors.
8.6 Secretary-Treasurer. The Secretary-Treasurer shall be in charge of the Association's funds and records. He or she shall collect all member dues and/or assessments; shall have established proper accounting procedures for the handling of the Association's funds and shall be responsible for the keeping of the funds in such banks, trust companies and/or investments as are approved by the Executive Committee. He or she shall report on the financial condition of the Association to the Board of Governors and at other times when called upon by the President. At the end of each fiscal year, he or she shall prepare an annual report that shall include an audit report by a certified public accountant. At the expiration of the term of office, he or she shall deliver over to the successor all books, money, and other property in his or her charge, or in the absence of a successor, shall deliver such properties to the President. He or she shall be responsible for the proper and legal mailing of notices to members; the proper recording of proceedings of meetings of the Association, Board of Governors and all committees; carry into execution all orders, votes and resolutions, not otherwise committed; and see that accurate records are kept of all members. Such duties of the Secretary-Treasurer as may be specified by the Board of Governors may be delegated to the Executive Director as the Assistant Secretary-Treasurer.
8.7 Executive Director. The Board of Governors shall employ a salaried executive officer whom shall have the title of Executive Director and whose terms and conditions of employment shall be specified by the Board of Governors. The Executive Director shall be the chief executive officer of the Association responsible for all management functions. The Executive Director shall manage and direct all activities of the Association as prescribed by the Board of Governors and shall be responsible to the Board of Governors. The Executive Director shall employ and may terminate the employment of members of the staff necessary to carry on the work of the Association and fix their compensation within the approved budget. The Executive Director shall define the duties of the staff, supervise their performance, establish their titles and delegate those responsibilities of management as shall, in his or her judgment, be in the best interest of the Association.
ARTICLE IX - FINANCE
9.1 Fiscal Period. The fiscal period of the Association shall be prescribed by the Board of Governors.
9.2 Bonding. Fidelity bonds shall be furnished by such officers or employees of the Association as the Board of Governors shall direct. The amount of such bonds shall be determined by the Board of Governors.
9.3 ~· With recommendation of the Executive Committee, the Board of Governors shall adopt in advance of the next fiscal period an annual operating budget covering all activities of the Association.
9.4 Audit. The accounts of the Association shall be audited not less than annually by a Certified Public Accountant who shall be appointed by the Executive Committee and who shall provide a report to the Board of Governors.
ARTICLE X - DISSOLUTION
The Association shall use its funds only to accomplish the objectives and purposes specified in these Bylaws and no part of said funds shall inure, or be distributed, to the members of the Association. On dissolution of the Association, any funds remaining shall be distributed to one or more regularly organized and qualified charitable, educational, scientific, or philanthropic organizations to be selected by the Board of Governors.
ARTICLE XI - SEAL
The seal of the Association bearing the words "THE KANSAS BAR ASSOCIATION" and identified by an impression thereof on the margin of this page, shall be the seal of the Association until the Board of Governors, by resolution duly adopted, shall otherwise provide.
ARTICLE XII - AMENDMENT OF BYLAWS
These Bylaws may be amended by a majority vote of the entire Board of Governors provided that a copy of the proposed amendments is provided to each officer and member of the Board of Governors of the Association not less than thirty (30) days before the meeting at which they are to be considered. All amendments to the Bylaws shall be published as soon as practicable in The Journal of the Kansas Bar Association.
ARTICLE XIII - DATE EFFECTIVE
All provisions of the Bylaws of the Association heretofore existing are hereby repealed and the provisions hereof shall be in full force and effect from and after the date of their adoption by the Association.
AS AMENDED: June 1987; June 1993; May 1995; June 2002; September 2003; September 2005; February 2009; February 2010; Apri12011; June 2014; June 2015; January 2016. KANSAS BAR FOUNDATION
BYLAWS OF THE KANSAS BAR FOUNDATION
ARTICLE I. OFFICES
1.1. Offices. The registered office of the Kansas Bar Foundation (hereafter called "Foundation") shall be as set forth in its Articles of Incorporation until changed by the Trustees as provided by law. The Foundation may also have such offices, within or without the State of Kansas, as the Board of Trustees may determine from time to time is necessary.
ARTICLE II. SEAL
2.1. Seal. If the Board of Trustees shall adopt a seal, the corporate seal of the Foundation shall have inscribed thereon, in the outer circle, the full name of the Foundation and the word "Kansas," with the words "Corporate Seal" across the center thereof, an imprint of which seal shall then appear on the margin hereof opposite this Section.
ARTICLE Ill. MEMBERS' MEETINGS
3.1. Members. The Foundation shall have two classes of members - voting and nonvoting. The designation of each class and the qualifications of the members of each class shall be as follows:
A. Voting Members. Voting members shall be the Board of Trustees of the Foundation.
B. Nonvoting Members. Nonvoting members of the Foundation shall be:
1. Fellows. A "fellow" shall be a person admitted to practice law under the Rules of the Kansas Supreme Court who has contributed an aggregate total of $1,000 to the Foundation, or has pledged in writing to contribute at least $1,000 in ten or fewer consecutive annual installments, has made the first installment, and is current on such pledge.
2. Associate Members. An "associate member" shall be any other person, firm, association, or corporation making a financial contribution to the Foundation.
3.2. Termination of Voting or Non-voting Members. A voting or non-voting member may be suspended or expelled for cause by an affirmative vote of a majority of the Board of Trustees.
A voting or non-voting member who is disbarred or indefinitely suspended from the practice of law by the Kansas Supreme Court or the highest court of any jurisdiction in which such member was originally licensed shall be suspended without action of the Board of Trustees until such member shall be reinstated to the practice of law by such court.
3.3. Resignation. Any voting or non-voting member of the Foundation may resign by so notifying the Executive Director of the Foundation.
3.4. Transfer of Membership. Voting or non-voting membership in the Foundation shall not be transferable or assignable.
3.5. Place. Meetings of the members may be held anywhere, either within or without the state of Kansas, as may be determined from time to time by the Board of Trustees or the members.
3.6. Date and Place of Annual Meeting. An annual meeting of the voting members shall be held at the Foundation's registered office each year, or at such other place as may be designated from time to time by the Board of Trustees, on such date and at such time as shall be designated from time to time by the Board of Trustees and stated in the notice of the meeting or in a duly executed waiver of notice of the meeting.
3.7. Purpose of Annual Meeting. The purpose of the annual meeting of voting members shall be to elect members of the Board of Trustees and to transact such other business without limitations, as may properly come before the annual meeting.
3.8. Special Meetings. Special meetings of the voting members may be called at any time by the president, or by the secretary whenever a majority of the Board of Trustees so requests in writing. Such request shall state the purpose or purposes of the proposed meeting.
3. 9. Notice. Not less than 1 0 nor more than 60 days before every annual or special meeting of the voting members, written or printed notice stating the time and place thereof and, if a special meeting, the purpose or purposes for which such meeting is called, shall be served upon or mailed to each voting member as it appears upon the books of the Foundation. If such member shall have filed with the secretary of the Foundation a written request that notices be mailed to some other address, then notice shall be mailed to the address designated in such request.
3.1 0. Quorum and Voting. The voting members present in person or by written proxy shall constitute a quorum. At any meeting of the members, whether regular or special, each voting member shall be entitled to one vote, either in person or by written proxy, subject, however, to the right of the Board of Trustees to fix a record date for the determination of voting members entitled to vote at any meeting. The vote of a majority of the voting members entitled to vote who are present, in person or by proxy, shall decide any questions brought before the meeting unless a different vote is required by statute, the Articles of Incorporation of the Foundation or these Bylaws.
ARTICLE IV. TRUSTEES 4.1. Election and Term. The Foundation shall be governed by a Board of Trustees. Trustees shall be elected at the Annual Meeting of the Foundation. All Trustees must be members of the Foundation and shall be selected as follows:
A. Three Trustees shall be appointed by the President of the Kansas Bar Association. Appointees must be officers or members of the Kansas Bar Association Board of Governors at the time of appointment. The first appointments shall be for staggered terms of one, two, and three years; thereafter, appointees shall serve three-year terms in accordance with other provisions of this Section.
B. One Trustee shall be appointed by the Young Lawyers Section of the Kansas Bar Association and the person so appointed must be a member of the Young Lawyers Section of the Kansas Bar Association.
C. Five Trustees shall be elected by the voting members of the Foundation from the State at large. D. Eleven Trustees shall be elected by the voting members of the Foundation, one from each of the Kansas Bar Association designated Districts.
E. The Kansas Association of Defense Counsel, the Kansas Trial lawyers Association, and the Jennie Mitchell Kellogg Circle each shall be invited to designate a voting member of the Foundation. Each such member is to serve as directed by the respective association for a period not to exceed three years.
Each Trustee shall be elected by a majority of the votes of the voting members of the Foundation present in person or by written proxy at the annual meeting. If any member so requests, the election of Trustees shall be by written ballot. Each Trustee so elected shall hold office for a term of three years or until that Trustee's earlier death, resignation, or removal. No Trustee shall serve more than two consecutive three-year terms.
4.2. Vacancies. Vacancies in appointed positions on the Board of Trustees shall be filled by appointments made in the same manner as provided in the case of the original appointment. Vacancies in elected positions shall be filled by the Board of Trustees. Those appointed or elected to fill vacancies shall serve for the remainder of the predecessor's term.
4.3. Meetings of Trustees. The Trustees shall meet at such times and places, within or without the State of Kansas, as the Board may from time to time determine. Any regular or special meeting of the Board may be called by the president or by the secretary upon two days' notice, oral or written, which notice may be waived in writing by any Trustee. The annual meeting of the Board of Trustees shall be held immediately following the members' annual meeting and at the same place; provided, however, that said meeting may be held on such other day, hour or place, as may be determined by the written consent of all Trustees, or, in the absence of such consent, as may be designated in written notice sent by the president or by the secretary to each Trustee at least two days prior to the date specified in the notice. The annual Trustees' meeting shall, in any event, be held within 90 days after the annual meeting of the members if so demanded in writing by any Trustee.
4.4. Quorum. One third of the total number of the Board of Trustees shall constitute a quorum for the transaction of business, but a lesser number may adjourn any meeting from time to time and the meeting may be held as adjourned without further notice.
4.5. Removal. At any meeting of the voting members called expressly for that purpose, any one or more Trustees may be removed for cause, by a vote of a majority of the members then entitled to vote on the election of Trustees.
4.6. Compensation. Trustees shall not receive compensation for their services as Trustees.
ARTICLE V. OFFICERS
5.1. Officers and Election Thereof. The officers of the Foundation shall be a president, a president-elect, a secretary-treasurer, an immediate past president, an executive director, and such other officers and assistant officers, including, but not limited to, one or more vice-presidents, as the Board of Trustees may from time to time deem necessary or advisable. Any number of offices may be held by the same person. All officers shall be elected by the Board of Trustees at its annual meeting, and the Board of Trustees shall be empowered to fill vacancies in any office. The selection of all officers, with the exception of the executive director, shall be made only from those individuals who are members of the Board of Trustees.
5.2. Term, Removal, and Resignation. Each officer of the Foundation shall hold office until the next annual meeting of the Board of Trustees and until the officer's successor is elected and qualified, or until the officer's earlier death, resignation, or removal; provided, however, that any officer elected by the Board may at any time, with or without cause, be removed by the affirmative vote of a majority of the total number of the Board. Any officer may resign by notifying to secretary of the Foundation.
5.3. President. The president of the Board shall be the principal executive officer of the Foundation. Subject to the direction and control of the Board of Trustees, the president of the Board shall be in charge of the business and affairs of the Foundation; the president of the Board shall see that the resolutions and directives of the Board of Trustees are carried into effect, except in those instances in which the responsibility is assigned to some other person by the Board of Trustees; and, in general, the president of the Board shall discharge all duties incident to the office of president of the Board of Trustees. The president of the Board shall preside at all meetings of the members of the Executive Committee and of the Board of Trustees. Except in those instances in which the authority to execute is expressly delegated to another officer or agent of the Foundation or a different mode of execution is expressly prescribed by the Board of Trustees or these Bylaws, the president of the Board may execute for the Foundation contracts, deeds, mortgages, bonds, or other instruments which the Board of Trustees has authorized to be executed, and either individually or with the secretary, any assistant secretary, or any other officer thereunto authorized by the Board of Trustees, according to the requirements of the form of the instrument. The president of the Board may vote all securities which the Foundation is entitled to vote, except as and to the extent such authority shall be vested in a different officer or agent of the Foundation by the Board of Trustees.
5.4. President-Elect. The president-elect shall assist the president of the Board in the discharge of the president of the Board's duties as the president of the Board may direct and shall perform such other duties as from time to time may be assigned to such president-elect by the Board of Trustees. In the absence of the president of the Board or in the event of the president of the Board's inability to act, the president-elect shall perform the duties of the president of the Board and, when so acting, shall have all the powers of and be subject to all the restrictions upon the president of the Board.
5.5. Secretary-Treasurer. The secretary-treasurer shall be in charge of the Foundation's funds and records. He or she shall exercise oversight of the Foundation's financial affairs, including the establishment of proper accounting procedures for handling of the Foundation's funds and shall be responsible for the keeping of the funds in such banks, trust companies, and/or investments as are approved by the Board of Trustees. He or she shall report on the financial condition of the Foundation to the Board of Trustees and at other times when called upon by the President. At the end of each fiscal year, he or she shall prepare an annual report, which shall include an audit report by a certified public accountant.
He or she shall be responsible for the proper and legal mailing of notices to the members, the proper recording of proceedings of meetings of the Foundation and Board of Trustees, and see that accurate records· are kept of all members. Such duties of the secretary-treasurer as may be specified by the Board of Trustees may be delegated to the Executive Director, who shall serve as the assistant secretary-treasurer.
5.6. Immediate Past President. The immediate past president shall perform such duties as from time to time may be assigned to such immediate past president by the Board of Trustees. Should the person who last held the presidency be unable to serve as immediate past president, the most recent past president who is able to do so shall hold the office.
5.7. Executive Director. The Board of Trustees shall employ a salaried executive director appointed by the Board of Trustees in coordination with the Board of Governors of the Kansas Bar Association. The executive director shall be the chief executive officer of the Foundation responsible for all management functions. The executive director shall manage and direct all activities of the Foundation as prescribed by the Board of Trustees and shall be responsible to the Board of Trustees. The executive director shall employ and may terminate the employment of members of the staff necessary to carry on the work of the Foundation and shall fix their compensation within the approved budget. The executive director shall define the duties of the staff, supervise their performance, establish their titles, and delegate those responsibilities of management as shall, in his or her judgment, be in the best interest of the Foundation.
ARTICLE VI. COMMITTEES
6.1. Executive Committee. The Board of Trustees shall elect from its own membership each year two (2) members who shall serve along with the president, president-elect, secretary-treasurer, and immediate past president as an Executive Committee of the Board of Trustees for a term of one (1) year or until their successors are duly elected.
A. Subject to such prohibitions, limitations and conditions as the Board of Trustees may prescribe in writing from time to time, the Executive Committee shall exercise all of the powers and duties of the Board of Trustees in the interim between meetings of the Board of Trustees.
B. At each meeting of the Board of Trustees, the President shall make reports to the Board of Trustees concerning any action taken by the Executive Committee.
6.2. Nominating Committee. There shall be a nominating committee appointed by the president.
A. The nominating committee shall present to the Board of Trustees the name(s) of nominees for the Board of Trustees to be elected at the annual meeting.
B. Nominations may not be made from the floor unless there are no nominations at the time of the election.
6.3. Other Committees. Committees may be established by the Board of Trustees as deemed necessary to corry out the work of the Foundation. The Boord of Trustees shall establish the function of the committees, which shall operate under the general supervision of the Board of Trustees.
6.4. Removal of Committee Members. Committee members may be removed by the affirmative vote of the majority of the Board of Trustees, with or without cause. Any committee member may resign by notifying the chairperson of the committee.
ARTICLE VII. RECORD DATE
7.1 . Fixing Record Date for Determining Members' Rights. In order that the Foundation may determine the members entitled to notice of or to vote at any meeting of the members or any adjournment thereof, the Board of Trustees may fix a record date, which record date shall not be more than 60 nor less than 10 days before the date of such meeting. If no record date is fixed by the Board of Trustees, the record dote for determining members entitled to notice of or to vote at a meeting of members shall be at the close of business on the next day preceding the day on which the meeting is held. A determining of the members shall apply to any adjournment of the meeting, except that the Boord of Trustees may fix a new record date for the adjourned meeting.
7.2. Record Date When No Meeting Held. In order that the Foundation may determine the members entitled to consent to corporate action in writing without a meeting, the Boord of Trustees may fix a record date which record date shall not be more than 1 0 days after the dote upon which the resolution fixing the record dote is adopted by the Boord of trustees. If no record dote has been fixed by the Board of Trustees, the record date for determining members entitled to consent to corporate action in writing without a meeting when no prior action by the Board of Trustees is required by this act, shall be the first date on which a signed written consent setting forth the action token or proposed to be token is delivered to the Foundation by delivery to its registered office in this state, its principal place of business, or an officer or agent of the Foundation having custody of the book in which proceedings of meetings of members are recorded. Delivery made to the Foundation's registered office shall be by hand or by certified or registered moil, return receipt requested. If no record date has been fixed by the Boord of Trustees and prior action by the Boord of Trustees is required by the law, Articles of Incorporation of the Foundation, or these Bylaws, the record date for determining members entitled to consent to corporate action in writing without a meeting shall be at the close of business on the day on which the Board of Trustees adopts the resolution taking such prior action.
ARTICLE VIII. FISCAL YEAR
8.1. Fiscal Year. The fiscal year of the Foundation shall be the calendar year, unless and until changed by the Board of Trustees. ARTICLE IX. AMENDMENTS 9.1. Amendments. These Bylaws may be amended or repealed by the Board of Trustees.
ARTICLE X. MISCELLANEOUS
1 0.1. Telephone Meetings. Members (either for themselves or acting through a proxy), Trustees, and members of any committee of the Board of Trustees may participate in and hold meetings of members, Trustees, or of any committee of the Board of Trustees by means of a conference telephone or similar communications equipment by means of which all persons participating in the meeting can hear each other, and participation in such a meeting shall constitute presence in person at such meeting, except when a person participates in the meeting for the express purpose of objecting to the transaction of any business on the ground that the meeting is not lawfully called or convened.
1 0.2. Action Without a Meeting. Any action required or permitted to be taken by law, by the Articles of Incorporation of the Foundation, or by these Bylaws at a meeting of the Trustees, any committee of the Board of Trustees, or of the members, may be taken without a meeting if unanimous consent in writing setting forth the action so taken shall be signed by the members of such Board of Trustees, committee of the Board of Trustees, or of the members (either acting for themselves or through a proxy) entitled to vote thereat, if, to the extent required by law, such written consent is filed in the Foundation's official minute book containing the minutes of all meetings of the Board of Trustees and/or members, as the case may be. Such consent shall have the same force and effect as a vote of such Trustees, committee members, or members, as the case may be, and may be stated as such in any certificate or other document filed with the Secretary of State of Kansas.
1 0.3. Waiver of Notice. Whenever written notice is required to be given, written waiver thereof signed by any member entitled to such notice (whether, in the case of notice of a meeting, the written waiver thereof is signed before or after the meeting) shall be in all respects tantamount to notice. Attendance in person at the meeting shall for all purposes constitute waiver of notice thereof unless attendance at the meeting is for the sole purpose of objecting to the transaction of any business thereat because the meeting is not lawfully called or convened and unless he or she objects at the beginning of the meeting and does not otherwise participate therein.
ADOPTED by the Trustees September 16, 1989. AMENDED by the Trustees June 12, 1992. AMENDED by the Trustees February 12, 1993. AMENDED by the Trustees June 11, 1993. AMENDED by the Trustees June 1 0, 1994. AMENDED by the Trustees November 11, 1994. AMENDED by the Trustees September 9, 1999. AMENDED by the Trustees, June 15, 2002. AMENDED by the Trustees, February 17, 2006.
F:\Shared\BYLAWS\KBF Bylaws 2.17.06.doc KANSAS BAR ASSOCIATION
KBA Board of Governors 20 1 6 - 17 Schedule of Events
Event Date Location Notes
Board of Governors Friday, September 30,2016 Wichita Bar Joint luncheon with Meeting 1 p.m. - 3 p.m. Association the BOT at noon, Includes Lunch prior to the meeting. 225 N Market St #115 Wichita, KS 67202 Board of Governors Friday, December 9, 2016 Polsinelli Law Firm Meeting 1 0 a.m. - 2 p.m. Includes Lunch 900 W. 48th Place Suite 900 Kansas City, MO 64112 KBA-KDJA Annual Friday, December 9, 2016 Brio Tuscan Grille BOG joins with Holiday Dinner 6 - 7 p.m. - Reception members of the KDJA 7 - 9 p.m. - Dinner 502 Nichols Rd Executive Committee Tickets are $75/person. Kansas City, MO and OJA for this 64112 traditional dinner at Brio Tuscan Grille. Court Appreciation Thursday, February 9, 2017 Topeka Country Joint KBA-KBF Dinner Dinner 6:30 p.m. - Reception Club with the Supreme 7:30 p.m. - Dinner Court, Court of 2700 SW Buchanan Appeals, and U.S. St. District Court. Topeka, KS 6661 1
Board of Governors Friday, February 10, 2017 Kansas Bar Meeting 9:30 a.m. - Noon Association
1 200 SW Harrison Topeka, KS 6661 2 Board of Governors Friday, April 21, 2017 Lawrence, KS Specific Location TBD Meeting KBA Annual Meeting Wednesday, June 7- Friday, Manhattan Hilton June 9, 2017 Garden Inn
410 S. 3rd St Manhattan, KS 66502 Board of Governors Date and Time TBD Manhattan Hilton Meeting Garden Inn
410 S. 3rd St Manhattan, KS 66502
8.4.2016 KANSAS BAR FOUNDATION
KBF Board of Trustees 201 6 - 17 Schedule of Events
Event Date Location Comments
Board of Trustees Friday, September 30, 2016 Wichita Bar Joint luncheon with the Meeting 1 0 a.m. - Noon Association BOG following the Includes Lunch meeting. 225 N Market St # 115 Wichita, KS 67202 Court Appreciation Thursday, February 9, 2017 Topeka Country Joint KBA-KBF Dinner with Dinner 6:30 p.m. - Reception Club the Supreme Court, Court 7:30p.m.- Dinner of Appeals, and U.S. 2700SW District Court. Buchanan Topeka, KS 66611 Board of Trustees Friday, February 1 0, 2017 Kansas Bar Meeting 1 p.m. - 3 p.m. Association
1200 sw Harrison Topeka,KS 66612 Board of Trustees Friday, April 21, 2017 Lawrence, KS Specific Location TBD Meeting Time TBD
KBA Annual Meeting Wednesday, June 7- Friday, Manhattan June 9, 2017 Hilton Garden Inn
410 S 3rd St Manhattan, KS 66502 KBF Annual Meeting and Date and Time TBD Manhattan Board of Trustees Hilton Garden Meeting Inn
410 S. 3rd St Manhattan, KS 66502 Foundation Dinner Date and Time TBD Manhattan, KS Specific Location TBD
8.4.2016 KANSAS BAR ASSOCIATION KANSAS BAR FOUNDATION 2016-17 KBA LEADERSHIP GUIDE & DIRECTORY TABLE OF CONTENTS
Introduction and Overview KBA Mission Statement & Goals
KBA Significant Historical Events .....•.••••.•..•••••••...•.•••••••....•••••...•....•..•••....••••••.•••...•..••••••....••.••.••.. Past Presidents of the KBA •••.•..••.•.••••••...••••••...•.•••••••••...••••••••.•.••••••••••••.•••••....••••••••••••..•..••••••••••••• KBA Bylaws .••••••...•.•••...•••••...••••••••••••••...••••••.....••••••••.•..•••••....•.•••••••••....•••••...... ••••••••••••...••••••••••••• KBF Bylaws ...•••.•.••.••..•.••••••..••••••.•••••.•...•••••••.••.••.••••.•...•••••....•••••••••••.....••••...••.•••••••••.•...••••.••.•..•••• Board of Governors Meeting Dates ••••...•••••.••.••.•.••••••••....•••.•.•••••••••.•••••.•••.....••.•••••.••..•....••.....••..•• Board of Trustees Meeting Dates •...•••••.....••••.•••..••.••••••••.•••••••...••..•.•••••.•••••••.•••..••••••••••.••.•••••••••••.
Procedures and Policies
KBA Staff Roster ...... 1 Telephone Guide for Staff Assistance ...... 2 Staff Section liaison Listings ...... 5 Legislative Policy and Procedure ...... 6 Legislative Policy Guide•••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 8 Ethics Advisory Opinions ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 56 Continuing Legal Education Policies & Procedures •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 57 Publications Policies & Procedures •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 60 Electronic Media/Social Media Policies & Procedures ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 63 Committee and Task Force Policies & Procedures ••.•••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 66 Section Policies & Procedures •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 71
Directory
KBA OHicers and Board of Governors KBA Districts ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 7 6 KBA Districts Map ••••••••••.••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 77 Board of Governors Elections/Terms •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 78 Board of Governors Address/Phone/E-Mail Roster ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 79 Board of Governors - Past Officers••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••.•••••••••••••••••••• 81
Kansas Bar Foundation Board of Trustees Election/Terms ••••••••••••••••••••••••.••••••••••••••••••••••••••••••••••.•••••••••••••••.•••••••••••••••••••••••• 82 Board of Trustees Roster Address/Phone/E-Mail Roster •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 83 KBA and KBF Committees 2016-17 Committee List/Committee Choirs/Board Liaisons/Staff Lioisons ...... 85
Committee Rosters (Address/Phone/Fox/E-Mail) Access to Justice ...... 86 Annual Meeting Planning ...... TBD Annual Survey of Low ...... 88 Awards •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••.••••••••••••••••••••••••••••••••••• 89 Bench-Bor ...... 91 Boord of Editors ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 95 Boord of Publishers ...... 97 Continuing Legal Educotion ...... 98 Diversity ...... 1 00 Ethics Advisory ...... 103 Ethics Grievances Panel ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 105 Federal & State Jurisdiction Panel ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 1 08 Investment ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 109 IOLTA ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 11 0 KBA Strategic Planning ...... 111 KBF Long Range Planning ...... TBD KBF Subcommittee on Bonk of America Funds ...... TBD Low Practice Management •••••••••••.•••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••.••••••••••••. 1 1 2 Low Related Education •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••.•••••••••••••••••••••••••••••••••• 11 3 Lawyer Referral Service Review ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 114 Legislative ...... 115 Media-Bar...... 117 Membership ...... 1 1 9 Nominoting ...... TBD Paralegals •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 1 21 Scholarship ...... 1 22 Title Standards ...... 1 23
KBA Sections Sections List - Section Choir's List ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 1 26
Section Committee Rosters (Addresses, Phone, Fox, E-Mail) Administrative Low ...... 1 28 Alternative Dispute Resolution •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 1 29 Agricultural Low ...... 1 30 Appellate Practice ...... 1 32 Bankruptcy and Insolvency ...... 1 33 Construction Low ...... 1 34 Corporate Counsel ...... 1 35 Corporation, Bonking, and Business Low ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 1 36 Criminal Low •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 1 37 Elder Low ...... 1 38 Employment Low ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 1 39 Family Low •••••••••••••••••••••••••••••••.••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 140 Government Lawyers ...... 141 Health Low ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 142 Immigration Low •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 143 Indian Low ...... 144 Insurance Low •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 1 45 Intellectual Property Low •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 146 litigation ...... 147 Oil, Gas, and Mineral law ...... ••...... •...... •.•...... ••.•...... •.. 148 Real Estate, Probate, and Trust law ...•...... •..•...... •...... ••...... ••..•...... •...... 149 Solo and Small Firm ...... •.•...... •...••.•...... •...•...... ••...... ••...... •...•.....•.. 1 51 Tax law ...... •...... •.•...... •...... •...... •..•.•...... •...... •..•.•..•.•..... l52 Young lawyers ...... 153
Other Bar Associations Nationwide Bar Associations ...... 154 Statewide and local Bar Associations ...... •...... ••...... ••...... •.•••.•.•....•..••.. 1 54 KANSAS BAR ASSOCIATION
2016-17 PROCEDURES AND POLICIES
KANSAS BAR FOUNDATION KANSAS BAR ASSOCIATION KBA Staff
Member Title Telephone E-Mail
Jeremy Butler lawyer Referral Service Representative 1-800-928-31 11 [email protected]
Pat Byers lawyer Referral Service Operations Manager 1-800-928-3111 [email protected]
Hyemin Byun lawyer Referral Service Representative 1-800-928-31 11 [email protected]
Leslie Daugharthy law Practice Services (785) 861-8837 [email protected]
Jessica Evans IOlT A Coordinator (785) 861-8840 [email protected]
Danielle Hall law Practice Services Director (785) 861-8827 [email protected]
Lauri Hume lawyer Referral Service Representative 1-800-928-3111 [email protected]
Kathy Johnson Administration and Finance Services (785) 861-8814 [email protected]
Amanda Kohlman Publications Coordinator (785) 86 1-881 5 [email protected]
Allison Marker Governance and Board Services Coordinator (785) 861-8828 [email protected]
Deana Mead Associate Executive Director (785) 861 -8839 [email protected]
Jamey Metzger Facilities and Operations Services Manager (785) 861-881 0 [email protected]
Joseph Molina Ill legislative Services Director (785) 861-8836 [email protected]
Dawn Phoenix law Practice Services (785) 861 -8811 [email protected]
Ryan Purcell Member and Communications Services (785) 861-8826 [email protected]
Alana Seelbach Staff and Visitor Services Manager (785) 861-8833 [email protected]
Ted Tannehill Member and Communications Services (785) 861-8835 [email protected]
Dennis Taylor lawyer Referral Service Director (785) 861-881 2 [email protected]
Kenneth Waugh Administration and Finance Services Director (785) 861-8809 kwaugh@ksbar .org
Meg Wickham Member and Communications Services Director (785) 861-8817 [email protected]
Anne Woods Public Services Director (785) 861-8838 [email protected]
Jordan Yochim Executive Director (785) 861-8834 [email protected]
1 KANSAS BAR ASSOCIATION TELEPHONE GUIDE FOR STAFF ASSISTANCE
The Association staff will be pleased to help you in planning and implementing Section and Committee activities, and in providing information on procedures or other matters. For handy reference, this guide indicates some of the more frequent inquires and the corresponding contacts for assistance. While other staff members can also assist you in these matters, the following identifies key individuals in these particular areas. You may reach the staff through the KBA main line - (785) 234-5696 or on their individual lines listed on the previous page.
FOR ASSISTANCE ON: PlEASE CONTACT:
. .. P,olicies, ·./ •• Gowma-."·, ', .. ·. ·· · ·.· .. ..·. . ..··· ...... ; . .· .. Inquiring about Association policies and procedures • Jordan Yochim, Executive Director • Deana Mead, Associate Executive Director • Allison Marker, Governance and Board Services
Determining the status of issues addressed or being • Jordon Yochim, Executive Director addressed by the Association • Deana Mead, Associate Executive Director C II . • · · .-...... I &I.... . •.•• > •. /.> (~ . . .·· . · on.numa .. · .. ·-• ·.. ··· .. ·.···· ...... '. I~·•·.••. ···i······ "z ~ Planning or implementing a ClE Course • Dawn Phoenix, law Practice Services • leslie Garwood, law Practice Services Registering for a ClE course • Main line Ordering past ClE Material • Main line Questions Regarding On Demand ClE • Danielle Hall, law Practice Services Director
Commun~fll$;~f41edicl,lt~ .. ... ·.. ·. . .·· .... ·:~ . - Submitting news for publication in the KBA • Meg Wickham, Member and Weekly Communications Services Director • Your Staff liaison Submitting news for publication in the KBA • Meg Wickham, Member and Journal Communications Services Director
Notifying the news media of section and • Meg Wickham, Member and committee programs and actions Communications Services Director
Arranging for photographic coverage of a • Your Staff liaison section of committee event
2 ,·: Communications, MediaReac.tions .. > ,:
Cont'd ·. Providing public information on the KBA website • Meg Wickham, Member and Communications Services Director • Your Staff Liaison Finanee . . Inquiring about financial policies and procedure • Ken Waugh, Administration and Finance Services Director Preparing Section Budgets • Your Staff Liaison Inquiring about travel reimbursement • Ken Waugh, Administration and Finance Services Director • Your Staff Liaison Inquiring about section and committee budget • Ken Waugh, Administration and Finance expenditures Services Director • Your Staff liaison Handbooks . .·· .·· ..... ··. Questions regarding planning a new handbook • Amanda Kohlman, Publications Coordinator or about an existing handbook.
To order a handbook • Main line Legh;lafion ••••
Monitoring legislation • Joe Molina, legislative Services Director Preparing and submitting comments on bills • Joe Molina, legislative Services Director
Developing a section legislative action plan • Joe Molina, legislative Services Director Checking the status of bills • Joe Molina, legislative Services Director
~ .; ·.·· Questions regarding marketing services and • Meg Wickham, Member and Communications social media Services Director
Conducting member surveys • Meg Wickham, Member and Communications Services Director Membership Development Planning and implementing Section membership • Meg Wickham, Member and Communications recruitment, renewal and retention campaigns Services Director • Danielle Hall, law Practice Services Director
3 .Mem~Mwship Development CoPI'd Checking Association and Section membership • Ted Tannehill, Member and Communications statistics Services Creating or Revising Section and Committee • Your Staff Liaison brochures Obtaining Association and Section membership • Ted Tannehill, Member and Communications applications for events Services Questions regarding joining a Section • Dawn Phoenix, Law Practice Services • Leslie Garwood, Law Practice Services Sedion··News.lellers Section Newsletter submission and deadlines • Amanda Kohlman, Publications Coordinator Inquiring about publication policies and general • Amanda Kohlman, Publications Coordinator questions Website, Group Pages Developing your section and committee group • Meg Wickham, Member and Communications pages Services Director • Danielle Hall, Law Practice Services Director Inquiries regarding how to post information to • Meg Wickham, Member and Communications section or committee page Services Director • Danielle Hall, Law Practice Services Director Foundation
How to become a fellow or questions regarding • Anne Woods, Public Services Director your current pledge level
Questions regarding IOLT A • Anne Woods, Public Services Director Scholarship and Grant Questions • Anne Woods, Public Services Director
4 KANSAS BAR ASSOCIATION SECTIONS STAFF LIAISON LISTINGS
The Association staff will be pleased to help you throughout the leadership year. Below you will find a listing of your designated staff liaison assigned to your committee or section.
SECTIONS STAFF LIAISON CONTACT INFORMATION Administrative Law Dawn Phoenix [email protected] (785) 861 -8811 Agricultural Law Leslie Daugharthy [email protected] (785) 861 -8837 Alternative Dispute Resolution Dawn Phoenix [email protected] (785) 861 -8811 Appellate Practice Dawn Phoenix [email protected] (785) 861 -8811 Bankruptcy & Insolvency Law Dawn Phoenix [email protected] (785) 861 -8811 Construction Law Leslie Daugharthy [email protected] (785) 861-8837 Corporate Counsel Leslie Daugharthy [email protected] (785) 861 -8837 Corporation, Banking & Business Law Leslie Daugharthy [email protected] (785) 861 -8837 Criminal Law Dawn Phoenix [email protected] (785) 861 -8811 Elder Law Leslie Daugharthy [email protected] (785) 861-8837 Employment Law Dawn Phoenix dphoenix~ 1>-ksbar.org (785) 861-8811 Family Law Dawn Phoenix dphoenix~ 1>-ksbar.org (785) 861 -8811 Government Lawyers Dawn Phoenix dphoenix~ ~ksbar.org (785) 861 -8811 Health Law Leslie Daugharthy [email protected] (785) 861-8837 Immigration Law Dawn Phoenix [email protected] (785) 861 -8811 Indian Law Dawn Phoenix [email protected] (785) 861 -8811 Insurance Law Dawn Phoenix [email protected] (785) 861 -8811 Intellectual Property Leslie Daugharthy [email protected] (785) 861-8837 Litigation Dawn Phoenix [email protected] (785) 861-8811 Oil, Gas & Mineral Law Dawn Phoenix [email protected] (785) 861 -8811 Real Estate, Probate & Trust Leslie Daugharthy ldaugharthy( g ksbar.org (785) 861-8837 Solo & Small Firm Leslie Daugharthy ldaugharthy( g ksbar.org (785) 861-8837 Tax Law Leslie Daugharthy ldaugharthy !flksbar.org (785) 861-8837 Young Lawyers Leslie Daugharthy ldaugharthy~!flksbar.org (785) 861-8837
5 KANSAS BAR ASSOCIATION LEGISLATIVE POLICY & PROCEDURE
GENERAL STATEMENT OF LEGISLATIVE POLICY
A. Scope of Legislative Involvement - The Kansas Bar Association may involve itself in legislation that is significant to the fundamental legal rights of the public generally, of which impacts the legal profession, the judiciary or the administration of justice. B. Adopting a Legislative Program - Except as otherwise authorized, the Board of Governors of KBA or its Executive Committee shall be responsible for the development and adoption of the KBA's Legislative Policy and shall make all final decisions on all legislative matters. This responsibility shall include, but not be limited to, setting policy, determining legislative proposals or other matters to be sponsored, approved, proposed or opposed and determining legislative priorities for each Kansas legislative session, and/or the appropriate session of Congress. C. Public Positions by Sections and Committees - Unless authorized by the Board of Governors or Executive Committee, individual Sections and committees of KBA and their members shall not publicly assert a position on any legislative issue, bill, or proposal which purports to be the position of the KBA or of any such section or committee as a part of the KBA, regardless whether the position pertains to state or federal legislation. Sections and committees may communicate information or positions on public policy issues to Congress or the Legislature if the KBA has no contrary position on the issues, so long as such communications are provided to the KBA in advance and are clearly identified as representing Section or Committee views only. Legislative Procedures A. Who May Submit Legislative Proposals - Sections, committees, individual members of the KBA and local bar associations who want the KBA to sponsor or oppose specific legislation, either state or federal in scope, may submit a proposal to the KBA for consideration. B. How Legislative Proposals Are Submitted - All legislative proposals submitted shall be directed to the Chair of the Legislative Committee or to the Director of Legislative Services at the KBA office. All such legislative proposals should be in writing and include the following:
1. A description of the problem to be remedied; 2. The existing state or federal laws which would be affected by the proposal, and whether the proposal would repeal or supplement such laws, and a brief description how such change or repeal would operate;
3. A brief recommendation as to the proposed language of the legislation and proposed KBA supporting rationale.
4. Since proposals dealing with substantive areas of law are reviewed by the appropriate KBA Sections, which then makes recommendations to the Legislative Committee, please indicate which KBA Section you would recommend to review your proposal. C. Action on Proposals - All legislative proposals should be received by October 1. Proposals will be acted upon as quickly as possible, and you will be notified thereafter.
Send Legislative Proposals to: Mr. Joseph N. Molina Ill, Director of Legislative Services Kansas Bar Association 1 200 SW Harrison Topeka, KS 66612 Telephone: (785) 234-5696 /Fax: (785) 234-3813/ E-mail: [email protected] 6 ROLE OF THE DIRECTOR
The Kansas Bar Association's Director of Legislative Services (DLS) performs two equally important functions for members of the Association: (1) ADVOCATE and (2) INFORMATION PROVIDER.
1. As an ADVOCATE, the Director of Legislative Services presents to any official body or entity all positions adopted by the Kansas Bar Association on legislative or administrative matters. To this end, the Director of Legislative Services has primary responsibility for organizing and directing the lobbying effort of the KBA. The DLS lobbies for the passage of all legislative and administrative proposals or positions adopted by the KBA's Board of Governors. These legislative or administrative proposals originate with Association sections and committees and, if adopted by the Board, become part of the Association's Legislative Agenda. The procedural rules governing the adoption of positions by the Association can be found on the legislative page of the KBA website. The Association also endorses legislation sponsored by others or opposes legislation which a section or committee, with the approval of the Board of Governors, believes is not in the best interest of the bench or the bar. Legislation that has been introduced by others but receives the endorsement of the KBA traditionally has been legislation designed to improve the administration of law and access to justice in Kansas. The procedural rules for taking a position in favor of or in opposition to legislation can also be found on the legislative page of the KBA website.
2. As an INFORMATION PROVIDER, the DLS provides information to members and legislators about pending legislation that may be of interest to an Association section or committee or of concern to the public, the bench or the bar as a whole. The DLS carefully reviews each bill introduced to the Kansas Legislature. Then, along with attorneys practicing in the areas of law the bills address, bills are identified that may be of interest to practicing attorneys. Bills of interest are then followed closely throughout the legislative session. Prior to each legislative session the DLS publishes a Legislative Outlook article in the KBA Journal. The article outlines the probable initiatives that affect legal interest throughout the state as well as identifies lawyers who are serving as legislators. At the end of each legislative session, the DLS publishes the Legislative Wrap-Up, which summarizes all bills tracked and ratified by the Kansas Legislature during the legislative session. This allows members to receive timely notice of significant changes to Kansas laws. In addition, the DLS serves as a CLE presenter by traveling across the state to meet with KBA members to discuss the legislative session and inform local bar association about changes to Kansas law. To further provide information to Association members, the DLS publishes a weekly email that tracks legislation during the Kansas Legislative Session. These emails are sent to all KBA members and contain information on any issue worked on during that week. The KBA Advocate (formally Oyez Oyez) email updates are archived by year and available to KBA members.
7 KANSAS BAR ASSOCIATION LEGISLATIVE POLICY GUIDE
Administration of Justice
Issue: Uniformity of docket fees.
KBA Position: The Kansas Bar Association supports a uniform docket fees as imposed by state government.
Explanation: Since docket fees are placed in the State General Fund, there is a trend among lawmakers to seek higher docket fees to fund a variety of pet projects for which separate general fund appropriations are not made. In recent years those projects have included funding of juvenile jail facilities, law enforcement training center construction, and even rural emergency medical services.
The appropriate use of money collected from docket fees, fines and forfeitures is to partially fund the judicial system. The remainder of the judicial budget should come from the state general fund because of the important role the judicial system plays in government. The KBA believes that since docket fees go to the general fund, the general fund should provide salaries of judges and judicial personnel. Increases for salaries should come from the general fund without a corresponding increase in docket fees.
We oppose use of docket fees for any non-judicial or other purpose not supportive of the judicial branch. We oppose increases in Chapter 61 filing fees for judicial salary purposes, since that would be an indirect tax on the business community for a program all Kansans should support through general taxes. In addition to being a cumbersome means of addressing the need for more state revenue, allowing the judicial branch to levy docket fees and fines as a means of generating revenues to support non-judicial programs may be a delegation of legislative taxing power to the courts in an improper and perhaps unconstitutional manner.
Issue: Diversity jurisdiction.
KBA Position: The Kansas Bar Association opposes modification or abolition of diversity jurisdiction in the federal courts of the United States.
Explanation: Federal diversity jurisdiction is granted pursuant to Article Ill of the United States Constitution. The sole reason for limiting such jurisdiction is to reduce the case load of the federal courts. The purpose of the constitutional clause, however, and the federal statute, is to promote justice, regardless of how hard the courts must work or how many new judges must be added. Uniformity of the enforcement of law is the polestar of a democratic system of justice.
To expect state courts to uniformly interpret hundreds of laws from other jurisdictions is unreasonable. Proponents of abolishing diversity jurisdiction contend it will save the government $8.8 million by sending 45,000 cases into state courts. However, overloading the state court systems causes an increase of expenses to state taxpayers and litigants. It requires more judges and more local court expenses. Federal judges in Kansas are often better staffed than state judges. To off-load some of the federal caseload onto state judges works an inequity on the state court system.
Issue: Civil Liability for Shoplifting by Minors.
KBA Position: The Kansas Bar Association opposes creating civil liability for the parents for minors who shoplift.
Explanation: The 1993 legislature enacted a civil penalty law against adult shoplifters, allowing merchants to collect damages, penalties and attorney fees and costs without need of a criminal conviction. It was intended to move
8 shoplifting cases out of prosecutorial arenas and into the civil damages arena because, the business community alleged, shoplifting was not the sort of crime that had a high priority among prosecutors.
The 1998 legislature saw an attempt by the business community to expand 1993 policy by making parents responsible for the civil fines and penalties for the shoplifting of their minor children. This is a well-intentioned law that would be a nightmare on the courts.
First, the law makes a parent responsible for the actions of the child. Most of these children know what they are doing, and unless committing the act at the request of the parent, do so without the parent's knowledge. We do not foster personal responsibility by making parents responsible for shoplifting of teens. In fact, since no criminal action against the minor is required before suing the parent, the merchants can make parents liable without subjecting the whole allegation to the safeguards of the criminal justice system, including proof beyond reasonable doubt.
Second, the law does not define who is a "parent" under the act. Does the phrase include custodial parents only, noncustodial parents, grandparents, or step parents? Are grandparents who ore parenting the child in the absence of the real parents be relieved of liability because they are not a biological "parent." What if an uncle is raising the child? Or the child is staying with an uncle in Kansas but actually lives in Missouri? Murphy's law, when applied to legislation, is that it is always the unintended consequences of legislation that finds its way into law books.
Third, the bill is not about parental accountability. Even good kids get caught up with a bad crowd. The key is whether there is a pattern of misconduct. Under the proposal, even model students would sock the parents with the costs, even if a parent takes all suitable precautions. If parental accountability is truly the purpose of the bill (and not merchant reimbursement), then the proposal should allow judges to suspend collection of shoplifting judgments so long as the parent makes sure the child does not shoplift again. Otherwise good, successful parents are treated like everyone else.
Fourth, the law ignores the realities of peer pressure. What if a 17-year-old gets a 14-year-old to shoplift, and the younger teen is caught. Are the parents of the 14-year-old the only ones responsible to the merchant? Do the 14-yeor old's parents have the right to cross-claim the other child's parents to set true accountability?
Fifth, under the proposal civil damages can be assessed against the parents even if the merchandise is recovered undamaged, and can still be marketed.
Sixth, the bill allows assignment of the "claim" for shoplifting from the merchant to another entity, probably a collection agency. This would promote a new cottage industry for collection agencies and collection lawyers, but how does that promote parental accountability? Ironically, the less responsible the parent is -- the more the child shoplifts -- the more money the collection industry makes. They have no incentive to work with parents on teen accountability. Nor do they have any reason to compromise a claim. The negative impact of this bill is on our court system.
Current statutes impose penalties and attorney fees on collection of bad checks and allow a similar civil collection system. If history is a guide regarding bad check laws, thousands of new shoplifting civil cases will be thrown onto the court dockets without any additional financial assistance for the system. Even though these cases generate new court costs, most of that goes to the state and is spent on non-judicial budget, even though the state has to pay the court's personnel costs. New judges are not created for implementing this bill or for the thousands of bod check cases already in the system. Courts are simply told to do more with less. A civil shoplifting bill for minors will generate a whole new set of problems.
Finally, these acts con be brought in small claims court, where parents who want to hire attorneys cannot do so. If businesses appear in that court represented by laypersons, they are engaged in the unauthorized practice of law.
Proponents argue that the civil liability for shoplifting of minors is no different than the bad check law implemented several years ago. There are in fact major differences. The bad check law impacts adults, not minors, because most minors do not have checking accounts. Further, the purpose of the civil liability for worthless check law was in part to get away from criminal prosecutions for bad checks where defendants would pay hundreds of dollars for legal representation on small checks. To insure that enforcement was high, while potential defendants avoided criminal liability for worthless checks, the civil system introduced strong penalties and attorneys fees to the retailer for the check collection process.
9 This tradeoff is not present in the shoplifting proposal when applied to parental responsibility for their minor children. Ordinarily parents are not criminally liable for the shoplifting of their minor children unless the parent orchestrated the crime. Yet the proposed law imposes civil fines and penalties, and attorneys fees, on the parent, based on the theory that was present in the worthless check statute. The check law and this proposal have dissimilar backgrounds.
For all these reasons, the KBA opposes this sort of legislation.
Issue: Parental Responsibility Laws
KBA Position: The Kansas Bar Association opposes further expansion of the statutory limits on parental responsibility lor the willful acts of their children.
Explanation: As a general rule, in the absence of a "special relationship" there is no duty on someone to control the conduct of a third person to prevent harm to others. A special relationship may exist between parent and child, master and servant, the possessor of land and licensees, persons in charge of on~ with dangerous propensities, and persons with custody of another. Washington v. State, 17 Kan.App.2d 518,839 P.2d 555,558 (Kan.App. 1992)
KSA 38-120 was originally enacted in 1959 primarily for the benefit of governmental entities in combating acts of vandalism perpetrated against schools and other governmental property. Using the special relationship between parent and child, the original act limited recovery to $300 but property damage and did not require proof of parental neglect. Over time, amounts increased and the statute was amended to provide for maximum recovery of $5,000.00 unless the property damage resulted from parental neglect. However, the statute has never allowed damages for pain and suffering damages.
Parental responsibility laws make good discussion, but in reality create more thorny legal problems than they are worth. Should parents be held liable for entrusting a teenager to a negligent uncle and the teen then destroys a third party's property? Who is at fault -- the parents or the uncle? Our court, in 1973, refused to extend the doctrine of imputed negligence to nonparents. That court's wisdom bears repeating here:
We have noted the decisions of this court pointing out that imputed negligence is a fiction of the law not favored by the courts. It seems clear to us that in any situation the only logical basis for the imputation of the negligence of one person to another is the right of the latter to control the acts of the former. If the doctrine of imputed negligence ever had any validity in parent-custodian situations, it should not be applied today in a world of working mothers and the universal use of babysitters. Schmidt v. Martin, 212 Kan. 373, 377-378 (1973)
In short, holding parents liable when they are not in direct control of, and capable of supervising and controlling, their children's activities does not make logical sense in an era when the concept of "personal responsibility" is what we try to teach our children. Expanding the ability of plaintiffs to hold parents accountable -- as the proposed bill does - does not make sense.
The legislature, at the behest of the business community, has done by statute what the common law refused to do - make parents financially liable for part of a plaintiffs damages caused by the actions of children solely because of the parent-minor child relationship. For this reason, the Court has narrowly interpreted KSA 38-1 20 to apply only when the plaintiff can prove both the intent of the children and the resulting act of the children are "willful" or "malicious." Ordinary negligence of children is not actionable under the statute. Hanks v. Booth, 240 Kan. 30 (1986). Making the statute unlimited as to damages will not necessarily make it easier to make parents liable. Further, many insurance companies currently list children of the parents as "insureds" under homeowner policies and thus reject coverage for intentional acts of the children that damages other persons. This leaves parents statutorily liable for damages caused by their children but without the ability to buy insurance coverage for clearly unintentional "parental neglect" on their part. Such laws are certainly not family-friendly. No other segment of society is left without such insurance. Employers who are liable for the intentional acts of their employees can at least insure against negligence and punitive damages. KSA 40-2,115 allows punitive damage insurance if the actions arise from the insured's "employees, agents or servants." That does not apply to parent-child situations. Thus parental homeowner insurance need not insure against punitive damages.
These laws are inconsistent with other state policy. Other claims alleging negligent supervision for "other" types of defendants have met with negative results. In Beshears et al v. USD 305, 261 Kan. 555 (1997), our Court ruled that a
10 School District is not liable for negligent supervision when one student assaults and injures another student at school. Under KSA 38-120, however, the parents of the attacker could be held liable but the school is absolved of any responsibility for student safety. If the concept of liability of parents comes from the duty parents have to "control" the child, this sort of anomaly makes no sense. Why should parents be held liable for the inability to control their child and schools not be?
The amendments to 1998 HB 2195 make it unclear as to what "damages" can be sought under the statute. Is it intended that pain and suffering be allowed if there is bodily injury? Con the parents be sued for lost time from work?
Finally, parental responsibility laws are anachronisms that were enacted prior to the doctrine of comparative negligence found in KSA 60-258a. KSA 38-120 allows the court to impute the negligence of the child to the parents, while not allowing the parents to compare their negligence with that of the defendant's for perhaps maintaining an attractive nuisance.
The answers to these problems is not to make damages unlimited in these sorts of actions, which due to fractured and narrow insurance laws may leave parents with unpayable debts. The answer lies at society helping parents be better parents in difficult times through a variety of new resources.
Issue: Use of Docket Fees
KBA Position: The Kansas Bar Association supports modification of our distribution system of docket fees to include only court-related funds.
Explanation: In the early 1990s, a small portion of the docket fee was earmarked, statutorily, for use of the Emergency Medical Services fund. Meanwhile, general fund budgets supporting judicial branch programs, judicial education and travel budgets, and other judicial-related programs languished or went unfunded. Most of the docket fees come from residents and businesses in the ·five largest counties. To "tax" these citizens with a judicial branch user fee to further what clearly is a vital executive branch service and, in this case, may be used for emergency medical service in unrelated areas of the state, is an improper use of the docket fee, and may border on delegation of legislative taxing authority to the judicial branch.
While raising docket fees is more popular than using sales and income tax revenues for various programs, if such programs hove statewide appeal but do not significantly impact the judicial branch, the general fund is the appropriate source for funding. Special funds not controlled by the judicial branch or in furtherance of judicial branch operations should not be allowed to share in docket fee revenue.
Issue: Residency Requirements of District Magistrate Judges.
KBA Position: KBA supports legislation that makes the residency requirement ol district magistrate iudges the same as district judges.
Explanation: Under our law, if a district judge position becomes vacant by death, resignation or retirement and no attorney in the county where the vacancy occurred wanted appointed to the vacancy, attorneys willing to move to that county on or before their date of appointment could take the position. District magistrates, however, are not subject to this residency requirement. We believe the magistrates vacancies should be treated like other judicial vacancies.
Eleven of the DMJs in Kansas are law-trained. If the DMJ residency requirement were like district judges, then more lawyers may decide to move and toke such a position.
Issue: Sales tax on aHorney's fees.
KBA Position: The Kansas Bar Association opposes sales or gross receipts tax on professional lees and services unless applied to all professionals.
Explanation: A soles tax historically has been imposed upon the sale of goods, not fees for services or professional services. If public policy deems it desirable that a soles tax be imposed upon fees for services and especially
11 professional services, the KBA believes it should be imposed on all service industries, and as for professionals on all professions allowed to be incorporated as professional associations pursuant to K.S.A. 17-2707(b), not just attorneys. In addition, it should be imposed on all businesses which charge for services performed as barbers, beauty shops, etc., who do not now collect a sales tax.
The regulation of such a tax, we believe, will prove foolhardy. There will be major advantages for larger businesses who hire lawyers and CPAs as employees versus small business which must privately contract such services. Interstate collection of the tax is difficult and with regard to attorneys, attorney-client confidences could be breached by tax audits.
Most legal fees in Kansas come from the small business community, so the tax on lawyers is primarily a business tax collected by lawyers.
Issue: Mandatory Legal Malpractice Insurance.
KBA Position: KBA opposes mandatory insurance lor professionals as a condition of licensure.
Explanation: While Kansas health care providers are required to carry malpractice insurance in order to practice medicine, recent problems with medical malpractice insurance available should give legislators reason to consider the problems that arise from mandatory professional liability insurance.
Most Kansas lawyers carry malpractice insurance. Oregon, the only state which currently mandates lawyer malpractice insurance, has a unified bar (as opposed to a voluntary bar association) and a lawyer-owned insurance company. At times Kansas has been a two-company state for legal malpractice insurance. Without other options available for malpractice coverage, a mandated program would leave Kansas lawyers without any commercial insurance coverage. Further, lawyers in a tight private market may have the requisite insurance on a portion of their practice which is a minor portion of their clients, yet be unable to secure insurance on the more important aspect of their practice.
The Kansas Supreme Court, as a condition of maintaining a license to practice law, could make a rule in this arena if it felt it was so justified. We believe leaving this decision to the Judicial Branch is better option, since it affects the terms and conditions under which a person practices law.
Issue: Expansion of small claims jurisdiction.
KBA Position: The Kansas Bar Association opposes further expansion of small claims ;urisdiction, both as to iurisdictional amount or the number ol times it may be used.
Explanation: Small claims court originally was intended to allow individuals to resolve disputes with a minimum of time and cost. Expansion of jurisdictional amounts and usage of the act has allowed the business community a usage which was not originally intended.
Inequities develop. For example, attorneys use small claims court to sue for attorney fees owed, a situation where the defendant is not represented by law-trained counsel. Or businesses can send full-time employee-attorneys into court to handle collection matters and prohibit defendants from acquiring counsel. Some corporations send non-lawyer representatives into court on the corporation's behalf, which is the unauthorized practice of law. Such illogical unfairness is a natural consequence of expanding the Small Claims Procedure act and therefore should be opposed by the organized bar.
Issue: Judicial Budget Issues.
KBA Position: KBA generally support all iudicial branch budgets necessary to protect the right ol meaningful access to the courts.
Explanation: The adequacy of judicial budgets is an annual problem and an important issue for all members of the Bar. Inadequate funding in recent years has led to delay in filling positions in district court clerks' offices.
12 In 1999, legislation was introduced that allowed the Office of Judicial Administration to submit the Judicial Branch budget directly to the legislature without going through the budget division of the Department of Administration. The Judicial Branch is the only branch of government which does not submit its budget directly to the legislature. Thus, it has two hurdles -- the first to the Budget Division and the second to the legislature itself. Instead of making decisions of what is the wisest use of resources at the judicial branch level, the legislature makes decisions based on what will stay within the executive branch recommendations for the judicial branch. We believe enactment of this new legislation would be a better budgeting basis for the Judicial Branch.
In addition, it is constitutionally possible to include an appropriation provision in a policy bill. We believe that internal legislative policy can be amended so that, absent a two-thirds vote, all bills impacting judicial branch operations or affecting crimes, criminal sentencing, criminal procedure, or civil procedure, requires the legislature to include a separate item of appropriation with the policy bill itself. Such a change in procedure is the easiest way of insuring that lawmakers know the cost of new ideas affecting the judicial branch, and forces them to pay as they go.
Additional programs given to the judicial branch to administer without adequate funding for new requirements on that branch end up depleting resources in other areas. A judicial branch inundated with criminal matters cannot expeditiously get to the civil docket either. All citizens, but especially the bar, should support adequate funding of the judicial branch budget.
Administrative Law
Issue: Judicial Enforcement of Agency Actions.
KBA Position: The Kansas Bar Association supports expansion of the Act for Judicial Review and Civil Enforcement of Agency Actions to other local units of government.
Explanation: One of the keys to the proper functioning of the Administrative Procedures Act is the concept of judicial review of such agency actions. Legislation to standardize the appellate process from administrative decisions of local units of government is a logical development of Administrative law in Kansas. The concept only extends to the appellate review procedures of agency actions of local units of government; it does not extend the Administrative Procedures Act itself to local units.
Issue: Central hearing oHicers, Kansas Administrative Procedures Act.
KBA Position: The Kansas Bar Association supports the creation of a central office for administrative law judges within some state office.
Explanation: When the original Kansas Administrative Procedures Act was enacted, the KBA gave it unqualified support. One of the keys to the proper functioning of the Administrative Procedures Act is the perceived fairness of administrative hearing officers. Many agencies under KAPA jurisdiction have their own procedures and appoint their own hearings officers, many from the staff of the agency itself. It is hard for litigants who have an agency appeal to believe the process is fair when the hearing officer is a paid employee of the Secretary or agency head whose decisions are being appealed. Nevertheless, in 1984, the requirement for a central independent hearing office was removed from the act.
In 1997, in SB 140, late amendments to the bill required creation of a central hearing officer office within the Department of Administration. The requirements take effect July 1, 1998. Legislation to decide where the central facility would be located is under discussion in the 1997 interim and during the 1 998 session.
We believe incorporating this new requirement into KAPA would increase the perceived fairness of the act without interfering with the quality of hearing officers employed by the agencies.
While we believe the creation of a centralized entity for hearing officers is desirable, we are not wedded to doing so within the Department of Administration if another agency were better suited for that purpose. We do believe that uniformity of those agencies who fall under KAPA procedures is desirable and that if any agency is allowed by the legislature to be exempt from this centralization requirement that such exemption be allowed only on a showing of highly unusual circumstances and extremely compelling reasons justifying the exemption.
13 Issue: Judicial review of administrative decisions.
KBA Position: The Kansas Bar Association supports the traditional concept of judicial review of administrative clecisions.
Explanation: Our system of government requires checks and balances. The Administrative Procedures Act received unqualified support from the KBA in 1984. It is also necessary to maintain appropriate checks and balances on the executive. This is done in our law through the concept of some level of judicial review of all administrative decisions.
Issue: Competitive bidding for legal services contracts awarded by governmental entities.
KBA Position: The KBA opposes the enactment of laws that require the awarding of legal services contracts by the State of Kansas or any other governmental entity on the basis of the lowest bid.
Explanation: One of the long-standing principles of the attorney-client relationship is the ability of either party to freely enter into the relationship and to terminate the relationship. Requiring governmental entities to use competitive bidding and hire low bidders substantially interferes with this principle. Quality work and workers may or may not cost more, but the client should be free to make that choice, including the choice to sacrifice quality for cost. Such a policy change could also lead to situations where the governmental entity is represented by counsel that is not adequately qualified to represent the client but who is the low bidder. Furthermore, normal court process may be interrupted by the need for the governmental entity to go through a lengthy bidding process.
The KBA supports the development of guidelines regarding the hiring of counsel of governmental entities. Criteria for hiring might include consideration for experience or expertise of the attorney of for the immediacy of a given situation. Fees of counsel should always be reasonable under applicable ethical standards.
(Adopted 3-3-00)
Alternative Dispute Resolution
Issue: Binding arbitration in tort.
KBA Position: KBA prefers the current law or some form of mandatory ADR prior to litigation, but not binding arbitration in tort law.
Explanation: The Uniform Arbitration Act, KSA 5-401, provides that agreements to arbitrate disputes are binding except for contracts of insurance, employment contracts and provisions of a contract providing for the arbitration of a claim in tort.
Repeal of the exception for tort cases would allow professionals, including lawyers, to require disputes over professional services be submitted to binding arbitration if negligence occurs.
The common-law rule developed in Kansas prior to the enactment of the KUM is that "either party may revoke the arbitration agreement at any time prior to the making of an award, even where the parties have entered into an express agreement not to revoke." City of lenexa v. C.l. Fairley Constr. Co., 245 Kan. 316, 321-22, 777 P.2d 851 ( 1989). In City of Beverly v. White, Hamele & Hunsley, 224 Kan. 386, 389, 580 P.2d 1 321 ( 1978), the court held that where "statutory arbitration is not available, arbitration agreements are governed by the common-law rule which permits either party to revoke an agreement to arbitrate at any time prior to the time an award is signed by the appraisers and served on the party."
The Kansas Supreme Court has held the Federal Arbitration Act (FAA) preempts state laws limiting the use of the federal act, including 5-401 (c)(3) exemptions, when the subject of the contract involves interstate commerce. In some instances the state exception is abrogated by federal law. Skewes v. Shearson lehman Brothers, 250 Kan. 574, 824 P.2d 874,879 (1992)
It appears in interstate commerce cases where federal law applies, the state exception already is limited. We do not see utility in having run of the mill tort cases settled by binding arbitration. Some insurance cases would preempt the limitation anyway and it would be applied primarily in professional malpractice actions.
14 We believe binding arbitration of a tort claim between two competent parties is something better left for a contract.
Issue: Pre-litigation ADR
KBA Position: Because of the delicacy of the issues surrounding this topic, the Litigation and ADR Sections of the Bar should review such topics.
Explanation: Obviously such a proposal imposes a new layer of time and expense to all parties to litigation who end up using both ADR and judicial resources. The hope, however, would be that many claims would phase out after on ADR decision and the overall costs would even out. If there is on advantage on speed with which claims can get resolved early, insurance companies believe it costs them less, overall, if disputes are handled this way. One question, unanswered, is whether this program would be cost-effective for insurers, thus holding down overall insurance premium costs. Insurers generally believe that if they con resolve a claim as quickly as possible, by whatever means, they save money overall.
The KBA litigation Section is exploring an expedited civil case management system, similar to limited Actions Court, for "small" tort cases. A jurisdictional amount of damages would hove to be determined. Discovery would be limited, and trials held to a judge only. On this "fast track," ADR techniques may work. But more study is needed.
Corporations & Business Entities
Issue: CPA balance sheets for business trusts.
Position: KBA supports repeal of the requirement of a certified CPA balance sheet for business trusts.
Explanation: KSA 17-2030 requires the filing of a business trust's balance sheet, certified by a certified public accountant within 60 days prior to the filing, reflecting the trust's assets and liabilities.
This 1961 low has seen only one appellate case involving the statute. In it, the stated purpose of the statute was "to regulate business trusts in a manner which parallels in almost every particular the legislative regulation of corporations." If that is the purpose, then the statute needs amending to remove the requirement of the CPA balance sheet submission, since such submissions ore not required by law of corporations.
It is difficult for business trusts to get a balance sheet certified by a CPA within sixty days before filing the sheet with the Secretary of State's office. Business trusts do not oppose filing the sheet. It is the sixty day CPA-requirement that is the concern. It should be sufficient that the balance sheet be certified by a trustee of the business trust. Foreign corporations must include a balance sheet to register with the secretory of state. They are required to file balance sheets to register with our office.
Issue: Registered Agent filings.
Position: The Kansas Bar Association supports amendment of the registered agent law to eliminate the need for listing a county.
Explanation: KSA 17-6002(o)(2) requires the registered agent's office to be specifically listed on the addresses given in a corporation's articles of incorporation, and the statute requires listing the "county" as well as the street address. Articles which do not make such designation ore technically defective and must be returned to the filer for correction, a time consuming process if that is the only technical problem. The listing of a street address of the registered agent is sufficient for the purpose of agent filings. We support such change.
Issue: Fax filings of business documents.
Position: The Kansas Bar Association supports amendment of the Limited Liability Company code to allow lax filings without need of follow-up paperwork.
Explanation: Many areas of Kansas law allow facsimile filings of important corporate or business documents with the Secretory of State's office. Typical of such filings is KSA 17-6003a, which allows the dote and time of the fox filing to
15 be effective if the document is appropriately created and filing fees are paid, so long as the original paper instrument is filed with the secretary of state's office by moil within seven days. While this paper follow-up was important in the early days of facsimile filings, technology is moving ahead and in the 21st century when we ore rapidly moving to electronic filings of income taxes and other important documents in the business world, the paper follow-up requirement merely serves to waste paper and postage. The Delaware and other corporation codes ore now allowing the fox filing itself to be sufficient evidence of the dote and time of filing if otherwise meeting the requirements of low and the fees ore paid.
We believe Kansas law should be moving in that direction. Providing this change in our low for fax filings of limited liability companies' documents is an important first step.
Issue: A new match-up limited liability company code.
KBA Position: The Kansas Bar Association supports legislation to enact a Delaware-based Limited Liability Company code.
Explanation! Kansas con claim one of the first limited liability Company codes in the notion after the concept was approved in Treasury Deportment regulations. The original Kansas statute was adopted before Delaware took any action and before Delaware became a leader in the effort to obtain wide acceptance of llCs. Since that early adoption, the limited liability company has developed dramatically. The Internal Revenue Service has recognized the llC as a viable form of organization with the tax attributes originally sought by its drafters. All 50 states now have an LLC statute. Since adoption by Kansas, our act has been modified on several occasions. Single member llCs and check a-box taxation concepts were adopted in 1998. In each case, the provisions tracked the Delaware llC code, often verbatim.
A KBA study group recommended to the Board, and the Board of Governors adopted, a proposed revamp of the llC code which tracks the Delaware code for the most part but varies from that code when (1) the policy of Kansas is reflected in its corporate code and varies from Delaware policy; (2) the Kansas civil procedure low varies from Delaware, or (3) the Kansas legislature has previously borrowed and altered a Delaware provision.
The changes the new act include but are not limited to! ·· New definitions for "majority in interest" and "operating agreement" and keeps the requirement in Kansas that an llC must use an operating agreement; ·· Members or managers can enter into credit transactions with the LLC and those transactions remain credit transactions; ·· managers, members, officers, employees and others may obtain indemnity from the LLC. ·· Dispute resolution provisions for managers and the LLC; ·· District courts may hear disputes involving LLCs; ·· Allowance of certificates of amendment; ·· Allowance of a one-step dissolution process; ·· Fax filings of governing documents with the Secretary of State will be effective upon receipt without filing an original of the document. ·· New member provisions are added; ·· Multiple classes of ownership interests and voting rights are added; ·· Proxy voting is allowed; ··Bankruptcy provisions for "member interests" are enacted; ·· New provisions on right of access for members to llC records, trade secret disclosures, .remedies for breach of the llC obligations, etc; and, ·· Provides for determination who qualifies as a manager.
While there is a uniform llC code, it has not been adopted by a majority of states. The Delaware code, being the model for most states, gives Kansas a great deal of case law to help interpret the provisions of the Code, and we thus believe the Delaware code is a better model for Kansas.
Issue: Dual filing requirement of incorporation records.
KBA Position: The Kansas Bar Association supports general legislation that conforms the Kansas corporation code to that of Delaware, and especially to eliminate the requirement of duplicate filing of corporate records in the county register of deeds offices.
16 Explanation: The 1998 legislature enacted a law that ended dual filing requirements of corporate documents with the Secretary of State and the Register of Deeds of the host county. Further examination of the statutes indicates other statutes which should be changed in that manner for conformity to this 1998 public policy change. We believe duplicate filing requirements should be repealed and one central filing of corporate and other entity documents be all that is statutorily required. The logical central filing agency is the Secretary of State's office.
Issue: Should financial institutions be allowed a statutory aHorney fee in collection lawsuits.
KBA Position: The Kansas Bar Association supports limited change to an 1873 statute limiting attorney fees in debt collection matters.
Explanation: Since shortly after statehood, Kansas statutes have denied financial institutions the statutory right to collect a reasonable fee for their attorney when foreclosing mortgages, notes, and other evidences of debt. Kansas law holds that the legislature may allow attorneys fees to be paid by the losing party in such situations as the lawmakers deem just. Otherwise, the American rule is in place. While financial institutions have a point, they do not also desire the law to read that those persons or businesses successfully suing a bank should also have an attorney's fee.
The KBA supports the American Rule regarding attorneys fees, which denies attorney's fees to a prevailing party in a lawsuit unless expressly allowed by statute or contract. The KBA supports the rights of parties to provide by contract that attorney's fees may be recovered in a lawsuit except when the legislature determines for public policy reasons that fees should not be allowed in a particular situation, such as lawsuits over consumer loans and residential mortgages.
If the legislature considers amendment to KSA 58-2312, the KBA believes that the statute should be amended to limit contracts for the payment of attorneys fees in consumer transactions, and then define consumer transaction to mean "any loan, credit sale or lease where the debt or obligation is incurred primarily for a personal, family or household purpose, or the debt or obligation is secured by a single family dwelling."
Issue: Contemporaneous Notice of Garnishment
KBA Position: The Kansas Bar Association supports contemporaneous notice of garnishments.
Explanation: The collection bar is concerned that litigation may soon require notice to the debtor before garnishment is allowed. This is being raised as a due process issue, allowing the debtor the right to request a hearing after the garnishment has attached but before the garnishment order is given.
The collection bar has recommended legislation, such as 1996 SB 707, to provide for a means of notice to the debtor of the fact of the garnishment sufficient to allow the debtor to validly contest the garnishment, if warranted, but not such notice as to allow the debtor to evade the garnishment. Unresolved issues have focused on who should give the notice - the collection attorney, the court clerk, the garnishee business or employer, or the sheriff's office. KBA supports these general efforts to provide debtors with a contemporaneous notice of garnishments. (Renewed 11-30-01)
Criminal Law
Issue: Expansion of misdemeanors into felonies without requiring criminal intent.
KBA Position: The Kansas Bar Association opposes creating felony crimes without requiring intent.
Explanation: Driving under the Influence of alcohol (DUI) is a problem for society. Various organizations perennially wont stiffer controls on the problem. 1999 SB 195, introduced by prosecutors in order to help combat DUis, would essentially make it aggravated battery to cause great bodily harm to another person while under the influence of alcohol. The offender's intent would not control the severity of the crime. Rather the result of the accident would determine whether the defendants were charged with misdemeanor DUI or the serious felony of aggravated battery.
17 Serious felonies have always required some proof of intentional or highly reckless activity where the acts were "inherently life threatening." SB 195 would allow "unintentional" acts and "attempted DUI" to be the predicate for a serious felony where a convicted person loses significant civil rights the remainder of his or her life.
This is part of a disturbing trend of making important felony crimes out of the "feelings of the victim" after the act or the results of the act rather than the traditional concept of punishing an accused for an evil act. [See the definition of date rape in KSA 21-3502 (a)(1 )(C).]. Adding unintentional conduct crimes into the list of serious felonies will snare many more persons into the harshness of prison life than ever before. For example, newlyweds on their way to their honeymoon who have had one drink at the reception (attempted DUI) and who are in an accident that disfigures the bride, the husband gets to spend the first five years of their marriage in prison. While prosecutorial discretion is available, with high intensity politics surrounding prosecutorial roles, there is less "discretion" exercised all the time. The legislature should set solid public policy, not leave it to prosecutors to decide when to arbitrarily exercise their authority in highly politically charged incidents.
Issue: Changing the age of adult accountability for crime.
KBA Position: The Kansas Bar Association opposes a blanket lowering of the age of accountability lor crime from 18.
Explanation: At common law, children were presumed to be able to distinguish criminal acts at age 14. Kansas cases hold at common law, criminal responsibility for acts committed by children depended upon the age of the offender. Children under the age of 7 were conclusively presumed incapable of crime; those between 7 and 14 were rebuttably presumed incapable; and those 14 or over were presumptively capable. 21 Am.Jur.2d, Criminal Law § 38. Cited in State v. Lowe, 238 Kan. 755,715 P.2d 404,407 (1986).
Over the years the common law age of 14 was raised to 18. Some lawmakers want to lower the age to 16, eliminating the need to certify 16 and 17 year olds out of the juvenile system and into the adult system for prosecution. Prosecutors now have the option that if a youth is 16 or 17, charged with a felony, and has been adjudicated in two separate prior juvenile proceedings as having committed an act which would be a felony if committed by an adult, the child can be tried as an adult. Further, children as young as 14 who commit heinous and highly serious crimes can be charged as an adult regardless of prior records, if certified up to adult court by a judge. Such a certification has significant procedural safeguards. Such defendants get benefit of the right to counsel and a jury trial. The standard of proof is greater than a juvenile adjudication, which operates primarily on the civil justice system.
Adults charged with a felony have certain rights that juveniles do not, e.g. right to a trial by jury, the right to counsel in felonies and serious misdemeanors, and their adjudication is concerned criminal in nature while the adjudication in juvenile court is considered "civil." These 16-17 year olds would get those sorts of protections, too. However, they face much more difficult prison environments.
The current certification process assures that only the grossest crimes will see teenagers facing adult charges. Statistics indicate that the vast majority of children who are prosecuted in the juvenile system the first time rarely return for a second. If these persons were convicted of felonies, significant depravations of civil rights would follow even if they never committed another offense. On balance, the KBA prefers the current system of certification than blanket criminal liability at that age group.
Issue: appeals of grants of motions for judgment of acquiHal.
KBA Position: The Kansas Bar Association opposes legislation that strains already scarce judicial resources by allowing appeals of inherently wealc criminal cases. Such appeals result in cases that violate double jeopardy.
Explanation: KBA has consistently opposed legislation that tends to bog down the criminal justice system. 1999 HB 2208 seeks to gain permission from a higher court to retry someone for a crime that was so weak the prosecution did not make a prima facie case. Few cases fall in this category. None are typically worthy of retrial.
A judge must insure that in criminal trials the statutory criminal procedure is followed. Due Process is given a defendant in KSA 22-3419 which allows a court on its own motion to make a judgment of acquittal of one or more crimes charged in the complaint. The motion may be granted after the case is submitted to the jury, or even after a jury has decided a case.
18 Such motions are rarely granted and only in very weak cases where the judge is sure reasonable doubt as to the defendant's guilt plainly exist. Courts must determine based on the evidence and giving full deference to the right of the jury to determine credibility, weigh the evidence, and draw justifiable inferences of fact, that guilt beyond a reasonable doubt is not a possible result. State v. Ji, 251 Kan. 3 (1992)
A main component of the judgment of acquittal in state or federal court is its prohibition against subsequent prosecutions for the same offense based upon the Fifth Amendment protection against double jeopardy. Willhauck v. Flanagan, 448 U.S. 1323, 1325 ( 1980) and State v. Ruden, 245 Kan. 95 ( 1989); U.S. v. Martin Linen Co., 430 U.S. 564. There is no second trial after a court determines the evidence in the first trial was insufficient. If the legislature wants to give prosecutors the authority to appeal a trial judge's judgment of acquittal in order to set future case law boundaries in those sorts of cases, we do not object. But HB 2208 would allow a retrial of the defendant after jeopardy has attached in the first trial, and that creates double jeopardy concerns as well as additional expenses to the system for a case that was weak in the first place or it would not have been a candidate for such a motion. The founding fathers, knowing the strength of government verses the individual, wrote ten amendments to the U.S. Constitution, the declaration of rights that they felt was necessary to protect individuals from government. One of them -- double jeopardy -- is at the heart of our system. The purpose of a legislature is to give life to protect the public welfare, but within framework of the constitution.
Issue: Statute of Limitations for 1 507 appeals.
KBA Position: The Kansas Bar Association opposes a one-year statute of limitations lor bringing 1507 actions. Explanation: 1998 legislation would have effectively obliterated the remedy ol a 1507 action, which is used to attack an unlawful confinement, not necessarily the underlying judgment. In the appellate courts we have seen a large increase in the filing ol these appeals, but not for traditional reasons. The biggest cause lor such appeals is the constant legislative tinkering with the sentencing guidelines.
Ironically, while many tort related claims have a statute of limitations which begins running at the discovery of the injury, the proposal would be to begin the running of the statute of limitations at a fixed time period. Thus, the period might have run before a person even knows they have been injured. One reason to oppose the bill is newly discovered evidence. problem. KSA 22-3501 sets two years as the limit for requesting new trials based on newly discovered evidence. If the two years has run and new evidence is discovered, the defendant must use a 1507 motion to raise the issue of wrongful incarceration. A one year statute on 1507s may mean that someone who is innocent would have no means of raising the issue of wrongful incarceration once the two year statute in 3501 has run. While some argue that defendants stay in jail long enough to lose the statute but then raise 1507 claims, that comes from an unreasonable assumption that people liKE prison and wait a long time to raise such claims, or claims of ineffective assistance. Stale claims of ineffective assistance do not do well on appeal. Inmates with a valid claim of ineffective assistance is not going to sit in lansing for years in order to raise a 1507 appeal.
If this bill is aimed at the appellate defender's office, the person who drafted it does not know anything about how that system works. The ADO raises any and every issue its attorneys can identify in the direct appeals handled by that office. ADO does not see a 60-1507 proceeding until after it has gone through the trial court. Then it is limited to raising the issues preserved in district court--if any. This amendment will not impact ADO's workload. A 1507 action is the last protection our system provides to correct unconstitutional proceedings for criminals. Currently, there is no statute of limitations for 1507 actions. See KSA 60-1507(a). The importance of the remedy will be made dramatically when the first death penalty is set for execution many years after sentencing. Section 8 of the Kansas Bill of Rights states that "the right to the writ of habeus corpus shall not be suspended, unless the public safety requires it in case of invasion or rebellion." Putting a one-year limitation on this procedure may offend the constitution. KBA opposes such limitations.
Issue: Felony fleeing and eluding.
KBA Position: The Kansas Bar Association opposes making this serious misdemeanor into a felony.
Explanation: Kansas law makes fleeing and eluding a misdemeanor. The 1998 legislature wanted to make several forms of fleeing and eluding a level 9 felony. We oppose this concept. Fleeing and eluding is a crime committed disproportionately by teenage males, many of whom are minors and whose chief crime is that they mistakenly believe they can outrun a police car. Making such a stunt a felony if no harm comes to other persons is misguided and gives certain persons a criminal record when other alternatives exist. If a person injures another party, other felonies exist to charge other than a felony fleeing and eluding. Further, a level 9 felony is presumptive probation, whereas a class "A"
19 misdemeanor usually results in county jail time. Finally, for minors, receipt of a felony on their driving record makes them uninsurable and in some instances may result in cancellation of insurance policies on the parents. That is inappropriate use of our police powers.
Issue: Less than unanimous jury verdids in criminal adions.
KBA Position: The Kansas Bar Association opposes implementation of a less than unanimous iury verdict in criminal actions.
Explanation: Kansas law has for some time allowed less than unanimous jury verdicts in civil actions. The purpose was to prevent long and expensive civil litigation to be tried again because one or two of the jurors cannot agree with the other ten or eleven.
In response to the O.J. Simpson case, California Governor Pete Wilson requested a law that allows less than unanimous jury verdicts in criminal cases. Wilson's call came early in that marathon trial when many felt the jury would be deadlocked over the Simpson verdict, causing another long and expensive trial. The Simpson jury was certainly not deadlocked.
In State v. Johnson, 219 Kan. 847 (1976), the Kansas Supreme Court noted that "Johnson v. louisiana, 406 U.S. 356, and Apodaca v. Oregon, 406 U.S. 404, hold that a less than unanimous verdict of guilty is constitutionally permissible in a criminal matter. The court does not hold that a less than unanimous vote of not guilty must be deemed an acquittal."
The jury system dates bock 700 years. England, which has abandoned its jury system in civil cases, still uses a unanimous jury in criminal matters. In spite of the dogma that juries favor defendants, the facts are that two thirds of juries convict the defendants. The primary cause of a hung jury is not an eccentric juror but rather a weak case. Once policy makers move away from unanimity, we literally lose our standards. Why is 1 0 out of 12 better than two thirds? Could not an even more determined legislature in the future change the law to a majority of 1 2? The reason we have jury trials in the first place is the founding father's natural suspicion against government power wielded to excess. We lose our moorings in fundamental fairness in criminal cases.
Ironically, a switch to majority rather than unanimous verdicts increases the chance of error both ways. The tradeoff is convicting the innocent and acquittal of the guilty. There is less focus on evidence and more on the vote. Unlike a legislative committee whose purpose often is compromise, a jury's purpose is not to bargain or compromise. Its purpose is to convince each other that the prosecution, or the defense, is right. A requirement of unanimity means individual views cannot simply be ignored or outvoted. Unanimity strengthens the ability of groups of jurors to fight off narrow and sometimes prejudicial arguments that appeal to some groups but not others. Unanimity requires all jurors, even from different social and economic backgrounds, to meet face to face and arrive at a decision together. In life, we relish our national diversity. With juries, for the sake of justice, we want that diversity reviewed and all of that diversity to count in the verdict. With juries, there is virtue in unity, not division. The proposal means majority jurors ignoring the input of two other jurors. This is troubling since at least one study shows that a minority group making up less than ten percent of the population of a county will have three or more representatives on a jury only 1 1 percent of the time. We have many counties in Kansas where minorities make up less than ten percent of the population. This bill takes minority opinions right out of the equation. That change has social ramifications all its own.
Example: A ten-man, two-woman jury is hearing a case involving an assault by a woman on her husband. During the course of the trial it comes out that the husband had a history of battering the woman. This one time she struck bock. Historically, men have been reluctant to recognize the defense of wife-battering. The jury splits 10-2. The women are unwilling to convict. In our current system, the men are required to work towards a consensus. The two women's views could be neither outvoted nor ignored. And the women would have the ability to persuade the men that they are right.
The change is not made for efficiency, since hung juries are a small problem. It attempts to solve the fact that 8 percent of Wyandotte County juries ore hung juries. Not all are 10-2 or 11-1. Many of those hung juries, now, are set for retrial but plea out or ore dismissed. A few of those hung juries "hang" the second time. So the number of actual retrials actually affected by less than unanimous juries is small.
What is being portrayed as reform is really on attack on the jury system. We see it in the civil law, where some "citizens" believe that their fellow men and women are not competent to sit in judgment of them. Jurors are ridiculed as being too old, unemployed, too gullible. When a jury cannot decide it usually means the case is weak or the evidence
20 was conflicting or confusing. That is not the fault of individual jurors. This bill diminishes the impact ordinary people have on the criminal justice system, but will not make the evidence presented to those juries any better.
Constitutional Impact Kansas has a unique history when it comes to the meaning of our bill of rights. The right to a jury trial came during Bleeding Kansas days, when men were taken through mock court trials and hung or shot for their political beliefs. When vigilante justice was the norm, the right to a jury trial was not viewed as a luxury. In such a system it is doubtful that our founders would want a system where jurors bargained over a man's fate, or less than 12 jurors could decide guilt or innocence. While the minutes of the Wyandotte Convention do not explicitly state whether unanimity was contemplated, unanimity was certainly the custom,
Only two states, Louisiana and Oregon, have this system. Interestingly, since 1972 when the U.S. Supreme Court held such systems did not violate the federal constitution, no other states have rushed to change their system. There is nothing in the Wyandotte Constitutional convention minutes to understand whether the framers meant unanimous juries. However, the original Section 5 to the bill of rights read, "The right of trial by jury shall be inviolate, and extend to persons of every condition; but a jury trial may be waived by the parties in all cases, in the manner prescribed by law."
On July 18, 1859, Delegate McDowell moved to strike "and extend to persons of every condition." Clearly, abolitionists wanted the jury trial to extend to trials involving slaves. Such juries made unanimous decisions, not majority decisions.
By July 29, 1859, when the state constitution was adopted, Sec. 5 was amended to read, "The right of trial by jury shall be inviolate." The word "inviolate" has survived the 1859 amendments. It means "pure, undisturbed, whole, and unbroken." The word not lend itself to a meaning that "part of a jury" can try a man. In State v. Christensen, 199 P.2d 475, 166 Kan. 152 (1948) the Supreme Court defined what it meant by "inviolate." The "rights to be held inviolate are rights for the benefit of the accused which no one can take away from him against his will." 199 P.2d. 479. The jury trial right is certainly a benefit to the accused. It is improper to think that by diminishing the need for unanimity, and that excluding a minority of the jury from the deliberation process is not taking or diminishing the right of the jury trial from the defendant. To provide a jury and then weaken its decision making structure in favor of the government provides a hollow shell.
Less than unanimous juries in criminal cases will present some of the same problems as LTU juries in civil cases. In Hendrix v. Docusort, 860 P.2d 62, 18 Kan.App.2d 806, ( 1993) the court ruled that "any ten civil jurors" can decide different elements of the verdict. Ten can decide the defendant was negligent, and another different ten can decide the amount of damages. We may have similar problems when lesser included offenses are part of the decision. For example, if someone is charged with second degree murder and one of the included lesser offenses is involuntary manslaughter, do the same ten jurors who finds the defendant not guilty of second degree murder have to find the defendant guilty of manslaughter? Or must the same ten decide each element? If the "any ten jurors" rule is adopted in criminal matters, it makes the jury room look like a bargaining pit at the Chicago commodities exchange. The rationale for a less than unanimous jury is that it resolves many situations where new trials are needed because of hung juries. The legal system in our judgment should first seek justice. Only a small percentage of criminal cases result in less than unanimous verdicts (and thereby a hung jury). Retrial is not always used; sometimes there are plea bargains and other dispositions that save the county from retrying these individuals again. We should not let the exception swallow the rule.
Issue: Local prosecutorial authority.
KBA Position: The Kansas Bar Association supports autonomy of local prosecutors to malce decisions concerning the type and scope of crime to prosecute, independent of interference by other law enforcement agencies.
Explanation: Some 1997 legislation would allow the Attorney General to have final determination power as to the type of crime to file and punishment to seek in homicides that might invoke a death penalty. The legislation allows the AG to decide whether to intervene, with or without the permission of the local prosecutor.
Ostensibly, the legislation would allow the AG to step in to such cases to benefit smaller counties with less-experience county attorneys. However, current law allows the local prosecutor to voluntarily seek the assistance of the AG's office. Giving the AG unilateral power to decide what crime to charge and penalty to seek in important local cases cuts out of the decision-making authority the local law enforcement officer elected by the people of the county. It also may create new prosecutorial costs on county governments.
21 Such a unilateral law would allow political embarrassments of local officials by state officials. By keeping the local prosecutor in the decision loop, even for decisions involving whether to impose the Hard 40 sentence or seek a death penalty, it maintains the balance of political power-sharing created by our state and local government system. We believe the current law is adequate.
Issue: Types of fees paid to assigned counsel and defense systems for federal and state indigent defendant cases.
KBA Position: The Kansas Bar Association supports paying an hourly fee for criminal defense worlc which reflects a more realistic compensation to counsel for legal worlc performed for indigent defendants, both at the state and federal levels.
Explanation: The United States Constitution is the foundation for the Sixth Amendment right to counsel. The great case of Gideon v. Wainright requires that before a person accused of a felony can be prosecuted the state must assure they have access to an attorney, and provide one if necessary. More so than any other country, Gideon spells out America's commitment to individual liberties protected by law. Yet the Congress and state legislatures have been reluctant to adequately compensate court-appointed counsel aiding indigent defendants charged with federal crimes, or persons charged with felonies or certain misdemeanors in Kansas district courts.
The state and federal governments do not pay other professionals or government contractors at less than standard rates, nor does government ask other professionals to subsidize government services to the poor at a less than cost basis. No other professionals are required to work for government on a less than cost basis. Federal and county governments pay the attorneys it hires to represent the government's interest in criminal and civil courtrooms considerably more salary than it pays public defenders. As a result, many public defenders do not make careers of state service and go into private practice. There, the discrimination in fees continues.
Government has a moral obligation not to shift the duty to pay for representing indigent defendants onto the private bar by less than adequate compensation of defense lawyers and employed public defenders. The Kansas Supreme Court has determined "assisting the indigent is a legitimate public goal, but it cannot be accomplished at the expense of a particular group of people." State and federal government must insure that adequate and fair rules of compensation and expense reimbursement are promulgated for such legal assistance.
As an alternative, some advocate statewide public defender districts. We think that is unwise unless the caseload justifies such change. Public defenders are cost-efficient only in areas where the felony case load is significant making centralization of services is fiscally feasible. In judicial districts with multiple counties, it is difficult for one public defender office to adequately support the needs in the entire district on a cost-efficient basis without unnecessary duplication of services and time-consuming travel. Further, public defenders driving in from distant cities often do not know the local residents, jurors or the veracity of their own clients or witnesses in the case. In these instances, the use of private counsel from that area is more desirable.
Another alternative is use of fixed fee contracts. Many local units of government think paying attorneys a fixed fee is preferable to paying by the hour. This means of paying for indigent defense costs is appropriate so long as for the fixed fee attorneys are not required to exceed the case loads recommended by the National legal Aid and Defender Association (NLADA). State regulations covering indigent defense issues already adopt NLADA guidelines. We believe any state contract should incorporate NLADA guidelines in it. And local bar associations working with county commissions on local indigent defense fixed fee contracts should insure that NLADA guidelines are observed as part of the contract itself.
Kansans should support continuation of a mixed system of providing legal aid to indigent defendants. Adequate supervision by the courts is available to insure the experienced private counsel are appointed in major felonies. Merely hiring public defenders in felony cases does not necessarily mean experienced counsel will be employed. (Renewed 11-30-01)
Issue: Sentencing hearings for establishing state reimbursements.
KBA Position: The Kansas Bar Association opposes using sentencing process to order indigent defendants to repay defense costs.
22 Explanation: 1998 SB 456 would create a requirement that at sentencing, assigned counsel must give the court information by which the court can assess reimbursement costs to the defendant as part of costs in the case. This reimburses the state for indigent defense costs. KBA is concerned that there are better times and ways to assess such costs and give the defendant time to object to the fee, if warranted. Sentencing hearings ore not appropriate because many other matters are handled post-sentencing so the amount assessed at sentencing is usually supplemented.
Issue: Court-established cash bond programs.
KBA Position: The Kansas Bar Association supports judicial discretion to create cash bond programs by court rule and opposes prohibitory legislation to abolish court-ordered cash bonding programs.
Explanation: Often the accused or the accused's family is left with the choice of paying the bondsman in order to get out of jail, or paying the attorney. If they cannot afford both, getting out of jail is usually the first priority. Then state policy means taxpayers are paying the attorney while the accused pays the bondsman. The Cash Bond program allows one payment to cover the costs of bonding and the attorney.
The federal government provides for cash bonding programs as do three of the 31 judicial districts in Kansas. This program, if allied with a court employee who reviews indigency cases with accused persons prior to seeing the judge, can result in a better use of an accused's limited resources and limit the outlay of tax money for indigent defense services through higher recoupment of costs.
In these programs, persons charged with nonviolent felonies and misdemeanors can post a cash bond with the court instead of having to hire a bondsman. Of the ten percent of the bond posted with the court, 90% is returned to the defendant if he or she makes all court appearances and otherwise follows the instructions of the cash bond. From the amounts retained, however, courts reimburse the state or county for any tax funds spent to defend the accused. In the other judicial districts, a bondsman charges only ten percent of the bond, but keeps it all. Any reimbursement for the indigent defense costs comes from additional funds of the defendant. Or, courts resort to O.R. ("Own Recognizance") bonds so that defendants who ore not risks to flee the city are not required to pay bondsmen. Thus, the cash bond program has within it the ability to recoup higher proportions of indigent defense costs to state and county government without materially affecting the number of defendants who skip bond.
Implementing a cash bond program statewide would have clear benefits to the indigent defense recoupment efforts. In many instances it reduces jail populations, saving the county some internal costs. Relatives of accused persons might be willing to post a cash bond if they know they can get a portion of it back, whereas they will not post bond if the bondsman gets it all. Getting persons out on bail who are not risks to flee allows them to keep jobs, support their children and avoid additional criminal justice costs while awaiting trial.
We suggest, however, that this program can be mandated by the Supreme Court, simply by requiring each judicial district tailor a plan to its own needs. The Pretrial Services employees mentioned above can be partially funded with this program.
Evidence indicates the rules have worked well in the districts that use them. Several have had no bond forfeitures since installing the court rule. Thus, prohibitory legislation to eliminate these court rules is inappropriate.
Issue: federal preemption of state ethics rules and statutes.
KBA Position: KBA opposes federal preemption of the traditional role of state supreme courts to regulate the ethics of lawyers and the practice ollaw, including regulation ol attorneys employed by the federal government.
Explanation: In recent years, the Department of Justice has claimed that the federal supremacy clause makes it -- or should make it -- exempt from state rules governing ethical conduct of lawyers. DOJ wishes to hove executive (whether administrative or otherwise) branch ability to exempt its lawyers from some or all ethical rules of licensing states.
Obviously, such a system would lead to DOJ attorneys having one code of conduct and private lawyers dealing with the government in civil and criminal matters having another. The former might be less restrictive than the latter. Whatever the result it would not be equal justice under law!
23 In 1994, DOJ attempted to codify that position by issuing Department regulations, allegedly authorized by federal Congressional agency implementation legislation, exempting its attorneys from state ethics rules prohibiting unauthorized contact with represented persons in violation of ABA Model Rule 4.2. The 105th Congress in October, 1998, passed legislation rejecting this position, explicitly making federal prosecutors subject to state laws and ethics rules governing an attorneys' conduct. See P.l. 105-277.
This ABA-backed provision, named after its chief sponsor, Rep. Joseph McDade (R-PA), negates the 1994 DOJ rules. The "McDade provision's" effective date, however, was delayed for six months, until April 19, 1999, ostensibly to allow the Department to amend its rules to comply with the new law. Further, the United States Court of Appeals for the 8th Circuit declared the same DOJ rules invalid in U.S. v. O'Keefe v. McDonnell Douglas Corporation, 132 F.3rd 1 252 (8th Cir. 1998).
KBA supports the gist of the McDade amendment. There are two problems posed by such attempts to define the extent of ethical rules of attorneys representing the federal government. First, the attorneys are licensed by the states through state court regulated process. Theoretically, the federal government should have no authority to control ethical regulation of lawyers subject to the ethical rules as a Kansas licensed lawyer. DOJ cannot dictate to the Kansas Supreme Court, interpretation of the model rules of professional conduct applicable to licensed Kansas attorneys. If the attorney wishes to obtain another license, so be it. The KBA consistently has supported the exclusive role of the Kansas Supreme Court in regulating ethical conduct of lawyers.
Second, the assertion that an executive branch of government, with or without authorization of a legislative grant of authority, or the legislative branch itself, may relieve its attorney of the ethical obligations established by the Kansas Supreme Court, violates the Kansas Constitution and the separation of powers doctrine.
The Kansas Supreme Court has clearly held that regulation of the practice of law lies peculiarly within the province of the Courts to regulate. State v. Shumaker, 210 Kan. 377 (1972}; Martin v. Davis, 187 Kan. 473,479 (1960).1ndeed, the Supreme Court, in Martin, supra, stated, "included in the [judicial] power is the Supreme Court's inherent right to prescribe the conditions for the admission to the bar, to define, supervise, regulate and control the practice of law, whether in or out of court, and this is so notwithstanding acts of the legislature in the exercise of its police power to protect the public interest and welfare." (emphasis added.)
KBA has consistently supported the exclusive role of the Kansas Supreme Court in governing the practice of law to the exclusion of control from the other branches of government.
Issue: Increasing criminal statutes of limitation.
KBA Position: The Kansas Bar Association opposes raising statutes of limitation on general felony criminal activity.
Explanation: Federal law generally has five year statutes of limitation while most state crimes have a two year statute of limitation. Certain sex crimes against children in Kansas carry the longer limitation. KBA supports this policy. However, while statutes of limitation on criminal activity is clearly a function of the crofters of public policy, increasing current two year statutes of limitation to five years for most other felonies raises several procedural problems for prosecutors, defense counsel and judges that, taken as a whole, do not enhance the criminal justice system.
Where fraud statutes and similar business crimes are the subject and the two year limit is insufficient, if the prosecutors suggest changes to this limitation regarding fraud or business crimes, we agree with the change. Generally, however, where a crime is cleared with an arrest by law enforcement officers, the two year statute of limitation is adequate to the needs of the criminal justice system. Further, there are statutory exceptions to the running of the limit if the crime is concealed or the defendant is absent the jurisdiction. What may be gained in prosecutorial efficiency by going to a five year statute is more than offset by further delays in court proceedings and the difficulty of keeping witnesses available for protracted criminal prosecutions that occur long after the crime.
Issue: Guilty but Mentally Ill Verdids
KBA Position: The Kansas Bar Association opposes any attempt to amend our law to allow a guilty but mentally ill verdict.
24 Explanation: The purpose of Michigan's 1975 Guilty But Mentally Ill verdict system was to reduce the number of successful insanity defenses and force convicted felons to serve time after receiving mental health treatment. Empirical studies show it has failed both purposes.
Michigan statistics show that GBMI does not reduce the overall number of Not Guilty By Reason of Insanity verdicts.
If the goal of GBMI is to get a criminal some psychiatric help yet keep them in prison afterwards, K.S.A. 22-3430 and 3431 already give the trial judge the authority to order a person found guilty of a crime to a state hospital or security hospital for treatment, and when they complete their treatment then bring them back to court and sentence them to prison.
What we can predict what will happen based on Michigan's study. We will see an unforeseen burden of new and expensive psychiatric care placed on the correctional system. Adding new need for psychiatric care in prison settings is going to be a major unanticipated fiscal problem in the Corrections Budget. If the state is unable or unwilling to provide and fund mental treatment for this new class of GBMI inmates, confinement in prison may be unconstitutional, especially to those who plead GBMI. People v. Mcleod, 288 N.W.2d 909 (Mich., 1980).
The American Bar Association's Criminal Justice Mental Health Standards Committee, the American Psychiatric Association's Statement on the Insanity Defense and the National Mental Health Association's Commission on the Insanity Defense all have recommended against adoption of the GBMI verdict.
Michigan, the state model for a GBMI verdict, does not have sentencing guidelines. The GBMI verdict is at odds with the concept behind the proposed new Kansas sentencing guidelines. A successful insanity defense automatically sends someone to the custody of the larned State Hospital for mental evaluation where they remain until their illness is cured. For prison sentences, the new guidelines make rehabilitation and mental illness secondary to incarceration and punishment. The grids do not consider factors such as mental illness at the time of the crime. Two defendants having committed the same crime, one guilty and one GBMI, if their criminal history backgrounds are similar, will serve the same time. Yet a Guilty but mentally ill jury finding may be a mitigating factor for departure rather than an aggravating factor. Juries who want inmates to serve the time desired under sentencing guidelines should find defendants "guilty," not GBMI.
Michigan statistics show that Not Guilty By Reason of Insanity verdicts do not decrease because of the GBMI option. Thus the GBMI verdict has no better impact on public safety in Michigan's system than a "guilty" finding. The GBMI verdict gives no more better public safety to Kansans than juries who find criminals to be plain, old Guilty.
Finally, the 1994 legislature adopted a change in our insanity law. It essentially allows defendants to show mental disease or defect made it so they are incapable of fomenting the required "intent" to commit an act. This makes Kansas one of only a handful of states without an "insanity defense," but keeping the ability to show that the defendant was incapable of intending the consequences of their act. This change has changed any "need" for a guilty but mentally ill verdict.
Issue: Legislative limits on plea bargaining.
KBA Position: The Kansas Bar Association opposes legislative limits on prosecutorial powers to plea bargain.
Explanation: In our justice system the prosecutor is the publicly-elected official who decides whether evidence exists that would support charging a crime and prosecuting individuals who break our laws. Such power is exercised based on the evidence available and, often, the credibility of the witnesses who testify.
Some legislators dislike the concept of plea bargaining and want to prevent prosecutors from plea bargaining by statute. To do this is a major disservice to the public since, after original charges are entered against on individual, a witness may disappear or key evidence may be unavailable at trial. Prosecutors operate under speedy trial laws which require them to begin a trial within a relatively short time span. To force them to go to trial without the ability to fully prove their case when conviction of a lesser included crime could have been obtained by negotiations may have the unintended effect of putting dangerous persons on the street.
25 Further, it is the prosecutor's sole power to dismiss charges once filed. To limit plea bargaining will simply mean the prosecutor must go to extra expense to dismiss the original charge and re-file a lesser crime in a new complaint. Prosecutors who do not want to plea bargain can adopt that policy within their own office, and carry it out without need of legislation. Prosecutors who do not prosecute in a manner to which the public prefers can be removed from office; they should not be limited by legislation.
The legislature's role is to define what constitutes a crime and the penalty therefore. It is the prosecutor's unique role - and separate power -- to enforce those laws. They should not be hamstrung by limits on their plea bargaining powers.
Issue: Reciprocal criminal discovery rights.
KBA Position: KBA opposes major changes to the right of criminal discovery.
Explanation: New legislation by the County and District Attorneys association would allow prosecutors to have "reciprocal discovery rights" regarding the information or witnesses a defendant intends to present at pretrial hearings and motions.
This legislation reopens age-old efforts for prosecutors to get access to information regarding defense witnesses and theories prior to trial. It presumes that the current playing field is level. Criminal discovery is not like civil discovery. Unlike civil litigation, where all parties engage in extensive pretrial discovery of their opponents witnesses and files and much of it depends on boundaries set in case law, discovery in criminal cases is tightly controlled by statute. KSA 22-3212 requires the prosecutor let the defendant "inspect and copy" certain statements or confessions, reports of physical or mental examinations, scientific tests, and grand jury testimony. There is a catch. The defendant can have this information only if the defendant permits the prosecution to copy any similar documents the defense intends to introduce at trial.
In civil litigation, the failure to disclose certain information can result in a default judgment against the recalcitrant party. The failure of the state to disclose certain evidence requested by the defendant in a criminal matter does not lead to dismissal of charges or even suppression of evidence. Discovery rights are not nearly as broad in criminal matters as they are in civil cases. Expert witnesses or their reports who are not going to be used at the preliminary hearing need not be turned over to the defendant until trial.
The proposed legislation would change this equation. The state's police and financial resources give it enormous advantages over the defense in investigating crime. There would be a great advantage to the state to follow-up on the information. Witnesses for the defendant - if known at the time of the preliminary hearing - often do not testify and there is no requirement that the defendant contest a preliminary hearing through his or her own witnesses. Yet as a prerequisite to being able to do so, defendant would have to disclose these potential witnesses who, when faced with further out-of-court police interrogation as to "what do you know about this case," may decide not to help anyone. This makes it more difficult for defendants to present a defense at trial. The proposed legislation hardly "levels" any playing field.
Further, early in a criminal case, the defense is just beginning to decide what strategies to use and what defense theories is supported by the evidence. To disclose the information supporting these theories is highly premature. The pretrial maneuvering between defendant and prosecution in a criminal case is where much of the determination takes place as to what sort of crime will be charged, and where the parties explore plea bargains. The prosecutor and defense counsel can informally learn of what each side intends to bring to the table in negotiations or at trial if the matter goes that far.
What is important is the information known to both parties at the time of trial. Both the prosecutor and defense counsel, through pretrial discovery orders, can limit the use of surprise witnesses, documents or other testimony at trial by the other side. This sort of limitation on preliminary hearings and motions is unnecessary.
Issue: Discovery depositions in criminal maHers.
KBA Position: The Kansas Bar Association supports limited uses of discovery depositions in criminal matters.
26 Explanation: Discovery depositions are used in criminal matters in other states. In Kansas, historically, they have not been used because the transcript of the pretrial hearing has been used for the purposes of discovering what key witnesses will say.
With ever growing costs of paying for prosecution and public defense costs for crimes, the pretrial hearing needs review. It is clear that in states with a perfunctory preliminary hearing system, there are many more costly trials than less costly plea bargains. We support a discovery deposition when the defendant waives his right to a pretrial hearing or if the deposition is used solely for impeaching or contradiction of the witness at a subsequent trial. If witnesses are vulnerable or young, judges can preside at such depositions, insuring that appropriate decorum is observed. Or we can consider allowing prosecutors to determine when witnesses are so vulnerable that a full preliminary hearing is needed. KBA believes the use of discovery depositions regulated by the Courts can speed the administration of criminal justice.
Issue: Should the Sixth Amendment's right of confrontation be statutorily limited in cases involving victims of crime who are mentally retarded?
KBA Position: KBA opposes amendments to current Kansas law allowing "indirect confrontation" by child victims of crime, because of constitutional concerns, unless separate legislation is enacted after a strong showing of statistical need for the change.
Explanation: In Coy v. Iowa and then later in Maryland v. Craig, the United States Supreme Court held that if the state could show a child under 1 3 years of age would be traumatized by testifying in open court about an alleged crime against the child, certain limits on the direct right of confrontation could be imposed by state law. Typically, a "screening" system was employed whereby the child testifies away from direct view of the defendant. In Craig, extensive case histories of abused and sexually assaulted children were presented as part of the persuasive sociological information provided by amicus briefs to the Court.
The use of hearsay evidence in preliminary hearings should be discouraged as far as possible. While the federal system allows use of hearsay evidence in preliminary hearings, the federal law uses grand juries to indict persons, a system not often employed in Kansas. Further, the federal system sees more trials than plea bargains, which is the norm in Kansas. We believe that requiring the key witnesses to testify in preliminary hearings allows both the prosecutor and defense counsel to judge the strength of their case if the matter should go to trial. The result is more plea bargains and a more efficient judicial system.
Advocates for the mentally impaired argue similar indirect confrontation rights should be extended to the mentally retarded since they, like children, are highly susceptible to being victimized by criminals. While this may be true, other problems exist. For example, while children under 13 can testify, they must generally meet the other tests of reliability, such as competency to testify, in order to avoid hearsay problems. The mentally retarded may not be able to meet this additional burden.
Prosecutors are concerned that by simply amending the existing confrontation law for children with additional allowances for the mentally retarded, the entire law might be held unconstitutional. KBA agrees, and would oppose such amendments to existing law. Drafting an entirely new law, backed up by strong sociological information about crime and the mentally retarded, are our preferred alternatives.
In 1998, prosecutors sought legislation to allow hearsay evidence in criminal actions involving "domestic violence." This allows victims of domestic violence to not have to "confront" the accused. The definition of a victim in the bill would include all sorts of relationships, including former roommates, heterosexual and homosexual partners, persons who have never lived with the defendant, sisters and brothers, etc. The kind of "domination" that would turn these people into "children" is not present in these kinds of cases and important constitutional rights ought not be thrown out in anticipation of the infrequent circumstance. This would also create a trial within a trial to determine who fell within the definition of "victim of domestic violence" as a preliminary showing would have to be made that the defendant intentionally & recklessly caused bodily injury, etc. What would the standard of proof be for this? As a policy matter, equating women (the primary victims of domestic violence) to children, unable to testify because they are too cowering and weak, ought to be offensive to women.
While victims of domestic abuse can be very traumatized, so can witnesses to murder and rape. Confrontation is such a fundamental part of our judicial system. If the accuser is not willing to testify in open court, then the allegations are suspect. There should be many ways to assist the victims of domestic abuse without eliminating the right of confrontation.
27 Issue: The insanity defense.
KBA Position: The Kansas Bar Association supports a modem Mc'Naughton Rule of "non responsibility lor crime because of mental defect," but opposes the shifting of the burden of persuasion from the prosecutor to the defendant. II such burden shifting is done, the KBA supports a "preponderance of the evidence" standards, not "clear and convincing" standards.
Explanation: Kansans can be justly proud that the commission on Uniform State laws adopted the basics of Kansas' insanity defense code as its model act. Each state should be left to determine its own insanity defense code and under no circumstances should the Congress consider enacting an insanity code with national application.
Current federal law, enacted in October, 1984, requires that the defendant show by "clear and convincing evidence" that as a result of mental disease or defect, the defendant was unable to appreciate the wrongful nature of the defendant's conduct at the time the offense was committed. This places the burden of proof on the defendant. And, we believe, places it erroneously. A defendant should have to meet only a "preponderance" standard.
With the test of insanity based upon a modern Mc'Naughton Rule or cognizance rule, and not the All or volitional rule, the KBA believes the burden of proof of sanity at the time of the commission of the crime, when the issue is raised as a defense, is clearly on, and should remain upon, the prosecution.
Issue: Ratification of the Flag desecration constitutional amendment.
KBA Position: The Kansas Bar Association opposes ratification of the flag desecration amendment. It creates a political crime that will divert scarce iudicial and law enforcement resources from more pressing criminal investigations.
Explanation: like other citizens Kansas lawyers have served in this nation's armed forces in all its wars. lawyers, like most other citizens, dislike the act of desecrating a flag for any reason.
On the Kansas frontier, before statehood, the pro-slavery lecompton legislature made it a capital offense to publicly discuss the political abolition of slavery. Although often abused, these sorts of "political discussion" laws were rarely enforced. A flag desecration law, coming after a constitutional amendment, would fall into that same category.
Flag desecration is an act based on political viewpoint taken to the extreme. A flag desecration amendment to the constitution is an overreaction by government that would attempt - perhaps the first of many attempts - to dilute the First Amendment by enacting exceptions to it. At the least, such an amendment will create the call for laws that will divert scarce resources of the judiciary, prosecutors and law enforcement to investigating and bring such individuals to justice. If prosecutors look upon the law as a nuisance and do not enforce it, the Amendment will be a great waste of time. If prosecutors spend the time enforcing the law and if there are few prosecutions because there are few desecrations, the impact of the law is meaningless.
We think law enforcement and prosecutorial time is better used pursuing other more important breaches of the public peace.
Employment Law
Issue: Whistle-blowers statute
KBA Position: The Kansas Bar Association supports keeping any statutory expansion of the whistle-blower protections to the equivalent of existing common law.
Explanation: Civil service law was a late 19th Century attempt to create a career government employee service and insulate nonpolitical appointees and positions from the whim of politically-based job terminations. KSA 75-2973 was enacted in 1984 as part of the civil service code to protect classified state employees against job-related retaliation if the employee reported to any legislator, or the legislative post audit committee, any wrongdoing that he saw within the agency. This is the statutory whistle-blower act.
28 Common law whistle-blower lawsuits, however, are much different. They govern all other types of employees. The purpose behind such lawsuits is found in Palmer v. Brown, 242 Kan. 893, 752 P.2d 685 (1988): "Public policy requires that citizens in a democracy be protected from reprisals for performing their civil duty of reporting infractions of rules, regulations, or the law pertaining to public health, safety, and the general welfare. Thus, we have no hesitation in holding termination of an employee in retaliation for the good faith reporting of a serious infraction of such rules, regulations, or the law by a co-worker or an employer to either company management or law enforcement officials (whistle-blowing) is an actionable tort. To maintain such action, an employee has the burden of proving by clear and convincing evidence, under the facts of the case, a reasonably prudent person would hove concluded the employee's co-worker or employer was engaged in activities in violation of rules, regulations, or the low pertaining to public health, safety, and the general welfare; the employer had knowledge of the employee's reporting of such violation prior to discharge of the employee; and the employee was discharged in retaliation for making the report. However, the whistle-blowing must have been done out of a good faith concern over the wrongful activity reported rather than from a corrupt motive such as malice, spite, jealousy or personal gain." (emphasis added)
We ore moving away from larger government, towards smaller government, through downsizing and privatization. As government changes and more functions of state government ore privatized or given to local units of government, state auditing agencies lose some of their jurisdiction to discuss with classified state employees the functioning of those private entities or local governments which not hove assumed, by contract, the role of state government.
The 1 996 legislature considered legislation from the Kansas Association of Public Employees to dramatically change the grounds for bringing a lawsuit for wrongful discharge as a whistle-blower. Instead of requiring lawsuits only in situations involving infractions affecting the health, safety and welfare of the public, the legislation wonted employees to be shielded when discussing any operations of the agency. By extending the statutory whistle-blower action to all employees of any business or profession that contracts with state government, thousands of new employees were brought under the act that hove no connection whatsoever with the original intent of the law to protect the civil service employee.
Among the problems created by the bill is a narrow and unclear handling of the attorney-client privilege. The KBA prefers to assure that in such changes attorney-client matters could not be divulged by a law firm employee seeking whistle-blower status.
Other problems identified with the original bill were:
1. In the private practice of law, confidentiality is imposed on lawyers by Supreme Court rules. (Model Rule of Professional Conduct 1.6 of the Kansas Supreme Court.) Since a lawyer is responsible ethically for the adverse conduct of loy employees, Rule 5.3 extends the confidentiality requirement to employees of the lawyer. The bill is a statutory exception to MRPC 1.6 and MRPC 5.3, unless modified to exempt from the statute's application statements made in violation of the Model Rules of Professional Conduct. 2. The bill grants protection for any communication about the agency or the subcontractor regardless whether they rise to the level of "public concerns." This extends whistle-blower protection beyond existing case low. 3. Section (b)( 1) protects report of violations of state or federal low, or rules or regulations, permitting the report to any person, regardless of the interests of that person. That would allow disclosure of information to the press rather than supervisors. Again, if conformity to existing case low is desirable, then the bill's protections should be limited to disclosure affecting public safety, health or general welfare. 4. Under common low, plaintiff must prove the discharge under clear and convincing evidence. Stuart v. Beech Aircraft, 7 53 F.Supp. 317, 324 (D. Kan. 1990). The legislation is silent on which level of proof is required. 5. The bill changes the attorney fee shift from one that favors the whistle-blower to one that favors the prevailing party. The whistle-blower that loses a lawsuit against the state agency or the contractor will hove to pay the state or local agency's, or the contractor's, legal bills. Fee shifts will discourage legitimate as well as frivolous whistle-blower lawsuits.
We believe if such changes ore to be mode in the statutory whistle-blower lawsuit and include the employees of private businesses, then we believe the statute should more closely mirror common law whistle-blower causes of action. (Renewed 11-30-01)
Issue: Competitive bidding of legal services for state and local government.
29 KBA Position: The Kansas Bar Association opposes the competitive bickling of legal services.
Explanation: Several bills were introduced in the 1997 session to require competitive bidding of legal services be applicable to most state and local government agencies. We believe the bills, while well-intentioned, will not produce the advantages claimed by proponents and will cause attorney-client problems in the bargain. The basis of the attorney-client relationship is the client's trust and faith in the symbiotic relationship between attorney and client. lawyers take on fiduciary responsibilities for each client they represent, including government clients. To base the attorney-client relationship solely on who bids lower on a contract is to invite financial manipulations by counsel seeking the employment to the detriment of trust and competence. Further, all clients have a right under our Model Rules of Professional Conduct to hire and fire their attorneys without cause. Injecting a "contract" approach based on a competitive bid is a statutory change to a model rule, at least for government agencies seeking legal counsel. See Crandon v. State of Kansas, 257 Kan. 727 (1995). The attorney general is usually responsible for hiring attorneys to defend state agencies and employees in civil litigation. While that often results in attorneys being hired who have ties to the AG's office, it also allows an independent review of the qualifications of such attorneys regardless of political affiliation - something the competitive bidding process lacks unless the contracting agency "loads the specs" of the contract. Such action would, in our opinion, defeat the purpose of competitive bidding in the first place. Competitive bidding contract law gives to one government agency the authority to formulate guidelines on how other agencies hire attorneys. When the bill applies to local units of government, the potential for a conflict of interest arises.
We believe the enactment of such law would foster the presentation of artificially low hourly rates and attract only attorneys who have limited demand for their services.
No other state that has such a comprehensive system of bidding on legal services. The cost to government of implementing a pure competitive bidding concept is considerable, and can be more costly than the current system. For example, since all state legal contracts would be based upon competitive bid, it would be necessary to advertise the bid contracts in appropriate trade publications. The state's budget division estimates such advertisements alone would cost the state an additional $2.0 million per year.
If legal services are capable of being competitively bid, there is no reason why other professional services should not be bid that way. Architectural and engineering services typically are let through negotiated bidding. The fact that such other services are not being bid competitively through open bidding is an indication that competitive bidding in these other professions is unworkable. We do not believe it will benefit government to bid legal services this way, either.
Also part of this issue is a recent attempt in Congress to regulate "pay for play" activities, that is, prevent lawyers and other professionals who contribute money to campaigns from getting government work or contracts. The ABA has by resolution recommended bar associations condemn "pay for play" activities of lawyers in that it violates MRPC 7.2 which prohibits lawyers giving anything of value to other persons to get them to recommend the lawyer's legal services. While this may be a legitimate concern, competitive bidding of legal services is not the recommended ABA alternative.
Certain state agencies already, by law, use competitive negotiation processes to hire attorneys, primarily for collection purposes. {See KSA 22-4523(e), 75-719, 59-2006.} Many such statutes exempt the activity from competitive bidding requirements. To require competitive bidding in these areas would change the dynamics of how legal services are provided and perhaps cost the state more money.
We believe the current system of hiring attorneys, although possibly imperfect, is better than the proposed competitive system.
Adopted 3-3-00
Family Law
Issue: Fault-based divorce
KBA Position: KBA opposes a return to fault-based divorce codes.
30 Explanation: Some organizations want to return to fault-based divorce codes as a means of saving more marriages. This is especially true when one spouse doesn't want the divorce but feels powerless to stop the divorce because under current law the other spouse need only allege and prove incompatibility.
The goal is laudable but the means chosen to achieve the goal may not work. If one could lower the divorce rate by making divorce harder to achieve, then Italy and Ireland would have a divorce rate of zero and be filled with long, happy marriages. That is not the case. The concept of Divorce in a marriage dates back to ancient Rome. No fault divorce has its roots in 18th Century Prussia. Even when Church theocracies ran national governments, there was not ever a time when divorce was unknown.
Returning to fault-divorce will not lower divorce rates since we are dealing with different generations and ideas of what lifestyle is permissible. We can strengthen marriages and government should look for means of doing that, but making a divorce harder to obtain does not prolong marriage, it prolongs divorce and increases costs.
A return to fault-based divorce will result in more contested issues, requiring more court time and result in higher attorney fees. It will spur a whole new generation of "migratory divorce" litigation. A migratory divorce, which was quite prevalent in Kansas before the advent of no fault divorce, is a divorce obtained by one spouse in another state and litigation erupts in Kansas as to whether the "other" divorce is legitimate.
Fault-based divorce will not result in stronger marriages. It may result in some women rem01nmg in an abusive relationship, unless one or both spouses are willing to fabricate a reason for the divorce that meets statutory guides. Perjury is a poor way to end a marriage.
Covenant Marriage One wrinkle in the return to fault based divorce is a growing movement towards covenant marriages, which is a statutory contract to use only fault-based divorce options. While the KBA believes there is nothing wrong with strengthening marriages through covenant marriages or other incentives for couples to remain married, the penalty for breaking a covenant marriage should not be a return to fault-based divorce. Longer divorces and heated litigation means higher attorney fees and more costly court trials. If adopted, any legislation implementing fault divorce or covenant marriages should be followed with an expansion of judicial funding to cope with the number and length of new trials, since these changes will result in new costs. Absent a willingness to fund these new costs, KBA opposes the change.
Issue: Child abuse reporting by dual licensed professionals.
KBA Position: KBA supports strengthening the allorney-clienl privilege by requiring child abuse reporting only by designated professionals who are practicing a non-law related profession.
Explanation: The professionals in social work have worked out a program at the University of Kansas where people can obtain a dual degree in law (J.D.) and a Masters in Social Work. KSA 38-1522, 39-1402 and 39-1431 require that a variety of persons with enumerated degrees are mandated by law to report suspected instances of child abuse. The professions involved include those licensed to practice in various social work fields, including an MSW. There is an exception for attorneys because of the attorney-client privilege, but there is no exception for those professionals with an MSW degree in addition to their Juris Doctor degree, but who practice law rather than social work. However, for those professionals who are listed as "reporters," if a timely report is not filed they may be guilty of a misdemeanor.
Since this law lacks an exception for those with a dual professional license who are practicing law, the reporting statute collides with the important public policy behind attorney-client privilege. In most instances Model Rule of Professional Conduct 1 .6 requires attorneys to keep secret all client confidences learned in the representation of a client. A lawyer with an MSW (or other enumerated professional degree) must resign the other license in order to practice law. This could require an attorney-M.D. or an attorney-MSW who is practicing law instead of medicine or social work to report child abuse solely because he or she has obtained a second degree.
The purpose of the child abuse reporting law was to protect children suffering from physical, mental or emotional abuse or neglect by encouraging the reporting of suspected abuse. Professionals most likely to observe abuse were required to report it. Attorneys were exempted because the usually way attorneys might learn of this information would be in the representation of clients. To require attorneys to report this information to state authorities makes them the state's first witness against their own client, precisely what the attorney-client privilege has been designed to
31 protect for centuries. Further, in the situation where attorneys with only a JD can keep the attorney-client privilege but those with dual degrees cannot cheapens those whose academic abilities have allowed them to acquire a second degree.
We prefer the law require reporting by these professions but only if they are practicing that profession, and not the practice of law. lawyers who are MSWs cannot "switch" back and forth between professions whenever it suits them. There are many safeguards to keep abuse from occurring while at the same time keep the state notified of when child abuse is suspected. The alternative ought not be that in order to practice law one must renounce his or her MSW license.
Issue: Mediation voided for domestic violence.
KBA Position: KBA opposes legislation like l995 HB 2465 which conditions child visitation on certain intervention programs clesigned to remecly domestic violence within the divorce or separation.
Explanation: While legislative efforts such as 1995 HB 2465 attempt a laudable goal, we believe such legislation does not adequately take into account that rural Kansas districts would be hard pressed to comply with such legislation. Kansas is fortunate that in larger districts trained counselors are available and affordable. This is not true in all areas of the state. Yet HB 2465, for example, invades the discretion of trial courts and makes mandatory presumptions of sole custody determinations and visitation limitations based on demonstrated histories of violence.
In some respect the statute implies that families involved in domestic abuse never heal, which is an assumption that should be examined before statutes mandate how to handle the situation.
The bar has confidence in the judiciary's ability to meet the challenges of the unending variations that develop in family law. Evidentiary presumptions and statutory mandates regarding custody and visitation cannot be accomplished through local court rules. While the goal of such legislation is laudable, we believe judicial discretion now adequately allows judges to take into account local resources and craft appropriate orders.
Issue: Family Court Systems
KBA Position: KBA opposes the concept ol family courts currently being considered by the legislature. The KBA is not opposed to all concepts ollamily courts.
Explanation: Many "families" are in crisis in Kansas. Yet the court system ostensibly treats them in a compartmentalized way. Juvenile matters go to juvenile court, even though the juvenile issue arises out of domestic disturbances. The legislature is considering a pilot project for three judicial districts to see if consolidated juvenile, criminal and domestic court and combined staffs of such courts can make a difference in the delivery of services to families. However, we are concerned the current concept requires special judges with and special reliance on mediators without any assurance of adequate funding for training of each. The training of mediators was the Achilles' Heel of the proposal, since training is an issue of funding and mediation training has been inadequate in the past.
All of what was contained in the 1994 legislation can be done now through the administrative power of the Judicial District Administrative Judge. The problem is not judicial authority; it is legislative funding. Some legislators have indicated that additional funding through the family court system is the only way the judiciary will get additional funds.
Adding another requirement to the system without funding the entire system is not the answer. Full funding of the judicial branch can allow the judiciary to move towards a family court concept without pilot projects and with the full knowledge that the program should work based on adequate funding levels.
Issue: Investigator's reports to be available to all parties.
KBA Position: KBA supports the requirement that investigator reports be made available to all parties to a divorce.
Explanation: Currently, KSA 60-1615 prohibits lawyers from reviewing an investigator's report on possible child endangerment and divulging the information in the report to their client.
32 In 1995 HB 2225, the legislature attempted to allow all parties to hove access to investigator reports, and prohibits divulging the report when o court finds the interests of the child or the parties requires nondisclosure.
The 1995 amendment ends o conflict of interest between attorneys and clients. We support the gist of this bill but suggest further modifications. We would prefer that anyone interviewed and involved with the report, including the investigator, be subject to deposition and or subpoena to testify in o custody or visitation matter. This elementary due process requirement has been disallowed in some cases by the courts whenever the investigator is determined to be on arm of the state. If there were ports of the report that could create irreparable harm to the children, o guardian ad litem should be appointed to assist the court to make o determination in that rare case and then the court would hove the power to exclude that port of the report.
KBA recommends that KSA 60-1615(c) be amended as follows:
(c) Use of report and investigator's testimony. The court shall make the investigator's report available prior to the hearing to counsel or to any party not represented by counsel. Upon motion the report con be disseminated to the parties unless the court finds that distribution would be harmful to the parties, the child or other witnesses. Any party to the proceeding may coli the investigator and any person whom the investigator has consulted for cross-examination. In consideration of the mental health or best interests of the child, the court may approve o stipulation that the interview records not be divulged to the parties.
Children need speedy resolutions of custody and visitation matters. Present court services officers and SRS ore understaffed, frequently under-trained, and hove case loads that generally prevent in-depth investigation. The statute should mandate time limits between the ordering of an investigation and the time the investigation and report should be completed.
Issue: Mandatory mediation prior to litigation.
KBA Position: KBA opposes mandatory mediation of domestic matters, such as those found in 1995 SB 233. However, we take no position on whether mandatory mediation should precede litigation in all matters.
Explanation: The proposed bill requires domestic relations litigants to enter into at least three mediation sessions and try and resolve their conflicts before they ore allowed to file o petition for divorce, annulment or separate maintenance. If this bill posses, o spouse who needs o protection from spousal abuse or needs economic protection and therefore o restraining order could not get one until they went through mediation, which takes time. When violence is present in the home, mediation is not always the first or best option.
The bill is not specific as to the issues to be mediated. This form of legislation allows manipulation of children and economic issues which puts the hove-not party too disadvantage. Typically this is the woman.
We also ore concerned that mandatory mediation might work in some parts of the state o lot better than other, more rural areas where mediation is not that available. The bill assumes there are qualified mediators in all parts of Kansas, which there ore not.
If the intent of such legislation is counseling, courts hove sufficient current powers to enter such orders for counseling after a petition is filed and before the final decree. Also, mediation of children issues is usually required by our courts under current low before evidence is token on such issues.
This position should not be construed as taking a position on mandatory mediation principles used outside the domestic relations context.
Issue: Premarital Agreement act amendments
KBA Position: KBA supports the premarital agreement act generally, and opposes change to the act regarding three specific issues: ( 1) the time when the parties can challenge the unconscionability of such an agreement, (2) before execution of the agreement, whether either party provided a lair and reasonable disclosure of the amount, character and value of property, financial obligations and income of the other party; and (3) whether any party was aHorded a reasonable opportunity to consult with independent counsel.
33 Explanation: Prior to the 1987 act, premarital agreements, if otherwise procedurally fair, could not be challenged for unconscionability. Courts tended to look at the agreement as to whether it was fair and equitable under existing circumstances.
While true that under current law, a premarital agreement leaving one spouse with virtually nothing can be upheld even if the marriage lasted a long time or one spouse contributed a greater share of the marital property than anticipated, the purpose is to achieve some finality to property divisions prior to entering into the marriage. Premarital agreements are favored in the law. They help marriage partners in second or subsequent marriages adequately plan for children of previous marriages or divide existing and known property in case of a subsequent divorce. However, premarital agreements are contracts, and should not be subject to ancillary attack through litigation merely because the consideration for the contract is the marriage act itself.
Current law allows such nonenforceability of such agreements if any party can show the agreement was involuntarily executed. We are concerned that to allow collateral attacks on these agreements whenever the agreement is sought to be enforced whether or not the agreement was involuntarily executed will subject many existing agreements to future litigation and the uncertainty such litigation brings.
As to the recommendation that the UPAA be amended to require before execution of an agreement, the parties must be provided a fair and reasonable disclosure of the amount, character and value of property, financial obligations and income of the other party; we believe such is required by current law.
Finally, we believe that whether any party was afforded a reasonable opportunity to consult with independent counsel need not be incorporated into the statute because it may be implied in our current law on involuntary execution of the agreement. Thus we oppose change to the UPAA on these specific grounds.
Issue: Abolishing Emergency Divorces
KBA Position: The Kansas Bar Association opposes abolishing emergency divorces.
Explanation: KSA 60-1608(a) allows an emergency divorce in limited situations. While rare, emergency divorces avoid the 60-day statutory waiting period.
The 60-day waiting period, or "cooling off" period, is misnamed and sometimes misapplied. The period was not created by the legislature to require parties to "cool off" before proceeding with a divorce with the state hoping that instead the period would lead to reconciliation. The period was imposed in our divorce law in the 1 870s when the legislature named county attorneys as divorce "proctors" to determine whether divorcing parties (a rarity then) were leaving town with unpaid debts or other "liabilities." The sixty-day period allowed the county attorneys to complete their investigation. It was certainly not intended as a roadblock to a divorce or a cooling off period, nor as a means of thwarting the need for emergency divorces.
There are times and good reasons for allowing emergency divorces, such as tax planning for the parties whose divorce needs to be final by the end of the calendar year, or spouses in the military who are deploying overseas and would be unable to return for a divorce hearing. By definition, emergency divorces are not granted if the parties are not in agreement as to the disposition of property and other issues in the divorce; thus neither party can impose their will on the other using an emergency divorce. Thus eliminating emergency divorces will not get the parties to reconcile.
Issue: The Uniform Child Custody Jurisdiction & Enforcement Act.
KBA Position: The Kansas Bar Association supports enactment of the UCCJEA.
Explanation: This new act from the Uniform laws Commission replaces the current uniform law governing interstate child support and custody determinations, KSA 38-1301 et seq. The new law makes several minor changes which do not significantly alter the purpose of the original act, which in part is to avoid jurisdictional competition and conflict with courts of other states in matters of child custody which have in the past resulted in the shifting of children from state to state with harmful effects on their well-being.
34 The primary change is standardization of interstate enforcement of custody orders. We support such change in our law from this Uniform law.
Issue: Should state law require noncustodial parents of a divorce to support their children through college?
KBA Position: Unless the noncustodial parent is talcing the tax deduction lor a dependent college-aged child, the Kansas Bar Association opposes legislation to require parental support past what is allowed in the current statute, e.g. the age of majority or June 1 of the school year in which the child becomes 18.
Explanation: K.S.A. 60?161 0 does not require noncustodial parents to contribute to college education of dependent children. The parties may agree on such support in the divorce decree. This sometimes occurs when the noncustodial parent gets to continue to claim the child as a tax deduction.
Some argue divorced children have a lesser financial ability to go to college than children of intact families and seek the change to remedy this situation. Such a law would grant children of divorced spouses a statutory right of support unavailable to children of intact families. That raises a host of equal protection problems. Further, noncustodial parents may, or may not, get to help decide where the child will attend college. Further, there is insufficient credible data on the impact of divorce on higher education of children to support the proposal.
Unless tied to some benefit such as a tax deduction, we think mandating the support role for the noncustodial parent would be inappropriate. It is an issue better left to contract between the parties.
Issue: Should child hearsay statements concerning sexual or physical abuse by a parent be available in child custody or divorce actions?
KBA Position: The Kansas Bar Association opposes use of child hearsay statements concerning physical or sexual child abuse unless the action in which such statements are sought to be introduced directly involves the child wha made the statement.
Explanation: K.S.A. 1990 Supp. 60-460(dd) allows hearsay evidence of children if the "action involves children." This statute limits the hearsay to a criminal proceeding where the child is the victim of the crime, a juvenile matter where the child is the offender, or where the child is sought to be declared in need of care. Such hearsay is limited to statements made by the child. Some want to expand the statute to encompass divorce or custody proceedings in which there are allegations of physical or sexual abuse of the parties' child or children committed by one of the parties to the divorce.
We disapprove of this change in public policy. Child physical and sexual abuse occurs, and all citizens should be concerned. However, separating genuine from bogus allegations of abuse is a difficult process. Many such allegations come from parents in the heat of a divorce. Parental physical or sexual abuse of a child is a crime. If a custodial parent who, upon learning of such activity fails for whatever reason to bring criminal charges against a spouse, such spouses should not be allowed to offer hearsay statements of the child n a proceeding that merely decides divorce custody issues. If criminal charges are brought, statutes already allow hearsay evidence of the children.
Issue: The Rights of the Terminally Ill Act.
KBA Position: The Kansas Bar Association supports adoption of amendments of the rights of the Terminally Ill Act recently completed and recommended lor state adoption by the Uniform Laws Commission embodied in the Kansas Natural Death Act, KSA 65?28,101 et seq.
Explanation: Since 1976, when California adopted the first "living will" law, thirty-five states including Kansas, have adopted similar legislation. Under this act, a competent adult can execute a declaration specifying the life-sustaining medical treatment may be withheld under certain circumstances.
Amendments to this uniform law have been recommended by the Uniform laws Commission. KBA believes these amendments should be adopted to replace our existing law. Although Kansas has a Natural Death Act, uniformity in this area of law is desirable.
35 Health Law
Issue: Prohibition of medical technological causes of adion.
KBA Position: The Kansas Bar Association opposes legislation designed to prohibit certain causes of action, such as wrongful life, wrongful birth, etc.
Explanation: Statutory prohibitions against new causes of action, without a strong showing that such causes of action are detrimental to society as a whole, are inappropriate. The court system is fully capable of separating meritorious lawsuits and legal issues from those of questionable origin. Judicially prohibitive statutes, in general, are often too broadly based to be fair. The court system is designed to litigate individual issues of merit and broad-based exclusions by statute are inappropriate.
Litigation
Issue: Loser Pays Rule
KBA Position: KBA opposes the concept of a loser pays rule, such as 1995 HB 2279.
Explanation: This proposed legislation amends our civil cost statute, KSA 60-2003, to include "reasonable attorneys fees" to be assessed as costs in the case.
While the legislature can adopt this rule of law, called the "English Rule" of fee distribution, such awards may encourage settlement by defendants but also chill plaintiffs who have no access to justice without contingent fee availability and attorneys willing to accept this risk. Plaintiffs who cannot afford to bring suit but for the contingent fee system may be frozen out of the system by the specter of paying staggering defense attorney fees if the plaintiff loses.
KBA has generally opposed fee shifting concepts unless such legislation taken as a whole encourages pretrial settlement by imposing penalties on all parties unwilling to make progress towards a meaningful settlement. The "loser pays" rule, which burst onto the Congressional scene early in 1995, has not passed that body and there is belief it may not pass the 104th Congress.
Fee shifts like HB 2279 in Florida in 1982 was sought by the Medical Society in one year, but repeal was sought a few years later when defendants found they paid fees but rarely collected them because of that state's bankruptcy laws.
Merely adding on a fee penalty based on who "wins" would not only require a large new English-style bureaucracy in the Judicial Branch to determine a "reasonable" fee, we believe a better rule to consider is for a reasonable fee penalty after the parties foil to settle if at trial the winning party does not do somewhat better than what is offered at trial. Such a penalty should come only after full discovery and settlement negotiations. The party seeking such fees should prove the settlement offer was reasonable and was unreasonably rejected.
Issue: Pleading, Proving and Awarding of Punitive Damages
KBA Position: KBA supports moderate legislation to curb certain practices concerning the pleading and proving of punitive damages in Kansas, but oppose caps on punitive damages.
Explanation: Public sentiment is growing that punitive damages are not always pled or awarded in clearly defined ways. There are calls for radical reform, including the abolition, of common law punitive damages. KBA believes a radical approach is unwise, and could create an improper imbalance in our social fabric. In our judgment the possibility of having to pay punitive damages deters willful, wanton, malicious or reckless conduct.
While KBA believes punitive damages ore important ingredients in the law, we do not feel their use is always appropriately justified. legislative testimony to the 1986 Summer Interim Committee on Tort Liability indicated punitive damages are sometimes alleged without proper evidentiary foundations in order to pressure risk-adverse litigants into settlement of actual damages claims. Kansas law now allows 1 0/12th of a jury to impose punitive damages where the
36 evidence otherwise war rants. In certain situations, the legal costs to defend punitive damages claims ore not covered by liability insurance, and the defendant is forced to incur additional costs for separate counsel.
While it is important to maintain the deterrence of punitive damages, social justice must insure punitive damages ore awarded only in appropriate circumstances. KBA supports punitive damage changes that do the following: allows bifurcation of the civil trial, so that in the first phose the trier of fact determines whether the conduct creates punitive damage liability. Only in the second phase of the trial will the trier of fact determine the appropriate amount of punitive damages after hearing appropriate mitigating evidence, including evidence that the defendant has already been punished. Require claims for punitive damages be proven by clear and convincing evidence the defendant acted with willful or wanton conduct, fraud or malice.
KBA believes punitive damages awarded under these modifications would preserve the importance of punitive damages while curbing any desire to abuse their use in civil litigation.
The legislature enacted punitive damage limits in 1987. legislation has been proposed as recently as 1995 to change the 1987 limits on punitive damages imposed by law. Changing the way limits ore calculated has the effect of merely preferring some civil defendants over others. From 1987 through 1996, only five cases affecting state punitive damage statutes hove been appealed, and none of the five discuss the limits on the punitive award. We do not believe the case has been mode to change punitive damage limits. Unless the legislature wonts to repeal such limits altogether, we prefer the 1987 statutory limits on punitive damage awards and oppose any such change. (Renewed 1 1 -30-01)
Issue: Tort Reform
KBA Position: The Kansas Bar Association opposes changes in the existing odversoriol tort law system including but not limited to
··rules governing residency of expert witnesses;
.. creation of dollar cops on nonpecuniary losses in personal injury actions;
·· changes in the collateral source rule regarding insurance proceeds or other economic considerations not amounting to post-injury personal mitigation of damages;
·· statutes of limitation; or
.. overall limits on awards unless proponents of such changes con demonstrate a clear and conv1nc1ng public need for such change and such change can demonstrate a clearly defined public benefit. Explanation: Fault-based tort low grew from our common law heritage, with some statutory modifications. While the antiquity of a low does not guarantee its reasonableness, it does insure that reasonable minds have discussed the underlying theories and the law.
The purpose of our tort system is to maintain a system of "individual justice." There ore two goals: ( 1) the wrongdoer compensates the victim of wrongdoing so that society in general will not hove to provide care; and (2) deter the defendant from repeating such socially undesirable conduct.
While modifications to a pure common law system have been made in the past, none have evolved without strong public involvement and a well-documented search for alternatives. The public must derive some basic and substantial benefit from tort changes before such change is warranted. Changes often involve a tradeoff the public must recognize and understand before such changes will have lasting public acceptance.
While KBA is not unalterably opposed to changes in the common low, we believe it should not happen without an exhaustive legislative process of review which hears all sides and gathers supportive evidence needed to resolve these complex issues.
37 Issue: Changes to the Kansas Civil Procedure Code to closely mirror federal rules changes regarding expert witnesses.
KBA Position: The Kansas Bar Association is hesitant to support automatic conformity to the recent civil rules changes in federal courts. The Kansas civil practice is less structured than the federal practice. While changes are proposed in 1995 SB 140, there has yet to exist a frame of reference in the Kansas federal courts by which we may test viability of the proposed changes in state courts. We support generally the changes proposed in Sec. 10 of the House floor version of SS 140 regarding how expert witness reports are exchanged and generally the other changes made in that section. Without more input, and at this time, we oppose use of the Daubert rule to control the means by which courts determine competence of expert witnesses.
Explanation: The changes in the Kansas rules do not go as far as federal rule changes. A Kansas change incorporates a new case management conference in lieu of the discovery conference which is not provided under Rule 1 36. The primary change suggested by the Judicial Council in the discovery statutes result from incorporation of changes from the new federal rules with reference to limitations on discovery, disclosure of expert testimony and duty to supplement disclosures.
Changes such as those amending KSA 60-456(b) found in Section 29 of 1995 SB 140, as amended by the House Committee of the Whole, by requiring "an expert to limit opinions to those a judge finds are based on reasoning or methodology which is scientifically valid which can be properly applied to the facts in issue" attempts to incorporate the findings of Daubert v. Merrell Dow Pharmaceuticals, 113 S.Ct. 2786, 2795-2800 ( 1993) into Kansas law. The older Frye test was rejected by the Daubert Court in part to conform to the less restrictive Federal Rules of Evidence, particularly Rule 702 which authorizes the admission of scientific knowledge which will assist the trier of fact. While Daubert may apply in federal civil cases, such application is not automatic to Kansas civil cases and we are not yet convinced Daubert's methodology in federal civil actions is a better rule than the older Frye test. We prefer to see how the Daubert test works in federal courts before requiring Kansas civil litigation to use that rule. Use of experts and the manner and means of arranging for depositions of experts is important in the civil practice arena. Requiring expert reports be "complete" has been proven to hamstring a party at trial or summary judgment if an expert's report is incomplete or the expert deviates from the report in any manner. In some federal jurisdictions, courts have limited or stricken expert testimony which does not comply exactly with affidavits or reports provided by experts under a similar rule. Sometimes adherence to rigid structure causes more problems than it solves. We believe changes to our code of civil procedure which are similar to those appearing in Section 10 of 1995 SB 140 as amended by the House Committee of the Whole, are preferable.
Issue: Strategic Lawsuits Against Public Policy.
KBA Position: KBA supports the general concept that it should be difficult to base a lawsuit on the exercise of the right of petition of government.
Explanation: SLAPP lawsuits are sometimes used as a procedural device to force citizens to forego the exercise of their First Amendment privileges, or punish them with significant legal fees and costs in defending such a suit. Often the origin of the statements which fostered the lawsuit are remarks in a public forum.
Free speech in a public forum attempting to affect government policy is the highest form of protected speech. While we recognize that the right to file meritorious legislation also is protected by the First Amendment, anti-SLAPP legislation in a dozen states has attempted to find a common ground and a means of assuring that meritorious lawsuits con be brought by aggrieved persons or individuals, but that government can also seek to hear from a cross-section of persons on public issues without citizen fears that their remarks will be turned into litigation by those with whom disagreements are found. State law, including the Model Rules of Professional Conduct, require all attorneys to refrain from filing lawsuits which have no purpose other than harass or embarrass citizens or delay justice. Thus the bar has a continuing duty to assure that our procedures allow free speech in a public forum but a right to redress for those aggrieved by such speech if the exercise of such speech is truly egregious and is actionable under law. Sometimes a SLAPP lawsuit is grounded in allegations of slander, libel, or on other tort grounds such as intentional interference with a prospective business advantage.
SLAPP legislation recognizes that public officials doing their public duty are immunized against remarks they might make in a public forum, subject to narrow exceptions. SLAPP legislation is a methodology providing limited immunity for the public when testifying to those public bodies, so long as the remarks can withstand the traditional common law
38 scrutiny. SLAPP legislation also provides a methodology to have judges quickly examine allegations by plaintiffs in such lawsuits to determine whether the lawsuit is appropriately grounded in slander. SLAPP legislation is consistent with our duties as members of the bar, and we support a bonafide effort to provide the state with such protections.
Issue: Business Records Subpoenas.
KBA Position: The Kansas Bar Association supports legislation to require notification of all litigants when business records subpoenas of nonparty businesses are subpoenaed.
Explanation: KSA 60-245a governs when and how businesses which are not parties to litigation (nonparty businesses) can have their business records subpoenaed. The intent of such subpoenas is to help litigants prove or disprove a contested point in the litigation. While the law requires records custodians in these nonparty businesses to seal the records inside an envelope and send them to the court, sometimes such persons send the records to the attorneys who subpoenaed such records. To prevent the possibility that records might inadvertently be opened, thus breaking the chain of custody of such records, the KBA suggests that all parties be notified of the issuance of a subpoena when such subpoena is issued.
1998 SB 551 would leave the 1997 amendments to this statute unchanged but provide that the documents will no longer be "filed" with the clerk at all. This is unacceptable since there is no way to insure that the documents have not been tampered with. Adversaries would allege that the firm subpoenaing the documents and reviewing them in private have made the record incomplete, thus making the documents ineligible for use in court.
Records simply need to be kept by the District court clerk's office in order to assure the integrity of the documents.
Issue: Y2K immunity
KBA Position: The Kansas Bar Association opposes creating immunity from liability based on Y2K computer software problems.
Explanation: The 1999 business community is concerned that there will be many failures in software around the world that will result in business interruptions and loss of profits. Their answer is to create immunity if businesses engage in certain good faith efforts at avoiding such interruptions.
Most of the facts indicate, however, that it is not Kansas litigants and businesses that will be the problem, but rather foreign suppliers of goods and services, many in Pacific Rim countries. Limiting liability in Kansas will not solve these sorts of problems. Thus, Y2K immunity for Kansas businesses in Kansas courts is a solution in search of a problem. Any fix that will work, if any, must be a national solution involving the Congress which in some manner protects American businesses from overseas problems.
Issue: Increases in Jury Compensation.
KBA Position: The Kansas Bar Association supports eHorts to review and increase iury compensation where appropriate.
Explanation: The Wichita Bar Association is suggesting changes to Jury compensation statutes. They suggest paying meals, mileage and parking, but no jury fee, for the first three or four days then a substantial per diem cost for those having to serve five or more days. Most jury trials are four days or less, but when a longer one does appear, the financial hardship to the juror can be considerable.
County governments fund the jury compensation budget but the state controls the cost of jury panels. Unless there is a financial wash to this proposal, the counties may consider this issue a form of unfunded state mandate on local governments. KBA supports the effort to pay jurors more daily fees.
(Adopted 3-3-00)
39 Issue: Advising jurors of statutory limitations on awards.
KBA Position: KBA supports telling the jury the limitation imposed by statute on an award.
Explanation: 1995 HB 2311 recommends in certain personal injury cases involving a statutory limit on awards, the court shall not instruct the jury as to a statutory limit on on award. This raises the issue of whether juries should know of statutory limits on awards.
The purpose of a "blind" jury is to ensure the jury's award is based on the evidence and not on artificial means of filling in a blank on on itemized jury verdict. KBA opposed 1987 efforts at limiting jury awards in civil actions in 1987.
With the advent of itemized verdict forms, we think it improbable that juries will pad some actual damage line items in order to compensate for a limitation on awards they feel is too restrictive. We believe that full and complete knowledge by the jury of the facts and the mechanics of the system of justice, including statutory limits on awards and the means by which such verdicts are adduced, should lead to equitable results.
Issue: predicating workers compensation benefits on release of other liability the worker may have with the company.
KBA Position: The Kansas Bar Association suggests either legislation or administrative reviews to insure that in order lor a worlcer representing himself pro se to obtain worlcers compensation benefits, the worlcer should be fully advised before entering into agreements to waive rights in other causes of action.
Explanation: Some workers acting pro se when injured on the job have been asked to give up causes of action in other forms in order to get workers compensation benefits. Sometimes there is a separate consideration for this waiver. Sometimes not. This often occurs when the amounts involved are small and the workers for whatever reason does not want to hire an attorney. Adhesion concerns are manifest in such situations.
KBA believes that either the law or the division of workers compensation, internally, should insure that workers do not have to give up possibly significant rights to litigation in order to obtain statutory workers compensation benefits.
Issue: Subrogation of health insurance companies.
KBA Position: The Kansas Bar Association opposes extending a statutory right of subrogation to third party claims to health insurance companies.
Explanation: K.A.R. 40-1-20 prohibits subrogation clauses applicable to health insurers regulated by the Kansas Department of Insurance. Proponents of statutory subrogation rights contrary to this regulation desire to bring Kansas into conformity with 38 other states which allow such rights of subrogation. Small amounts of savings on health care insurance (from one to possibly four percent) are estimated.
We believe subrogation clauses tend to increase litigation. Further, even if health insurance is allowed to subrogate, in order to be fair to all litigants, many amendments would be required to conform such laws to our existing collateral source rules and comparative negligence acts. Thus the minimal cost savings may prove illusory while at the same time subrogation may produce more litigation.
Issue: Should Congress enact federal legislation governing conduct of product liability litigation?
KBA Position: KBA supports a uniform product liability act by the Congress which implements a balanced law to give litigants in all states a lair and uniform playing field on which to resolve such disputes without changing substantive rules in the states regarding recovery of damages.
Explanation: There was strong consideration in recent Congresses for uniformity in presentation of product liability cases. Much of that consideration concerns "limiting" legislation: limits on awards, on contingent fees, and joint liability doctrines.
40 The focus of the business community, especially its manufacturing sector, on product liability issues is understandable, but perhaps springs more from a business perspective than a legal one. RAND's Steven Garber indicated managers frequently focus on maximum possible losses when engaging in business risk assessment. In such a process, worst case scenarios, no matter how remote, dictate business policy.
Further, the media covers the few civil cases that result in punitive damages for the plaintiffs far more than the many hundreds of jury trials that result in verdicts for the business defendants. Rarely do the media report on post-verdict reductions of jury verdicts or post-trial settlements in lieu of an appeal where plaintiffs receive far less than the jury authorized. This skewers public perception, Garber says, allowing businesses to make false assumptions as to their potential liability.
The business community has often turned to the legislative process to seek protections or advantages in law. To seek protection from litigation is not surprising. It is, however, the type of issue that should be truly based on a "crisis," and facts, not simply the wants and desires of an influential special interest.
KBA believes intrusion of federal statutory law into state tort laws is contrary to the purposes of the Tenth Amendment· of the U.S. Constitution. It also is unnecessary. The Kansas legislature already has decided that certain restrictions on noneconomic loss, collateral source rules and punitive damages will apply in product cases filed in Kansas. The proposed congressional acts would add nothing to our own law.
Facts and statistics do not show a need for federal interference in Kansas substantive product liability tort law. A study by the U.S. Department of Justice indicates product claims account for only five percent of all tort lawsuits, and tort claims are just a fraction of all civil lawsuits.
The business community knows that product cases are only a tiny fraction of litigation problems facing them. The Wall Street Journal reported in 1993 stated that "{b}usiness contract disputes with each other constitute the largest single category of lawsuits filed in federal court" and that product liability suits against Fortune 1 000 companies have actually dropped from 3,500 in 1985 to 1500 in 1991. Product liability litigation is primarily due to workplace accident and asbestosis cases. In 1985, 4,239 of 13,554 product cases filed in federal districts courts (31% of all federal filings) were asbestosis cases. The numbers of filings are in decline. The so-called "explosion" of product cases appears to be in limited areas.
Much has been made of our need for international competitiveness and the impact of our laws on such competitiveness. The Rand Institute for Civil Justice has estimated that the direct cost of product liability to American businesses represents less than one percent of the value added for most manufacturing firms, even those in reputed "high exposure" sectors, and that total liability risk costs for American manufacturers constitutes "much less than one percent of sales revenue."
To the extent product cases carry punitive damage claims, the General Accounting Office study found only 23 punitive damage verdicts were awarded out of 305 product liability cases studied in 1992. A comprehensive study by Rustad/Koenig showed that for the 25-year period from 1965 to 1990, only 355 punitive damage awards were issued in product cases and of those awards one fourth were reversed or remanded on appeal. The median of such awards was $565,000. Only one sixth of the punitive awards exceeded more than four times the actual compensatory damages awards.
This is not to say the system cannot be improved. Our litigation system is too expensive and time-consuming. What is needed is uniformity of procedures and presumptions in product liability law. KBA urges the Congress to consider the Kansas Product liability Act as a model, and adopt similar federal legislation so that product manufacturers in Kansas know with a degree of certainty what evidentiary burdens and standards are imposed on all product manufacturers in all American states.
We reject the need for Congress to change substantive tort laws of the states in order to meet a demonstrated need for uniformity and predictability.
41 Issue: Experience Rating of Kansas Health Care Providers.
KBA Position: KBA supports experience rating ol health care providers.
Explanation: Premiums for malpractice are high. They create a problem for health care providers. However, physicians, commercial insurers and the state's Health Care Stabilization Fund have been reluctant to require experience rating, so that those with more claims pay more premiums. In 1986, the legislature required such experience rating. Before the law was effective in 1987, the 1987 legislature was asked to repeal the section, and they did.
Throughout the 1987 and 1988 sessions, physicians repeatedly said the crisis in rural medicine was acute and that high premiums were driving doctors from the state. Many of these doctors were primary care physicians. To continue a physician-sanctioned system of class ratings within the profession but not experience rating within the classes means that physicians in the same class with dissimilar claims experience pay roughly the same premium. That is unfair to the physician with the better record. Most other lines of insurance are experience rated. So should medical malpractice.
Issue: Prejudgment Interest in personal injury maHers.
KBA Position: The Kansas Bar Association opposes the concept ol prejudgment interest but would support such legislation il the eHect of the bill, taken as a whole, encourages pretrial settlement by imposing penalties on any party unwilling to make progress towards a meaningful settlement.
Explanation: Settlement of legal disputes is preferred in the law, and should be statutorily encouraged. However, it takes all parties with cooperative counsel to effect a settlement. The concept of prejudgment interest as previously introduced penalizes only the defendant for failing to settle. The KBA does not support legislation which gives either side an upper negotiating hand in the process of finding a satisfactory settlement. Such legislation would not be in the best interests of justice.
In such legislation, both parties must be given adequate time for discovery before settlement offers which trigger the penalties are made. A balanced approach to this issue is required with prejudgment interest legislation.
Issue: Jury panels utilizing voter registration lists
KBA Position: The Kansas Bar Association opposes removing a court's ability to utilize voter registration lists when determining jury panels.
Explanation: State officials are concerned that people do not vote because they fear being chosen for a jury. Criminal defense counsel also are concerned that county reliance solely on voter registration lists skewers minority representation on jury panels, perhaps unconstitutionally.
Statutes require jurors be chosen from a combination of lists, including county motor vehicle registrations. The KBA opposes removing voter registration lists from the jury panel statute. Such removal would raise serious constitutional questions in the criminal law field. Administrative judges should insure no single list is utilized.
Issue: Contingent fee regulation.
KBA Position: The Kansas Bar Association opposes legislative regulation ol contingent lee contracts in legal matters. II such regulation is needed, it should come in a Supreme Court rule which sets guidelines lor trial courts to review the attorney lee contracts ol all parties, and make determinations of reasonableness based on the difficulties and circumstances of each individual case.
Explanation: The attorney /client relationship is intensely personal. Contingent fee contracts are designed primarily to insure that everyone has access to our judicial system. Contractual arrangements between attorneys and clients should not be abrogated by statute without sound, fundamental reasons of major public policy significance and which have a reciprocal benefit for all persons.
42 In 1984, a special subcommittee of the litigation section of the Kansas Bar Association studied the contingent fee contract system of Kansas. The committee had benefit of numerous law review articles, court rules and cases, as well as a 50 state survey of how the several states regulate or abstain from regulation of such contracts. All members of the special study committee were of the opinion that contingent fee contracts provide a positive service to the public in that they are the only way many deserving people can afford a judicial determination of their rights. While there is a general feeling by the public that lawyers benefit too much under contingent fee contracts, or that such contracts somehow cause lawsuits, these perceptions are unfounded. The Rand Corporation's study of contingent fees indicates use of the contingent fee screens some cases out of the system, and, on average, the lawyer using contingent fee contracts will earn about the same as his defense counterpart. The appearance of contingent fee abuse can be eliminated through continuing legal education, and if necessary, court rules.
Since the 1988 adoption of the Model Rules of Professional Conduct regulating attorney's fee contracts, the Kansas Supreme Court has not hesitated to regulate fee contracts it felt was excessive. It has implemented MRPC 1.5 regarding fees, which applies a unique net fee contingent fee requirement. Our law also requires attorneys to advise clients that their contingent fee contract is subject to review by a district judge. In re Tuley, 258 Kan. 762, 907 P.2d 844 (Kan. 1995); In re the Matter of Potter, 263 Kan. 767, 952 P.2d 936 (1998)
Punitive regulation of the contingent fee system by artificial limits not related to the specific facts of each situation may keep otherwise meritorious claims from the judicial system, which would disenfranchise a large sector of our citizens from dispute resolution systems. The negative social implications from such exclusion would be great. Regulation of such contracts is therefore best left with the judicial branch of government.
Issue: Standards for granting immunity or privileges against testifying in court?
KBA Position: The Kansas Bar Association opposes legislation immunizing persons from testifying, or grant privileges against testifying, in court.
Explanation: Courtrooms are intended to determine the best possible version of the truth, consistent with civil liberties. To further that goal, the judiciary and juries must hear all relevant evidence. At common law, there were well understood exceptions to the rule that everyone must testify when called upon. These are privileges such as attorney client, priest-penitent, doctor-patient, and the like.
Some interest groups seek to go beyond the common law privileges and avoid the duty to testify by expanding privileges against testifying in court, essentially immunizing themselves from disclosing documents under subpoena, or creating statutory "minimums of what constitutes prima facie evidence.
The Criminal and Civil Procedure codes abolished all common law privileges against testifying. K.S.A. 60-407 states that "except as otherwise provided by statute, no person has a privilege to refuse to be a witness." That code regulates many statutory privileges. While we do not challenge the ability of the legislature to define the parameters of when a person can testify, there must be structure to such changes.
Since the Code of Civil Procedure was adopted after extensive involvement of the Judicial Council and examination of case law the Kansas Bar Association opposes legislation that extends, limits or interprets rules of evidence regarding admissibility of evidence or testimony from otherwise bona fide witnesses, unless
1. there is significant Judicial Council study of such extension, limitation or interpretation, 2. a lesser restrictive method of meeting the identified problem does not exist, 3. case law is unable to speak to the issue in a manner consistent with good public policy, 4. the public interest in the change is compelling, and 5. the public interest is best served by the proposed change.
Issue: Should the size of civil juries be reduced and the less than unanimous jury concept discarded?
KBA Position: The Kansas Bar Association opposes reduction ol civil ;uries to less than twelve without agreement ol counsel lor the parties. Further, KBA supports retention ol the less than unanimous iury concept.
43 KLS has recommended legislation imposing a docket fee increase and post-divorce filing fees to partially fund an Access to Justice fund administered by the judicial branch. KBA supports this new funding mechanism as an unfortunate but necessary means of providing low-income Kansans with meaningful access to the justice system.
Issue: Merit seledion of judges
KBA Position: The Kansas Bar Association, although aware we have a dual system ol electing or appoint judges, supports a merit selection ol judges.
Explanation: Should judges be selected by voters in a political system or by Governors on the basis of merit? This question has been part of our judicial selection system since the Presidency of Andrew Jackson. An independent, impartial and qualified judiciary is more important to a republic than one which is popularly elected. The United States Supreme Court and the federal bench are good examples. Public officials elected by constituents are expected to be "representative" of the wishes and desires of the electorate. Such expectations, however, are inconsistent with an independent and impartial judiciary which, if circumstances warrant, must often protect minority interests against the will of the majority. Judges owe their first allegiance to the constitution, statutes enacted by the legislature, and the law, not majoritarian political pressures.
On balance, we believe the merit selection of judges based on qualifications for office rather than political or fiscal abilities to win partisan elections not only is the more desirable system of selecting judges but will result in a better cross-section of judges from our ethnic and gender communities.
As such, the Kansas Bar Association Board of Governors passed the following resolution on December 7th, 2012. It reads as follows:
RESOLVED, that the Kansas Bar Association supports the merit selection system for appellate judges and justices, independent of how merit panel members are selected. The present application, interview, questioning and selection process provides the best available information to identify and select the most qualified appellate judges and justices, independent of political considerations.
Issue: Conflids between statutes and the Model Rules of Professional Condud.
KBA Position: KBA supports eHorts to conform legislation to the Model Rules ol Professional Conduct.
Explanation: Prior to 1908, the regulation of the bar was left to statutory enactments. Fewer members of the legislature, however, are lawyers. And in 1972, the Judicial Article was written so as to give the Supreme Court the overall administrative responsibility for the practice of law and court administration. The Model Rules of Professional Conduct were adopted in Kansas in 1988. Much of their impact is on courtroom behavior and the means by which lawyers ethically represent their clients. Often unintentionally, the legislature enacts laws which parallel regulation of the bar found in the MRPCs, but other times they directly change the way the Court prefers to regulate the bar. An example is workers compensation contingent fees are allowed a statutory gross fee of 25%, while the MRPC 1.5 prefers all contingent fees be "net" fees.
Part of the legislative work of the KBA should be to ensure as much as possible that proposed legislation conforms to the Model Rules when it directly or tangentially regulates the practice of law.
Issue: Compensation of Kansas judges and judicial branch employees, including differentials between the trial and appellate bench.
KBA Position: The Kansas Bar Association supports increases in salaries ol district judges to at least the nationwide median lor judges and maintaining appropriate salary diHerentials between the trial and appellate bench. The KBA also supports improved, competitive pay scales lor non-judicial personnel in the judicial branch.
44 Explanation: An independent and impartial judiciary requires one that is compensated for the sacrifices, fiscal and otherwise, required of a judge. Kansas judges currently are paid well below the median amounts for judges in similar positions of responsibility in other states. Such increases should be implemented immediately.
KBA also supports changes in judicial compensation statutes so that judges get cost of living adjustments or step increases in pay plans in a manner consistent with other state employees.
Some lawmakers and judges believe raising docket fees and earmarking the increase for judicial salaries is appropriate. We think that is inappropriate. It is analogous to the old Justice of the Peace system where the judge was paid by the number of cases and fines he was able to conduct and levy. While we do not believe using docket fees would lead to the abuses of the old JP system, philosophically docket fees should be used to offset part of the cost of the judicial branch in toto, not just the salaries of judges. If docket fees are used to offset judicial salary increases, there is no good reason not to extend the concept to paying for the judicial branch entirely. That puts the costs of this branch of government entirely on the backs of the litigants -- except the largest users of state court resources are state, local and county governments-- and by law, government does not pay filing fees. Thus only part of the litigants using the system would be paying for it.
In the process of bringing such salaries to the national median, appropriate salary differentials between district judges and the appellate judiciary should be maintained.
The differentials should be commensurate with differentials in other states. In the past raising the district court salaries has acted to lower the differential between district court salaries and appellate justices. This reduced differential does not take into account financial sacrifice necessary for newly appointed appellate justices to give up their practice and move to Topeka in order to perform their duties.
We further support an increase in the legislative appropriation for judicial salaries direct from the general fund, and if necessary with augmentation by a reasonable increase in Chapter 60 filing fees.
There is also a growing crisis in funding salaries of nonjudicial personnel. While salaries of nonjudicial personnel in our court systems have kept pace with other state employees since it is based on the state pay plan, wide gaps have developed between what is paid to court employees at the county level and other county employees. District Court clerks in some counties are paid far below what other county elected officials are paid. This difference creeps into the pay schedules of deputy court clerks, too. In some Kansas counties near Kansas City, district court personnel are paid less than dealers and other personnel hired by riverboat casinos. Without the ability to attract and retain quality personnel in our district court clerk offices, the vital functions performed in such offices, such as collection and disbursement of child support, will erode. All persons seeking assistance of the legal system will suffer, especially the business community.
The judicial system benefits all tax payers. All should pay for it. The state general fund should pay for salary increases, not the litigants using the court system.
Issue: Compensation of federal judges.
KBA Position: The Kansas Bar Association supports the obiectives of H.R. 875 to insure a more stable compensation system lor federal iuclges.
Explanation: The KBA has long supported adequacy of judicial branch budgets. Recently, Congress has repeatedly failed to adjust judicial salaries, even with cost of living adjustments. The lack of a dependable and secure compensation system for federal judges, and political assaults on federal judges make it difficult to secure and maintain qualified candidates to become judges, and maintain an independent federal bench. Congress should speak to this problem and assure that judicial salaries are not diminished because of inflation, and should help maintain an independent federal judiciary.
45 Issue: A permanent Independent Citizen's Commission on Judicial Compensation.
KBA Position: The Kansas Bar Association supports the creation of a permanent independent citizen's commission on judicial compensation. A majority of the members of the commission should be lay persons.
Explanation: Keeping judicial salaries attractive is an ongoing problem which should be addressed by a permanent citizens' commission. Historically, the legislature has been reluctant to fund judicial salaries at levels which remain competitive with other key members of the executive branch, and judicial colleagues in other states.
In 1979, similar recommendations from a citizens group were not implemented by the legislature. The idea of a commission has merit, however, and should be renewed. We see no reason not to expand the concept to include recommendations on legislative and executive branch salaries, too.
Issue: Term limits for Judges
KBA Position: The Kansas Bar Association opposes term limits lor judges.
Explanation: In 1787, the founding fathers devised a unique government where a separate judicial branch, not beholden to the passions of the electorate, would make the difficult decisions necessary to dispense justice free, as far as humanly possible, of political influence.
While the founding fathers discussed but did not adopt the concept of "rotation" for Congressmen and Senators, a form of voluntary term limits, this concept was never considered for judges. The founding fathers felt judges should have lifetime tenure during good behavior.
Term limits have become populist means by which people assure that governors and Presidents - and now legislators - do not become career politicians. While it would take a constitutional amendment at the federal level to impose term limits on the federal bench, the Kansas constitution is less certain.
While policy makers can argue over whether the experience that comes from longevity in a public office may or may not be desirable in legislative branch officials, longevity is desirable in the judicial branch where experienced judges must be able to handle strong-willed attorneys with decades of advocacy experience. Term limits for judges would not strengthen government. A lawyer who gives up a practice to become a judge will not do so if service on the bench, no matter how good that service is, turns out to be for a comparatively short time. Whatever period of time is chosen for the "limit," if imposed on the judiciary, lawyers would not seek judicial office until within that number of years of retirement. No lawyer wants to build a practice, take a term of years on the bench, and then because of a term limit be forced to return to private practice and build a practice all over again. This severely restricts the number of qualified attorneys who would serve on the bench.
All judges in Kansas are subject either to merit retention votes or reelection. If judges are not doing the job in their public service, voters do have recourse. These individual decisions - made with individual judges under local circumstances- are the correct way to handle a judge's length of service.
(Renewed 11-30-01)
Issue: Attorney fee regulation in Workers Compensation matters.
KBA Position: The Kansas Bar Association opposes further statutory restrictions on attorney lees in workers compensation matters, including defense counsel regulation.
Explanation: Prior to 1955, contingent fees in workers compensation matters were not regulated by statute. Then statutes were limiting claimant's fees to no more than 25 percent. In 1987, the law was changed to allow a "reasonable fee set by the director of workers compensation, not to exceed 25 percent" of the total.
46 In the 1992 session there was a call for further restriction on the attorney's fee in order to hold down costs. Further, by restricting what the comp system would pay for injuries, it was felt that by limiting fees, the net to the workers would be increased. Suggested changes included limiting the 25 percent figure to the excess of the recovery over and above what the company offers the worker prior to the worker seeking assistance of counsel. While some think such on arrangement merely codifies what is currently the practice, we would suggest that under current low the Director has all the authority he or she needs to in fact make that the "reasonable fee" arrangement under workers compensation low.
In addition to the workers compensation statute, Model Rule 1.5 regulates the reasonableness of attorney fee contracts. Further statutory regulation is unnecessary.
Issue: Initiative and referendum
KBA Position: The Kansas Bar Association opposes initiative and referendum.
Explanation: In 1792 as port of his writings on the First Amendment's petitioning clause and noting the lock of a written English constitution on the unchecked powers of Parliament, James Madison wrote of the need for written constitutions and unalterable rights. He felt such written guarantees were needed because the body politic might often produce undesirable results if permitted to govern exclusively by majority rule. He preferred a system of elected lawmakers exercise their best collective judgment, and that those lawmakers not be bound to petitions and instructions from home. In that regard, the federal constitution disallows initiative and referendum, preserving instead a "republican" form of government.
Madison did not oppose petitioning and instruction forms of lawmaking. Petitioning and instruction was a form of initiative and referendum, and was common in the 18th Century colonies. Unlike petitioning, which requires no vote, initiative and referendum puts issues in front of voters for their decision. Initiative is one way of governing a state. We do not believe it is the best way.
States were free to adopt other forms of government. After the civil war, initiative and referendum began in the populist era when legislatures were perceived as being unresponsive to the needs of the time. That is not, and has not been, the situation in Kansas. Generally this state has hod a very responsive and responsible legislative system. While some Kansans believe the legislature may not hove always acted in their best interest, they con rarely criticize or point to legislation that was necessary that was not enacted because the legislature was controlled by "special interests." Initiative and referendum is not the answer to those who feel a legislature has not done the right thing. The least valid reason to enact initiative and referendum is the number of other states with the low. In states with initiative and referendum it often makes ballot counting more difficult and leads to ballot confusion. Sometimes contradictory issues are on the some ballot, and pass not on their merits but because voters were confused. The concept also con be lead to extreme positions by the majority of voters who react to fear campaigns.
As was stated by the Notional Association of Attorneys Generals in a 1988 position paper on individual rights: "It is on unfortunate fact of American history that if the rights of blocks, Indians, women, Hispanics, Italians, or Jewish citizens were put up to a popular vote at particular stages of history, the results would be catastrophic." A deliberative legislative body is not a guarantor against such results, but it is easier to hold legislators accountable for their votes than it is the public reacting to often misleading statements and tactics in media oriented initiative and referendum campaigns. The major beneficiaries of initiative and referendum ore newspapers and media who benefit from the pre election advertising.
Absent a showing that the Kansas Legislature is historically unresponsive to the people it serves, we do not believe initiative and referendum is needed nor is it desirable.
Issue: The Equal Rights Amendment
KBA Position: The Kansas Bar Association supports the submission ol an Equal Rights Amendment to the several states lor ratification.
Explanation: When the Declaration of Independence was written, it is historically clear that while "all men were created equal," in political fact they were not. Women were not considered equal with men, nor has the constitution always been interpreted to grant equal status to women. The Kansas constitution of 1859 was one of the first state documents
47 to provide for marital property rights of women. This state has a long history of supporting women's rights. While it is true federal legislation now exists which partially guarantees equality of the sexes, we believe statutory changes might be enacted which con dilute the rights of women in our society. The concept of equality of women is so important that the Kansas Bar Association believes it should be included in the United States Constitution.
Issue: Should minimum mandatory automobile insurance coverage be increased?
KBA Position: The Kansas Bar Association supports increasing minimum mandatory automobile insurance coverage.
Explanation: Since implementation of no-fault insurance in Kansas in 1974, the state has required minimum levels of liability coverage as a condition of the privilege of driving in Kansas. That level is currently $25,000. Proponents of increasing the amount argue inflation, especially medical inflation, has eroded the protective power of such insurance.
Indications from Kansas-based insurers are that only 13% of all automobiles corry the minimum amounts. Most others carry $50,000 or $1 00,000 in liability coverage. Thus a higher requirement will affect only 1 3% of the automobile insurance policy premiums. The cost of the change, while not insignificant, is manageable. If public policy behind mandatory insurance minimums is to be given meaningful effect, the limits required by law must keep pace with inflation in the cost of bodily injuries and comprehensive damage. KBA supports such an inflationary increase up to $1 00,000.
Issue: Automobile no fault insurance at the federal level, so called "choice" proposals.
KBA Position: KBA opposes national no-fault liability laws. State legislatures should determine such issues. Explanation: Congress is considering automobile insurance "choice" proposals. On April 22, 1997, the legislation was introduced that would preempt state automobile no-fault liability laws and create a federally mandated system where consumers would have to choose between two types of coverage.
The first type, personal protection, would permit motorists involved in an occident to recover from their own insurance company on a no-fault basis for economic losses. While the motorist could sue the responsible party on a fault basis for uncompensated economic damages in excess of his or her policy benefits, he or she would not be able to recover for non-economic losses. The second type of coverage, tort maintenance, would allow drivers to cover themselves for whatever level of economic or non-economic damages they want. Motorists with this type of coverage would be able to recover both economic and non-economic damages from their own insurance policies after proving fault if involved in an accident with a motorist who has personal protection coverage. Compensation for accidents involving drivers who each have tort maintenance would not be affected by the legislation. How the two systems work together -- when a "regular" insured has a collision with a "no fault" insured -- makes the system terribly complex and hard to underwrite.
This proposal comes from one major automobile liability insurance company and a few allies, but opponents include many actuarial organizations and other automobile insurance companies. Even organizations like the American Academy of Actuaries has opposed it because they are unsure whether the proposal actually will save premium dollars as proponents allege.
Proponents argue that a few insurance companies oppose the change because they make more money off premiums in the current system. The strongest argument of opponents was that by imposing this option by Congress could adversely affect the existing rates of insurance by some states, including Kansas, which already have no fault automobile liability insurance.
The ABA opposed the system because of their long-standing commitment to state legislatures deciding tort issues. Historically, KBA has opposed federalization of these sorts of issues.
Either way, with the insurance industry itself divided. With uncertainty as to whether states with current no-fault systems would be adversely affected, now is not the time for automobile insurance consumers to become financial guinea pigs.
It is better to leave such tort system changes to the determination of each state legislature.
48 Issue: No Fault Medical Malpractice compensation systems.
KBA Position: The Kansas Bar Association is opposed to legislation which purports to create a system of compensation lor medical malpractice on a no fault basis.
Explanation: While such concepts are limited to setting up a no fault system of compensation individuals injured by medical care providers rendering services under certain federal health core programs (i.e., Champus, VA Hospital Care, Medicare, Medicaid), implementing such a law would cause a clear and fundamental departure from common low tort compensation. One of the main purposes of our system of tort compensation is to deter the activities of a negligent defendant. The suggested concept tells health core providers there is no legal concept known as "negligence" and injects into our legal system on unwarranted theory. The citizens of this nation ore the beneficiaries of the legal system, and there is no brood move on their port to request this system of compensation. They ore not assured such compensation will be any fairer or more thorough than the present system.
Issue: Law-related education.
KBA Position: The Kansas Bar Association supports law-related education eHorts and funding.
Explanation: Before the Bar con expect better understanding of the legal profession and its role in society, teaching the importance of our legal system must become a part of our school system. Teaching such information is called "Law Related Education." The State Board of Education and the Kansas Supreme Court have embarked on a joint project to provide LRE efforts in public schools. The Kansas Bar Association supports such efforts.
Issue: Regulation of Campaign Contributions from Corporations, Union and Political Action CommiHees.
KBA Position: The Kansas Bar Association supports legislation to return Kansas politics to a system where the primary financing element of those campaigns is a natural person with a personal checlcing account.
Explanation: In 1994, the voters of Kansas and this nation seemed to say they wanted less government spending and less bureaucracy. If we believe in that goal, spending ever increasing amounts on campaigns is contrary to that goal. It is hard to believe that candidates who spend ever-increasing sums on campaigns are going to be frugal with the public's tax dollar.
PACs, corporate and Union contributions have tilted the "dependency" of candidates to large contributors. As campaigns become more expensive, driven up by ev~r larger numbers of PACs and growing corporate contributions, elections become like warfare. Escalation by one side brings on higher expenditures by the other side. In the 1994 general election, 84 percent of all contested Kansas House races were won by the candidate who spent the most money.
Abolishing direct PAC, corporate and union contributions will impact incumbents and challengers alike. We support legislation which amends current law so that only individual contributions can be sought and directly received by candidates for state public office. The prohibition includes state party contributions, except those given through the national party to the state party.
This concept does not eliminate PACs or prohibit them from making independent contributions to candidate campaigns. Our concept puts a premium on candidates convincing PACs, businesses and unions to raise funds from the individuals in their organizations rather than the organization itself.
We believe that if the legislature is going to prohibit PACs, the legislature must treat Union and corporate contributions the some way. Otherwise on unleveled playing field results.
Real Estate, Probate & Trust Law
Issue: Trustee non-claim notice.
KBA Position: KBA opposes this unnecessary method of notifying debtors of a deceased.
49 Explanation: HB 2702 was introduced in the 1998 session by the Trust division of the Kansas Banker's Association. The bill requires trustees of a trust with the duty to pay the debts of a decedent to give legal notice to creditors of such a decedent.
We believe the bill is not needed to protect a trustee since the normal probate non-claim statute cuts off all creditors if a probate is not opened within six months after death even when no actual notice is given to ascertainable creditors. There are U.S. Supreme Court cases upholding this kind of self-executing statute of limitations as being constitutional.
If the six month statute of limitations has a constitutional defect, then there is a number of probate procedures that do not toll the six months and an executor/trustee using one of those procedures would not be covered by the new proposed legislation, thereby creating a gap.
If the notice is not given, which includes both a publication notice and an actual notice to ascertainable creditors, the bill makes the trustee liable for the debts. That changes the current creditor law in Kansas to make it much more unfavorable to be a trustee, and unnecessarily requires trustees (particularly of small trusts) to incur the expense of publication and actual notice when it currently is not necessary.
At the least such a notice provision should run parallel with the non-claim statute in the estate. For example, the requirement of notice applies whether the six months has run or not. In a probate estate, you have the six month provision to cut off claims. Without parallel tracks, the creditor exposure for a trustee of a living trust is in far worse position than an executor of a probate estate.
Issue: notary signatures; out-of-state self-proving wills.
KBA Position: The Kansas Bar Association supports legislation to allow Kansas notaries to witness signatures required lor the validity of Kansas testamentary documents but obtained in other states.
Explanation. KSA 59-606 requires a signature for self-proving wills by a notary who is authorized to take acknowledgments "under the laws of this state." Advances in medical science mean that, unlike the early and mid parts of the 20th Century, Kansas residents may spend their last days in another state but yet desire to make valid wills and codicils to dispose of their Kansas property.
While Kansas notaries can witness documents in Kansas, the statutes do not allow witnessing of self-proving wills by notaries from other states. An out-of-state notary's signature would invalidate a Kansas self-proving will. Such technical hair-splitting based on where the Kansan spends their last days is not desirable if it leads to thwarting the valid and coherent desires of a dying citizen.
We believe amendments to KSA 59-606 are warranted and justified.
Issue: imposing on the kin of decedents the funeral expense debt.
KBA Position: The Kansas Bar Association opposes 1995 HB 2515 and similar legislation imposing on next of lcin of a decedent the funeral expense debts of the deceased.
Explanation: Such legislation imposes as public policy the requirement that immediate family members of a deceased assume all unpaid funeral expenses. This issue comes about as SRS is being pressured to cut back on funeral expense costs, thus the morticians look elsewhere for full compensation. If statutes allocate such costs in this manner, why not all hospital bills, all unpaid medical and all legal costs, too.
Cutbacks on state funding are an insufficient reason to impose this sort of requirement. It may have Fifth Amendment implications, since the law imposes on private individuals the obligation without due process and one heretofore paid by the state or county government. In many instances, the decedent may have disinherited the next of kin, but they are left with major debts. A different solution to SRS problems must be found.
50 Issue: Medicaid payments as a fourth class claim.
KBA Position: KBA supports reclassification of Meclicaid payments as a fourth class claim.
Explanation: Several years ago, SRS sought approval to reclassify Medicaid claims as a higher level of claim in probate of small estates. New legislation HB 2184 seeks to reclassify such claims as fourth class claims, the same as it was several years ago before amendments to KSA 59-1301. We agree with this proposed change. The change several years ago had the effect of elevating SRS death claims in small estates to a higher class, thus paying more of them. It was uncertain why SRS should be paid when treating physicians and others were not being paid.
Issue: evidentiary proof in probate.
KBA Position: KBA opposes submission of trust or testamentary documents to probate without some independent proof of authenticity.
Explanation: 1995 HB 2110, permits submission of a will as valid without necessity of the proponent of the will to prove the will or make a prima facie case of validity if there is no contest. The proposal may seem attractive in those circumstances where witnesses may be difficult or impossible to find, but we believe that, on balance, the formality of proving a will and the formality of its execution and the requirements of proving a will should remain the same. The Probate law Advisory Committee of the Kansas Judicial Council considered this concept and opposes it. The advent and wide-spread use of self-proving will clauses will alleviate much of this problem. It is not our belief that our position here conflicts with Chapter 179 of the 1995 session laws.
Issue: Removal of trustees
KBA Position: KBA opposes any concept that trustees named by a grantor in a trust instrument can be removed except for cause.
Explanation: It is the grantor's trust that is being changed. It is the grantor's will that is being followed. And it is the grantor's money or property. Beneficiaries should not have the right to change these designations without some showing of cause.
Issue: The Rights of the Terminally Ill Ad.
KBA Position: The Kansas Bar Association supports adoption of amendments of the Rights of the Terminally Ill Act recently completed and recommended for state adoption by the Uniform laws Commission embodied in the Kansas Natural Death Act, KSA 65-28,101 et seq.
Explanation: Since 1976, when California adopted the first "living will" law, thirty-five states including Kansas, have adopted similar legislation. Under this act, a competent adult can execute a declaration specifying the life-sustaining medical treatment may be withheld under certain circumstances.
Recent amendments to these laws were recommended by the Uniform laws Commission, which KBA believes should replace our existing law. Although Kansas has a Natural Death Act, uniformity in this area of law is desirable.
Taxation
Issue: Kansas Pick Up Tax Policy
KBA Position: The Kansas Bar Association supports Judicial Council legislation make modifications to the pick up fax.
Explanation: In 1998, the legislature repealed the state's inheritance tax in favor of a pick up tax approach. Only decedents with a taxable estate exceeding $625,000 are subject to the state's pick up estate tax. Several issues were left over for resolution in the 1999 session. In the past, to enforce payment of the tax, the state placed a lien against real estate in Kansas. Now, the federal lien is felt to be sufficient and there no longer needs to be a state lien. Instead of the lien, the Judicial Council recommends a concept known as "transferee liability." A recipient of property
51 from an estate becomes personally liable for payment of the estate tax to the extent of the value of the property received. Other issues recommended by the Council include:
··That the requirement the district court make a finding that all taxes have been settled prior to allowing a final accounting be repealed.
·· Remove the requirement that a dosing document be sent either to the court or the register of deeds. Like the IRS, the dosing document will only be sent to the personal representative and any tax preparer.
We believe these changes make our estate tax more responsive and a better law.
Issue: federal taxation of nonprofit association interest as Unrelated Business Income.
KBA Position: The Kansas Bar Association opposes Clinton Administration proposals to fax the idle invested funds of nonprofit associations.
Explanation: The Clinton Administration announced in 1999 they would like IRK 501 (c)(6) nonprofit associations such as Bar Associations to have their idle funds taxed as unrelated business income tax (BIT). The long-standing BIT tax was initiated several decades ago to tax certain income of nonprofit associates where those nonprofits were engaged in activities that directly compete with for-profit businesses.
The taxation of nonprofits that compete with for-profit enterprises makes sense, since the for-profits must pay an income tax and nonprofits do not, even when selling the same goods or services. However, having the government tax investment income of nonprofits on the "UBIT theory" does not make sense. Interest on idle funds allows nonprofits to defray part of the operating expenses of the organization, and that organization then is able to provide goods and services that for-profit corporations cannot or will not provide.
Society gains from the work of nonprofit associations. Taxing this revenue will only incrementally weaken nonprofits around the country. The KBA opposes this new federal revenue source.
Issue: tax liens on personal property.
KBA Position: The Kansas Bar Association opposes extending fax liens to personal property of our citizens.
Explanation: Current statutes allow liens against a taxpayer's real estate if there is a failure to pay personal property taxes. The legislature is considering a bill that would impose the same sort of lien process on personal property. The bill is largely in response to the holding in High Plains Oil v. National City Bank of Cleveland, Ohio, 22 Kan.App.2d 968, 925 P.2d 846, (1996). This case involved a county's tax lien against oil and gas leases. Because such leases are personal property rather than real property, the statute imposing a lien on realty does not apply. Placing tax liens by statute against real property when the taxes are unpaid makes sense, since real estate cannot easily leave the state and county officials know when real estate title changes hands. While in the abstract it sounds like good policy to place such liens on personal property too, in practice it would cause enforcement problems. Persons and corporations that buy real property have elaborate title opinions or get title insurance which review the tax status of the property, almost always assuring that taxes have been paid before or as the sale is completed. This is not easily done with mobile personal property.
Current law allows a lien on personal property if the personal property is sold between the date of assessment of the tax and taxes remain unpaid by the date of sale. The lien does not attach if there is a change of status in the character of the property but it is not "sold." For the statute to apply, the owner of the personal property at the time of the tax assessment must also be the seller of the property. The case which prompts the legislation involves taxes on an oil and gas lease that, between the date of assessment and before the tax is paid becomes part of a bankrupt estate, but was never "sold" in the classic sense. In such situations, the lien on personal property does not apply.
Further, January 1st is the date of assessment for personal property taxes. If an automobile owner "0" transfers title on December 29th to "B" and property taxes are assessed on January 1st but "0" is notified but "B" is not, if "B" sells the automobile to "C" on January 1Oth, who owes the tax? Putting a lien on the automobile would place the onus on "C" to pay the tax even though it more rightly should be paid by "0" or "B." Such liens without an instant means of
52 determining whether automobile taxes had been paid would require a major and perhaps expensive change in our tracking bureaucracy.
In our example, the county can still require "B" to pay the tax by placing a lien against any real estate owned by "B". If "B" does not own real estate, the county can collect the tax by means of an ordinary civil lawsuit against "B." Considering that many automobile taxes are rather small, these remedies are adequate. For these reasons, KBA opposes expanding our lien laws.
Employment Law
Issue: Whistle-blowers statute
KBA Position: The Kansas Bar Association supports keeping any statutory expansion of the whistle-blower protections to the equivalent of existing common law.
Explanation: Civil service law was a late 19th Century attempt to create a career government employee service and insulate nonpolitical appointees and positions from the whim of politically-based job terminations. KSA 75-2973 was enacted in 1984 as part of the civil service code to protect classified state employees against job-related retaliation if the employee reported to any legislator, or the legislative post audit committee, any wrongdoing that he saw within the agency. This is the statutory whistle-blower act.
Common law whistle-blower lawsuits, however, are much different. They govern all other types of employees. The purpose behind such lawsuits is found in Palmer v. Brown, 242 Kan. 893, 7 52 P.2d 685 ( 1988): "Public policy requires that citizens in a democracy be protected from reprisals for performing their civil duty of reporting infractions of rules, regulations, or the law pertaining to public health, safety, and the general welfare. Thus, we have no hesitation in holding termination of an employee in retaliation for the good faith reporting of a serious infraction of such rules, regulations, or the law by a co-worker or an employer to either company management or law enforcement officials (whistle-blowing) is an actionable tort. To maintain such action, an employee has the burden of proving by clear and convincing evidence, under the facts of the case, a reasonably prudent person would have concluded the employee's co-worker or employer was engaged in activities in violation of rules, regulations, or the law pertaining to public health, safety, and the general welfare; the employer had knowledge of the employee's reporting of such violation prior to discharge of the employee; and the employee was discharged in retaliation for making the report. However, the whistle-blowing must have been done out of a good faith concern over the wrongful activity reported rather than from a corrupt motive such as malice, spite, jealousy or personal gain." (emphasis added)
We are moving away from larger government, towards smaller government, through downsizing and privatization. As government changes and more functions of state government are privatized or given to local units of government, state auditing agencies lose some of their jurisdiction to discuss with classified state employees the functioning of those private entities or local governments which not have assumed, by contract, the role of state government.
The 1996 legislature considered legislation from the Kansas Association of Public Employees to dramatically change the grounds for bringing a lawsuit for wrongful discharge as a whistle-blower. Instead of requiring lawsuits only in situations involving infractions affecting the health, safety and welfare of the public, the legislation wanted employees to be shielded when discussing any operations of the agency. By extending the statutory whistle-blower action to all employees of any business or profession that contracts with state government, thousands of new employees were brought under the act that have no connection whatsoever with the original intent of the law to protect the civil service employee.
Among the problems created by the bill is a narrow and unclear handling of the attorney-client privilege. The KBA prefers to assure that in such changes attorney-client matters could not be divulged by a law firm employee seeking whistle-blower status.
Other problems identified with the original bill were:
1. In the private practice of law, confidentiality is imposed on lawyers by Supreme Court rules. (Model Rule of Professional Conduct 1.6 of the Kansas Supreme Court.) Since a lawyer is responsible ethically for the adverse conduct of lay employees, Rule 5.3 extends the confidentiality requirement to employees of the lawyer. The bill is a statutory
53 exception to MRPC 1.6 and MRPC 5.3, unless modified to exempt from the statute's application statements made in violation of the Model Rules of Professional Conduct.
2. The bill grants protection for any communication about the agency or the subcontractor regardless whether they rise to the level of "public concerns." This extends whistle-blower protection beyond existing case law.
3. Section (b)(1) protects report of violations of state or federal law, or rules or regulations, permitting the report to any person, regardless of the interests of that person. That would allow disclosure of information to the press rather than supervisors. Again, if conformity to existing case law is desirable, then the bill's protections should be limited to disclosure affecting public safety, health or general welfare.
4. Under common law, plaintiff must prove the discharge under clear and convincing evidence. Stuart v. Beech Aircraft, 7 53 F.Supp. 317, 324 (D. Kan. 1990). The legislation is silent on which level of proof is required.
5. The bill changes the attorney fee shift from one that favors the whistle-blower to one that favors the prevailing party. The whistle-blower that loses a lawsuit against the state agency or the contractor will have to pay the state or local agency's, or the contractor's, legal bills. Fee shifts will discourage legitimate as well as frivolous whistle-blower lawsuits.
We believe if such changes are to be made in the statutory whistle-blower lawsuit and include the employees of private businesses, then we believe the statute should more closely mirror common law whistle-blower causes of action.
(Renewed 11-30-01)
Issue: Competitive bidding of legal services for state and local government.
KBA Position: The Kansas Bar Association opposes the competitive bidding of legal services.
Explanation: Several bills were introduced in the 1997 session to require competitive bidding of legal services be applicable to most state and local government agencies. We believe the bills, while well-intentioned, will not produce the advantages claimed by proponents and will cause attorney-client problems in the bargain. The basis of the attorney-client relationship is the client's trust and faith in the symbiotic relationship between attorney and client. lawyers take on fiduciary responsibilities for each client they represent, including government clients. To base the attorney-client relationship solely on who bids lower on a contract is to invite financial manipulations by counsel seeking the employment to the detriment of trust and competence. Further, all clients have a right under our Model Rules of Professional Conduct to hire and fire their attorneys without cause. Injecting a "contract" approach based on a competitive bid is a statutory change to a model rule, at least for government agencies seeking legal counsel. See Crandon v. State of Kansas, 257 Kan. 727 ( 1995).
The attorney general is usually responsible for hiring attorneys to defend state agencies and employees in civil litigation. While that often results in attorneys being hired who have ties to the AG's office, it also allows an independent review of the qualifications of such attorneys regardless of political affiliation- something the competitive bidding process lacks unless the contracting agency "loads the specs" of the contract. Such action would, in our opinion, defeat the purpose of competitive bidding in the first place. Competitive bidding contract law gives to one government agency the authority to formulate guidelines on how other agencies hire attorneys. When the bill applies to local units of government, the potential for a conflict of interest arises.
We believe the enactment of such law would foster the presentation of artificially low hourly rates and attract only attorneys who have limited demand for their services.
No other state that has such a comprehensive system of bidding on legal services. The cost to government of implementing a pure competitive bidding concept is considerable, and can be more costly than the current system. For example, since all state legal contracts would be based upon competitive bid, it would be necessary to advertise the bid contracts in appropriate trade publications. The state's budget division estimates such advertisements alone would cost the state an additional $2.0 million per year.
54 If legal services are capable of being competitively bid, there is no reason why other professional services should not be bid that way. Architectural and engineering services typically are let through negotiated bidding. The fact that such other services are not being bid competitively through open bidding is an indication that competitive bidding in these other professions is unworkable. We do not believe it will benefit government to bid legal services this way, either.
Also part of this issue is a recent attempt in Congress to regulate "pay for play" activities, that is, prevents lawyers and other professionals who contribute money to campaigns from getting government work or contracts. The ABA has by resolution recommended bar associations condemn "pay for play" activities of lawyers in that it violates MRPC 7.2 which prohibits lawyers giving anything of value to other persons to get them to recommend the lawyer's legal services. While this may be a legitimate concern, competitive bidding of legal services is not the recommended ABA alternative.
Certain state agencies already, by law, use competitive negotiation processes to hire attorneys, primarily for collection purposes. {See KSA 22-4523(e), 75-719, 59-2006.} Many such statutes exempt the activity from competitive bidding requirements. To require competitive bidding in these areas would change the dynamics of how legal services are provided and perhaps cost the state more money.
We believe the current system of hiring attorneys, although possibly imperfect, is better than the proposed competitive system.
(Adopted 3-3-00)
55 KANSAS BAR ASSOCIATION ETHICS ADVISORY OPINIONS
The KBA Ethics Advisory Opinion service is available to members of the KBA. Opinions are issued by the KBA Professional Ethics Advisory Committee and are not binding in any judicial or disciplinary proceeding. The Office of Disciplinary Counsel receives a copy of the opinions, but does not comment on them.
• Limitations - Ethics opinions are not issued if the matter on which an opinion is being sought is the subject of litigation. Requests must concern a lawyer's own future conduct, not past conduct. Opinions are also not issued with regard to questions of law, such as interpretations of rules, statutes or cases.
• Formal or Informal - The KBA will issue either informal or formal opinions. Informal opinions are spontaneous discussions with the KBA legislative Counsel or with members of the KBA Professional Ethics Advisory Committee, to which the caller is referred by the legislative Counsel. little research is spent on informal opinions. Formal opinions take longer, generally three to six weeks, but are well researched. Once again, both informal and formal opinions are not binding and should not be used as a substitute for advice given by the Office of the Disciplinary Administrator. The Office of the Disciplinary Administrator will frequently discuss ethical situations with attorneys and may be where an attorney should make his or her first inquiry, especially in situations where an expedited response is necessary.
• Confidentiality - All opinion requests and opinion releases are kept confidential. Final versions of opinions do not identify the requesting attorney.
• Requesting an Opinion- To request an informal opinion, simply call (785) 234-5696 and ask for the Director of legislative Services, Joseph Molina. For a formal opinion, send a letter to the address below, stating the facts upon which you want an opinion and self-certify that ( 1) you are a KBA member and are seeking the opinion for yourself and no one else, (2) that it is not for use in litigation or disciplinary matters, and (3) that you want the information for guidance on future conduct.
56 KANSAS BAR ASSOCIATION CONTINUING LEGAL EDUCATION POLICIES & PROCEDURES
PURPOSE AND GOALS
The purpose of the CLE Committee is to implement a multi-faceted continuing legal education program which enhances the competence of Kansas lawyers via quality programs and materials offered in an affordable and accessible manner.
The goal of the CLE Committee is to provide quality CLE presented by qualified and prepared speakers. The faculty should prepare written materials that are an aid in understanding the subject area at the seminar referred to later. All speakers must prepare written materials. Please note that the KBA does not provide honoraria to faculty if they are members of the Association. The KBA pays the expenses for travel, meals and lodging. It is important that the coordinator discuss the travel and reimbursement policy with your staff liaison before commitments are made to the faculty.
Sections of the Association have the opportunity to offer at least one program during the CLE calendar year. If the Section believes there are topics that need to be addressed, the Section's CLE Liaison should notify their staff liaison with ideas and CLE concerns.
The Committee may also have the opportunity to offer programming throughout the year. To schedule a CLE please contact the Danielle Hall, Director of Law Practice Services at [email protected] or at (785) 234-5696.
DEVELOPING A CLE
When developing CLE ideas, sections and committees should consider the following:
• Ethics component- A one or two-hour ethics component to each seminar. Evaluations show that members want and need this topical element. Please indicate such a component in your request, if applicable.
• ADR component - With an increased interest in alternative dispute resolution methods, consider including a segment on this topic in your seminar suggestions.
• Law Practice Management component - The commission allows for attorneys to claim up to 2 hours of LPM CLE credit.
• Video casts - Potential topics for video cast seminars presented at various sites throughout the state.
• New formats - The CLE Committee is exploring new formats for presenting material, including smaller roundtable discussions; Masters Roundtables for advanced practitioners; and more interactive, participatory seminars.
57 • Non-traditional formats -The KBA offers CLE by webinar and telephone (often over the lunch hour). Additionally, we offer On Demand CLE which consists of pre-taped presentations accessible online. Consider offering one of these formats to reach larger audiences.
• New partnerships - Please suggest ways to cross-market or jointly sponsor seminars with other Sections or other professionals interested in your topics.
• Practical skills - Seminar evaluations indicate that registrants want seminars, which provide practical information that can be put to use immediately in a law practice. Content should include practice tips, forms, guidelines and checklists whenever appropriate.
Use the seminar planning worksheet shown on next page to develop ideas. Please suggest possible locations and times of year for a specific seminar. The CLE Committee will strive to accommodate those requests, depending on how the annual schedule fits together.
Your staff liaison or the Law Practice Services Director will discuss any aspect of CLE programming with you. Your input is encouraged. The Committee meets three times a year. The CLE Committee approves the calendar for the following year at the October meeting.
58 &?;~ ~~~~ ~88~~ KANSAS BAR ASSOCIATION 2016-17 CLE Seminar Planning Sheet
Section/Committee:------ Sem~arH~eidea(~:~------
Method of delivery: * Live full-day (generally 8.0 hours ClE, including 1.0 hour ethics & professionalism credit) * Live half-day (generally 3.0 -4.0 hours ClE) * Non-traditional teleconferences or webinars ( 1 .0 hour ClE or 1.0 hour ClE, including 1.0 hour ethics & professionalism credit) * State-wide videocasts (4.0 hours ClE, including 1.0 hour ethics & professionalism credit)
Suggested presenters and experience:______
General course description: ______
Bulleted items - "What you will learn" • • • • • • Please return to the Director of Law Practice Services, Danielle Hall Mail to: 1200 SW Harrison, Topeka, KS 66612 or fax to (785) 234-3813
59 KANSAS BAR ASSOCIATION PUBLICATIONS POLICIES & PROCEDURES
JOURNAL OF THE KANSAS BAR ASSOCIATION
Published and sent ten times a year to all members (October issue is sent to all licensed Kansas Attorneys), The Journal includes:
• Substantive articles key to the practice of law in Kansas; • A review of news, events, activities, and personalities in the Kansas Bar, and; • A digest of Kansas Supreme Court and Court of Appeals opinion's.
The Journal is produced by KBA staff under the general supervision of the Board of Editors. Suggestions for articles, reports, news, notices and other items for publication should be submitted to:
Meg Wickham, Director of Member and Communications Services Kansas Bar Association, 1200 SW Harrison, Topeka, KS 66612 Telephone: (785) 234-5696 /Fax: (785) 234-3813 Email: [email protected]
2017 Publication Calendar
Issue CORX Due Press
January Monday, November 23, 2016 Thursday, December 18, 2016
February Monday, December 14, 2016 Friday, January 22
March Monday, January 25 Friday, February 19
April Monday, February 22 Friday, March 1 8
May Monday, March 21 Wednesday, April 20
June Monday, April 25 Thursday, May 20
July/August Monday, June 27 Friday, July 22
September Monday, July 25 Friday, August 19
October Monday, August 29 Monday, September 19
November/December Monday, October 17 Wednesday, November 16
60 HANDBOOKS
All sections and committees are encouraged to help edit and author KBA Handbooks. If a section or committee is considering starting a new publication, staff support is available to provide an overview of the planning issues. All proposals for new handbooks will be submitted to the Board of Publishers for review.
SECTION NEWSLETERS
As each section should publish a newsletter, we want to help you plan and produce good-looking publications in a timely manner. The following information may be beneficial to you in planning and producing your publications this Bar year.
Submitting Articles. Please e-mail articles and photos directly to the Publications Coordinator at the Bar. Ask your staff liaison about compatible formats and software. Please do not send materials by fax.
Content. The content of any publication is entirely up to the editor, contributors, and the staff liaison. Please indicate a preferred order for your articles, by cover letter or spreadsheet. We will adhere to your request as space limitations allow. (Note: If your publication begins articles on page 1, please limit articles to a maximum of two since page 1 also contains the masthead and the "What's Inside" box.)
Photos. It's great to include photo spreads to show Section activities at such events as the Annual Meetings, seminars, Section conventions or retreats, executive council meetings, etc.
Author Bios and Photos. It is recommended that you include a photo and short (paragraph or two) biography provided by the authors of the articles. Information to include: degrees, schools, area of practice, firm, city, relevant offices/memberships held.
Filler Ads. We provide filler when needed, usually pertaining to Bar programs or events of general interest. If your Section/Committee/Division wants to promote an upcoming meeting or seminar, or something unique to your group, we can use that information as "filler" too.
Scheduling. Plan on an average turn-around time for production (this includes layout, proofreading, printing and emailing) of approximately FOUR WEEKS for an AVERAGE publication (20 pages or under) when all phases of production are handled in-house. It is usually takes a shorter time period, particularly when all material is received electronically, and was proofread and edited BEFORE layout.
"CRUNCH" Times. There are times when your publication may take longer than four weeks due to the number of other publications in production. These can be:
1. April/May (Pre-Annual Meeting) 2. June (End of CLE compliance year)
As Section President, you should be sure to work with your Section Editor to obtain authors, set article submission deadlines, and set a final deadline for publishing the newsletter to your Section membership. Newsletter content is the responsibility of the Section Editor. Suggested content includes:
• Articles promoting Section-sponsored CLE programs;
• Court opinions and significant development in your area of law;
• Solicitation for articles of interest from membership;
61 • Reprints, summaries, or reviews of activities and publications of interest to members;
• Recruiting pieces for new members and renewing current ones;
• Articles concerning legislation affecting your Section;
• Information about the nominating and election process of your Executive Committee;
• Notice of proposed changes to Bylaws;
• Announcement of new officers and committees; and
• Remember: not all newsletters need to be lengthy or scholarly!
The Web. An electronic copy of your newsletter or selected articles can be made available for placement on your Section group age. The Bar can provide individual newsletter articles in Adobe Acrobat (PDF), format.
62 KANSAS BAR ASSOCIATION ELECTRONIC & SOCIAL MEDIA POLICIES & PROCEDURES
Quickly emerging as an important way for an organization to interact with members and the public, and vice versa, social networking offers an opportunity for outreach, information sharing and interaction. The KBA/KBF supports the use of social networking to help increase member engagement and access to information. The following policy applies to all KBA/KBF staff and board members and KBA/KBF Sections, Committees and volunteers. "Community" refers to all KBA membership. "Group" refers to a section, committee or board.
GROUP PAGES
File Sharing. Section presidents and Committee chairs are responsible for uploading files/documents to group pages. Staff liaisons can assist with file sharing uploads, and can also offer live document editing to documents being actively drafted by the group (please contact liaison to set up conference call and online editing functions).
Blogs. Section presidents and Committee chairs ultimately decide content for group blogs. Submissions should be sent to leadership for approval. Individual KBA members are free to create and maintain their own professional, KBA-hosted blogs, but are subject to the same guidelines for use as noted here.
Forums. Any member of a group may post to that group's forum. Staff liaisons moderate forums. If a questionable post (one in violation of one or more of the guidelines below) appears on a forum, the group's staff liaison will bring the post to the attention of leadership for review and further action. Actions may include editing or removal.
Photo Albums. Section presidents and Committee chairs are responsible for uploading photos to group pages. Photo submissions should be sent to leadership for approval. Staff liaisons can assist with photo sharing uploads.
EMAIL COMMUNICATIONS
Group Emails. Email communications to a group should be submitted to the Section president or Committee chair for review and issue.
KBA Weelcly. All messages that are sent to the membership at large are sent via the KBA Weekly. The KBA Weekly is issued every Tuesday, usually in the afternoon. The deadline to submit content for the upcoming KBA Weekly is the Friday before the weekly is emailed. KBA Alerts and KBA Reminders are for BOG/BOT and staff use only. The following conditions apply for messages in the Weekly:
1. Request for Weekly messages must be received by the Friday before the distribution of the following Weekly. If information is not received in time, it will be held until the next Weekly goes out.
2. Please include your information in a single document, preferably by email.
63 3. Attachments are not included in Weekly emails. However, all text can be embedded in the body of the email as a link. If you have any attachments, please send them in PDF format so that we may link to them in the message.
All Weekly message requests are subject to review and approval by the Staff Communications Committee.
EVENTS
Staff liaisons may create events for the website and/or group pages as necessary, whether for a meeting or featured event. Section meetings will be featured on Group pages only, whereas Committee meeting may be shown on both the Community and Group calendars due to their nature and frequency.
Non-KBA/KBF events may be featured in the KBA Weekly or as KBA News. A request to feature such an event should be submitted in writing to Meg Wickham, Director of Member and Communications Services, at [email protected] or at (785) 234-5696 by the Friday-before deadline.
SOCIAL MEDIA
Sections and Committees may engage in social media (KBA's Facebook, Twitter or linkedln platforms) by contacting Meg Wickham, Director of Member and Communications Services, at [email protected] or at (785) 234-5696.
GUIDELINES FOR SOCIAL NETWORKING ON GROUP PAGES
In creating content for the web - even informal content like a question posted to a KBA forum - you are representing yourself as a professional, the profession of law and perhaps the KBA. You must use sound judgment at all times - even those times when using unsound judgment would give a much more satisfying response!
1. Be responsible. You are responsible for the material(s) you post. Consider the content; what you publish will be widely accessible for some time, and in some cases, indefinitely. All statements must be true in both content and intent. Do not post private information about yourself or others without permission.
2. Be upfront, identify yourself. Use your real name, and, if relevant, your role or interest in the topic discussed. When appropriate, make it clear you are speaking for yourself and not on the KBA's or KBF's behalf. No one but the elected president of the KBA or that of the KBF may speak for the organization.
3. Be civil and respectful. It is OK to disagree with others, but do not use defamatory, libelous or damaging innuendo; abusive, threatening, offensive, obscene, explicit or racist language; or post illegal material.
4. Be quick to corred an error. If you make a mistake, admit it and quickly provide the correct information. If appropriate, modify an earlier post to make it clear that you have corrected an error.
5. Keep it relevant/add value. Write about what you know. Information can add value if it contributes to the legal community's knowledge or skills, improves the legal system or public understanding of the legal system, or builds a sense of community.
6. Follow copyright and fair use laws. Always give people credit for their work. Make sure you have the right to use material with attribution before publishing. It is good practice to link others' work rather than reproducing it on your site. When in doubt as to the proprietary nature of material, don't use it. Recognize the potential and legal consequences of any failure to follow applicable laws governing the use of others' material.
7. Proted proprietary and client information. Do not discuss or misuse proprietary or confidential information, and follow all professional and ethical rules governing the disclosure of information shared with you by clients. 64 8. Avoid politics. Political endorsements or advocacy positions should be avoided unless they reflect official policy. Only the president of the KBA or of the KBF may speak for the organization.
9. Comply with Kansas rules governing lawyer condud. Comply with all legal restrictions and obligations governing professional conduct, particularly those regulating communication and advertising, when posting content to any social network.
10. Do not violate antitrust laws. Antitrust laws prohibit postings that encourage or facilitate agreements between members of different firms concerning the following, as they pertain to legal services: prices, discounts, or terms or conditions of sale; salaries; profits, profit margins or cost data; market shares, sales territories or markets; allocation of customers or suppliers; or any other term or condition related to competition.
11. Abide by the social network's rules. By joining a particular social network, you agree to abide by that community's terms of use. The KBA/KBF's networks are no different in this regard.
12. A void blatant marketing. Blatant marketing or advertising by individuals is inconsistent with the purposes of general dialogue and information exchange and is not permitted. If you wish to advertise in one of the KBA/KBF's media channels, please contact Meg Wickham, Director of Member and Communications Services at [email protected] or at (785) 234-5696 for rates and spots. Design services are also available. Staff, boards and official groups of the KBA/KBF may use media channels to promote KBA/KBF programs and services.
ENFORCING THESE GUIDELINES
The KBA/KBF reserves the right to monitor these sites and will take appropriate action to enforce these guidelines.
65 KANSAS BAR ASSOCIATION COMMITTEE & TASK FORCE POLICIES & PROCEDURES
In order to accomplish its goals, the KBA has "Committees" (Committees with an ongoing charge), "Task Forces" (Committees who have a single task to accomplish and then will be terminated), and "Panels" (Committees who don't often meet as a whole, but who are individually assigned tasks). As Chair of a KBA Committee, Task Force, or Panel, your responsibilities will largely depend on the charge given by the KBA Board of Governors. However, each Committee Chair is asked to:
1. Schedule meetings, set the agendas, and conduct the meetings of your Committee as needed. See that minutes of the meeting are taken and that a copy is filed with the KBA office and sent to members.
2. Act as the official representative for the Committee and file periodic (at least annual) reports to the President of the KBA.
3. Delegate responsibility for tasks to members of the Committee.
4. Ensure that Committee members carry out their assigned responsibilities.
5. Advise the KBA of news or notices to run in The Journal or other KBA publications. (Refer to TAB "JOURNAL/ETHICS OPINIONS")
BOARD OF GOVERNORS' LIAISON
A member of the Board of Governors is appointed to each Committee to serve as a liaison. This liaison is a voting member whose active participation is encouraged. His/her primary responsibility is to facilitate communications between the Committee and the Board, and to report regularly to the Board on the Committee's activity. The Board Liaison is expected to attend and participate in all Committee meetings, or to find another Board member to attend if he or she is unavailable.
KBA ADMINISTRATIVE SUPPORT
The KBA office handles the following administrative duties for its Committees:
• Maintain membership rosters; • Print and mail notices to the Committee membership; • Maintain master Committee files; and • Provide general staff assistance.
A STAFF LIAISON is assigned to each Committee to assist you as noted above. Please remember that the Association's success depends on volunteer involvement. Without your leadership, members will lose interest and the representative value of the Committee is lost.
66 COMMITTEE OPERATIONS
ADMINISTRATIVE AND FINANCIAL
A. Meeting Minutes- The Chair shall see that minutes are recorded at each meeting of the Committee by a member of the Committee and that a copy is sent to the KBA Staff liaison for filing and distribution to the members.
B. Scheduling Meetings- Ask your Staff Liaison for help in scheduling meetings or conference calls. Meetings may be scheduled at the Kansas Law Center whenever facilities are available.
C. Communications - The KBA maintains a current list of Committee members, and will duplicate and mail Committee communications. A copy of the notice to be mailed should be provided to the Staff liaison.
D. Policies and Positions - Committees may recommend adoption of official Association policies and positions by submitting a proposal in the form of a written motion or resolution to the KBA President and Executive Director, along with background information, at least three weeks in advance of any Board of Governors meeting. In the interim, emergency issues may be addressed by the KBA Executive Committee. Contact the KBA President or Executive Director to request a meeting of the Executive Committee.
E. Budget Requests - A description of all proposed new projects or activities requiring Association funding or support must be submitted in writing, along with an itemized budget of projected expenses, income (if applicable), and staff time required for implementation. Although this should be done as part of the annual budget process, the Board of Governors may consider such proposals at any time. Your Staff Liaison is available to assist you in preparing budget requests, which are due each September 15 of each year.
F. Volunteer Expenses - There is no KBA reimbursement of expenses incidental to the conduct of Committee business such as telephone, postage and copying, or for transportation, meals, or lodging associated with attendance at Committee meetings except in unusual circumstances. The KBA does, however, cover the cost of meeting facilities and any refreshments or meals provided during the meeting.
G. Grants and Contrads - All Association contracts, grant applications, and other legal or financial obligations must be approved in advance by the Executive Director or the Board of Governors and can be executed only by the President or Executive Director.
H. Public Positions by Sedions and Committees: - Unless authorized by the Board of Governors or Executive Committee, Sections and Committees of KBA shall not publicly assert a position on any legislative issue, bill, or proposal which purports to be the position of the KBA or of any KBA Section or Committee, regardless whether the position pertains to state or federal legislation. KBA Sections and Committees may communicate information on public policy issues if the KBA has no contrary position on the issues, so long as such communications are provided to the KBA in advance to the KBA President, Executive Director, Legislative Counsel, and Legislative Committee Chair and are clearly identified as representing only the KBA Section or Committee view.
67 APPOINTMENTS
A. Appointments - All KBA Committees assignments are appointed by the President. New Committees may only be established by resolution of the Board of Governors.
B. Terms and Requirements of Appointment- All Committee chairs and members must be members in good standing of the Kansas Bar Association, except that the President may, at the President's discretion, appoint non-lawyers to serve as ex-officio members of any Committee. A member may serve no longer than three consecutive years as Chair of a Committee, Panel, or Task Force.
C. Vacancies - In the event a member resigns, the Committee Chair may recommend a replacement to the President. Suggestions for new appointments are also always welcome.
D. General- Committees shall otherwise operate in accord with Article VII of the Bylaws of the Kansas Bar Association. (Refer to Tab "KBA BYLAWS")
COMMITTEE PURPOSES
Access to Justice Committee To develop and implement programs to insure equal access to the legal system with the goal of equal access to the justice system for all members of our society regardless of their income or physical circumstances.
Annual Meeting Planning Committee Assists with coordination and planning of the KBA Annual Meeting.
Annual Survey of Law Committee Coordinates with the state's pre-eminent lawyers and scholars in their respective practice areas to provide an annual overview of all significant developments in the law. The Kansas Annual Survey of Law gives practitioners a comprehensive survey of legal developments over the previous 12 months in the appellate courts and the legislature.
Awards Committee To solicit award nominations, implement a process for encouraging award nominations, review award nominations, and make recommendations to the KBA President for awards to be given each year by the Kansas Bar Association.
Bench-Bar Committee To develop programs and make recommendations for improving the relationship and communication between the bench and bar.
Board of Governors Executive Committee To act for the Board of Governors between meetings, to prepare the annual budget, and to supervise the financial administration of the Association.
Board of Publishers To review current handbook publications and to assign new publications while overseeing the production process.
Continuing Legal Education Committee To implement a multi-faceted continuing legal education program which enhances the competence of Kansas lawyers via quality programs and materials offered in an affordable and accessible manner. 68 Diversity Committee Helps the KBA foster an inclusive, diverse bar association, promote understanding and respect for different points of view, and support the advancement of diversity within the Kansas legal profession and justice system.
Ethics Advisory Committee To provide advisory opinions to KBA members on questions concerning ethical standards and practices, and to otherwise help educate lawyers about their ethical obligations and provide professional guidance in the area of ethical conduct.
Ethics Grievance Panel Committee To investigate complaints and make recommendations to the Disciplinary Administrator as to proper action in conformity with the rules of the Supreme Court relating to legal ethics.
Federal and State Jurisdiction Allows for interaction between the state and federal court systems to share ideas as well as discuss items of mutual interest.
Investment Committee The KBF Investment Committee analyzes and reports on various investment situations. Whenever the committee deems any revisions to the Investment Policy are needed, such revisions shall be presented as proposals to the KBF Board for consideration.
IOLTA Committee The Board of Trustees of the Kansas Bar Foundation designates this committee to review grant applications. The IOlTA Committee forwards its recommendations to the Foundation's Board of Trustees for final approval.
Journal Board of Editors Committee To select and edit articles and to oversee publication of The Journal of the Kansas Bar Association.
KBA Strategic Planning Committee To facilitate the strategic and long-term planning of the Kansas Bar Association
Law Practice Management Committee To develop services, products and programs, in conjunction with the KBA law Office Management Assistance Program, that assist KBA members in the business of practicing law. The Committee provides information about and access to resources in management, marketing, technology and finance, the four pillars of a sound legal practice. The Committee is dedicated to enhancing the ability of KBA members to compete in their local and global markets as increasingly diligent, competent, and competitive professionals.
Law Related Education Committee To develop programs and make recommendations to improve relationships and communications between the public and the Bar.
Legislative Committee To consider legislative positions and make recommendations to the Board of Governors on all matters relating to the amendment of laws and new legislation, including acts recommended by the National Conference of Commissioners on Uniform State laws; and to endeavor to secure enactment of proposed legislation approved and recommended for passage by the Board of Governors.
69 Media-Bar CommiHee To act as a liaison between the bar, the bench, and the news media for a continuing exchange of views; providing a ready forum to provide education and to consider mutual problems if they arise; and recommending actions to address these issues.
Membership CommiHee To help recruit and retain members, and develop member benefits.
Nominating CommiHee To seek and submit annual nominations for KBA officers and the Board of Governors when no petition is filed for a vacancy in a given KBA district.
Paralegals CommiHee To develop and recommend guidelines concerning the competency and use of paralegals and legal assistants by lawyers. Committee membership includes two representatives from the Kansas Association of Legal Assistants and two representatives from the Kansas Paralegal Association.
Scholarship CommiHee To review the scholarship application process and to review scholarship applications in order to determine annual scholarship recipients. Currently, there are seven scholarship funds for law students administered by the Kansas Bar Foundation.
Title Standards CommiHee To develop, adopt, and recommend title examination standards for members of the Bar.
70 KANSAS BAR ASSOCIATION SECTIONS POLICIES & PROCEDURES
PURPOSE
The Kansas Bar Association Sections have generally been organized to assist their members by:
• Participating in planning CLE programs throughout the year and special seminars in conjunction with the KBA Annual Meeting;
• Participating in the KBA Legislative Program by working with the KBA Legislative Committee to achieve Section legislative goals and lending legislative expertise and assistance;
• Keeping members informed of developments in their areas of special interest and of Section activities through publication of periodic newsletters and publication in The Journal of the Kansas Bar Association of news items and substantive legal articles; and
• Assisting in the preparation af public information materials related to the Section;
• Furthering development of the law within that field and all its branches; and
• Helping attain the goals of the Kansas Bar Association as stated in its Bylaws.
REPONSIBILITIES AND GOALS
As the Section President, you are the leader of your Section. Your responsibilities will largely depend on the objectives set by your officers and/or the Executive Committee and the identified needs and interests of your membership for the year. The Executive Committee and members will look to you for guidance, and the success of the Section depends on your involvement. While the position is on a volunteer basis, the more time and energy you put into your Section, the more successful it will be.
The basic duties of your office are set by the Section Bylaws, which include:
• Scheduling Section meetings, setting the agendas, and presiding at all meetings of the membership and of the Section Executive Committee as needed;
• Appointing and removing chairs and members af all committees of the Section;
• Keeping the Executive Committee informed of the activities of the Section;
• Implementing the decisions of the Executive Committee; and
• Performing such other duties and acts as usually pertains to the office or as may be designated by the Executive Committee.
SECTION BYLAWS
You may request a copy of your Section Bylaws at any time, and doing so is highly encouraged. The Bylaws offer the best description of the purpose of your Section and how things should be run. Copies of the Section Bylaws can also be distributed to members of the Executive Committee. Each Section is empowered to adopt and amend Bylaws in accordance with the KBA Bylaws and policies. KBA Board of Governors approval is required for Bylaws revisions. Copies of current Bylaws are kept on file with the KBA office and are available on your section group pages. ROLE AND SUPPORT OF KBA STAFF
Your staff liaison will communicate regularly with all KBA Staff and Section Presidents on issues of interest to each Section. The KBA office handles the following administrative duties for the Sections: 71 • Assessment and collection of annual membership dues; • Membership recruitment and record-keeping; • CLE programming; • Legislative activity; • Minutes; • Accounting; • Newsletter layout and design; • E-mailing of Section Newsletters and miscellaneous notices to the membership; • Annual Meeting programs; • Maintenance of master Section files; • Publication of membership rosters; and • General staff assistance to the officers of the Section. TENTATIVE CALENDAR
A calendar of events and deadlines should be set early, especially for items such as conference calls, CLE programs and Section Newsletters. This way, everyone knows his or her responsibility and what is expected. The KBA Sections Coordinator will help you set your calendar for the year. Scheduling in advance will increase Section efficiency and help keep your time commitment to a minimum.
CONFERENCE CALLS
Your staff Liaison will work with you to schedule quarterly Executive Committee meetings by conference call. As Section President, you will preside over these conference calls and the Sections Coordinator will moderate and take minutes.
These calls are the primary source of communication between you, the Executive Committee of your Section, and the KBA staff. It is important to schedule a time that is as convenient as possible for everyone involved, and equally as important to remember to call in. Topics of discussion frequently include CLE programs, the Section newsletter, the KBA Annual Meeting, and end-of-the-year elections, among other topics. Thinking about an agenda beforehand will help make each conference call both efficient and productive.
CLE PROGRAMS
As Section President, you should support the CLE Liaison in planning your Section's CLE. Should your section decide to host a CLE, your staff liaison will be happy to tell you when your CLE is scheduled and the city and venue. The entire executive committee will be asked to participate in the conference call that is scheduled no less than three months before your CLE program with ideas for speakers and/or topics.
Once the program is planned, Section officers will be asked to make initial contact with potential speakers. If that is impractical, or if your staff liaison has suggested someone and you would prefer, KBA staff will make those contacts for you. Your staff liaison will follow up with speakers, create marketing brochures, obtain CLE credit, and take care of the venue arrangements and staffing for the program.
You may be asked to help with the CLE program by acting as moderator. That is often the role of the Section President or CLE Liaison, but others may offer to serve as the moderator as well.
Additionally, it is always desirable for you to help obtain sponsors for your CLE. If there are services or firms of particular interest to your Section, they would be prime candidates. KBA staff will be happy to send you the usual amounts for sponsorship or ways sponsors can be involved (exhibit tables, giveaways, sponsor a break or lunch, etc.).
72 SECTION NEWSLETTER
Your staff liaison and the publications coordinator will help create and e-mail Section newsletters to members. It is entirely up to the Section (and may even be written in your Section Bylaws) to determine how many newsletters you would like to publish over the course of the year. Some Sections publish quarterly newsletters, but many publish a yearly newsletter. Remember, the newsletter is the primary way you will communicate with your full Section membership.
As Section President, you should be sure to work with your Section Editor to obtain authors, set article submission deadlines, and set a final deadline for publishing the newsletter to your Section membership. Newsletter content is the responsibility of the Section Editor. Suggested content includes:
• Articles promoting Section-sponsored ClE programs;
• Court opinions and significant development in your area of law;
• Solicitation for articles of interest from membership;
• Reprints, summaries, or reviews of activities and publications of interest to members;
• Recruiting pieces for new members and renewing current ones;
• Articles concerning legislation affecting your Section;
• Information about the nominating and election process of your Executive Committee;
• Notice of proposed changes to Bylaws;
• Announcement of new officers and committees; and
• Remember: not all newsletters need to be lengthy or scholarly!
LEGISLATION
The KBA Sections Coordinator will work with each Section President to plan and develop solutions to state legislative issues during the legislative session. Any ideas or concerns will be passed on to Joseph Molina, legislative Services Director. While it may be difficult to think about the 2017 legislative Session, perseverance is necessary. KBA legislative Policy requires that all legislative proposals be submitted in final form by October. Individual members, local bar associations, committees and Sections may submit proposals. Each proposal will be reviewed by the appropriate Section or committee before consideration. Therefore, it is imperative that you begin discussing and drafting any proposals now. The KBA legislative Committee will meet after the October 1 deadline to consider all legislative proposals for the 2017 session. SECTION BUDGET
Each Section has a budget. Contact Ken Waugh, the Director of Finance Services to request a copy of your budget. Funds not expended in the current fiscal year do not accumulate and are returned to the KBA general fund. PROPOSED PROJECTS AND ACTIVITIES
A description of all proposed new projects or activities requiring KBA funding or staff support must be submitted in writing along with an itemized budget of projected expenses, income, and staff time required for implementation. The Board of Governors will then consider your proposal. Contact the Sections Coordinator for assistance in preparing budget requests. GRANTS AND CONTRACTS
All KBA contracts, grant applications, and other legal or financial obligations must be approved in advance by the Executive Director or the Board of Governors. Only the President of the KBA or the Executive Director has the authority to sign legal documents on behalf of the KBA.
73 KBA ANNUAL MEETING
The KBA Annual Meeting takes place each June. While it is not mandatory, Section Presidents are highly encouraged to meet with Section membership during Annual Meeting. KBA JOURNAL AND KBA WEEKLY
Again, your primary form of communication with your full Section membership will be the Section Newsletter. However, if you have an idea or suggestion for a KBA Journal article topic or author, you may submit those to the Director of Member and Communications Services, Meg Wickham, by email at [email protected]. CONTACT INFORMATION
You may request a copy of your Section's Executive Committee roster as well as an all-member roster for your Section at any time. A KBA staff roster is included in this leadership Guide. Feel free to contact anyone in your Section or at the KBA to encourage involvement, ask for ideas, or even just to say hello. MEMBERSHIP RECRUITMENT
Section dues are collected with KBA annual dues. The KBA fiscal year and membership year runs from January 1 to December 31 . Regular KBA membership is required to join a Section. A dues statement is sent out in early November of each year.
To help generate new Section members and maintain current ones, you are encouraged to consider the following ideas or try new ones:
• Keep members informed of Section activity via regular Section newsletters and articles or reports in The Journal;
• Send a letter or newsletter in November of each year encouraging members to renew and to ask others to join;
• Write to those who drop Section membership each year to encourage renewal or find out why they dropped (KBA staff can provide a list and can send letters);
• Promote the Section and membership at all sponsored ClE programs or other appropriate opportunities.
If you have any ideas or questions about membership recruitment, feel free to contact KBA Member and Communications Services Director Meg Wickham by email at [email protected]. HOW TO INVOLVE SECTION OFFICERS. THE EXECUTIVE COMMITIEE. AND MEMBERS
Your KBA Section is similar to other professional and volunteer organizations. If you do not engage your membership and find ways for individual members to participate, eventually they lose interest. It is important for Section Presidents and the KBA Sections Coordinator to work together to include attorneys from all communities and all sizes of law practices across the state. Use the contact information provided to you to reach out to your Section! Ask your members to get new attorneys involved, so that the Section can continue to learn and share with one another and promote professionalism in your practice area. As you are well aware, each member paid an additional fee to belong to your Section; it is important that we work together to make the Section a success.
As part of the Kansas Bar Association's continued outreach program, this year, we intend to assign liaisons from the KBA Membership Committee to each one of the 24 KBA Sections. These liaisons will assist each Section with increasing membership through various projects.
THANK YOU!
Thank you for taking time out of your busy schedule to serve others in your area of expertise. Everyone at the Kansas Bar Association looks forward to working with you in the upcoming year.
74 KANSAS BAR ASSOCIATION
2016-2017 DIRECTORY
KANSAS BAR FOUNDATION KANSAS BAR ASSOCIATION KBA Districts
District 1: The county of Johnson.
District 2: The counties of Atchison, Brown, Doniphan, Douglas, Franklin, Jackson, Jefferson, Leavenworth, Miami, Nemaha, Osage, Pottawatomie, and Wabaunsee.
District 3: The counties of Allen, Anderson, Bourbon, Cherokee, Crawford, Labette, Linn, Montgomery, Neosho, Wilson, and Woodson.
District 4: The counties of Butler, Chase, Chautauqua, Coffey, Cowley, Elk, Greenwood, Lyon, and Sumner.
District 5: The county of Shawnee.
District 6: The counties of Clay, Cloud, Dickinson, Ellsworth, Geary, Lincoln, Marion, Marshall, McPherson, Morris, Ottawa, Republic, Riley, Saline, and Washington.
District 7: The county of Sedgwick.
District 8: The counties of Barber, Barton, Harper, Harvey, Kingman, Pratt, Reno, Rice, and Stafford.
District 9: The counties of Clark, Comanche, Edwards, Finney, Ford, Grant, Gray, Greeley, Hamilton, Haskell, Hodgeman, Kearny, Kiowa, Lane, Meade, Morton, Ness, Pawnee, Rush, Scott, Seward, Stanton, Stevens, and Wichita.
District 1 0: The counties of Cheyenne, Decatur, Ellis, Gove, Graham, Jewell, Logan, Mitchell, Norton, Osborne, Phillips, Rawlins, Rooks, Russell, Sheridan, Sherman, Smith, Thomas, Trego, and Wallace.
District 11: The county of Wyandotte.
District 12: Out-of-state.
76 Kansas Bar Association Districts
verlaQd Park
District 12 = Out-of-State KBA Board of Governors 2016- 17
The Board of Governors is the governing body of the KBA and is responsible for all policy decisions. The Board meets five times a year. Subject to any restrictions that the full Board might impose, the Board's Executive Committee can act with the authority of the Board between meetings of the Board. All business meetings of the Board of Governors are open to the members of the Association. No proxies are allowed at Board meetings. However, a member of the Board may send a non-voting designee in his/her absence.
POSfflON NAME DATE ELECTED LENGTH EXPIRES Second Third First Term JUNE Term Term
PRESIDENT # Stephen N. Six 2015 n/a n/a 1 year 2017
PRESIDENT-ELECT # Gregory P. Goheen 2015 nfa n/a 1 year 2017
VICE PRESIDENT # Bruce W. Kent 2015 n/a n/a 1 year 2017
SECRETARY -TREASURER # Mira Mdivani 2015 n/a n/a 1 year 2017
IMMEDIATE PAST PRESIDENT # Natalie G. Haag 2015 n/a n/a 1 year 2017
EXECUTIVE DIRECTOR Jordan E. Yochim Ex-Officio DISTRICT 1 Mark A. Dupree 2014 3 years 2017 DISTRICT 1 Toby J. Crouse 2012 2015 3 years 2018 DISTRICT 1 Christi L. Bright 2014 *** 2016 3 years 2019 DISTRICT 1 2016 *** 3 years 2017 DISTRICT 2 #Sarah E. Warner 2015 3 years 2018 DISTRICT 2 Han. Sally D. Pokorny 2013 2016 3 years 2019 DISTRICT 3 Eric L. Rosenblad 2010 *** 2011 2014 3 years 2017 DISTRICT 4 Brian L. Williams 2014 *** 2015 3 years 2018 DISTRICT 5 Cheryl l. Whelan 2012 2015 3 years 2018 DISTRICT 5 Terri Savely 2011 2014 3 years 2017 DISTRICT 5 Vincent Cox 2016 3 years 2019 DISTRICT 6 Tish S. Morrical 2015 3 years 2018 DISTRICT 7 Gary L. Ayers 2014 3 years 2017 DISTRICT7 Sylvia Penner 2016 3 years 2019 DISTRICT7 Hon. Jeffrey E. Goering 2015 3 years 2018 DISTRICT 8 # John B. Swearer 2011 2014 3 years 2017 DISTRICT 9 Aaron Kite 2016 3 years 2019 DISTRICT 10 Jeffery A. Mason 2008 *** 2012 2015 3 years 2018 DISTRICT 11 Nancy Morales Gonzalez 2008 *** 2011 2014 3 years 2017 DISTRICT 12 William E. Quick 2010 *** 2011 2014 3 years 2017 AT-LARGE I@ Bruce A. Ney 2014 *** 3 Years 2017 YOUNG LA WYERS PRESIDENT * # Nathan Eberline 2016 N/A N/A 1 year 2017 Yl DELEGATE TO ABA HOUSE * Joslyn Kusiak 2016 **** 1 year 2017 August KBA DELEGATE TO ABA HOUSE Rachael K. Pirner 2015 2 years ?017 August KBA DELEGATE TO ABA HOUSE Han. Christel E. Marquardt 2016 2 years 2018 ABA STATE DELEGATE * August linda S. Parks 2016 3 years (Elected by ABA members in Kansas) 2019 KDJA REPRESENTATIVE* Han. Patty Macke Dick 2016 N/A N/A 1 year 2017 (Non-voting)
* Not a KBA elected office *** Appointed to fill partial term # - KBA Executive Committee ** Eligible to run for additional term **** Elected to portio/ lerm @ ::::: Appointed position not eligible for re-appointment
78 KANSAS BAR ASSOCIATION 2016-17 KBA Board of Governors
*Shaded name indicates a member of the KBA Executive CommiHee Member Title Address Telephone E-Mail
460 Nichols Rd Mr. Steve Six President Ste 200 (816) 714-71 00 [email protected] Kansas City, MO 64112-2003 10 E Cambridge Circle Dr Mr. Gregory P. President-Elect Ste 300 (913) 371-3838 [email protected] Goheen Kansas City, KS 66103-1342 2828 Tatarrax Dr Mr. Bruce W. Kent Vice President (785) 556-2019 [email protected] Manhattan, KS 66502-1971 7007 College Blvd Secretary- Ms. Mira Mdivani Ste460 (913) 317-6200 [email protected] Treasurer Overland Pork, KS 66211-2441 Ms. Natalie G. Immediate Post 700 S Kansas Ave (785) 270-6165 [email protected] Haag President Topeka, KS 66603-3818 Executive 1 200 SW Harrison St Mr. Jordan Yochim (785) 234-5696 [email protected] Director Topeka, KS 66612-1806 6240 W 135th St District 1 Ms. Christi Bright Ste 200 (913) 239-9966 [email protected] Governor Overland Pork, KS 66223-4849 9225 Indian Creek Pkwy District 1 Mr. Toby Crouse Ste 600 (913) 498-2100 [email protected] Governor Overland Pork, KS 66210-2000 1 10 S Cherry St District 1 Mr. Mark A. Dupree SteA (913) 815-4077 [email protected] Governor Olathe, KS 66061-3441 Hon. Sally D. District 2 111 E 11th St (785) 832-5248 spokorny@douglas-county .com Pokorny Governor Lawrence, KS 66044-2966 Ms. Sarah E. District 2 333 W 9th St, Suite B {785) 841-4554 [email protected] Warner Governor lawrence, KS 66044-2803 District 3 408 N Walnut St Mr. Eric Rosenblad (620) 232-1330 [email protected] Governor Pittsburg, KS 66762-3822 Mr. Brian L. District 4 425 Commercial St (620) 208-5700 [email protected] Williams Governor Emporia, KS 66801-401 2 2942A SW Wanamaker Dr District 5 Mr. Vincent M. Cox Ste 100 (785) 440-4000 [email protected] Governor Topeka, KS 66614-4479 District 5 301 SW lOth Ave Ms. Terri Savely (785) 291-3925 [email protected] Governor Topeka, KS 6661 2-1507 120SW lOth Ave District 5 Ms. Cheryl Whelan 2nd Floor (785) 368-8402 [email protected] Governor Topeka, KS 66612-1597 District 6 119 W Iron Ave 1Oth Fl Ms. Tish Morrical (785) 827-7251 [email protected] Governor Salina, KS 67402-1247 1551 N W oterfront Pkwy District 7 Mr. Gary L. Ayers Ste 100 (316) 267-6371 [email protected] Governor Wichita, KS 67206-6605 Hon. Jeffrey E. District 7 525 N Main (316) 660-5626 jgoering@dc 1 8.org Goering Governor Wichita, KS 67203-3373
79 KANSAS BAR ASSOCIATION 2016-17 KBA Board of Governors
Member Title Address Telephone E-Mail
301 N Main St Ms. Sylvia B. District 7 Ste 1900 (316) 267-7361 [email protected] Penner Governor Wichita, KS 67202-4819
Mr. John B. District 8 20 Compound Dr (620) 662-3331 [email protected] Swearer Governor Hutchinson, KS 67502-4300
District 9 81 0 W Frontview St Mr. Aaron L. Kite (620) 227-8126 [email protected] Governor Dodge City, KS 67801-2231 PO Box 767 Mr. Jeffery A. District 10 214 E. lOth (785) 890-6588 [email protected] Mason Governor Goodland, KS 67735-07 67 Ms. Nancy District 11 133 S Tremont St (816) 936-5938 nancy [email protected] Gonzalez Governor Kansas City, KS 66101-3843 900 W 48th PI Mr. William E. District 12 Ste 900 (816) 360-4335 [email protected] Quick Governor Kansas City, MO 64112-1895
816 Congress Avenue Mr. Bruce A. Ney At-large Suite 1100 (512) 457-2311 [email protected] Austin, TX 7870 1
300 SW 8th Ave Mr. Nathan P. Young lawyers (785) 272-2585 Third Floor [email protected] Eberline President x303 Topeka, KS 66603-3940 Yl Delegate to 113 S 8th St Ms. Joslyn Kusiak (620) 331-2071 [email protected] the ABA House Independence, KS 67301 3503 Hon. Christel E. KBA Delegate 2936 Brewster Court (785) 228-0520 [email protected] Marquardt to ABA House Topeka, KS 66611 2959 N Rock Rd Ms. Rachael K. KBA Delegate Ste 300 (316) 630-8100 [email protected] Pirner to ABA House Wichita, KS 67226-51 00 100 N Broadway St ABA State Ms. Linda Parks Ste 950 (316) 265-7741 [email protected] Delegate Wichita, KS 67202-2216 Hon. Patricia A. KDJA 206 W 1st Ave (620) 694-2972 [email protected] Macke Dick Representative Hutchinson, KS 67501-5204
80 • ELECTED NOMINEE KBA OFFICER and ABA DELEGATE NOMINEES
YEAR I PRESIDENT-ELECT I VICE-PRESIDENT I SECRETARY-TREASURER I ABA DELEGATE (A.un. only) *Mira Mdivani, Overland Park *Rachael K. Pirner, Wichita 2016 ' Gregory P. Goheen, Kansas City, KS Bruce Kent, Manhattan, KS 1 Charles Branson, la'llr-ee_n_ce'---·-·--,----*-H.on. Christel Marquardt, Topeka *Bruce W. Kent, Manhattan 1 *Linda S. Parks, Wichita ~ Stephen N. Six, Kansas City, MO :. Gregory P. Goheen, Kansas City Nancy Morales Gonzalez, Kansas C_itLy__ ':-- ____*R_.a_c_h(lel K. Pjrner, Wichita _____ ~-~------~-~-----·~---·------~--- Hon. Bryce A. Abbot, Wichita 1 *Linda S. Parks, Wichita 2014 · Natalie G. Haag, Topeka I Stephen N. Six, Kansas City, MO I *Gregory P. Goheen, Kansas City i *Rachael K. Pirner, Wichita i I Bruce W. Kent, Manhattan i
2013 Gerald l. Green, Hutchinson Natalie G. Haag, Topeka I Stephen N. Six, Kansas City, MO
2012 Dennis D. Depew, Neodesha Gerald l. Green, Hutchinson * Natalie G. Haag, Topeka *Linda S. Parks, Wichita Gregory P. Goheen, Kansas City ______:____, ______-----·~·-----~ ~---·-,------·------~--~-·--·----~~- *Gerald l. Green, Hutchinson 2011 lee M. Smithyman, Overland Park Dennis D. Depew, Neodesha *Sara S. Beezley, Girard Teresa l. Watson, Topeka i
2010 i Rachael K. Pirner, Wichita lee M. Smithyman, Ov':~nd Pa~~------+------D-e-n_n_-is-D_.D_e_p_e __ w_,_N_eo-_d_e_s_h_a ______' *L__ in_d_a __ s_._P_a_r_ks_,_ W_i:_hi_ta ______---,-----·----·------~.~,
Gabrielle M. Thompson, Manhattan I' 2009 i Glenn R. Braun, Hays Rachael K. Pirner, Wichita *Sara S. Beezley, Girard
~-~--~--~- •______j----·-='"'"""'"""'c---7 __J _____B_re'-tt_R_. R_e:_,b_e_r,_, _M-'c'--P"'he_r_cso"-n -----·c----·---.o;-;------:-.--=-:-"'--c::------~"'--.----l 2008 *Timothy M. O'Brien, Overland Park *Glenn R. Braun, Hays *Han. Benjamin l. Burgess, Wichita ' *Hon. Christel E. Marquardt, Topeka ---~-----·~-~ __ Rachoel K. Pirne,r.~. ~W,_,ic,hi",to"------t-----·------,---- Sgro S. Bee<:le¥~Girord --·---- *Thomas E. Wright, Topeka - ~-· , I *Han. Benjamin l. Burgess, Wichita I 2007 Ernest C. Ballweg, Overland Park I Timothy M. 0 Brien, Overland Park H. DCJ_vid ,Starkey, Topeka *Sora S. Beezley, Girard 1 1 --~-- 1------j----·------·--·-+--- =.c-=--·----'-----·------~------~ 1 ' Timothy M. O'Brien, Overland Park 2006 *Linda S. Parks, Wichita *Ernest C. Ballweg, Overland Pork , *Hon. David J. Waxse, Kansas City, Kan. 1 ~ *Thomas E. Wright, Topeka +------~-- 200-s'i *D avo"d J. R e b em, . Do d ge c·oty Timothy* M. O'Brien, Overland Park I' *Ernest c. Ballweg, Overland Park -- , I I I I I ~;------j linda S. Parks. Wichita I ------L------1 2004 *Richard F. Hayse, Topeka [ *David J. Rebein, Dodge City Han. Benjamin l. Burgess, Wichita : linda S. Parks, Wichita ·------______j ______---~------1------*Anne Burke Miller, Manhattc:a:cn'------+-1 _ __c:Hc:o,enc.. D:cc:a"'v·c;;'d'-J'-i._W~a::;:xc=s.::ec-, '-'K'Ca~n;osa:;:s 101C-=·,_oty"''-K"'o:cn::::· *linda S. Parks, Wichita -~ 2003 *Michael P. Crow, leavenworth I *laura L. Ice, Wichita 1-·---*_R_ic_h_ard F. Hayse, Topeka *Hon. David J. Woxse..,._Konsos Citv.Xon. ~~ i I 2002 *Daniel J. Sevart, Wichita *Michael P. Crow, leavenworth Ernest C. Ballweg, Overland Park linda S. Parks, Wichita 1 *laura l. Ice, Wichita Hon. David J. Woxse, Kansas City, Kan. ------·----~------P_a_t_M__ . _S_a_ls_b_u~ry~,_T_oLp_e __ k_a. ___ _ L ----, *Michael P. Crow, leavenworth linda S. Parks, Wichita *Daniel J. Severt, Wichita ! I D<>ryl W. Wynn, Kansas City Hon. David J. Waxse, Kansas City, Kan. *Sara S. Beezley, Girard I *Lindo S. Parks, Wichita -- *Patrick M. Salsbury, Topeka I --,I *Hon. David J. Waxse. Kansas Citv. Kan *Sara S. Beezley, Girard Thomas A. Hamill, Overland Park 1999 *Hon. Marla J. luckert, Topeka ------.-~------______,, ______t:>oniel J. Severt, Wichita Gloria Farha Flentje, Wichita William B. Swearer, Hutchinson Thomas A. Hamill, Overland Park-- 1998 *Zackery E. Reynolds, Fort Scott *Hon. Marla J. Lucker!, Topeka *Daniel J. Sevart, Wichita William B. Swearer Hutchinson --·-'-----~-·------~--R-ic-hard_l._H_o_ne_y_m_a_n_,_W_i_ch-i-ta-----,-1· ------S-te_v_e_n_W___ B_r_o_w_n_,_S_a_li_na------,1 Thomas A. Hamill, Overland Park
1997 ,i *Han. David J. Waxse, Overland Park I ' 1 f----·-'------'----~ackery E. Reynolds, Fort Scott 1 *Kerry E. McQueen, liberal : William B. Swearer, Hutchinson ~~6 1 *John C. Tillotson, leavenworth 1 Wayne R. Tate, Hugoton *Zackery E. Reynolds, Fort Scott Thomas A. Hamill, Overland Park ___)_____ I *Hon. David J. Waxse, Overland Park I Charles E. Wetzler, Overland Park J William B. Swearer, Hutchinson __ 1 1995 *Hon. Dale l. Somers, Topeka Mary K. Babcock, Wichita *Wayne R. Tate, Hugoton [ William B. Swearer, Hutchinson, appointed to fill !------~------i-·---* J~~.~oc,h.::.n:...C=·:...Tillotson, leavenworth j Charles E. Wetzler, Overland Park Marquardt's vacancy until end of year -~ 1994 *Han. John l. Vrotil, Overland Park I *Hon. Dale l. Somers, Topeka I *Mary K. Babcock, Wichita ~ *Hon. Christ~! E. Mar~ardt, lene,;:-- ---~- -~~------1------·-~-~------+------1993 I *Hon. linda S. Trigg, liberal I *Hon. John l. Vrotil, Overland Park \ *Mary K. Babcock, Wichita ' Warren D. Andreas, Winfield
_____; __lo!m____C. Tillotson. leov!lfllllQ.rth lb'L-- l,l --~---·------~------·--~-*Thomas A. Hamill. Oveliond Park -·~ 1 I *Hon. Marla J. luckert, Topeka ' 1992 ; *Dennis l. Gillen, Wichita 1 *Hon. linda S. Trigg, liberal / / / / / r------'------· L~------~---~------ii ______,_A.::.rt:...:Solis, Topeka -----c-1______---·-----·------
1991 I *Willi.am B. Swearer, Hut.chins.on I *Dennis l. Gillen, Wichita 1 *Linda S. Trigg, liberal I, *Hon. Christel E. Marquardt, Topeka --~ . ------t Hon. David J. Waxse, Overland Park ---·-"-Jac.m~~.,_e,"-s.~:~lc.. B=-u"-s"h'-'.~:~Sccm=-it,.~,h:._C=-e=-nc.:t.~:~e.:..r_~_ ------~·------1 *James l. Bush, Smith Center ------1 1990 1 *Thomas A. Hamill, Overland Park *William B. Swearer, Hutchinson I *Jack E. Dalton, Dodge City ______------·~--~-·------·--f:t()fl_:Janette Sheldon, Olathe 11 E. Dudley Smith, Topeka leigh C. Hudson, Fort Scott *Robert W. Wise, McPherson *Thomas A. Hamill, Overland Park *Clarence l. King, Jr., Salina I 11/11 *Hon. Christel E. Marquardt, Topeka 19881 *Jack Focht, Wichita ! John J. Jurcyk, Jr., Kansas City i *Linda D. Elrod, Topeka ! Jack E. Dalton, Dodge City/John F. Hayes, *Robert W. Wise, McPherson I Nancy Schmidt Roush, Overland Park , I Hutchinson ~------·------I _____, ' ------j------1987 *Hon. Dale l. Pohl, Eureka --+------*Jack Focht, Wichita *Alan C. Goering, Medicine lodge 1 * J h E Sh b K Ci I 0 ______1 ------·------·----- , John J. Jurcyk, Jr:, Kansas City 1 Randall W. Weller, Hill City n · am erg, ansas oty _____j_ -- 1986-i *Hon. Christel E. Marquardt, Topeka *Dale l.Pohl, Eureka I *J. Stewart McWilliams, Overland Park I / / / / / --~.. -· ! -----*Ja~k'R-:f-;;!er, r;:,;;-----~-----J.;!;;,J.'Jurcyk,'Jr., Kan~~s City ~------;Dennis l~·Gillen;·Wichita -- I ------19 85 . . I *Glee S. Smith, Jr., larned ______Dal.e_l,, Pohl, Eureka ·~ *Hon. Christel E. Marquardt, Topeka I Max E. Estes, Dodge City ------1 1984~· *Gerald l. Goodell, Topeka : *Dale L Pohl, Eureka I *Han. Christel E. Marquardt, Topeka j *John E. Shamberg, Kansas City I _j______David Skidgel, Kansas City Clement H. Hall, Coffeyl!ill~-----~
;~~;.-----.Da.rreli-K;iiogg~ wkh;;;;----~~---~;;~ld l.-G~~dell, Topeka.---~ II -- *H.on.. ct;;~s;;,E.M.~;:quardt:Topeka II I II II ______!)elhy Sowar<:l, Goodland ---f----.. ___ f-jon. Fred_N. Six, la,»:rE!nce ______, .. __ ~ene H._~haq:>, liberal _____ ------~·~-- ' *Glee S. Smith, Jr., larned/ *John E. Shamberg, 19821 *Sam lowe, Colby I Hon. Christel E. Marquardt, Topeka I *Edward J. Hund, Wichita I KC Dale l Pohl, Eureka , *Selby Soward, Goodland 1 William P. Trenkle, Jr., Dodge City Robert F. Bennett, Prairie Village/Arthur C.
-~-~~ 1--':.----·-----.-J-o_h_n_G_a--r-d-ne_r_, -0-la__ t_h_e______\I------... ~-.-S--a_m,_l_o_w_e_,-C--o_l_b_y~--~------1·-·--.-H._o_n... -·C-·h~~,';~I-E~;,;.arquard~;ope~:--+----· H~g;;>l~ons -- KBF Board of Trustees 2016-17
POSinON NAME DATE ELECTED LENGTH EXPIRES First Term .>econa JUNE T ... r ... PRESIDENT i # 1Todd N Thompson 2016 n/a I 1 year 2017 PRESIDENT-ELECT : # !Hon. Evelyn z. Wilson 2016 I n/a I 1 year 2017 ._S_E_C_R-ET_A_R-~Y---T-RE_A_S_U_R_E_R_____ -+j-# ~my Fellows Cline 2016 i 2014 j 1 year 2017 ~------,--. ----~-~-~~----+-~I~-~--+I-11----+-~------1_1M_M__ ED_I_A_T_E_P_A_S~_P_R_ES_ID_E_N_T ____ ~:_#~:_La_u_~_L._I_ce _____ ~~-20~1_6~~--4~_n_/a_+'-n-1--y-ea_r __ ~_2_0_1_7_~ EXECUTIVE DIRECTOR I i,Jordan E. Yochim x-Officio I AT LARGE I 'Amy E. Morgan 2016 I** I 2018 I Susan G. Saidian -~ -2Qlli---ll--2-0_1_4---i--ll---3-y_e_a-rs---11 ~--2-0--1-7- AT LARGE ------+---'t-- .~_j
AT LARGE Terri Pemberton 2016 1 3 years 201 9 ----·------·---t-1------JI----+-----JI[------+--U------+-----I AT LARGE C. David Newbery ____ 2011 I 2014 3 years 2017 ------·------~----t-+------~ !
AT LARGE 2016 1 ** 3 years 2017 1------r-+------~l----r-~~---+~1--
DISTRICT 1 Sherri L. Wattenbarger 2016 1 I 3 years 2019 DIS_T_R_I_C_T--2------~------i---\Terrence J. Campbell -- 2014 I 3 years--+-2-0_1_7--t l------~-r--+------4~---+--~I----I--I~----~------DISTRICT 3 I , Eric L. Rosenblad 2015 I ** 1 3 years 2017 1 DISTRICT 4 --·------+!-~James L. Hargrove -----j ~2_0_1--1--r 2014 I, 3 years 2017 1 _D_IS~T__ RI_C_T_5 ____ -~·------t~-#-+1R_ic_h_ard F. Hayse~------lll-2-0_1_5-+l~-~~~1 ~~~-~~~:~:~1 :~-3~-y_e~a-~r-s~_::-~_2_0~ DISTRICT 6 I I Randee Koger 2014 1 3 years 2017 1 Sco--tt--M-. _H_il_l -----.--tl-:_2-0_-_1_ __a ______2_0_19 __ __. £>--~~-_!_-R-_I_C~T-~7~~~~~~~~~~~~~~~~~~~~-~~~-#~ -3_---~-+~~-l!--2_0_1._6-+---lll--3-y_e r~s 1 DISTRICT 8 . I 2017 £>1_S_TR_IC__ T_9 ______--!\,_~+ID_a_n_D_ie_p __ e_nb_r_o_ck ___ -4~2_0_1_6-+-~~---+'--~~----+--2_0_1_9_~ DISTRICT 10 : ~John C. Brown _ 2011 I ** 2014 ; 3 years 2017 ------TI-- DISTRICT 11 ' !Susan A. Berson 2015 \ 3 years 2018 YL_S_R_E--P--R-E_S_E_N_T_A-T-IV_E _____ . ______-+1--I J~"'" Fe"ell -11---2-0_1_6~-1---~l------+,---lll----1 _y_e_·-a--r---+-2o 1-7~
K_W_A.-A--RE-P--R-E-SE_N_T_A_T-IV_E______I_ Hon. P-a-tr-ic-ia-M--a-c-ke_D_ic__ k_ 1 1--2-0·--1-6---t-*-*·~~--·--f--l~-3-y--e-a-rs---tr---2-0-~1-7__ _
_KA_~C_R __ EP_R_E_S_EN_TA_T_IV_E ______-+1-JNathan D. Leadstro~ 2013 I 2016 3 year-s--lf--2--0-1-6 1 ~~:!!~R_E__ SE_N_T_A_T __ IV_E ______~ffery L. Ca_r_m_ic_h_ae_l__ -t~-2_0_1_4_1-l_*_*-~~~~--- -_~_--_- -___,c-- -_ 1-1--___-_3=y=e=a=rs==~==2=0=1=7=----~ 1
KBA REPRESENTATIVE I J Dennis D. Depew 2015 I 3 years 201 8 KBA REPRESENTATIVE I Christi Bright 2016 3 years 201 9 ~A-RE_P_R-ES_E_N_T_A_T_I_V_E______c-\ -+\c_h_a_r-le_s_E_.-Br_a_n-so--n------,~-2-0_1_4-+\ 1 ---~~---+--JI-3-y_e_a_r_s~---20_1_7__ ~ ! l J :_Eiec~!}_ to fill unexpire--clt-er-m--_~----~~-+·_#__,I_E_x_e_c_u_tiv_e_C_o_m_m_,_.-t-t_ee~_-_-_-_-_-_~1-: =====:=====----'-[ ·------~----- ** Appointed to fill partial term I l I
82 KANSAS BAR FOUNDATION 2016-17 KBF Board of Trustees
*Shaded name indicates member of the KBF Executive CommiHee
Member Title Address Telephone E-Mail
333 W 9th St Mr. Todd N Thompson President P.O. Box 1264 {785) 841-4554 [email protected] Lawrence, KS 66044-2803 200SE7th St Hon. Evelyn Z. Wilson President-Elect Rm401 {785) 251 -4369 [email protected] Topeka, KS 66603-3933 2959 N Rock Rd Secretory- Ms. Amy Fellows Cline Ste 300 (316) 630-8100 [email protected] Treasurer Wichita, KS 67226-51 00 Immediate Post 2 Cessna Blvd., Suite 100 Ms. Laura Ice (316} 660-1258 [email protected] President Wichita, KS 67215 Executive 1 200 SW Harrison St Mr. Jordan Yochim (785) 234-5696 [email protected] Director Topeka, KS 66612-1806 6201 College Blvd Ste 500 Ms. Amy E. Morgan At-Large (913) 451-8788 [email protected] Overland Park, KS 6621 1 - 2435 2231 SW Wanamaker Rd Mr. C. David Newbery At-large Ste 101 (785) 273-5250 [email protected] Topeka, KS 66614-4275 3321 SW 6th Ave Ms. Terri J. Pemberton At-Large (785) 232-2123 [email protected] Topeka, KS 66606-1905
PO Box 783008 Ms. Susan G. Saidian At-large (316) 634-3705 [email protected] Wichita, KS 67278-3008 400 E 9th St Ste 3440 Ms. Sherri WaHenbarger District 1 Trustee (816) 512-1948 [email protected] Kansas City, MO 641 06- 2625 1 211 Massachusetts St Mr. Terrence J. Campbell District 2 Trustee (785) 843-6600 [email protected] lawrence, KS 66044-3351
408 N Walnut St Mr. Eric Rosenblad District 3 Trustee (620) 232-1330 [email protected] Pittsburg, KS 66762-3822
115 W Pine Ave Mr. James L. Hargrove District 4 Trustee (316) 321-2802 [email protected] ElDorado, KS 67042-3420
800 SW Jackson St Mr. Richard Hayse District 5 Trustee Ste 1310 (785) 232-2662 [email protected] Topeka, KS 66612-1216 120 W Kansas Ave Ms. Randee Koger District 6 Trustee Ste B (620) 241-0554 [email protected] McPherson, KS 67460-4756
83 KANSAS BAR FOUNDATION 2016-17 KBF Board of Trustees
Member Title Address Telephone E-Mail
100 N Broadway St Mr. Scoff M. Hill District 7 Trustee Ste 950 (316) 265-7741 [email protected] Wichita, KS 67202-2216
Vacant District 8 Trustee
Mr. Daniel H. 223 N Kansas Ave District 9 Trustee (620) 626-8502 [email protected] Diepenbrock Liberal, KS 67901-3325 PO Box 727 Mr. J. Curtis Brown District 10 Trustee (785) 625-6919 [email protected] Hays, KS 67601-0727
7300 W 11 Oth St, 7th Floor Ms. Susan A. Berson District 11 Trustee (913) 397-2702 [email protected] Overland Park, KS 66210 613 Washington Street YLS Mr. Justin Lee Ferrell PO Box 549 (785) 243-3790 [email protected] Representative Concordia, KS 66901
Hon. Patricia A. Macke KWAA 206 W. 1st Ave (620) 694-2972 [email protected] Dick Representative Hutchinson, KS 67501 -5204
KADC 515 S Kansas Ave Mr. Nathan Leadstrom (785) 233-0593 [email protected] Representative Topeka, KS 66603-3405
300 North Mead KAJ Mr. Jeffery L. Carmichael Suite 200 (316) 262-2671 [email protected] Representative Wichita, KS 67202
111 E 11th St KBA Mr. Charles E. Branson Unit 100 (785) 841 -021 1 cbranson@doug las-county .com Representative lawrence, KS 66044-2912 6240 W 1 35th St KBA Ste 200 christi@thebrightfamilylawcente Ms. Christi Bright (913) 239-9966 Representative Overland Park, KS 66223- r.com 4849 120 SW 1Oth Ave., KBA Mr. Dennis D. Depew 2nd Floor (785) 368-8426 [email protected] Representative Topeka, KS 66612-1597
Public Services 1200 SW Harrison St Ms Anne Woods (785) 861-8838 [email protected] Director Topeka, KS 66612-1806
84 @ KBA & KBF CommiHees/Task Forces/Panels 2016-17 KANSAS BAR ASSOCIATION -f{A!Io.'SAS BAR FOUNDATION Board StaR Committee/Task Force/Panel Chair Appointed Telephone Email Liaison Liaison
Access to Justice Patrick H. Donahue 2008 (785) 832-8521 [email protected] Eric l. Rosenblad Anne Woods
Annual Meeting Planning Bruce Kent 2016 (785) 556-2019 [email protected] Deana Mead
Hon. Steve Leben 2009 (785) 296-3807 [email protected] Annual Survey of Law Sarah E. Womer Donielle Hall larkin E. Walsh 2011 (816) 522-7368 [email protected]
Awards Sara S. Beezley 2013 (620) 724-4111 [email protected] Jeffery A. Mason Deana Mead
Bench Bor Hon. Teresa L. Watson 2013 (785) 251-41 30 [email protected] Joseph Molina Ill
Hon. Patrick D. McAnany (785) 296-0571 [email protected] Board of Publishers 2014 Cheryll. Whelan Amanda Kohlman Martha J. Cofhnan (785) 296-3530 [email protected] Toby J. Crouse (913) 498-2100 [email protected] Continuing Legal Education 2015 Jeffery A. Mason Danielle Hall Angel Zimmennon (785) 357-0021 [email protected]
Diversity Joseph Philip Mastrosimone 2016 (785) 670-1 060 [email protected] Bruce A. Ney Deana Mead
Ethics Advisory J. Nick Badgerow 2005 (913) 345-8100 [email protected] Joseph Molina Ill
Ethics Grievance JoneM.Isem 2013 (620) 792-5388 [email protected] Jeffery A. Mason Danielle Hall
Hon. Melissa T. Standridge (785) 296-3025 [email protected] Federal & State Jurisdidion Panel 2009 2013 Gregory P. Goheen Joseph Molina Ill Hon. Kenneth G. Gale (316) 315-4380 [email protected]
Investment Amy Morgan 2016 (913) 451-8788 [email protected] Amy Morgan Jordan Yochim
IOLTA Susan Saidian 2016 (316) 634-3705 [email protected] Susan Saidion Anne Woods
Journal Board of Editors Emily Grant 2016 (785) 670-1677 [email protected] Terri Savely Meg Wickham
KBA Bylaws Toskforce William E. Quick 2015 (816) 360-4335 [email protected] William E. Quick Jordan Yochim
KBA Strategic Gregory P. Goheen 2015 (913) 371-3838 [email protected] Gregory P. Goheen Jordon Yochim Planning Committee
KBF long Range Planning Laura Ice 2015 (316) 660-1258 [email protected] Anne Woods
KBF Subcommittee on Bonk of America 2016 Funds
Law Prodice Management Angel Zimmennan 2016 (785) 357-0021 [email protected] Hon. Sally Pokorny Danielle Hall
law Related Education Hon. G. Joseph Pierron, Jr. 2012 (785) 296-5408 [email protected] Cheryl l. Whelan Anne Woods
Rachoel K. Pirner 2013 (316) 630-8100 [email protected] LRS Review Rachoel K. Pimer Dennis Taylor lee Smithyman 2014 (913) 661-9800 [email protected]
legislative F. James Robinson, Jr. 2014 (316) 265-7741 [email protected] William E. Quick Joseph Molina Ill
Media-Bar Mike Kau!Sch 2009 (785) 864-5377 [email protected] Cheryl l. Whelan Meg Wickham
Chelsey G. Langland 2010 (785) 291-3005 [email protected] Membership Sarah E. Warner Meg Wickham Vincent M. Cox 2013 (785) 440-4000 [email protected]
Nominating Natalie G. Haag 2016 (785) 270-6165 [email protected] Jordon Yochim
Paralegals Megan Barrett 2016 (785) 251-4042 [email protected] Terri Savely Deana Mead
Scholarship Katherine l. Kirk 2012 (785) 7 49-1323 [email protected] C. David Newbery Allison Marker
Title Standards Todd A. Sheppard 2014 (785) 537-2900 [email protected] Joseph Molina Ill
85 KANSAS BAR ASSOCIATION 2016-17 Access to Justice CommiHee
Member Title Address Telephone E-Mail
McCullough Woreheim & LoBunker PA Mr. James E. Benfer Ill Member 1507 SW Topeka Blvd (785) 233-2323 [email protected] Topeka, KS 66612-1838 Ellis County Courthouse Hon. Glenn Braun Member PO Box 8 (785) 628-9422 [email protected] Hays, KS 67601-0008 1 200 SW Harrison St Ms. Pat Byers Stoff (785) 234-5696 [email protected] Topeko, KS 6661 2-1 806 Disability Professionals 1310 Wakarusa Dr. Mr. Patrick H. Donahue Choir (785) 832-8521 [email protected] Suite A Lawrence, KS 66049 U.S. District Court for the District of Kansas Ms. Angela D. Gupta Member 500 State Ave (913) 735-2308 [email protected] Rm529 Kansas City, KS 6610 1-2400 Kansas Legal Services 712 S Kansas Ave Ms. Marilyn Harp Member (785) 233-2068 [email protected] Ste 200 Topeka, KS 66603-3821 Riley County District Court Hon Sheila P Member 105 Courthouse Plz (785) 537-6370 [email protected] Hochhauser Manhattan, KS 66502-6017 Dysart Taylor Cotter McMonigle & Montemore PC Ms. Stacey L. Janssen Member 4420 Madison Ave (816) 931-2700 [email protected] Ste 200 Kansas City, MO 64111 Low Offices Of Jerry K. Levy PA Ms. Katherine L. Kirk Member 4840 Bob Billings Pkwy Ste 10 10 (785) 7 49-1323 [email protected] Lawrence, KS 66049-4092 Newbery Ungerer & Hickert LlP 2231 SW Wanamaker Rd Mr. C. David Newbery Member (785) 273-5250 [email protected] Ste 101 Topeka, KS 66614-4275 Douglas County District Court Hon. Sally D. Pokorny Member 111 E 11th St (785) 832-5248 [email protected] lawrence, KS 66044-2966
Rolston Pope & Diehl llC Mr. Ronald P. Pope Member 2913 SW Maupin Ln (785) 273-8002 [email protected] Topeka, KS 66614-4139
Attorney At low Ms. E. Lou Bjorgaard Member 615 SW Topeka Blvd (785) 233-2332 [email protected] Probasco Topeka, KS 66603-3360
86 KANSAS BAR ASSOCIATION 2016-17 Access to Justice CommiHee
Member Title Address Telephone E-Mail
Kansas Legal Services-Pittsburg Board Mr. Eric Rosenblad 408 N Walnut St (620) 232-1330 [email protected] liaison Pittsburg, KS 66762-3822 Associates in Dispute Resolution LLC 212 SW 8th Ave Mr. Larry R. Rule Member (785) 357-1 800 [email protected] Ste 102 Topeka, KS 66603-3937 Kansas Bar Association Mr. Dennis R. Taylor Staff 1 200 SW Harrison St (785) 861-881 2 [email protected] Topeka, KS 66612-1806
Kansas Bar Association Staff Ms Anne Woods 1 200 SW Harrison St (785) 861-8838 [email protected] liaison Topeka, KS 66612-1806
87 KANSAS BAR ASSOCIATION 2016-17 Annual Survey CommiHee
Member Title Address Telephone E-Mail
301 SW 1Oth Ave Rm 387 Hon. Carol A. Beier Member (785) 296-541 2 [email protected] Topeka, KS 66612-1500 1200 Main St Mr. Timothy Davis Member Ste 3800 (816) 374-3200 [email protected] Kansas City, MO 64105-2139 1 200 SW Harrison St Ms. Danielle M. Hall Staff Liaison (785) 861-8827 [email protected] Topeka, KS 66612-1806 2959 N Rock Rd Mr. Andrew N. Kovar Member Ste 300 (316) 630-8100 [email protected] Wichita, KS 67226-51 00 120 W Kansas Ave Mr. Casey Law Member Ste B (620) 241-0554 [email protected] McPherson, KS 67460-4756
301 SW 1Oth Rm 278 Hon. Steve Leben Co-Choir (785) 296-3807 [email protected] Topeka, KS 66612-1507
401 N Market St Hon. J. Thomas Marten Member Rm 232 (316) 315-4300 [email protected] Wichita, KS 67202-201 9
500 State Ave Hon. James P. O'Hara Member Ste 208 (785) 735-2280 [email protected] Kansas City, KS 66101-2416
8621 E 21st St N Ms. Rachael M. Silva Member Ste 200 (316) 267-2000 [email protected] Wichita, KS 67206-2991
300 N Mead St Ms. Diane H. Sorensen Member Ste 200 (316 )262-2671 [email protected] Wichita, KS 67202-2745
400 E 9th St Rm 7 652 Ms. Holly L. Teeter Member (816) 51 2-5393 [email protected] Kansas City, MO 641 06
643 Massachusetts St Mr. Eric Turner Member Ste 301 (785) 330-7345 Eric_T urner@ca 1O.uscourts.gov Lawrence, KS 66044-2292
460 Nichols Rd Ms. Larkin E. Walsh Co-Chair Ste 200 (816) 714-7100 [email protected] Kansas City, MO 64112-2003
333 W 9th St, Suite B Ms. Sarah E. Warner Board Liaison (785) 841-4554 [email protected] Lawrence, KS 66044-2803
88 KANSAS BAR ASSOCIATION 2016-17 Awards CommiHee
Member Title Address Telephone E-Mail
126 S Ozark St Ms. Sara S. Beezley Chair (620) 724-4111 [email protected] Girard, KS 66743-1530 326 U S Courthouse Hon. Gwynne Birzer Member 401 N Market (316) 315-4360 [email protected] Wichita, KS 67202 301 SW 1Oth St Rm 255 Hon. Michael B. Buser Member (785) 296-81 83 [email protected] Topeka, KS 66612-1500
301 SW lOth St Rm 337 Ms. Martha J. Coffman Member (785) 296-3530 [email protected] Topeka, KS 66612-1500
455 N Main St Ms. Sharon L. Dickgrafe Member Fl 13 (316) 268-4681 [email protected] Wichita, KS 67202-1615
1310 Wakarusa Dr. Mr. Patrick H. Donahue Member Suite A (785) 832-8521 [email protected] lawrence, KS 66049
340 S Broadway St Ms. Kellie E. Hogan Member (316) 290-8217 [email protected] Wichita, KS 67202-4304
201 S Central Hon. Jeffry L. Jack Member (620) 421-4120 [email protected] Parsons, KS 67357-4209
PO Box 767 Mr. JeHery A. Mason Board liaison 214 E. lOth (785) 890-6588 [email protected] Goodland, KS 67735-0767
1 200 SW Harrison St Ms. Deana Rae Mead Staff liaison (785) 861-8839 [email protected] Topeka, KS 66612-1806
1100 Main St Ste 2500 Mr. J. BreH Milbourn Member (816) 421-6620 [email protected] Kansas City, MO 641 05- 5193 500 State Ave Mr. Timothy O'Brien Member Rm 259 (913) 735-2222 tim_o' [email protected] Kansas City, KS 66101-2400
7 422 SW 27th St Mr. Jason P. Oldham Member (785) 845-4831 [email protected] Topeka, KS 66614-6002
89 KANSAS BAR ASSOCIATION 2016-17 Awards CommiHee
Member Title Address Telephone E-Mail
100 N Broadway St Ms. Linda Parks Member Ste 950 (316) 265-7741 [email protected] Wichita, KS 67202-2216
1156 W 1 25th St Ms. Eunice C. Peters Member (785) 817-2533 [email protected] Carbondale, KS 66414-9207
81 0 W Frontview St Mr. David J. Rebein Member (620) 227-8126 [email protected] Dodge City, KS 67801-2231
15020 Metcalf Ave Hon. John L. Vratil Member Overland Pork, KS 66223- (913) 239-4015 jvratil@bluevolleyk 1 2.org 2200
200 SE 7th St Hon. Teresa L. Watson Member Ste 410 (785) 251-41 30 [email protected] Topeka, KS 66603-3922
120 W Kansas Ave Ste B Mr. Robert Wise Member PO Box 1146 (620) 241-0554 [email protected] McPherson, KS 67460
1 200 SW Harrison St Mr. Jordan Yochim Executive Director (785) 234-5696 [email protected] Topeka, KS 66612-1806
90 KANSAS BAR ASSOCIATION 2016-17 Bench Bar CommiHee
Member Title Address Telephone E-Mail
2555 Grand Blvd Kansas City, MO 641 08- Mr. J. Eugene Balloun Member (816) 559-2531 [email protected] 2613
5601 SW Barrington Ct S Mr. Craig C. Blumreich Member Topeka, KS 66614-2560 (785) 273-7722 [email protected]
111 E 11th St Mr. Charles E. Unit 100 Chair (785) 841-0211 [email protected] Branson lawrence, KS 66044-2912
PO Box 8 Hon. Glenn Braun Member Hays, KS 67601-0008 (785) 628-9422 [email protected]
2317 SW Mayfair PI Hon. J. Patrick Brazil Member Topeka, KS 66611 -2090 (785) 478-4922 [email protected]
9335 Evergreen Hon. Timothy E. Brazil Member Chanute, KS 66720 ( 620) 431-8759 [email protected]
645 Massachusetts St Hon. Mary Beck Ste 400 Member (785) 843-4067 judge_mary_beck_briscoe@ca 1O.uscourts.gov Briscoe lawrence, KS 66044-2255
525 N Main St Hon. Benjamin L. Ste 7-2 Member (316) 660-5607 bburgess@dc 18.org Burgess Wichita, KS 67203-3739
2959 N Rock Rd Ms. Amy Fellows Ste 300 Member (316) 630-8100 [email protected] Cline Wichita, KS 67226-51 00
137 S Main St PO Box 326 Mr. Joel R. Euler Member (785) 985-4000 [email protected] Troy, KS 66087-4140
135 N Main St Ms. Elaine R. Member Wichita, KS 67202-1400 (316) 269-1414 [email protected] Fleetwood
8301 E 21st St N Ste 450 Mr. Dennis L. Gillen Member (316) 262-4000 [email protected] Wichita, KS 67206-2936
91 KANSAS BAR ASSOCIATION 2016-17 Bench Bar CommiHee
500 State Ave Rm 529 Ms. Angela D. Gupta Member (913) 735-2308 [email protected] Kansas City, KS 66101-2400
301 SW 1Oth Rm 240 Hon. Stephen D. Hill Member Topeka, KS 66612-1507 (785) 296-541 0 [email protected]
1 1 10 1 W 1 19th Ter Overland Park, KS 66213- Mr Reid F. Holbrook Member (913) 627-9200 [email protected] 2051
100 N Broadway St Mr. Richard L. Ste 950 Member (316) 265-7741 [email protected] Honeyman Wichita, KS 67202-2216
500 State Ave Hon. Teresa J. James Member Kansas City, KS 66101 (913) 735-2200 [email protected]
300 N Mead St Ste 200 Mr. John Johnson Member (316) 262-2671 [email protected] Wichita, KS 67202-2745
2600 Grand Blvd Ste 550 Mr. Lynn R. Johnson Member Kansas City, MO 641 08- (816) 474-0004 [email protected] 4627
601 S 3rd St Ste 4088 leavenworth, KS 66048- Hon. David J. King Member (913) 684-0718 [email protected] 2868
3550 SW 5th St Mr. Justice B. King Member Topeka, KS 66606-191 0 (785) 232-7761 [email protected]
PO Box 154 Mr. Gerald R. Member Atchison, KS 66002-1801 (913) 367-2008 [email protected] Kuckelman
6804 W 107th St Ste 250 Mr. Leo L. Logan Member Overland Park, KS 6621 2- (913) 381-4000 [email protected] 1894
2102 memory lane Hon. Daniel L. Love Member Dodge city, KS 67801 (620) 227-7815 [email protected]
92 KANSAS BAR ASSOCIATION 2016-17 Bench Bar CommiHee
301 SW 1Oth Ave Hon. Marla J. Luckert Member Topeka, KS 66612-1500 (785) 296-4900 [email protected]
419 N Kansas Ave Ms. Shirla R. Member Liberal, KS 67901-3329 (620) 624-2548 [email protected] McQueen
1 200 SW Harrison St Mr. Joseph N. Molina Stoff Topeka, KS 66612-1806 (785) 861-8836 [email protected] Ill liaison
9225 Indian Creek Pkwy Ste 600 Mr. ScoH Nehrbass Member Overland Pork, KS 66210- (913) 498-2100 [email protected] 2000
401 N Market St Rm 104 Hon. Robert E. Nugent Member (316) 315-4150 [email protected] Wichita, KS 67202-2000
PO Box 417 Hon. James A. PaHon Member Hiawatha, KS 66434-0417 (785) 7 42-3522 [email protected]
1201 Walnut St Ste 2900 Mr. Donald C. Member Kansas City, MO 641 06- (816) 691-2382 [email protected] Ramsay 2178
332 W Main St Mr. John C. Rubow Member Chanute, KS 66720-1606 (620) 431-7307 [email protected]
301 SW lOth Ave Hon. Kim R. Schroeder Member Topeka, KS 66612 (785) 296-6146 [email protected]
2323 Grand Blvd Ste 1100 Ms. Heather F. Shore Member (816) 292-7000 [email protected] Kansas City, MO 641 08
700 SW Harrison Room 280 A Mr. Alan E. Streit Member (785) 274-3690 [email protected] Topeko, KS 66603-3929
100 N Kansas Ave Hon. Thomas M. Member Olathe, KS 66061-3278 (913) 715-3770 [email protected] Sutherland
93 KANSAS BAR ASSOCIATION 2016-17 Bench Bar CommiHee
200 SE 7th St Rm 324 Hon. Franklin R. Theis Member (785) 251-4385 [email protected] Topeka, KS 66603-3922
301 N Main St Mr. William L. Ste 1900 Member (316) 267-7361 [email protected] Townsley Ill Wichita, KS 67202-4819
100 N Broadway St Ste 950 Mr. Randy J. Troutt Member (316) 265-7741 [email protected] Wichita, KS 67202-2216
200 SE 7th St Ste 410 Hon. Teresa L. Watson Member (785) 251-4130 [email protected] Topeka, KS 66603-3922
200 SE 7th St Rm 401 Hon. Evelyn z. Wilson Member (785) 251-4369 [email protected] Topeka, KS 66603-3933
94 KANSAS BAR ASSOCIATION 2016-17 Board of Editors
Member Title Address Telephone E-Mail
Ms. Sarah Genevieve Baker 300 N Mead St (316) 685- Member [email protected] Briley Wichita, KS 67202-2745 8642 301 SW lOth Ave Rm 278 (785) 296- Hon. David E. Bruns Member [email protected] Topeka, KS 66612-1500 6913 2600 Grand Blvd (816) Mr. Richard Lawrence Budden Member rbudden@sjblow .com Kansas City, MO 64108-4627 4740004
1551 N Waterfront Pkwy (316) 267- Mr. Boyd Byers Member [email protected] Wichita, KS 67206-6605 6371
1700 SW College Ave (785) 670- Ms. Emily Grant Choir [email protected] Topeka, KS 66621-0001 1677
1 20 longview Dr Ms. Connie S. Hamilton Member [email protected] Manhattan, KS 66502-3938
1040 New Hampshire St (785) 218- Mr. Michael T. Jilka Member [email protected] lawrence, KS 66044-3044 2999
8841 Cypress Preserve PI (239) 745- Ms. Lisa R. Jones Member [email protected] Fort Myers, Fl33912-0829 4264
444 SE Quincy St (785) 338- Hon. Janice Miller Karlin Member [email protected] Topeka, KS 66683-3502 5950
120 W Kansas Ave (620) 241- Mr. Casey Law Member [email protected] McPherson, KS 67460-4756 0554
401 N Market St (316) 315- Hon. Robert E. Nugent Member [email protected] Wichita, KS 67202-2000 4150
1535 W 15th St (785) 864- Prof. John Peck Member [email protected] lawrence, KS 66045-7608 9228
2959 N Rock Rd (316) 630- Ms. Rachael K. Pirner Member [email protected] Wichita, KS 67226-5100 8100
6811 Shawnee Mission Pkwy Overland Park, KS 66202- (913) 236- Mr. Richard D. Ralls Member [email protected] 4088 7260
95 KANSAS BAR ASSOCIATION 2016-17 Board of Editors
Member Title Address Telephone E-Mail
1100 Main St (816) 421- Ms. Karen Wedel Renwick Member [email protected] Kansas City, MO 641 05-5193 6620 301 SW 1Oth Ave (785) 291- Ms. Terri Savely Board liaison [email protected] Topeka, KS 66612-1507 3925 444 SE Quincy St (785) 338- Ms. Teresa M. Schreffler Member [email protected] Topeka, KS 66683-3502 5952 PO Box 816 (785) 776- Mr. Richard H. Seaton Sr. Member [email protected] Manhattan, KS 66505-0816 4788
PO Box 487 (620) 635- Ms. Sarah B. ShaHuck Member [email protected] Ashland, KS 67831-0487 2331
120 SW 1Oth Ave (785) 368- Mr. Richard D. Smith Member [email protected] Topeka, KS 66612-1237 8409
120 SW lOth Ave (785) 368- Ms. Martha M. Snyder Member [email protected] Topeka, KS 6661 2-1237 8419
215 SE 7th St (785) 368- Ms. Catherine A. Walter Member [email protected] Topeka, KS 66603-3914 3883
1 200 SW Harrison St (785) 234- Ms. Meg Wickham Staff liaison [email protected] Topeka, KS 66612-1806 5696
9225 Indian Creek Pkwy (913) 498- Mr. lssaku Yamaashi Member Overland Park, KS 6621 0- [email protected] 2100 2000
111 E 11th St (785) 832- Ms. Natalie Yoza Member [email protected] lawrence, KS 66044-2912 5159
96 KANSAS BAR ASSOCIATION 2016-17 Board of Publishers
Member Title Address Telephone E-Mail
301 SW 1Oth St Rm 337 Ms. Martha J. CoHman Member (785) 296-3530 [email protected] Topeka, KS 66612-1500 10 E Cambridge Circle Dr Ste 300 Mr. Gregory P. Goheen Choir (913) 371-3838 [email protected] Kansas City, KS 661 03- 1342 1700 SW College Ave Ms. Emily Grant Member Rm 219 (785) 670-1677 [email protected] Topeka, KS 66621-0001
1 200 SW Harrison St Ms. Danielle M. Hall Stoff (785) 861-8827 [email protected] Topeka, KS 66612-1806
301 SW 1Oth Rm 240 Hon. Stephen D. Hill Member (785) 296-541 0 [email protected] Topeko, KS 6661 2-1507
1 200 SW Harrison St Ms. Amanda Kohlman Stoff liaison (785) 234-5696 [email protected] Topeko, KS 6661 2-1 806
301 SW 1Oth Ave Hon. Patrick D. McAnany Member Rm 262 (785) 296-0571 [email protected] Topeka, KS 66612-1500 500 State Ave Rm 537 casey [email protected] Ms. Kristin C. TourtilloH Member (913) 735-2345 Kansas City, KS 66101- v 2400 333 W 9th St, Suite B Ms. Sarah E. Warner Member Lawrence, KS 66044- (785) 841-4554 sarah. [email protected] 2803
120 SW 1Oth Ave Ms. Cheryl Whelan Boord Liaison 2nd Floor (785) 368-8402 cheryl. [email protected] Topeka, KS 66612-1597
824 Washington St Ms. Cassy A. Zeigler Member (785) 72631 29 [email protected] Ellis, KS 67637-2221
97 KANSAS BAR ASSOCIATION 2016-17 Continuing Legal Education CommiHee
Member Title Address Telephone E-Mail
7227 Metcalf Ave Ms. Stacy A. Burrows Member Ste 301 (816) 300-6253 [email protected] Overland Park, KS 66204 301 SW 1Oth St Rm 337 Ms. Martha J. Coffman Member (785) 296-3530 [email protected] Topeka, KS 66612-1500 9225 Indian Creek Pkwy Ste 600 Mr. Toby Crouse Chair (913) 498-2100 [email protected] Overland Park, KS 66210- 2000 1 31 0 Wakarusa Dr. Mr. Patrick H. Donahue Member Suite A (785) 832-8521 [email protected] lawrence, KS 66049
445 E 72nd St Mr. Mark J. Galus Member [email protected] Kansas City, MO 64131-1616
31 0 W Central Ave ! Ms. Cathleen A. Gulledge Member Ste 108 (316) 265-2227 [email protected] Wichita, KS 67202-1 003
1 200 SW Harrison St Ms. Danielle M. Hall Staff liaison (785} 861-8827 [email protected] Topeka, KS 66612-1806
2 Cessna Blvd., Suite 100 Ms. Laura Ice Member (316) 660-1258 [email protected] Wichita, KS 67215
1700 SW College Ave Mr. Shawn Leisinger Member Rm 219 (785) 670-1 060 [email protected] Topeka, KS 66621-0001
PO Box 767 Mr. Jeffery A. Mason Member 214 E. lOth (785) 890-6588 [email protected] Goodland, KS 67735-0767
10990 Roe Avenue Mr. Christopher J. Masoner Member (913) 696-6189 [email protected] Overland Park, KS 66211
1 535 W 15th St Dean, Ex- Dean Stephen W. Mazza 50 Strong Hall (785) 864-9266 [email protected] Officio lawrence, KS 66045-7608 7007 College Blvd Ste 460 MMdivani@uslegalimmigration. Ms. Mira Mdivani Member (913) 317-6200 Overland Park, KS 66211- com 2441 1700 SW College Ave Dean, Ex- Dean Thomas J. Romig Rm 219 (785} 670-1 060 [email protected] Officio Topeka, KS 66621-0001
98 KANSAS BAR ASSOCIATION 2016-17 Continuing Legal Education CommiHee
Member Title Address Telephone E-Mail
909 SE Quincy St Ms. Angel R. Zimmerman Vice Chair (785) 357-0021 [email protected] Topeka, KS 66612-1115 Member /Solo & 301 N Main St Mr. Thomas A. Adrian Small Firm Sec. Ste 400 (316) 283-8746 [email protected] Liaison Newton, KS 67114-3464
Construction law 900 W 48th PI Ste 900 Mr. Heath Anderson (816) 421-3355 [email protected] Sec. Liaison Kansas City, MO 6411 2
Bankruptcy & 2887 SW MocVicar Ave Mr. Tom R. Barnes II (785) 267-341 0 [email protected] Insolvency Liaison Topeka, KS 66611-1782
7601 SW Robinhood Ms. Aline Cole BarreH ADR Sec. Liaison (785) 273-7889 [email protected] Topeka, KS 66614-4669
10990 Quiviro Rd Criminal low Sec. Ste 200 Ms. Dionne Scherff (913) 948-9490 [email protected] Liaison Overland Pork, KS 66210-1284
Corporate Counsel 1 Security Benefit PI Mr. Michael J. Burbach (785) 438-3172 [email protected] Sec. liaison Topeko, KS 66636-1 000
1080 1 Mastin St Intellectual Suite 1000 Mr. Kyle Mendenhall Property Sec. (913) 647-9050 [email protected] Overland Pork, KS liaison 66210-1697 1100 Walnut Employment low Mr. Brent N. Coverdale Ste 1950 (816) 268-9419 [email protected] Sec. liaison Kansas City, MO 641 06
420 SE 6th Ave Indian low Sec. Mr. Mark Dodd Ste 3000 (785) 368-6202 [email protected] Liaison Topeko, KS 66607-1 181
3735 SW Wanamaker Rd Tax low Sec. Mr. Douglas C. Fincher SteA (785) 783-8323 [email protected] Liaison Topeka, KS 66610-1396
Appelote Practice 301 SW 1Oth Ste 264 Ms. Chelsey G. Langland (785) 291-3005 [email protected] Sec. liaison Topeko, KS 66612-1 500
Health law Sec. Vacant liaison
99 KANSAS BAR ASSOCIATION 2016-17 Continuing Legal Education CommiHee
Member Title Address Telephone E-Mail
11111 W 95th St litigation Sec. Ste 245 Ms. Rhonda Mason (913) 599-3663 [email protected] Liaison Overland Park, KS 66214-1846 301 N Main St Mr. Kent Meyerhoff REPT Sec. Liaison Ste 1900 (316) 267-7361 [email protected] Wichita, KS 67202-4819
PO Box 380 Mr. Jacob E. Peterson YLS Liaison (785) 823-6325 [email protected] Salina, KS 67402-0380
Oil, Gas,& 1700 SW College Ave Prof. David E. Pierce Mineral Sec. Rm 219 (785) 670-1676 [email protected] Liaison Topeka, KS 66621-0001
litigation Sec. 291 3 SW Maupin ln Mr. Ronald P. Pope (785) 273-8002 [email protected] liaison Topeka, KS 66614-4139
3615 SW 29th St Ms. Ashley Rohleder YLS Liaison Ste 201C (785) 409-1 300 [email protected] Topeka, KS 66614 515 Avenida CesarE Ms. Rekha Sharma- Immigration Sec. Chavez (816) 994-2300 [email protected] Crawford Liaison Kansas City, MO 64108- 2133
Administrative 1500 SW Arrowhead Rd Ms. Amber R. Smith (785) 271-3301 [email protected] law Sec. liaison Topeka, KS 66604-4027
900 Massachusetts St Ste Ag law Sec. 500 Mr. Wesley F. Smith (785) 856-6540 [email protected] Liaison lawrence, KS 66044- 2868 630 Humboldt St Ms. Gabriela A. Vega Family law Sec. Ste 110 (785) 539-5300 [email protected] Acosta Liaison Manhattan, KS 66502- 6095 11150 Overbrook Rd Corporation, Ste 210 Ms. Karen M. Virgillito Banking & Business (913) 693-8269 [email protected] leawood, KS 66211- Sec. Liaison 2235 900 Massachusetts St Ste Elder law Sec. 500 Ms. Molly Mead Wood (785) 843-081 1 [email protected] Liaison lawrence, KS 66044- 2868
100 KANSAS BAR ASSOCIATION 2016-17 Diversity CommiHee
Member Title Address Telephone E-Mail
327 N Green St Ms. Lanna J. Allen Member (316) 3034131 [email protected] Wichita, KS 67214-4537 326 US Courthouse Hon. Gwynne Birzer Member 401 N Market (316) 315-4360 [email protected] Wichita, KS 67202 6240 W 135th St Ste 200 Ms. Christi Bright Member (913) 239-9966 [email protected] Overland Park, KS 66223-4849 1 20 SW 1Oth Ave., Mr. Dennis D. Depew Member 2nd Floor (785) 368-8426 [email protected] Topeka, KS 6661 2-1 597
420 SE 6th Ave Mr. Mark Dodd Member Ste 3000 (785) 368-6202 [email protected] Topeka, KS 66607-11 81
170 W Dewey St Ms. Mojirayo S. Fanimokun Member (316) 263-3167 [email protected] Wichita, KS 67202-5500
155 N Quentin St Ms. Gloria Flentje Member (316) 523-1132 [email protected] Wichita, KS 67208-3710
PO Box 780076 Mr. Trinidad P. Galdean Member (316) 573-7992 [email protected] Wichita, KS 67278-0076
5064 Thrush Dr Mrs. Katherine Lee GoyeHe Member (480) 307-3124 goyettek [email protected] Pueblo, CO 81 008-2842
700 S Kansas Ave Ms. Natalie G. Haag Member (785) 270-6165 [email protected] Topeka, KS 66603-3818
103 N Chestnut St Mr. Leonard A. Hall Member (913) 782 4470 [email protected] Olathe, KS 66061 -3404
712 S Kansas Ave Ms. Marilyn Harp Member Ste 200 (785) 233-2068 [email protected] Topeka, KS 66603-3821
1 SW Security Benefit PI Ms. Amanda Kiefer Member Ste 100 (785) 438-6284 [email protected] Topeka, KS 66606-2542
1700 SW College Ave Mr. Joseph Philip Chair Rm 219 (785) 670-1 060 [email protected] Mastrosimone Topeka, KS 66621-0001
101 KANSAS BAR ASSOCIATION 2016-17 Diversity CommiHee
Member Title Address Telephone E-Mail
327 N Green St Ms. Lanna J. Allen Member (316) 3034131 [email protected] Wichita, KS 67214-4537 326 US Courthouse Hon. Gwynne Birzer Member 401 N Market (316) 315-4360 [email protected] Wichita, KS 67202 6240 W 1 35th St Ste 200 Ms. Christi Bright Member (913) 239-9966 [email protected] Overland Park, KS 66223-4849 120 SW 1Oth Ave., Mr. Dennis D. Depew Member 2nd Floor (785) 368-8426 [email protected] Topeka, KS 6661 2-1597
420 SE 6th Ave Mr. Mark Dodd Member Ste 3000 (785) 368-6202 [email protected] Topeka, KS 66607-11 81
Ms. Mojirayo S. Fanimokun Member [email protected]
155 N Quentin St Ms. Gloria Flentje Member (316) 523-1132 [email protected] Wichita, KS 67208-3710
PO Box 780076 Mr. Trinidad P. Galdean Member (316) 573-7992 [email protected] Wichita, KS 67278-0076
5064 Thrush Dr Mrs. Katherine Lee GoyeHe Member (480) 307-3124 goyettek 1 @gmail.com Pueblo, CO 81008-2842
700 S Kansas Ave Ms. Natalie G. Haag Member (785) 270-6165 [email protected] Topeka, KS 66603-3818
103 N Chestnut St Mr. Leonard A. Hall Member (913) 782 4470 [email protected] Olathe, KS 66061-3404
712 S Kansas Ave Ms. Marilyn Harp Member Ste 200 (785) 233-2068 [email protected] Topeka, KS 66603-3821
1 SW Security Benefit PI Ms. Amanda Kiefer Member Ste 100 (785) 438-6284 [email protected] Topeka, KS 66606-2542
1700 SW College Ave Mr. Joseph Philip Chair Rm 219 (785) 670-1 060 [email protected] Mastrosimone Topeka, KS 66621-0001
102 KANSAS BAR ASSOCIATION 2016-17 Diversity CommiHee
Member Title Address Telephone E-Mail
7007 College Blvd Ste 460 Ms. Mira Mdivani Member (913) 317-6200 [email protected] Overland Park, KS 66211-2441 Staff 1200 SW Harrison St Ms. Deana Rae Mead (785) 861-8839 [email protected] liaison Topeka, KS 66612-1806 1133 SW Topeka Blvd Ms. Sunee N. Mickle Member (785) 291-7194 [email protected] Topeka, KS 66629-0001 130 N Cherry St Mr. Damon DeVegg Mitchell Member Ste 105 (913) 747-9200 [email protected] Olathe, KS 66061-3491 8080 Ward Pkwy Ste 320 Ms. Jacqlene A. Nance-Mengler Member (816) 282-6064 [email protected] Kansas City, MO 64114- 2040 816 Congress Avenue Board Mr. Bruce A. Ney Suite 1100 (512) 457-2311 [email protected] liaison Austin, TX 78701
200 N Broadway St Mr. Richard Ney Member Ste 300 (316) 264-0100 [email protected] Wichita, KS 67202-2324
1700 SW College Ave Mr. Preston S. Nicholson Member (785) 670-1706 [email protected] Topeka, KS 66621
11 56 W 1 25th St Ms. Eunice C. Peters Member Carbondale, KS 66414- (785) 817-2533 [email protected] 9207
301 sw lOth Hon. Melissa Taylor Standridge Member (785) 296-3025 [email protected] Topeka, KS 66612-1500
300 SW 8th Ave Ms. Amanda L. Stanley Member Ste 100 (785) 354-9565 [email protected] Topeka, KS 66603-3941
Ms. Rochelle Veikune Member [email protected]
15200 E Zimmerly St Mr. Gregory L. Waller Member (316) 259-0962 [email protected] Wichita, KS 67230-9551
8000 Foster St Ms. Samara Nazir Zaman Member (913) 648-3220 [email protected] Shawnee, KS 66204
103 KANSAS BAR ASSOCIATION 2016-17 Ethics Advisory CommiHee
Member Title Address Telephone E-Mail
10 S Hallock St Mr. Timothy M. Alvarez Member (913) 371-1030 [email protected] Kansas City, KS 661 01-3811 301 N Main St Mr. Gary M. Austerman Member Ste 1600 (316) 267-0331 [email protected] Wichita, KS 67202-481 6 9401 Indian Creek Pkwy Mr. J. Nick Badgerow Chair Suite 700 (913) 345-8100 [email protected] Overland Park, KS 66210-2038
1 257 SW lakeside Dr Hon. Terry L. Bullock Member [email protected] Topeka, KS 66604-1624
31 0 N First Street Mr. Brian S. Burris Member (316) 977-6368 [email protected] Colwich, KS 67030-9655
532 N Market St Mr. David P. Calvert Member (316) 2699055 [email protected] Wichita, KS 67214-3514
1 20 SW 1Oth Ave., Mr. Dennis D. Depew Member 2nd Floor (785) 368-8426 [email protected] Topeka, KS 66612-1597
668 2600 Ave Ms. Autumn L. Fox Member (785) 280-2793 [email protected] Abilene, KS 6741 0-0488
PO Box 7704 Mr. Gilbert L. Guthrie Member One Cessna Boulevard Bldg C1 (316) 517-4337 [email protected] Wichita, KS 67277-7704
534 S Kansas Ave Mr. Charles R. Hay Member Ste 1400 (785) 233-3600 [email protected] Topeka, KS 66603-3436
3600 SW Spring Hill Dr Mr. Robert D. Hecht Member [email protected] Topeka, KS 66614-3965
1201 Walnut St Mr. Mark D. Hinderks Member Ste 2900 (816) 842-8600 [email protected] Kansas City, MO 64106-2178 5611 SW Barrington Ct S Ms. Ann L. Hoover Member Ste 100 (785) 272-3000 [email protected] Topeka, KS 66614-2556 534 S Kansas Ave Mr. Vernon L. Jarboe Member Ste 1000 (785) 357-631 1 [email protected] Topeka, KS 66603-3456 3301 SW Van Buren St Mr. Robert E. Keeshan Member (785) 267-0040 [email protected] Topeka, KS 66611-2482
104 KANSAS BAR ASSOCIATION 2016-17 Ethics Advisory CommiHee
Member Title Address Telephone E-Mail
1535 W 15th St Mr. Kevin K. Kelly Member 50 Strong Hall (785) 832-7408 [email protected] lawrence, KS 66045-7608 3550 SW 5th St Mr. Justice B. King Member (785) 232-7761 [email protected] Topeka, KS 66606-191 0 4840 Bob Billings Pkwy Ste Ms. Katherine L. Kirk Member 1010 (785) 7 49-1323 [email protected] lawrence, KS 66049-4092
PO Box 397 Hon. Philip T. Kyle Member (620) 357-6510 [email protected] Jetmore, KS 67854-0397
8301 E2lstStN Mr. Jack Scoff Mclnteer Member Ste 450 (316) 262-4000 [email protected] Wichita, KS 67206-2936
Mr. Maffhew Crane 601 E 12th St Rm 965 Member (816) 936-5770 matthew [email protected] Miller Kansas City, MO 64106-2818
PO Box 1244 Mr. William S. Mills Member (620) 241-7333 [email protected] McPherson, KS 67460-1 244
Staff 1 200 SW Harrison St Mr. Joseph N. Molina Ill (785) 861-8836 [email protected] liaison Topeka, KS 66612-1806
205 N 1Oth St, Suite 4 Mr. Michael W. Murphy Member P.O. Box 468 (785) 562-5026 [email protected] Marysville, KS 66508-0468
2887 SW MacVicar Ave Mr. Stanley R. Parker Member Ste 110 (785) 266-3044 [email protected] Topeka, KS 66611-1782
Mr. Douglas R. 7701 College Blvd Member (312) 339-2003 [email protected] Richmond Overland Park, KS 66210
PO Box 360 Mr. Ronald D. Smith Member (620) 285-3157 rdsmith [email protected] larned, KS 67550-0360
7211 W 98th Ter Mr. Nathan M. Suffon Member Ste 140 (913) 385-0444 [email protected] Overland Park, KS 66212-2257 5860 Renner Rd Ms. Karen L. Torline Member (913) 742-6907 [email protected] Shawnee, KS 66217-9787
105 KANSAS BAR ASSOCIATION 2016-17 Ethics Grievance Panel
Member Title Address Telephone E-Mail
5895 SW 29th St. Mr. David 0. Alegria Member (785) 783-7065 [email protected] Topeka, KS 66614-5616 107 W 4th St Mr. Stephen B. Angermayer Member (620) 231-7300 [email protected] Pittsburg, KS 66762-4801 111 W 13th St Mr. Dennis L. Bieker Member (785) 625-3537 [email protected] Hays, KS 67601-3613
229 S Broadway Ave Mr. Granville M. Bush IV Member (620) 278-2331 [email protected] Sterling, KS 67579-2339 417 Poyntz Ave Mr. Barry A. Clark Member (785) 539-6634 [email protected] Manhattan, KS 66502-0115 302 Shawnee St Mr. Michael Crow Member PO Box 707 (913) 682-0166 [email protected] leavenworth, KS 66048-2063 PO Box 111 Mr. Dennis R. Davidson Member (785) 483-3195 [email protected] Russell, KS 67665-0111
129 W 2nd Ave Mr. Daniel W. Forker Jr. Member Ste 200 (620) 663-7131 [email protected] Hutchinson, KS 67501-5270 I PO Box 369 Mr. Curtis A. Frasier Member (785) 738-5723 [email protected] Beloit, KS 67420-0369 445 E 72nd St Mr. Mark J. Galus Member [email protected] Kansas City, MO 641 31 -1616 0 201 S Main St Mr. Alan C. Goering Member (620) 886-3751 [email protected] Medicine lodge, KS 67104-1410 20 W 2nd Ave 2nd Fl Mr. Gerald L. Green Member (620) 662-0537 [email protected] Hutchinson, KS 67501-5246 111 E Forest Mr. Timothy J. Grillot Member SteA (620) 724-6780 [email protected] Girard, KS 66743 124 W Grant Ave Mr. Randall D. Grisell Member (620) 275-8099 [email protected] Garden City, KS 67846-5411 Staff 1 200 SW Harrison St Ms. Danielle M. Hall (785) 861-8827 [email protected] liaison Topeka, KS 66612-1806 6301 W 128th St Mr. Kenneth C. Havner Member (913) 602-0931 [email protected] leawood, KS 66209-4007
POBox 1626 M$. Jcllle M. tsern Chair {620) 792-5388 [email protected] Great Bend, KS 67530-1626 512E4thSt Mr. Michael E. Kelly Member (91 3) 845-8780 [email protected] Tonganoxie, KS 66086-8920 1715 Central Ave Mr. Glenn I. Kerbs Member (620) 225-0238 [email protected] Dodge City, KS 67801-4508
106 KANSAS BAR ASSOCIATION 2016-17 Ethics Grievance Panel
Member Title Address Telephone E-Mail
P.O. Box G Mr. Kurt F. Kluin Member (620) 431-1601 [email protected] Chanute, KS 66720 11 300 Tomahawk Creek Pkwy Mr. Kip A. Kubin Member Ste 190 (913) 948-8200 [email protected] leawood, KS 66211-2693
2345 Grand Blvd Ms. Greer S. Lang Member Ste 2200 (816) 460-5511 [email protected] Kansas City, MO 64108-2618
120 W Kansas Ave Mr. Casey Law Member Ste B (620) 241-0554 [email protected] McPherson, KS 67460-4756
534 S. Kansas Ave Mr. Gregory A. Lee Member Suite 1000 (785) 357-6311 [email protected] Topeka, KS 66603 900 Massachusetts St Ste 500 Ms. Sherri E. Loveland Member (785) 843-0811 [email protected] lawrence, KS 66044-2868 PO Box 767 Board Mr. Jeffery A. Mason 214 E. lOth (785) 890-6588 [email protected] liaison Goodland, KS 67735-0767 PO Box 1429 Mr. Brock R. McPherson Member (620) 7933420 [email protected] Great Bend, KS 67530-1429 208 N Commercial St Mr. Darrell E. Miller Member (785) 378-31 28 [email protected] Mankato, KS 66956-2006
120 SW lOth Ave Ms Derenda J Mitchell Member Fl 2 (785) 291-3797 [email protected] Topeka, KS 6661 2-1 237
1845 Fairmount Mr. David H. Moses Member Suite 201 (316) 978-6791 [email protected] Wichita, KS 67260-0205 PO Box 426 Mr. Robert D. Myers Member (316) 284-6018 [email protected] Newton, KS 67114-0426 PO Box 9 Mr. Douglas G. OH Member (620) 251-1300 [email protected] Coffeyville, KS 67337-0009 2009 Frederick Dr Mr. Bradley C. Ralph Member (620) 338-1547 [email protected] Dodge City, KS 67801 81 0 W Frontview St Mr. David J. Rebein Member (620) 227-8126 [email protected] Dodge City, KS 67801-2231 216 S Hickory St Mr. John L. Richeson Member (785) 242-1234 [email protected] Ottawa, KS 66067-2309
107 KANSAS BAR ASSOCIATION 2016-17 Ethics Grievance Panel
Member Title Address Telephone E-Mail
11 0 E Broadway St Mr. John S. Robb Member (316) 283-4560 [email protected] Newton, KS 67114-2222 301 N Market St Mr. Richard Sanborn Member (316) 262-6462 [email protected] Wichita, KS 67202-2009 PO Box 816 Mr. Richard H. Seaton Sr. Member 41 0 Humboldt (785) 776-4788 [email protected] Manhattan, KS 66505-0816 100 Military Ave Mr. David H. Snapp Member Ste 211 (620) 225-5051 [email protected] Dodge City, KS 67801-4945 PO Box 571 Mr. Thomas H. Sullivan Member (785) 543-2914 [email protected] Phillipsburg, KS 67661-0571 7211 W 98th Ter Mr. Nathan M. Sutton Member Ste 140 (91 3) 385-0444 [email protected] Overland Park, KS 66212-2257 300 N Mead St Mr. Karl R. Swartz Member Ste 200 (316) 262-2671 [email protected] Wichita, KS 67202-2745 819 N Washington St Mr. David P. Troup Member (785) 762-2210 [email protected] Junction City, KS 66441-2446
1535 W 15th St Prof. Suzanne Valdez Member 50 Strong Hall (785) 864-9268 [email protected] Lawrence, KS 66045-7608
PO Box 1043 Mr. Jay W. VanderVelde Member (620) 342-0356 [email protected] Emporia, KS 66801-1043 PO Box 380 Ms. Paula J. Wright Member (785) 823-6325 [email protected] Salina, KS 67402-0380
108 KANSAS BAR ASSOCIATION 2016-17 Federal and State Jurisdiction Panel
Member Title Address Telephone E-Mail
601 S 3rd St Mr. Steven Joseph Crossland Member (91 3) 684-1 026 [email protected] leavenworth, KS 66048-2868 301 SW 10th Ave Ms. Nancy M. Dixon Member (785) 296-4873 [email protected] Topeka, KS 66612-1500 401 N Market St Hon. Kenneth Gale Co-Choir Rm403 (316) 315-4380 [email protected] Wichita, KS 67202-2000 10 E Cambridge Circle Dr Mr. Gregory P. Goheen Member Ste 300 (913) 371-3838 [email protected] Kansas City, KS 66103-1342
401 N Market St Hon. Eric F. Melgren Member Rm 414 (316) 315-4320 [email protected] Wichita, KS 67202-2000
Stoff 1 200 SW Harrison St Mr. Joseph N. Molina Ill (785) 861 -8836 [email protected] liaison Topeko, KS 666 1 2-1806
500 State Ave Mr. Timothy O'Brien Member Rm 259 (913) 735-2222 tim_o '[email protected] Kansas City, KS 66 101 -2400
444 SE Quincy St Hon. K. Gary Sebelius Member Ste 475 (785) 338-5480 [email protected] Topeko, KS 66683-351 0
301 10th Hon. Melissa Taylor Standridge Co-Chair sw (785) 296-3025 [email protected] Topeka, KS 66612-1500
109 KANSAS BAR FOUNDATION 2016-17 KBF Investment CommiHee
Member Title Address Telephone E-Mail
2959 N Rock Rd Ms. Amy Fellows Cline Member Ste 300 (316) 630-8100 [email protected] Wichita, KS 67226-51 00 115 W Pine Ave Mr. James L. Hargrove Member El Dorado, KS 67042- (316) 321-2802 [email protected] 3420 800 SW Jackson St Mr. Richard Hayse Member Ste 1310 (785} 232-2662 [email protected] Topeka, KS 66612-1216 4840 Bob Billings Pkwy Ste 1010 Ms. Katherine L. Kirk Member (785) 7 49-1323 [email protected] lawrence, KS 66049- 4092 6201 College Blvd Ste 500 Ms. Amy E. Morgan Chair (913) 451-8788 [email protected] Overland Park, KS 66211-2435 2231 SW Wanamaker Rd Mr. C. David Newbery Member Ste 101 (785) 273-5250 [email protected] Topeka, KS 66614-4275
3201 SW Staffordshire Ms Patrice Petersen-Klein Member Rd (785) 7 64-6840 [email protected] Topeka, KS 66614-4387
1 200 SW Harrison St Mr. Ken Waugh Staff (785) 234-5696 [email protected] Topeka, KS 66612-1806
1 200 SW Harrison St Mr. Jordan Yochim Staff liaison (785) 234-5696 [email protected] Topeka, KS 6661 2-1806
110 KANSAS BAR FOUNDATION 2016-17 KBF IOLTA CommiHee
Member Title Address Telephone E-Mail
6240 W 135th St Ms. Christi Bright Member Suite 200 (913) 239-9966 [email protected] Overland Pork, KS 66223-4849 301 SW 1Oth Ave Ms. Stephanie Bunten Member Rm 337 (785) 296-4897 [email protected] Topeka, KS 66612 300 North Mead Mr. Jeffery L. Carmichael Member Suite 200 (316) 262-2671 [email protected] Wichita, KS 67202 120 SW 1Oth Ave., Mr. Dennis D. Depew Member 2nd Floor (785) 368-8426 [email protected] Topeka, KS 66612-1597 727 N Waco Ave Ms. Joni JeaneHe Franklin Member Ste 150 (316) 264-5664 [email protected] Wichita, KS 67203-3929
201 W Main Ms. Julie D. Hower Member (620) 767-5138 [email protected] Council Grove, KS 66846-1834
10 E Cambridge Circle Dr Mr. John Jurcyk Member Ste 300 (913) 371-3838 [email protected] Kansas City, KS 661 03-1342
4840 Bob Billings Pkwy Ste Ms. Katherine L. Kirk Member 1010 (785) 7 49-1323 [email protected] lawrence, KS 66049-4092
515 S Kansas Ave Mr. Nathan Leadstrom Member (785) 233-0593 [email protected] Topeka, KS 66603-3405
2959 N Rock Rd Ms. Rachael Pirner Member Suite 300 (316) 630-8100 [email protected] Wichita, KS 67226-51 00
PO Box 783008 Ms. Susan G. Saidian Choir (316) 634-3705 [email protected] Wichita, KS 67278-3008
15334 Hendryx Ct Hon. Kevin M. Smith Member (316) 7297745 [email protected] Goddard, KS 67052-5200
1200 SW Harrison St Ms. Anne Woods Stoff liaison (785) 861-8838 [email protected] Topeka, KS 66612-1806
Executive 1200 SW Harrison St Mr. Jordan Yochim (785) 234-5696 [email protected] Director Topeka, KS 66612-1806
111 KANSAS BAR ASSOCIATION 2016-17 KBA Strategic Planning CommiHee
Member Title Address Telephone E-Mail
11 0 S Cherry St Mr. Mark A. Dupree Member SteA (91 3) 815-4077 [email protected] Olathe, KS 66061-3441 61 3 Washington Street Mr. Justin Lee Ferrell Member PO Box 549 (785) 224-4529 [email protected] Concordia, KS 66901 10 E Cambridge Circle Dr Mr. Gregory P. Goheen Chair Ste 300 (913) 371-3838 [email protected] Kansas City, KS 661 03-1342 2828 Tatarrax Dr Mr. Bruce W. Kent Member (785) 556-2019 [email protected] Manhattan, KS 66502-1971
113 S 8th St Ms. Joslyn Kusiak Member (620) 331-2071 [email protected] Independence, KS 67301 3503 PO Box 296 Ms. Margaret P. Mahoney Member (785) 475-2296 [email protected] Oberlin, KS 67749-0296 2936 Brewster Court Hon. Christel E. Marquardt Member (785) 228-0520 [email protected] Topeka, KS 66611 PO Box 767 Mr. Jeffery A. Mason Member 214 E. lOth (785) 890-6588 [email protected] Goodland, KS 67735-0767
7007 College Blvd Ms. Mira Mdivani Member Ste 460 (913) 317-6200 [email protected] Overland Park, KS 66211-2441
1 200 SW Harrison St Ms. Deana Rae Mead Member (785) 861-8839 [email protected] Topeka, KS 66612-1806 PO Box 380 Mr. Jacob E. Peterson Member (785) 823-6325 [email protected] Salina, KS 67402-0380 2959 N Rock Rd Ms. Rachael K. Pirner Member Ste 300 (316) 630-8100 [email protected] Wichita, KS 67226-51 00 900 W 48th PI Mr. William E. Quick Member Ste 900 (816) 360-4335 [email protected] Kansas City, MO 64112-1895 408 N Walnut St Mr. Eric Rosenblad Member (620) 232-1330 [email protected] Pittsburg, KS 66762-3822 333 W 9th St, Suite B Ms. Sarah E. Warner Member (785) 841 -4554 [email protected] lawrence, KS 66044-2803 Staff 1 200 SW Harrison St Mr. Jordan Yochim (785) 234-5696 [email protected] Liaison Topeka, KS 66612-1806
112 KANSAS BAR ASSOCIATION 2016-17 Law Practice Management CommiHee
Member Title Address Telephone E-Mail
7300 W 11 Oth St, 7th Floor Ms. Susan A. Berson Member (913) 397-2702 [email protected] Overland Park, KS 6621 0 118 W Pine St Ms. Lara K. Blake Bors Member (620) 276-2800 [email protected] Garden City, KS 67846-5444 1610 Jewell Ave Prof. John E. Christensen Member (785) 357-1437 [email protected] Topeka, KS 66604-2737
1240 SW Oakley Ave Mr. John R. Dietrick Member (785) 233-7860 [email protected] Topeka, KS 66604-1637
Staff 1200 SW Harrison St Ms. Danielle M. Hall (785) 861-8827 [email protected] liaison Topeka, KS 66612-1806
245 N Waco St Ms. Nancy Ogle Member Ste 260 (316) 263-4958 [email protected] Wichita, KS 67202-1157
Board 111 E 11th St Hon. Sally D. Pokorny (785) 832-5248 [email protected] liaison lawrence, KS 66044-2966
142 N Cherry Street Mr. Tai J. Vokins Member (913) 254-7600 [email protected] Olathe, KS 66061
909 SE Quincy· St Ms. Angel R. Zimraterman Choir {185) 357-0()21 mget.21fJw~ · Topeka1t
11908 Meadow ln Mr. Lawrence J. Zimmerman Member (913) 302-3027 [email protected] leawood, KS 66209-1155
113 KANSAS BAR ASSOCIATION 2016-17 Law Related Education CommiHee
Member Title Address Telephone E-Mail
301 SW 1Oth Ave Hon. Kathryn A. Gardner Member {785) 296-8571 [email protected] Topeka, KS 66612-1507 900 SW Jackson Ave. Mr. Don Gifford Member Ste. 653 {785) 296-3892 [email protected] Topeka, KS 66612 3625 SW 29th St Ms. Ruth E. Graham Member Ste 101 {785) 228-2075 [email protected] Topeka, KS 66614-2061
1724 SW Collins Ave Ms. Linda R. Hayse Member {785) 267-01 02 [email protected] Topeka, KS 66604-3219
3770 SW Stonybrook Dr Mr. Ron Keefover Member {785) 217-3878 [email protected] Topeka, KS 6661 0-1 300
2828 Tatarrax Dr Mr. Bruce W. Kent Member {785) 556-2019 [email protected] Manhattan, KS 66502-1971
301 SW lOth Ave Hon. Marla J. Luckert Member {785) 296-4900 [email protected] Topeka, KS 66612-1500
P.O. Box 1346, 200 W. 4th St. Ms. Crystal D. MarieHa Member {620) 235-1806 [email protected] Pittsburg, KS 66762-4702
2936 Brewster Court Hon. Christel E. Marquardt Member {785) 228-0520 [email protected] Topeka, KS 66611
301 SW 10th Ave Rm 263 Hon. G. Joseph Pierron Jr. Chair {785) 296-5408 [email protected] Topeka, KS 66612-1500
104 Wickersham Dr Mr. Rick Reed Member {620) 245-9199 McPherson, KS 67460-1629
1000 SW Jackson St Ms. Sarah L. Shipman Member Ste 500 {785) 296-8424 [email protected] Topeka, KS 6661 2-1 368 120 SW lOth Ave Ms. Cheryl Whelan Board Liaison 2nd Floor {785) 368-8402 [email protected] Topeka, KS 6661 2-1597 1420 SW Arrowhead Rd Ms. Donna L. Whiteman Member {785) 273-3600 [email protected] Topeka, KS 66604-4001 1 200 SW Harrison St Ms. Anne Woods Staff liaison {785) 861-8838 [email protected] Topeka, KS 6661 2-1 806
114 KANSAS BAR ASSOCIATION 2016-17 LRS Review CommiHee
Member Title Address Telephone E-Mail
1 200 SW Harrison St Ms. Patricia Byers Staff (785) 861-881 2 [email protected] Topeka, KS 66612-1806 20 W 2nd Ave 2nd Fl Mr. Gerald L. Green Member Hutchinson, KS 67501- (620) 662-0537 [email protected] 5246 2936 Brewster Court Hon. Christel E. Marquardt Member (785) 228-0520 [email protected] Topeka, KS 66611 PO Box 767 214 E. lOth Mr. Jeffery A. Mason Member (785) 890-6588 [email protected] Goodland, KS 67735- 0767 2959 N Rock Rd Ms. Rachael K. Pirner Co-Chair Ste 300 (316) 630-8100 [email protected] Wichita, KS 67226-5100
111 E 11th St Hon. Sally D. Pokorny Member lawrence, KS 66044- (785) 832-5248 spokorny@douglas-county .com 2966
81 0 W Frontview St Mr. David J. Rebein Member Dodge City, KS 67801- (620) 227-8126 [email protected] 2231
408 N Walnut St Mr. Eric Rosenblad Member (620) 232-1330 [email protected] Pittsburg, KS 66762-3822
7400 W llOth St Ste 750 Mr. Lee M. Smithyman Co-Chair (913) 661-9800 [email protected] Overland Pork, KS 66210-2362 20 Compound Dr Mr. John B. Swearer Member Hutchinson, KS 67502- (620) 662-3331 [email protected] 4300
1 200 SW Harrison St Mr. Dennis R. Taylor Staff liaison (785) 861-881 2 [email protected] Topeka, KS 66612-1806
1200 SW Harrison St Mr. Jordan Yochim Member (785) 234-5696 [email protected] Topeka, KS 66612-1806
115 KANSAS BAR ASSOCIATION 2016-17 Legislative CommiHee
Member Title Address Telephone E-Mail
2101 SW 21st St Mr. W. Robert Alderson Jr. Member (785) 232-0753 [email protected] Topeka, KS 66604-3174 1 26 S Ozark St Ms. Sara S. Beezley Member (620) 724-4111 [email protected] Girard, KS 66743-1530 10851 Mastin St Ms. Amy M. Brozenic Member Ste 1000 (913) 451-5103 [email protected] Overland Park, KS 6621 0-1687
PO Box 3486 Mr. Robert M. Collins Member (316) 945-0787 [email protected] Wichita, KS 67201-3486
PO Box 1342 Ms. Jennifer J. Crow Member (785) 506-3036 [email protected] Topeka, KS 66601-1342
919 S Kansas Ave Mr. Whitney B. Damron Member (785) 354-1354 [email protected] Topeka, KS 66612-1210
1414 SW Ashworth PI Mr. Randall J. Forbes Member Ste 201 (785) 354-11 00 [email protected] Topeka, KS 66604-3742
100 N Kansas Ave Hon. Thomas E. Foster Member (913) 715-3860 [email protected] Olathe, KS 66061-3278
700 S Kansas Ave Ms. Natalie G. Haag Member (785) 270-6165 [email protected] Topeka, KS 66603-3818
2231 SW Wanamaker Rd Mr. Bernard J. Hickert Member Ste 101 (785) 273-5250 [email protected] Topeka, KS 66614-4275
120 W Kansas Ave Mr. Jeffrey A. Houston Member Ste B (620) 241-0554 [email protected] McPherson, KS 67460-47 56
301 N Main St Mr. Scoff Jensen Member Ste 600 (316) 263-8294 [email protected] Wichita, KS 67202-4806 525 N Main St FllO Hon. Phillip B. Journey Member (316) 660-5601 pjourney@dc 1 8.org Wichita, KS 67203-3773 620 Humboldt St Mr. Joseph A. Knopp Member (785) 776-9288 [email protected] Manhattan, KS 66502-6035 PO Box 397 Hon. Philip T. Kyle Member (620) 357-6510 [email protected] Jetmore, KS 67854-0397
Staff 1200 SW Harrison St Mr. Joseph N. Molina Ill (785) 861-8836 [email protected] Liaison Topeka, KS 66612-1806
116 KANSAS BAR ASSOCIATION 2016-17 Media-Bar CommiHee
Member Title Address Telephone E-Mail
5423 SW 7th St Mr. Doug Anstaett Member (785) 271-5304 [email protected] Topeka, KS 66606-2330 1 N Main St Mr. Bruce Buchanan Member (620) 694-583 [email protected] Hutchinson, KS 67501 214 SW 6th Ave Mr. Kent Cornish Member Ste 300 (785) 235-1 307 [email protected] Topeka, KS 66603-3775
1535 W 15th St Prof. Pamela B. Fine Member 50 Strong Hall (785) 684-7646 [email protected] Lawrence, KS 66045-7608
6450 Sprint Pkwy Mr. Christopher C Grenz Member (913) 787-0742 [email protected] Overland Park, KS 66251
825 E. Douglas Ms. Jean Hays Member (316) 268-6557 [email protected] Wichita, KS 67202
3030 Summit St Mr. John M. Holt Member (816) 932-9264 [email protected] Kansas City, MO 641 08-3312
1535 W 15th St Prof. Mike Kautsch Chair 50 Strong Hall (785) 864-5377 [email protected] Lawrence, KS 66045-7608
3770 SW Stonybrook Dr Mr. Ron Keefover Member () [email protected] Topeka, KS 66610-1300
1535 W 15th St Mr. Kevin K. Kelly Member 50 Strong Hall (785) 832-7408 [email protected] Lawrence, KS 66045-7608
2780 SW Jewell Ave Mr. Michael W. Merriam Member {785) 233-3700 [email protected] Topeka, KS 66611-1614
2323 Grand Blvd Ms. Julie Parisi Member Suite 1000 (816) 421-4460 [email protected] Kansas City, MO 64108-2669
Hon. G. Joseph Pierron 301 SW 1Oth Ave Rm 263 Member {785) 296-5408 [email protected] Jr. Topeka, KS 66612-1500
6811 Shawnee Mission Pkwy Ste 306 Mr. Richard D. Ralls Member (913) 236-7260 [email protected] Overland Park, KS 66202- 4088 301 SW 1Oth Ave Ms. Terri Savely Member (785) 291-3925 [email protected] Topeka, KS 66612-1507
117 KANSAS BAR ASSOCIATION 2016-17 Media-Bar CommiHee
Member Title Address Telephone E-Mail
2323 Grand Blvd Ms. Heather F. Shore Member Ste 1100 (816) 292-7000 [email protected] Kansas City, MO 64108 301 SW 1Oth Ave Ms. Lisa Taylor Member Room 337 (785) 296-1507 [email protected] Topeka, KS 66612-1507 301 N Main St Ste 1900 Mr. William P. Tretbar Member PO Box 997 (316) 267-7361 [email protected] Wichita, KS 67201-0997
200 SE 7th St Hon. Teresa L. Watson Member Ste 410 (785) 251-4130 [email protected] Topeko, KS 66603-3922
120 SW 1Oth Ave Boord Ms. Cheryl Whelan 2nd Floor (785) 368-8402 [email protected] Liaison Topeka, KS 66612-1597
1 200 SW Harrison St Ms. Meg Wickham Stoff Liaison (785) 234-5696 [email protected] Topeka, KS 66612-1806
118 KANSAS BAR ASSOCIATION 2016-17 Membership CommiHee
Member Title Address Telephone E-Mail
1 257 SW Lakeside Dr Hon. Terry L. Bullock Member [email protected] Topeka, KS 66604-1624 2942A SW Wanamaker Dr Mr. Vincent M. Cox Co-Chair (785) 440-4000 [email protected] Ste 100 Topeka, KS 66614-4479 302 Shawnee St PO Box 707 Mr. Michael Crow Member (913) 682-0166 [email protected] Leavenworth, KS 66048- 2063 7400 W 110th St Ste 600 Ms. Lori D. Dougherty Member (913) 342-2500 [email protected] Overland Park, KS 66210-2360 534 S Kansas Ave Ms. Shaye L. Downing Member Ste 1000 (785) 357-6311 [email protected] Topeka, KS 66603-3456
200 SE 7th St Hon. Steven R. Ebberts Member Rm 410 (785) 251 -4405 [email protected] Topeka, KS 66603-3922 1011 Main St PO Box 743 Mr. Jerry D. Fairbanks Member (785) 890-6622 [email protected] Goodland, KS 67735- 2942
135 N Main St Ms. Elaine R. Fleetwood Member (316) 269-1414 [email protected] Wichita, KS 67202-1400
100 N Kansas Ave Hon. Thomas E. Foster Member (913) 715-3860 [email protected] Olathe, KS 66061-3278
534 S Kansas Ave Mr. Charles R. Hay Member Ste 1400 (785) 233-3600 [email protected] Topeka, KS 66603-3436
6600 SW 1Oth Ave Mr Wm ScoH Hesse Member Lowr Lvl (785) 267-0660 [email protected] Topeka, KS 66615-3858
PO Box 67273 Mr. Robert R. Hiller Jr. Member (785) 478-3600 [email protected] Topeka, KS 66667-0273
119 W Iron Ave lOth Fl Ms. Debra A. James Member (785) 827-7251 [email protected] Salina, KS 67402-1 247 3301 SW Van Buren St Mr. Robert E. Keeshan Member (785) 267-0040 [email protected] Topeka, KS 66611-2482 301 SW 10th Ste 264 Ms. Chelsey G. Langland Co-Chair (785) 291-3005 [email protected] Topeka, KS 66612-1500
119 KANSAS BAR ASSOCIATION 2016-17 Membership CommiHee
Member Title Address Telephone E-Mail
719 Massachusetts Ms. Lara L. Mcinerney Member Ste 114 (785) 856-2449 [email protected] Lawrence, KS 66044
419 N Kansas Ave Ms. Shirla R. McQueen Member (620) 624-2548 [email protected] liberal, KS 67901-3329
2959 N Rock Rd Ms. Rachael K. Pirner Member Ste 300 (316) 630-8100 [email protected] Wichita, KS 67226-51 00
1315 SW Arrowhead Rd Mr. Angel Romero Jr. Member (785) 228-51 28 [email protected] Topeka, KS 66604
361 5 SW 29th St Mr. Walter F. Schoemaker Member Ste 201 (785) 409-1642 [email protected] Topeka, KS 66614-2055 8500 148th Ave NE Q-1052 [email protected] Ms. Melissa Doeblin Skelton Member (785) 7 66-3002 Redmond, WA 98052- m 6556
107 SW 6th Ave Mr. Mark W. Stafford Member (785) 232-6200 [email protected] Topeka, KS 66603
333 W 9th St, Suite B Ms. Sarah E. Warner Board liaison Lawrence, KS 66044- (785) 841-4554 sarah. warner@trqlaw .com 2803
1 200 SW Harrison St Ms. Meg Wickham Staff liaison (785) 234-5696 [email protected] Topeka, KS 6661 2-1806
120 KANSAS BAR ASSOCIATION 2016-17 Paralegals Commiflee
Member Title Address Telephone E-Mail
200SE7th St (66603-3933) Ms. Megan Barrett Choir Ste 203 [email protected] 785 Topeka, Kansas KS 301 N Main Ste 1900PO (67202-4800) Ms. Cheryl L. Clark Member Box 997 [email protected] 316 Wichita, Kansas KS 1625 N Waterfront Pkwy (67206-6620) Mr. J. Michael Kennalley Member Ste 300 [email protected] 316 Wichita, Kansas KS
14795 S Glen Eyrie St (66061-8505) Ms. Jody M. Kuntz Member [email protected] Olathe, Kansas KS 913
1 200 SW Harrison St (66612-1806) Ms. Deana Rae Mead Stoff Liaison [email protected] Topeko, Kansas KS 785
301 SW 1Oth Ave (66612-1507) Ms. Terri Savely Boord liaison [email protected] Topeka, Kansas KS 785
8919 Parallel Pkwy (66112-1655) Mr. Steve A. Schwarm Member Ste 402 [email protected] 913 Kansas City, Kansas KS
1 551 N W oterfront Pkwy (67206-6605) Ms. Linda Siders Member Ste 100 [email protected] 316 Wichita, Kansas KS
1 200 SW Harrison St (66612-1806) Mr. Ted Tannehill Staff [email protected] Topeka, Kansas KS 785
1 5907 W 144th St (66062-4803) Ms. Sharon C. Wood Member dl. [email protected] Olathe, Kansas KS 888
121 KANSAS BAR FOUNDATION 2016-17 KBF Scholarship CommiHee
Member Title Address Telephone E-Mail
111 E 11th St Mr. Charles E. Branson Member Unit 100 (785) 841-021 1 [email protected] lawrence, KS 66044-2912 PO Box 747 Mr. Jeffrey GeHier Member (620) 331-1800 [email protected] Independence, KS 67301-0747
4840 Bob Billings Pkwy Ste 1010 Ms. Katherine L. Kirk Chair (785) 7 49-1323 [email protected] lawrence, KS 66049-4092
1 200 SW Harrison St. Ms. Allison Marker Staff liaison (785) 234-5696 [email protected] Topeka, KS 66612-1806
6201 College Blvd Ms. Amy E. Morgan Member Ste 500 (913) 451-8788 [email protected] Overland Park, KS 66211-2435
1845 Fairmount Mr. David H. Moses Member Suite 201 (316) 978-6791 [email protected] Wichita, KS 67260-0205
301 N Main St Mr. Edward J. Nazar Member Ste 2000 (316) 267-2000 [email protected] Wichita, KS 67202-4820
300 SW 8th Ave Ms. Amanda L. Stanley Member Ste 100 (785} 354-9565 [email protected] Topeka, KS 66603-3941
200 SE 7th St Hon. Evelyn Z. Wilson Member Rm 401 (785} 251-4369 [email protected] Topeka, KS 66603-3933
Executive 1 200 SW Harrison St Mr. Jordan Yochim (785} 234-5696 [email protected] Director Topeka, KS 66612-1806
122 KANSAS BAR ASSOCIATION 2016-17 Title Standards CommiHee
Member Title Address Telephone E-Mail
2655 SW Wanamaker Rd Mr. Jeffrey J. Amrein Member Ste C (785) 272-2900 jamrein@security 1stks.com Topeka, KS 66614-4477 7200 College Blvd Mr. Randall S. Barbour Member (913) 981-0609 [email protected] Overland Park, KS 6621 0-1861 1310 Kansas Ave Mr. Gregory L. Bauer Member (620) 793-7239 [email protected] Great Bend, KS 67530-4407
306 SOak St Mr. John V. Black Member (620) 6725671 [email protected] Pratt, KS 67124-2723
306 SOak St Mr. Thomas V. Black Member (620) 672-5671 [email protected] Pratt, KS 67124-2723
11 600 College Blvd Mr. Dave Blomquist Member Ste 200 (913) 444-7982 [email protected] Overland Park, KS 66210-2786
PO Box 1110 Mr. Taylor Page Calcara Member (620) 792-8231 [email protected] Great Bend, KS 67530-1110
PO Box 3486 Mr. Robert M. Collins Member (316) 945-0787 [email protected] Wichita, KS 67201 -3486
PO Box 407 Mr. ScoH R. Condray Member (785) 243-1357 [email protected] Concordia, KS 66901-0407
7200 College Blvd Ms. Crystanna V. Cox Member (913) 9810608 [email protected] Overland Park, KS 6621 0-1861
110NMainSt Mr. E. Jay Deines Member (785) 743-5766 [email protected] Wakeeney, KS 67672-2101
10851 Mastin St Ms. Kellee P. Dunn- Member Ste 1000 (913) 451-5141 [email protected] Walters Overland Park, KS 6621 0-1687 200 E 1st Street Ms. Diana Gay Member Ste 301 (316) 267-6400 [email protected] Edmiston Wichita, KS 67202 Ms. Mojirayo S. 170 W Dewey St Member (316) 263-3167 [email protected] Fanimokun Wichita, KS 67202-5500 1321 Main St Mr. Richard L. Member Ste 300 (620) 792-8231 [email protected] Friedeman Great Bend, KS 67530-4400 1 307 N Murray St Mr Charles E Hoke II Member (316) 721-1751 [email protected] Wichita, KS 67212-4252
123 KANSAS BAR ASSOCIATION 2016-17 Title Standards CommiHee
Member Title Address Telephone E-Mail
727 N Waco Ave Ms. Jennifer N. Member Ste 400 (316) 263-3201 [email protected] Horchem Wichita, KS 67203-3900
100 N Main St Mr. John W. Jordan Member Ste 602 (316) 2632453 [email protected] Wichita, KS 67202-1 309
111 N 4th St Ms. Callie A. Marks Member (785) 565-4800 [email protected] Manhattan, KS 66502-6013
30 N LaSalle St Ste 2700 Ms. Kimberly D. May Member (312) 658-3397 [email protected] Chicago, ll 60602-3359
2959 N Rock Rd Mr. Timothy E. McKee Member Ste 300 (316) 630-81 00 [email protected] Wichita, KS 67226-51 00
Staff 1200 SW Harrison St Mr. Joseph N. Molina Ill (785) 861-8836 [email protected] liaison Topeka, KS 66612-1806
205 N 1Oth St, Suite 4 Mr. Michael W. Murphy Member P.O. Box 468 (785) 562-5026 [email protected] Marysville, KS 66508-0468
727 N Waco Ave Ms. Tricia M. Oldridge Member Ste 300 (316) 293-1627 toldridge@security 1stks.com Wichita, KS 67203-3954 200 W Douglas Ave Mr. John G. Pike Member Ste 1010 (316) 267-1562 [email protected] Wichita, KS 67202-301 0 2564 R Rd Mr. Charles R. Rayl Member (620) 273-6333 [email protected] Strong City, KS 66869-9837 301 N Main St Mr. Calvin Rider Member Ste 1900 (316) 267-7361 [email protected] Wichita, KS 67202-4819 901 NE River Rd Ste 200 Mr. David W. ScoH Member (785) 232-9349 [email protected] Topeka, KS 66616-1142 PO Box 487 Ms. Sarah B. ShaHuck Member (620) 635-2331 [email protected] Ashland, KS 67831-0487
111 N 4th St Mr. Todd A. Sheppard Chair (785) 537-2900 [email protected] Manhattan, KS 66502-6013
100 Military Ave Mr. David H. Snapp Member Ste 211 (620) 225-5051 [email protected] Dodge City, KS 67801-4945
124 KANSAS BAR ASSOCIATION 2016-17 Title Standards CommiHee
Member Title Address Telephone E-Mail
301 West 13th Street Mr. Dillon L. Stum Member (785) 628-2208 [email protected] Hays, KS 67601
7211 W 98th Ter Mr. Nathan M. SuHon Member Ste 140 (913) 385-0444 [email protected] Overland Park, KS 66212-2257
1551 N Waterfront Pkwy Ms. Patricia Voth Member Ste 100 (316) 291-9767 [email protected] Blankenship Wichita, KS 67206-6605 105 N Hudson Ave Ste 915 Mr. William J. Wiggins Member (405) 235-9090 [email protected] Oklahoma City, OK 731 02- 4811 229 E William St Mr. William H. Member Ste 100 (316) 262-5500 [email protected] Zimmerman Jr. Wichita, KS 67202-4019
125 KANSAS BAR ASSOCIATION 2016-17 KBA Section Presidents
Sections President Address Telephone E-Mail Staff Liaison
Administrative Terri J. 3321 SW 6th Ave (785) 232-2123 [email protected] Dawn Phoenix Law Pemberton Topeka, KS 66606-1905 1 551 N Waterfront Pkwy Leslie Agricultural Law David M. Traster Ste 100 (316) 267-6371 [email protected] Daugharthy Wichita, KS 67206-6605 Alternative 14814 W71stTer Dispute Henry R. Cox Shawnee, KS 66216- (913) 204-1321 [email protected] Dawn Phoenix Resolution 4007 333 W 9th St Appellate Suite B Sarah Warner (785) 841-4554 [email protected] Dawn Phoenix Practice Lawrence, KS 66044- 2803 129 W 2nd Ave Bankruptcy and Ste 200 Dan W. Forker (620) 663-7131 [email protected] Dawn Phoenix Insolvency Law Hutchinson, KS 6750 1- 5270 4520 Main St Construction Ste 1100 Leslie Rudolf H. Beese (816) 460-2450 rudy [email protected] Law Kansas City, MO 64111- Daugharthy 7700 7007 College Blvd Corporate Ste 460 Leslie Mira Mdivani (913) 317-6200 [email protected] Counsel Overland Park, KS Daugharthy 66211-2441 Corporation, Michael J. 105 N. Main Leslie Banking (316) 383-1014 [email protected] Mayans Wichita, KS 67202-141 2 Daugharthy & Business Law 117 SW 6th Ave Criminal Law Branden A. Bell Ste 200 (785) 218-2215 [email protected] Dawn Phoenix Topeka, KS 66603 Emily A. 917 SW Topeka Blvd Leslie Elder Law (785) 408-8000 [email protected] Donaldson Topeka, KS 66612-1609 Daugharthy 100 SE 9th St Employment David P. Mudrick Fl2 (785) 232-2200 [email protected] Dawn Phoenix Law Topeka, KS 66612-1213 9225 Indian Creek Pkwy Ste 1150 Family Law Steve Henry (91 3) 381-5020 [email protected] Dawn Phoenix Overland Park, KS 66210-2011
Government 2959 N Rock Rd, Ste 300 Andrew N. Kovar (316) 630-8100 [email protected] Dawn Phoenix Lawyers Wichita, KS 67226-51 00
126 KANSAS BAR ASSOCIATION 2016-17 KBA Section Presidents
Sections President Address Telephone E-Mail Staff Liaison
6900 College Blvd Ste 840 leslie Health Law Richelle Marting (913) 341-8600 [email protected] Overland Park, KS Doughorthy 66211-1843 900 W 48th PI Suite 900 Immigration Jeffrey Bell (816) 360-4264 [email protected] Down Phoenix Kansas City, MO 64112- 1899 11 2 South 7th Street Post Office Box 1 83 Indian Law Chris Halbert (785) 288-6070 [email protected] Down Phoenix Hiawatha, KS 66434- 0183 2555 Brand Blvd Intellectual Keith J. Bae Kansas City, MO 641 08- (816) 474-6550 [email protected] Down Phoenix Property 2613 8900 Word Pkwy Litigation Brad Nielsen (816) 421-7100 [email protected] Down Phoenix Kansas City, MO 64114 30 1 North Main Street Oil, Gas & Cosey l. Jones Suite 2000 (316) 267-2000 [email protected] Dawn Phoenix Mineral Law Wichita, KS 67202-4820 Real Estate, 301 N Main St leslie Probate Scott D. Jensen Ste 600 (316) 263-8294 [email protected] Doughorthy & Trust Law Wichita, KS 67202-4806 Solo and Small Calvin K. 280 N Court Ave leslie (785) 460-9777 [email protected] Firm Williams Colby, KS 67701-0304 Daugharthy 236 S Terrace Dr leslie Tax Law R. Eric Ireland (316) 640-2550 [email protected] Wichita, KS 67218-1432 Daugharthy 300 SW 8th Ave (785) 272-2585 leslie Young Lawyers Nathan Eberline Third Floor [email protected] x303 Daugharthy Topeka, KS 66603-3940 2555 Brand Blvd Intellectual Keith J. Bae Kansas City, MO 64108- (816) 474-6550 [email protected] Down Phoenix Property 2613 8900 Ward Pkwy Litigation Brad Nielsen (816) 421-7100 [email protected] Dawn Phoenix Kansas City, MO 64114 301 North Main Street Oil, Gas & Casey l. Jones Suite 2000 (316) 267-2000 [email protected] Dawn Phoenix Mineral Law Wichita, KS 67202-4820 Real Estate, 301 N Main St leslie Probate Scott D. Jensen Ste 600 (316) 263-8294 [email protected] Daugharthy & Trust Law Wichita, KS 67202-4806 Solo and Small Calvin K. 280 N Court Ave leslie (785) 460-9777 [email protected] Firm Williams Colby, KS 67701-0304 Dougharthy 236 S Terrace Dr leslie Tax Law R. Eric Ireland (316) 640-2550 [email protected] Wichita, KS 67218-1432 Daugharthy
127 KANSAS BAR ASSOCIATION 2016-17 Administrative Law Section
Member Title Address Telephone E-Mail
(785) 232-2123 [email protected] 3321 SW 6th Ave Terri Pemberton President Topeka, KS 66606
President-elect and Zachary Anshutz 401 Trail Dr (785) 806-66 16 [email protected] Secretary- Treasurer Overbrook, KS 66524- 9611
Amber R. Smith CLE Liaison 1500 SW Arrowhead Rd (785) 271-3301 [email protected] Topeka, KS 66604-4027
Diane L. Bellquist Legislative Liaison (785) 234-3272 [email protected] 1508 SW Topeka Blvd and Editor Topeka, KS 66612-1262
Martha J. Coffman Past President (785) 296-3530 [email protected] 301 SW 1Oth St Rm 337 Topeka, KS 66612-1500
3615 SW 29th St (785) 228-6680 [email protected] Randy R. Debenham Member-at-Large Topeka, KS 66614
8500 148th Ave NE Melissa Doeblin Q-1052 (785) 766-3002 [email protected] Member-at-Large Skelton Redmond, WA 98052- 6556
(785) 232-6200 [email protected] Mark W. Stafford 107 SW 6th Ave Member-at-Large Topeka, KS 66603
800 SW Jackson Ll (785) 296-8066 [email protected] Kelli J. Stevens Member-at-Large SteA Topeka, KS 66612-1216
(785) 220-7676 [email protected] John R. Wine Jr. 41 0 NE 43rd St Member-at-Large Topeka, KS 66617-1509
(785) 861-8811 [email protected] 1 200 SW Harrison St Dawn Phoenix KBA Staff Liaison Topeka, KS 66612
128 KANSAS BAR ASSOCIATION 2016-17 Alternative Dispute Resolution Section
Member Title Address Telephone E-Mail
Henry R. Cox President 14814 W 71" Ter (913) 204-1321 [email protected] Shawnee, KS 66216-4007 Ann Zimmerman Secretary-Treasurer 31 6 N. Santa Fe (785)-309-0390 [email protected] PO Box 2573 Salina, KS 67402-2573 Aline Cole Barrett ClE liaison 7 601 SW Robinhood Ct (785) 273-7889 [email protected] Topeka, KS 66614-4669 larry Rute legislative Liaison 212 SW 8lh Ave (785) 357-1800 [email protected] Ste 102 Topeka, KS 66603-3937
Trip Shawver Editor 634 N Broadway St (316) 262-6466 [email protected] Wichita, KS 67214-3506
Kathy Perkins Past President 700 Massachusetts St (785) 856-0200 [email protected] Ste 303 lawrence, KS 66044-6604 Audra J. Asher Member at large 119 N 9lh St (316) 680-4654 [email protected] Sterling, KS 67579-2013
Emily A. Hartz Member at large 900 Massachusetts St #400 (785) 842-6311 [email protected] PO Box 766 lawrence, KS 66044-2868 lori S. Klarfeld Member at large PO Box 8042 (913) 302-1021 [email protected] Prairie Village, KS 66208- 0042 Brian J. Niceswanger Member at large 1100 Main St (816) 472-4600 [email protected] Ste 2000 Kansas City, MO 641 05-5179 Hon. G. Joseph Member at large 301 SW 1 0lh Ave (785) 296-5408 [email protected] Pierron Jr. Rm 263 Topeka, KS 66612-1500 Tony A. Potter Member at large 323 N Pomeroy Ave (785) 421-2129 [email protected] Hill City, KS 67642-1719
E. Dudley Smith Member at large 9393 W 110lh St (913) 339-6757 [email protected] Overland Park, KS 6621 0- 1464 Randy J. Troutt Member at large 100 N Broadway St (316) 265-7741 [email protected] Ste 950 Wichita, KS 67202-2216 Dawn Phoenix KBA Staff liaison 1200 SW Harrison (785) 861 -8811 [email protected] Topeka, KS 6661 2
129 KANSAS BAR ASSOCIATION 2016-17 Agricultural Law Section
Member Title Address Telephone E-Mail
David M. Traster President 1 551 N Waterfront Pkwy (316) 267-6371 [email protected] Ste 100 Wichita, KS
Chelsea Good Vice President 1 051 0 N Ambassador Dr (785) 296-3556 [email protected] Kansas City, MO 64153-1278
Dillon Sturn Secretary-Treasurer 301 West 13111 Street (785) 7 43-5766 [email protected] Hays, KS 67601
Wes Smith ClE liaison 900 Massachusetts St (785) 856-6540 [email protected] Ste 500 lawrence, KS 66044-2868 lynn Preheim legislative liaison 1625 N Waterfront Pkwy (316)265-8800 [email protected] Ste 300 Wichita, KS 67206-6620
Tucker Stewart Editor 6031 SW 37111 St (785) 273-5115 [email protected] Topeka, KS 66614-51 28
Aaron Meyer Past President 6031 SW 37111 St (785) 273-5115 [email protected] Popelka Topeka, KS 66614-5128
Donald F. Hoffman Committee Member 111 W 13111 St (785) 625-3537 [email protected] Hays, KS 67601-3613
Stuart S. lowry Committee Member PO Box 1020 (785) 623-3335 [email protected] Hays, KS 67601-1020
Erick E. Nordling Committee Member 209 East Sixth Street (620) 544-4333 [email protected] Hugoton, KS 67951-2613
Curtis A. Frasier Committee Member PO Box 369 (785) 738-5724 [email protected] Beloit, KS 67420-0369
Michael K. Ramsey Committee Member 607 N 7 111 St (620) 276-3203 [email protected] PO Box 439 Garden City, KS 67846-0439
Hon. Robert Committee Member PO Box 313 (620) 672-3292 [email protected] Schmisseur Pratt, KS 671 24-0313
Jerry Fairbanks Committee Member 1011 Main St (785) 890-6622 [email protected] PO Box 743 Goodland, KS 67735-2942
Grant Bannister Committee Member 3616 Eastridge Cir (785) 776-9288 [email protected] Manhattan, KS 66503-9100
130 KANSAS BAR ASSOCIATION 2016-17 Agricultural Law Section
Member Title Address Telephone E-Mail
Bernard Irvine Committee Member 323 Poyntz Ave (785) 776-9208 [email protected] Ste 204 Manhattan, KS 66502-6387 Tim Connell Committee Member 318 W Central Ave (316) 321-4300 [email protected] ElDorado, KS 67042-2102
Mike Irvin Committee Member 1824 E. Mallory St (785) 587-6621 [email protected] Mesa, AZ 85203
Attorney General Committee Member 120SW 10lhAve (785) 296-2215 [email protected] Derek Schmidt Fl2 Topeka, KS 66612-1237 Derenda Mitchell Committee Member 120 SW 1om Ave (785) 291-3797 [email protected] Fl2 Topeka, KS 66612-1237 leslie Daugharthy Committee Member 1 200 SW Harrison St Topeka, (785) 861-8837 [email protected] KS 66612
131 KANSAS BAR ASSOCIATION 2016-17 Appellate Practice Section
Member Title Address Telephone E-Mail
Sarah E. Warner President 333 W 9th St (785) 84 1-4554 sarah. [email protected] Suite B Lawrence, KS 66044-2803 Hon. Marla luckert Secretary-Treasurer 301 SW 1Qth Ave (785) 296-4900 [email protected] Topeka, KS 66612-1500 Chelsey Langland CLE Liaison 301 sw 10th (785) 291-3005 [email protected] Suite 264 Topeka, KS 66612-1500 Marcia Wood legislative liaison 100 N Broadway St (316) 265-9311 [email protected] Suite 500 Wichita, KS 67202-2205
Ronald W. Nelson Editor 1 1900 W 87th St Pkwy (913) 312-2500 [email protected] Suite 117 Lenexa, KS 66215-2807 Carl Folsom Ill Past President 117 SW 6th Ave (785) 232-9828 [email protected] Suite 200 Topeka, KS 66603-3840 John M. Duggan Member at large 1 1040 Oakmont St (913) 498-3536 [email protected] Overland Park, KS 6621 0- 1100 Jennifer M. Hill Member at Large 300 W Douglas Ave (316) 263-5851 [email protected] Suite 500 Wichita, KS 67202-2919 Patrick J. Hurley Member at Large 111 E. 11th St (785) 841-0211 [email protected] Lawrence, KS 66044-2909 Sen. Jeffrey R. King Member at Large PO Box 1211 (620) 330-9592 [email protected] Independence, KS 67301-1211
Lou Mulligan Member at large (734) 678-7059 [email protected]
Steve Obermeier Member at large PO Box 728 (913) 715-3057 [email protected] Olathe, KS 66051-0728
Terry l. Unruh Member at large 833 N Waco St (316) 267-1281 terry [email protected] Wichita, KS 67203-3989 lyndon W. Vix Member at large 301 N Main St (316) 267-7361 [email protected] Suite 1900 Wichita, KS 67202-4819 K.J. Wall Member at Large 6800 College Blvd. (913) 341-8600 [email protected] Suite 840 Overland Park, KS 66211 Kate A. Zigtema Member at large 8700 Monrovia (913) 647-7567 [email protected] Suite 310 lenexa, KS 66215 Dawn Phoenix Member at large 1200 SW Harrison (785) 861-881 1 [email protected] Topeka, KS 66612
132 KANSAS BAR ASSOCIATION 2016-17 Bankruptcy Section
Member Title Address Telephone E-Mail
Dan W. Forker President 129 W 2•d Ave (620) 663-7131 [email protected] Suite 200 Hutchinson, KS 67501-5270 Eric L. Johnson President-elect 1000 Walnut St (816) 474-8100 [email protected] Suite 1400 Kansas City, MO 64 106-21 68 Patricia E. Hamilton Secretary-Treasurer 917 SW Topeka Blvd (785) 408-8000 [email protected] Topeka, KS 66612-1609
Tom R. Barnes ClE liaison 2887 SW MacVicar Ave (785) 267-3410 [email protected] Topeka, KS 66611-1782 Mary E. Kuckelman legislative liaison PO Box 67689 (785) 235-5330 [email protected] Topeka, KS 66667-0689 Tim Girard Editor PO Box 67689 (785) 235-5330 [email protected] Topeka, KS 66667-0689 David P. Eron Past President 229 E William St (316) 262-5500 [email protected] Suite 100 Wichita, KS 67202-4019 Doug Depew Member at large PO Box 313 (620) 325-2626 [email protected] Neodesha, KS 66757-031 3 Thomas Gilman Member at large 301 N Main St (316) 267-2000 tgilman@hinklaw .com Suite 2000 Wichita, KS 67202-4820 John Hooge Member at large 2619 W 6th St (785) 842-1138 [email protected] SuiteD lawrence, KS 66049-4300 Wes Smith Member at large 900 Massachusetts St (785) 856-6540 [email protected] Suite 500 lawrence, KS 66044-2868 Rick Wallace Member at large 7225 Renner Rd (913) 962-8700 [email protected] Suite 200 Shawnee, KS 66217-3046 Darcy Williamson Member at large 510 SW 10th Ave (785) 233-9908 [email protected] Topeka, KS 6661 2-1606
Dawn Phoenix KBA Staff liaison 1200 SW Harrison St (785) 861-8811 [email protected] Topeka, KS 6661 2
133 KANSAS BAR ASSOCIATION 2016-17 Construction Law Section
Member Title Address Telephone E-Mail
Rudolf H. Beese President 4520 Main St (816) 460-2400 [email protected] Suite 1100 Kansas City, MO 64111-7700 Heath M. Anderson CLE liaison 900 W 48"' PI (816) 421-3355 [email protected] Suite 900 Kansas City, MO 641 1 2 John D. Sherwood Member at Large 9630 E Clubhouse Ct (316) 943-0211 [email protected] Wichita, KS 67226-3656
Christopher F. Burger Member at Large 900 Massachusetts St (785) 843-0811 [email protected] Suite 500 Lawrence, KS 66044-2868 Leslie Daugharthy KBA Staff Liaison 1 200 SW Harrison St (785) 861-8837 [email protected] Topeka, KS 66612
134 KANSAS BAR ASSOCJATION 2016-17 Corporate Counsel Section
Member Title Address Telephone E-Mail
Mira Mdivani President 7007 College Blvd (913) 317-6200 [email protected] Suite 460 Overland Park, KS 66211-2441 Kevin Johnson Secretary-Treasurer 1200 Commercial St 620-341-5525 [email protected] #4001 Emporia, KS 66801-5057 Michael Burbach ClE liaison 1 Security Benefit PI [email protected] Topeka, KS 66636-1 000
Karen Virgillito Editor 111 50 Overbrook Rd (913) 693-8269 [email protected] Suite 210 leawood, KS 66211-2235 Amanda J. Kiefer Past President 1 SW Security Benefit PI (785) 438-6284 [email protected] Suite 100 Topeka, KS 66606-2542 Patrick Doran Member at large 1 SW Security Benefit PI [email protected] Suite 100 Topeka, KS 66606-2542 Thomas Steele Member At large 11 09 N linden Cir (316) 494-6537 [email protected] Wichita, KS 67206-4078
leslie Daugharthy KBA Staff liaison 1200 SW Harrison (785) 861-8837 [email protected] Topeka, KS 6661 2
135 KANSAS BAR ASSOCIATION 2016-17 Corporation, Banking & Business Law
Member Title Address Telephone E-Mail
Michael J. Moyons President 105 N Main St (316) 383-1014 [email protected] Wichita, KS 67202-141 2 Eric Parkhurst President-elect 301 N Main St (316) 263-8294 [email protected] Suite 600 Wichita, KS 67202-4806 Koren Virgillito ClE liosion 11 150 Overbrook Rd (913) 648-6333 [email protected] Suite 210 X 230 leawood, KS 66211-2235 Aaron 0. Martin legislative liaison PO Box 380 (785) 823-6325 [email protected] Salina, KS 67402-0380 Christopher l. Editor 8621 E 21st St N (316) 631-3122 [email protected] Arellano Suite 200 Wichita, KS 67206-2991 Bill Quick Post President 900 W 48th PI (816) 360-4335 [email protected] Suite 900 Kansas City, MO 64112-1895 leslie "les" Jones Member at large One Word Pkwy (816) 360-8658 ljones@countryclubtrust .com Kansas City, MO 64 1 1 2
Brett Reber Member At large 120 W Kansas Ave (620) 241-0554 [email protected] Suite B McPherson, KS 67460-4756 Bill Matthews Member At large 1551 N W oterfront Pkwy (316) 267-6371 [email protected] Suite 100 Wichita, KS 67206-6605 Chris Sook Member At large 109 W lOth St (785) 357-631 1 [email protected] Hays, KS 67601-3602 Matthew D. Member At large 737 Massachusetts St (785) 843-6600 [email protected] Richards lawrence, KS 66044 leslie Garwood KBA Stoff liaison 1200 SW Harrison St (785) 234-5696 [email protected] Topeka, KS 66612
136 KANSAS BAR ASSOCIATION 2016-17 Criminal Law Section
Member Title Address Telephone E-Mail
Branden A. Bell President 117 SW 6th Ave (785)-218-2215 [email protected] Suite 200 Topeka, KS 66603 Tricia Bath President-elect 7944 Santa Fe Dr (913) 652-9800 [email protected] Overland Park, KS 66204-3643 Tyler Garretson Secretary- 105 East Park (913) 948-6682 Tyler@GarretsonT oth.com Treasurer Olathe, KS 66061
Dionne M. Scherff ClE liaison 10990 Quivira Rd (913) 948-9490 [email protected] Suite 200 Overland Park, KS 6621 0-1 284 Thomas G. lemon legislative liaison 2942A SW Wanamaker Dr (785) 440-4000 [email protected] Suite 100 Topeka, KS 66614-4479 Cecilia T. Mariani Editor 434 SW Topeka Blvd (785) 235-3415 [email protected] Topeka, KS 66603-3152 Jacquelyn E. Past President 11658 W 75th St (913) 948-9311 [email protected] Rokusek Shawnee, KS 66214-1372
James A. Member at large 501 Commercial Street (620) 340-8019 [email protected] Bordonaro Emporia, KS 66801 Melanie D. Member at large (785) 864-5302 [email protected] DeRousse Roger L. Folk Member at large 301 W Central Ave (316) 265-5115 [email protected] Wichita, KS 67202-1 077 Robin D. Fowler Member at large 7944 Santa Fe Dr (913) 652-9800 [email protected] Overland Park, KS 66204-3643 David N. Harger Member at large 120 W Kansas Ave (620) 241-0554 [email protected] Suite B McPherson, KS 67460-47 56 Christopher M. Member at large 1508 SW Topeka Blvd (785) 234-3272 [email protected] Joseph Topeka, KS 66612-1887 Jessica J. Sokoloff Member at large 11658 W 75th St (913) 948-9311 [email protected] Shawnee, KS 66214 Dawn Phoenix KBA Staff liaison 1 200 SW Harrison (785) 861-8811 [email protected] Topeka, KS 66214
137 KANSAS BAR ASSOCIATION 2016-17 Elder Law Section
Member Title Address Telephone E-Mail
Emily A. President 917 SW Topeka Blvd. (785) 843-8000 [email protected] Donaldson Topeka, KS 66612-1609 Stacey l. Janssen Secretary- 4420 Madison Ave (816) 866-7711 [email protected] Treasurer and Suite 200 Past President Kansas City, MO 64111 Molly Mead CLE Liaison and 900 Massachusetts St (785) 843-0811 [email protected] Wood Editor Suite 500 Lawrence, KS 66044-2868 Jerry Bell Member at Large 7300 College Blvd (913) 345-2323 [email protected] Suite 215 Overland Park, KS 6621 0-1879 Theresa "T eri" Member at Large 11444 158111 Rd (785) 966-2242 [email protected] Barr Mayetta, KS 66509-8866
Lynn Bayes- Member at Large (913) 451-1616 [email protected] Weiner Tim Larson Member at Large 7570 West 21" Street North (316) 729-0100 [email protected] Building 1026A Wichita, KS 67205-1764 Denise McNabb Member at Large 917 SW Topeka Blvd (785) 408-8000 [email protected] Topeka, KS 66612-1609 Leslie Garwood KBA Staff Liaison 1 200 SW Harrison St (785) 234-5696 [email protected] Topeka, KS 6661 2
138 KANSAS BAR ASSOCIATION 2016-17 Employment Law Section
Member Title Address Telephone E-Mail
David P. Mudrick President 100 SE 91h St (785) 232-2200 [email protected] Fl 2 Topeka, KS 66612-1213 Alan Rupe President Elect 1605 N Waterfront Pkwy (316) 609-7900 [email protected] Suite 150 Wichita, KS 67206-6635 Diane H. Sorensen Secretary- 300 N Mead St (316) 262-2671 [email protected] Treasurer Suite 200 Wichita, KS 67202-2745 Brent N. ClE liaison 1100 Walnut (816) 268-9419 [email protected] Coverdale Suite 1950 Kansas City, MO 641 06 Terry l. Unruh legislative liaison 833 N Waco St (316) 267-1281 [email protected] Wichita, KS 67203-3989 Ted J. Lickteig Editor 1 2760 W 871h Street Pkwy (913) 894-1090 [email protected] Suite 112 lenexa, KS 66215-2878 Catesby Ann Past President 1200 Main St (816) 374-3339 [email protected] Major Suite 3800 Kansas City, MO 64105-2139 A"ida M. Alaka Member at large 1700 SW College Ave (785) 670-1772 [email protected] Rm 219 Topeka, KS 66621-0001 Anne E. Baggott Member at large 900 W. 481h Place (816) 360-4390 [email protected] Suite 900 Kansas City, MO 641 1 2 Karen K. Cain Member at large 1201 Walnut St (816) 627-4419 [email protected] Suite 1450 Kansas City, MO 64106-2272 Audrey lee Member at ~arge 651 E Prescott Rd (785) 825-7251 [email protected] Salina, KS 67401-7408 Sarah J. loquist Member at large 1420 SW Arrowhead Rd (785) 273-3600 [email protected] Topeka, KS 66604-4001 Joe Mastrosimone Member at Large 1700 SW College Ave (785) 670-1 060 [email protected] Rm 219 Topeka, KS 66621-0001 Sara K. McCallum Member at large 1201 Walnut Street (816) 627-4434 [email protected] Suite 1450 Kansas City, MO 641 06 Tim R. Sipe Member at large 3231 SE 61il Ave (785) 295-2380 [email protected] Topeka, KS 66607-2260 Dawn Phoenix KBA Staff liaison 1 200 SW Harrison St (785) 234-5696 [email protected] Topeka, KS 6661 2
139 KANSAS BAR ASSOCIATION 2016-17 Family Law Section
Member Title Address Telephone E-Mail
Steve Henry President 9225 Indian Creek Pkwy (91 3) 381-5020 [email protected] Ste 1150 Overland Park, KS 66210-2011 Christi Bright President-elect 6240 W 1 351h St (913) 239-9966 [email protected] Ste 200 Overland Park, KS 66223-4849 John Paul D. Secretary- 3615 SW 291h Street (785) 409-1 300 [email protected] Washburn Treasurer Suite 201C Topeka, KS 66614 Gabriela A. Vega ClE Liaison 630 Humboldt St (785)-539-5300 [email protected] Suite 110 Manhattan, KS 66502-6095 Ronald W. Nelson legislative liaison 11900 W 871h St Pkwy (913) 312-2500 [email protected] Suite 117 lenexa, KS 66215-2807 Jody M. Meyer Editor 843 New Hampshire St (785) 856-1735 [email protected] lawrence, KS 66044-2739 Tish Morrical Past President 119 W Iron Ave (785) 827-7251 [email protected] 101h Fl Salina, KS 67402-1 247 Sarah Carmody Member at large 11 0 N Cherry St (913) 257-3110 [email protected] Suite 200 Olathe, KS 66061-3473 Gary D. Denning Member at large 119 W Iron (785)-825-4674 [email protected] 71h Fl Salina, KS 67401-2600 Scott M. Mann Member at large 6201 College Blvd (913) 534-8099 [email protected] Suite 625 Overland Park, KS 66211-2405 Angela M. Meyer Member-at large PO Box 1103 (620)-223-1818 [email protected] Pittsburg, KS 66762 Hon. Thomas Kelly Member at large 100 N Kansas Ave (913) 715-3910 [email protected] Ryan Fl3 Olathe, KS 66061-3278 Dawn Phoenix KBA Staff liaison 1200 SW Harrison (785) 861-8811 [email protected] Topeka, KS 66612
140 KANSAS BAR ASSOCJATION 2016-17 Government Law Section
Member Title Address Telephone E-Mail
Andrew Kovar President 2959 N Rock Rd (316) 630-81 00 [email protected] Suite 300 Wichita, KS 67226-51 00 Fronk Jenkins Member at large 105 S Kansas Ave (913) 782-0422 [email protected] Olathe, KS 66061-4434 Down Phoenix KBA Stoff liaison 1200 SW Harrison (785) 861-8811 [email protected] Topeka, KS 6661 2
141 KANSAS BAR ASSOCIATION 2016-17 Health Law Section
Member Title Address Telephone E-Mail
Richelle Marting President 6900 College Blvd (913) 341-8600 [email protected] Suite 840 Overland Park, KS 66211-1843 Sandy Smith President-elect 8623 N McDonald Ave. 816-374-3244 [email protected] Kansas City, MO 64153 Peter Johnston Secretary- 129 S 8th St (785) 823-6325 [email protected] Treasurer Salina, KS 67401-2807
Quentin Templeton Legislative Liaison 6900 College Blvd. (913) 341-8606 [email protected] Suite 840 Overland Park, KS 66211 Ryan Mize Member at Large 333 W 46th Ter (816) 572-4441 [email protected] Apt 423 Kansas City, MO 64112-1544 Joseph Hiersteiner Member at Large 2323 Grand Blvd [email protected] Suite 100 Kansas City, MO 64108-2670 Nathan Leadstrom Member at Large 515 S Kansas Ave (785) 233-0593 [email protected] Topeka, KS 66603-3405
Leslie Garwood KBA Staff Liaison 1 200 SW Harrison (785) 234-5696 [email protected] Topeka, KS 6661 2
142 KANSAS BAR ASSOCIATION 2016-17 Immigration Law Section
Member Title Address Telephone E-Mail
Jeffrey S. Bell President 900 W 48th PI (816) 360-4264 [email protected] Suite 900 Kansas City, MO 64112-1899 Jessica DeVader President-Elect 355 N Waco St (316) 440-7777 [email protected] Suite 150 Wichita, KS 67202-11 24 Trinidad P. Secretary /T reasu PO Box 780076 (316) 660-6135 [email protected] Galdean rer Wichita, KS 67278-0076
Gabriela A. Vega Editor 630 Humboldt St (785)-539-5300 [email protected] Suite 110 Manhattan, KS 66502-6095 Angela l Williams Past President 4235 Baltimore Ave (816) 531-2166 [email protected] Kansas City, MO 64111-2304 Rekha Sharma- ClE liaison 515 Avenida CesarE Chavez (816) 994-2300 [email protected] Crawford Kansas City, MO 64108-2133 Michael Sharma- legislative liaison 515 Avenida CesarE Chavez (816) 994-2300 [email protected] Crawford Kansas City, MO 64108-2133
Matt Hoppock Member at large 10985 Cody St (813)-267-5511 [email protected] Suite 130 Overland Park, KS 6621 0-1232 Erika Jurado- Member at large 113 E 5th St (913) 371-6700 [email protected] Graham Kansas City, MO 64 106- 11 04 Mira Mdivani Member at large 7007 College Blvd (913) 317-6200 [email protected] Suite 460 Overland Park, KS 66211-2441 Dawn Phoenix KBA Staff liaison 1 200 SW Harrison (785) 861-8811 [email protected] Topeka, KS 6661 2
143 KANSAS BAR ASSOCIATION 2016-171ndian Law Section
Member Title Address Telephone E-Mail
Chris Holbert President 1 12 South 7th St 785 288-6070 [email protected] Post Office Box 1 83 Hiawatha, KS 66434-0183 Vivien Olsen Secretory /Treosu 16281 Q Rd 785 966-3940 [email protected] rer and Co-Editor Mayetta, KS 66509-8970 Teri l. Barr Co-Editor 1 1444 158th Rd 785 966-2242 [email protected] Mayetta, KS 66509-8866
Russell Brien Post President 15026 1 14th St 785 863-3500 [email protected] Oskaloosa, KS 66066-5392 Mark Dodd CLE liaison 420 SE 6th Ave 785 368-6202 [email protected] Suite 3000 Topeko, KS 66607-1 1 81 Mark Gunnison legislative liaison PO Box 25625 91 3 469-4100 [email protected] Overland Pork, KS 66225-5625 Down Phoenix KBA Stoff liaison 1 200 SW Harrison (785) 861 -881 1 [email protected] Topeko, KS 6661 2
144 KANSAS BAR ASSOCIATION 2016-17 Insurance Law Section
Member Title Address Telephone E-Mail
Will larson President 815 SW Topeka Blvd (785) 232-0561 [email protected] Topeka, KS 6661 2 MatthewS. President-elect 2930 SW Wanamaker Dr (785) 215-8506 [email protected] Crowley Suite 9 Topeko, KS 66614-4116 Timothy J. Secretary- 3520 Broadway St (816) 753-7299 [email protected] Langland Treasurer Kansas City, MO x8434 64111-2502 David Wolfe ClE liaison 2950 SW McClure Rd (866) 363-9595 [email protected] Topeka, KS 66614-4120 William W. Sneed legislative liaison 100 SE 91h St (785) 233-1446 [email protected] Suite 250 Topeka, KS 66612-1213 Steve O'Hern Editor 5200 Metcalf Ave (913) 676-3186 [email protected] Overland Park, KS 66202-1265 Jennifer Osborn Post President 6201 College Blvd (913) 451-8788 [email protected] Nix Suite 500 Overland Pork, KS 66211-2435 Matt All Member at large 1133 Topeka Blvd (785) 291 7631 [email protected] Topeka, KS 66629-0001
Kevin Mechtley Member at large 1020 Central St (816) 886-3272 [email protected] Suite 201 Kansas City, MO 64105-1793 lou Probasco Member at large 615 SW Topeka Blvd (785) 233-2332 [email protected] Topeka, KS 66603-3360 xl11
Curt Roggow Member at Large 9401 Indian Creek Pkwy (913) 234-6108 [email protected] Suite 1250 Overland Pork, KS 66210-2149 Dawn Phoenix KBA Staff liaison 1 200 SW Harrison St (785) 861-8811 [email protected] Topeka, KS 66612
145 KANSAS BAR ASSOCIATION 2016-17 Intellectual Property Law Section
Member Title Address Telephone E-Mail
Keith J. Boe President 2555 Grand Blvd. 816 474-6550 [email protected] Kansas City, MO 641 08-2613 Robert "Bob" President-elect 2555 Grand Blvd. 816 559-2241 [email protected] Chisholm Kansas City, MO 64108-2613 Alison L. Erickson Secretory-Treosurer 2555 Grand Blvd. (816) 474-6550 [email protected] Kansas City, MO 641 08-2613 x11009
Kyle J. Mendenhall CLE liaison 1080 1 Mastin St 913 647-9050 [email protected] Suite 1000 Overland Pork'-KS 6621 0-1697 Brion Main Co-legislative liaison 2300 Main St 816 502-6061 [email protected] Suite 800 Kansas City, MO 64108-2432 Jackie Knapp Co-legislative liaison 10851 Mastin St 913 451-5136 [email protected] Suite 1000 Overland Park, KS 66210-1687 Chad A. Kyle Past President 1080 1 Mastin St (913) 647-9050 [email protected] Suite 1000 Overland Pork, KS 66210-1697 Amy C. Bixler-Kelly Member at large 600 Dulany St (571) 272 4492 [email protected] Alexandria, VA 22314-0075 Matthew P. Harlow Member at Lorge 16560 Ingrid St (620) 327-5861 [email protected] Gardner, KS 66030
Marshall Honeyman Member at Lorge 6201 College Blvd. (913) 451-5134 [email protected] Suite 300 Overland Park, KS 6621 1 A. Justin Poplin Member at Lorge 10851 Mastin St (913) 451-5130 [email protected] Suite 1000 Overland Pork, KS 6621 0-1687 Randall W. Schwartz Member at large 1080 1 Mastin St (913) 647-9050 [email protected] Suite 1000 Overland Pork, KS 6621 0-1697 Arthur K. Shaffer Member at large 7101 College Blvd (913) 345-0900 [email protected] Suite 1520 Overland Park, KS 6621 0-2081 Bryan P. Stanley Member at Lorge 2300 Main St (816) 960-0090 [email protected] Suite 800 Kansas City, MO 64108-2432 Paul Walker Member at large 1080 1 Mastin St (913) 232-5040 [email protected] Suite 1000 Overland Pork, KS 6621 0-1697 Brandon J. Warner Member at large PO Box 1450 (571) 270-7169 [email protected] Alexandria, VA 2231 3- 1450 Dawn Phoenix KBA Staff liaison 1200 SW Harrison St (785) 861-881 1 [email protected] Topeka, KS 66612
146 KANSAS BAR ASSOCIATION 2016-17 Litigation Section
Member Title Address Telephone E-Mail
Brad C. Nielsen President 8900 Word Pkwy (816) 421-7100 [email protected] Kansas City, MO 64114 John Schultz President-Elect 8900 Ward Pkwy (816) 421-7100 [email protected] Kansas City, MO 64114 ext 126 Jeffery l. Secretary-Treasurer 300 North Mead (316) 262-2671 [email protected] Carmichael Suite 200 Wichita, KS 67202 Ron Pope ClE Co-liaison 2913 SW Maupin ln (785) 273-8002 [email protected] Topeko, KS 6661 4-4139 Rhonda K. Mason ClE Co-liaison 11111 W 9511> St (913)-599-3662 [email protected] Suite 245 Overland Park, KS 66214-1846 Michael J. Fleming legislative liaison 6900 College Blvd. (913) 341-8612 [email protected] Suite 840 Overland Park, KS 66211 James W. Clark Co-Editor 1734 Kent Ter (785) 842-7986 [email protected] lawrence, KS 66046-4044
Cliff A. Nye Co-Editor 4801 Roanoke Pkwy (316) 212-2676 [email protected] Apt 202 Kansas City, MO 64112-1829 Peter Johnston Post President 129 S 811> St (785) 823-6325 [email protected] Salina, KS 67401-2807
Daniel F. Church Member at large 8330 Ward Pkwy (816) 382-1382 [email protected] Suite 300 Kansas City, MO 64114 Jack Focht Member at large 1551 N Waterfront Pkwy (316) 267-6371 [email protected] Suite 100 Wichita, KS 67206-6605 Brette Hart Member at large 4501 College Blvd (913) 213-6980 [email protected] Suite 190 leawood, KS 66211-2334 Mark B. Hutton Member at large 81 00 E 22"d St N (316)688-1166 [email protected] Bldg 1200 Wichita, KS 67226-2312 Matt Merrill Member at large 2323 Grand Blvd (816) 292-7000 [email protected] Suite 1100 Kansas City, MO 64108-2670 John M. Parisi Member at large 2600 Grand Blvd (816)-474-0004 [email protected] Suite 550 Kansas City, MO 64108-4627 Kana Roller Member at large 900 Massachusetts St (785) 843-0811 [email protected] Suite 500 lawrence, KS 66044-2868 Dawn Phoenix KBA Staff liaison 1 200 SW Harrison St (785) 861 -8811 [email protected] Topeka, KS 6661 2
147 KANSAS BAR ASSOCIATION 2016-17 Oil, Gas & Mineral Law Section
Member Title Address Telephone E-Mail
Casey l. Jones President 301 North Main Street (316) 267-2000 [email protected] Suite 2000 Wichita, KS 67202-4820 Tyler K. Turner President-elect PO Box 128 (785) 628-8226 [email protected] Hays, KS 67601 -01 28 Diana G. Edmiston Secretary Treasurer 200 E 1st Street (316) 267 6400 [email protected] Suite 301 Wichita, KS 67202 Prof. David E. Pierce CLE Liaison 1700 SW College Ave (785) 670-167 6 [email protected] Rm 219 Topeka, KS 66621-0001 Jack Gloves Legislative Liaison 200 East First St (316) 262 5181 [email protected] Suite 415 Wichita, KS 67202 Karl N. Hesse Co-Editor 1 551 N Waterfront Pkwy (316) 267-6371 [email protected] Suite 100 Wichita, KS 67206-6605 Lane Palmateer Co-Editor 1 1113 W Nantucket St (316) 337-6200 [email protected] Wichita, KS 67212-11 01
Jennifer N. Horchem Past President 727 N Waco Ave (316) 263-3201 [email protected] Suite 400 Wichita, KS 67203-3900 David E. Bengtson Member at Large 1625 N Waterfront Pkwy (316) 268-7943 [email protected] Suite 300 om Wichita, KS 67206-6620 Keith Brock Member at Large PO Box 17 (785) 242-1234 [email protected] Ottawa, KS 66067-0017
Tyson Eisenhauer Member at Large PO Box 825 (620) 672-5533 [email protected] Pratt, KS 67124-0825
Ryan Hoffman Member at Large 266 N Main St (316) 337-6200 r [email protected] Suite 220 Wichita, KS 67202-1514 Joseph A. Schremmer Member at Large 830 1 E 21 st St N (316) 262-4000 [email protected] Suite 450 Wichita, KS 67206-2936 Dawn Phoenix KBA Staff Liaison 1 200 SW Harrison St (785) 861-881 1 [email protected] Topeka, KS 66612
148 KANSAS BAR ASSOCIATION 2016-17 Real Estate, Probate & Trust Law Section
Member Title Address Telephone E-Mail
Scott D. Jensen President 301 N Main St (316) 263-8294 [email protected] Suite 600 Wichita, KS 67202-4806 Mark A. Andersen Secretary- 1 21 1 Massachusetts St (785) 843-6600 [email protected] Treasurer lawrence, KS 66044-3351 Kent A. Meyerhoff ClE liaison 301 N Main St (316) 267-7361 [email protected] Suite 1900 Wichita, KS 67202-4819 Calvin J. Karlin Editor 1 211 Massachusetts St (785) 843-6600 [email protected] lawrence, KS 66044-3351 Stewart T. Weaver Past President 1 551 N Waterfront Pkwy (316) 267-6371 [email protected] Suite 100 Wichita, KS 67206-6605 Dan C. Peare Member at large 8621 E 21st St N (316) 631-3131 [email protected] Suite 200 Wichita, KS 67206-2991 Kevin M. Conley Member at large 1010 Grand Ave (816) 860-7738 [email protected] Kansas City, MO 64106-2202 Vernon L Jarboe Member at large 534 S Kansas Ave (785) 357-6311 [email protected] Suite 1000 Topeka, KS 66603-3456 Charles J. Andres Member at large 1 30 N Cherry St (913) 782-8298 [email protected] Suite 101 Olathe, KS 66061-3460 D. Michael Dwyer Member at large 6750 W 93rd St (91 3) 383-31 31 [email protected] Suite 230 Overland Park, KS 6621 2-1465 Theron E. Fry Member at large 2959 N Rock Rd (316) 630-8100 [email protected] Suite 300 Wichita, KS 67226-51 00 lewis A. Heaven Jr. Member at large 10851 Mastin St (913) 451-5119 [email protected] Suite 1000 Overland Park, KS 6621 0-1687 Richard H. Hertel Member at large 9401 Indian Creek Pkwy (913) 345-81 00 [email protected] Suite 700 Overland Park, KS 66210-2038 Robert M. Hughes Member at large 301 N Main St (316) 263-8294 [email protected] Suite 600 Wichita, KS 67202-4806 Timothy P. O'Sullivan Member at large 1551 N Waterfront Pkwy (316) 291-9564 [email protected] Suite 100 Wichita, KS 67206-6605 Nancy S. Roush Member at large 10851 Mastin St (816) 460-5820 [email protected] Suite 1000 Overland Park, KS 6621 0-1687 Gary M. Howland Member at large 1108 Elm St (785) 562-3782 [email protected] Marysville, KS 66508-1936
149 KANSAS BAR ASSOCIATION 2016-17 Real Estate, Probate & Trust Law Section
Member Title Address Telephone E-Mail
Cheryl C. Boushka Member at large 1000 Walnut St (816) 421-0644 [email protected] Suite 1500 Kansas City, MO 64106-2122 Kent Hatesohl Member at large 11405 Noll Ave (816) 234-2540 [email protected] leawood, KS 66211-1894 Craig McKinney Member at large 331 SW Broadmoor Ave (785) 233-1321 [email protected] Topeka, KS 66606-1 260 John McNish Member at large PO Box 386 (785) 652-5388 [email protected] Marysville, KS 66508-0386 Michael Dreiling, Jr. Member at large 104 E Poplar St (913) 764-5010 [email protected] Olathe, KS 66061-3306 Shannon Barks Member at large 10851 Mastin St (913) 451-5176 [email protected] Suite 1000 Overland Pork, KS 6621 0-1687 leslie Daugharthy Member at large 1200 SW Harrison (785) 861-8837 [email protected] Topeka, KS 6661 2
150 KANSAS BAR ASSOCIATION 2016-17 Solo & Small Firm
Member Title Address Telephone E-Mail
Calvin K. Williams President 1022 Republic Cir (785) 460-9777 [email protected] Salina, KS 67401-5383 Thomas A. Adrian ClE liaison 301 N Main St (316) 283-8746 [email protected] Suite 400 Newton, KS 67114-3464 Joseph A. Knopp legislative liaison 620 Humboldt St (785) 776-9288 [email protected] Manhattan, KS 66502-6035
James M. Johnson Editor 116 N Hershey Ave (785) 738-5723 [email protected] Beloit, KS 67420-2311 Michelle Reinert Past President 100 Milito ry Ave (620) 225-6789 [email protected] Mohieu Suite 219B Dodge City, KS 67801-4945 leslie Daugharthy KBA Staff liaison 1200 SW Harrison St (785) 861-8837 [email protected] Topeka, KS 66612
151 KANSAS BAR ASSOCIATION 2016-17 Tax Law Section
Member Title Address Telephone E-Mail
R. Eric Ireland President 922 Walnut Street (816) 760-3652 [email protected] Kansas City, MO 64106-1871 Douglas C. Fincher CLE liaison 3735 SW Wanamaker Rd (785) 783-8323 [email protected] Suite A Topeka, KS 6661 0-1 396 Kent A. Meyerhoff Editor 301 N Main St (316) 267-7361 [email protected] Suite 1900 Wichita, KS 67202-4819 Jason P. Lacey Past President 1551 N Waterfront Pkwy (316) 267-6371 [email protected] Suite 100 Wichita, KS 67206-6605 Tim O'Sullivan Member at Large 1551 N Waterfront Pkwy (316) 291-9564 [email protected] Suite 100 Wichita, KS 67206-6605 Stanley Lucky Member at Large 534 S Kansas Ave (785) 234-3461 [email protected] DeFries Suite 925 Topeka, KS 66603-3447 Theron E. Fry Member at Large 2959 N Rock Rd (316) 630-8100 [email protected] Ste 300 Wichita, KS 67226-51 00 Hellen L. Haag Member at Large 301 N Main St (316) 263-8294 [email protected] Suite 600 Wichita, KS 67202-4806 Eric S. Namee Member at Large 301 N Main St (316) 267-2000 enamee@hinklaw .com Suite 2000 Wichita, KS 67202-4820 N. Royce Nelson Member at Large 119 W Iron Ave (785) 827-7251 [email protected] 1Olh Fl Salina, KS 67402-1247 Andrew J. Nolan Member at Large 1551 N Waterfront Pkwy (316) 267-6371 [email protected] Suite 100 Wichita, KS 67206-6605 Nancy Schmidt Roush Member at Large 2346 Grand Blvd (816) 460-5820 [email protected] Suite 2200 Kansas City, MO 641 08 Jeffrey A. Houston Member at large 120 W Kansas Ave (620) 241-0554 [email protected] Suite B McPherson, KS 67460-4756 John Gerdes Member at large 301 N Main St (316) 267-7361 [email protected] Suite 1900 Wichita, KS 67202-4819 Gregg Goodwin Member at Large 301 N Main St (316) 263-8294 [email protected] Suite 600 Wichita, KS 67202-4806 leslie Daugharthy KBA Staff Liaison 1 200 SW Harrison St (785) 861-8837 [email protected] Topeka, KS 6661 2
152 KANSAS BAR ASSOCIATION 2016-17 Young Lawyers Section
Member Title Address Telephone E-Mail
Nathan P. Eberline President 300 SW 8th Ave (785) 272-2585 [email protected] Third Floor X 303 Topeka, KS 66603-3940 Clayton Kerbs President-elect PO 1473 ( 620) 225-0238 [email protected] Dodge City, KS 67801 -1473 Sarah Morse Secretary-Treasurer 515 S Kansas Ave (785) 232-7761 [email protected] Topeka, KS 66603
Jake Peterson ClE liaison PO Box 380 (785) 823-6325 [email protected] Salina, KS 67402-0380 Ashley Rohleder ClE liaison 3615 SW 29th St (785) 409-1 300 [email protected] Suite 201C Topeka, KS 66614 Rick Davis legislative Liaison 5251 West 116th Place (913) 210-1847 [email protected] Suite 200 leawood, KS 66211 Stacy Edwards Co-Editor 301 SW lOth Ave [email protected] Suite 315 Topeka, KS 66612 Amanda Wilwert Co-Editor 534 S Kansas Ave (785) 233-3600 amanda. [email protected] Suite 1400 Topeka, KS 66603-3436 Justin lee Ferrell Past President 61 3 Washington St 785-267-2373 [email protected] PO Box 549 Concordia, KS 66901 Katherine Marples Judicial Externship 1048 April Rain Rd (785) 338-5480 [email protected] Coordinator lawrence, KS 66049 X5480
John Washburn Pro Bono Chair 3615 SW 29th St [email protected] Suite 210C Topeka, KS 66614 Anne Smith Social Chair 120 SW 1 Qth Ave (816) 931-0500 [email protected] Fl2 Topeka, KS 66612-1237 Shawn Yancy ABA District Rep 401 SW Topeka Blvd shown. [email protected] Topeka, KS 66603-3102
Joslyn Kusiak ABA Liasion KBA 113 S 8th St (316) 267-0331 [email protected] Selection Independence, KS 67301-3503 Mitch Biebighauser Mock Trial Co-Chair 7944 Santa Fe Dr (913) 652-9800 [email protected] Overland Park, KS 66204-3643 Casey Walker Mock Trial Co-Chair 7400 W 11Qth St [email protected] Suite 600 Overland Park, KS 66210-2360 Bill Walberg Mock Trial Co-Chair 100 N Broadway Ave [email protected] Suite 950 Wichita, KS 67202-2209 leslie Daugharthy KBA Staff liaison 1200 SW Harrison St (785) 861-8837 [email protected] Topeka, KS 66612
153 KANSAS BAR ASSOCIATION Other Bar Associations
Barber County Bar Association Mr. Gaten Thomas Wood, President 120 E Washington Ave Medicine lodge, KS 67104-1421 Email: [email protected] Telephone: (620) 886-5646 Barton County Bar Association Mr. Charles R. Pike, President 131 0 Kansas Ave Great Bend, KS 67530-4407 Email: [email protected] Telephone: (620) 793-7279 Brown County Bar Association Mrs. Hillary J. Boye, local Bar Association Contact 301 E 15th St Horton, KS 66439-1 939 Email: hillaryj21 @gmail.com Telephone: (785) 486-3711 Cherokee County Bar Association Mr. Harvey Gene Barrett, President 1246 Military Ave Baxter Springs, KS 66713-2740 Email: [email protected] Telephone: (620) 856-3531 Clay County Bar Association Ms. Donna J. long, President PO Box 21 Clay Center, KS 67432-0021 Email: [email protected] Telephone: (785) 632-2272 CoHey County Bar Association Mr. Dennis Roth, President 1393 County Road 231 0 Sulphur Springs, TX 75482-6983 Email: droth [email protected] Telephone: (620) 203-8483 Cowley County Bar Association Mr. Joshua S. Albin, President 311E9th Winfield, KS 67156 Email: [email protected] Telephone: (620) 221-5485 Crawford County Bar Association Ms. Sarah A. Mills, President PO Box 352 Girard, KS 66743-0352 Email: [email protected] Telephone: (620) 724-4111
154 KANSAS BAR ASSOCIATION Other Bar Associations
Dickinson County Bar Association Mr. louis J. Purvis, President PO Box 421 Abilene, KS 67410-0421 Email: [email protected] Telephone: (785) 263-9994 Doniphan County Bar Association Mr. Alan M. Boeh, President 206 S Main St Troy, KS 66087-4000 Email: [email protected] Telephone: (785) 985-2576 Douglas County Bar Association Mr. Branden l. Smith, President 719 Massachusetts Ste 1 26 lawrence, KS 66044 Email: [email protected] Telephone: (785) 856-0780 Ellis County Bar Association Ms. Crystalyn M. Oswald, President 107 W. 12th Street Hays, KS 67601-3860 Email: [email protected] Telephone: (785) 628-9405 Ellsworth County Bar Association Mr. John Sherman, President 126 N. Douglas Ave Ellsworth, KS 67439-3214 Email: [email protected] Telephone: (785) 472-3186 Finney County Bar Association Mr. Zachary Daniel Schultz, President 302 Fleming St Ste 5 Garden City, KS 67846-6162 Email: [email protected] Telephone: (620) 276-3728 Ford-Gray County Bar Association Mr. Timothy R. Woods, President 701 E Comanche ln Ste F Dodge City, KS 67801-4500 Email: [email protected] Telephone: (620) 227-7349 Franklin County Bar Association Mr. Jeffrey Wilson, President PO Box 17 Ottawa, KS 66067-0017 Email: [email protected] Telephone: (785) 242-1234
155 KANSAS BAR ASSOCIATION Other Bar Associations
Geary County Bar Association Ms. linda M. Barnes-Pointer, President 302 N Adams St. Junction City, KS 66441-3004 Email: [email protected] Telephone: (785) 233-4245 Harvey County Bar Association Mr. David J. Stucky, President 301 N Main St Ste 400 Newton, KS 67114-3464 Email: [email protected] Telephone: ( 316) 283-8746 Hispanic Bar Association of Greater Kansas City Ms. Maria Salcedo, President 2555 Grand Blvd Kansas City, MO 64108-2613 Email: [email protected] Telephone: () Jackson County Bar Association Mr. J. Richard Lake, President 110 W 5th St Holton, KS 66436-1780 Email: [email protected] Telephone: (785) 364-4161 Jefferson County Bar Association Mr. Richard Allen Johnson, President PO Box 10 Valley Falls, KS 66088-0010 Email: [email protected] Telephone: (785) 945-3281 Johnson County Bar Association Ms. Tracey DeMarea, Executive Director 1 30 N. Cherry Ste 202 Olathe, KS 66061 Email: [email protected] Telephone: (913) 780-5460 Johnson County Bar Association Ms. Katie A. McClaflin, President 1080 1 Mastin St Ste 430 Overland Park, KS 66210-1682 Email: [email protected] Telephone: (913) 498-8080 Kansas Association for Justice Ms. Callie J. Denton, Executive Director 719 SW Van Buren St Ste 222 Topeka, KS 66603-3741 Email: [email protected] Telephone: (316) 232-7756
156 KANSAS BAR ASSOCIATION Other Bar Associations
Kansas Association for Justice Mr. David J. Rebein, President 81 0 W Frontview St Dodge City, KS 67801-2231 Email: [email protected] Telephone: (620) 227-8126 Kansas Association of Criminal Defense Lawyers Mr. James R. Pratt, President 445 N. Waco Wichita, KS 67202-1160 Email: [email protected] Telephone: (316) 262-2600 Kansas Association of Defense Counsel Ms Brandy Johnson, Executive Director 825 S Kansas Ave. Ste 500 Topeka, KS 66612-1253 Email: [email protected] Telephone: (785) 232-9091 Kansas Association of Defense Counsel Mr. Mark D. Katz, President 14 W 3rd St Ste 200 Kansas City, MO 64105-1297 Email: [email protected] Telephone: (816) 41 0-6600 Kansas City Legal Ms. Amy M. Fowler, President 800 W 47th St. Ste 620 Kansas City, MO 64112-1248 Email: [email protected] Telephone: (816) 595-7382 Kansas City Metropolitan Bar Association Ms. Victoria Schatz, Executive Director 2300 Main St. Ste 100 Kansas City, MO 641 08-2415 Email: [email protected] Telephone: (816) 474-4322 Kansas City Metropolitan Bar Association Mr. Russell S. Jones, President 900 W 48th Pl. Ste 900 Kansas City, MO 64112-1899 Email: [email protected] Telephone: (816) 753-1000 Kansas County & District Attorneys Association Mr. Steven F. Kearney, Executive Director 1200 SW 1Oth Ave. Topeka, KS 66604-1204 Email: [email protected] Telephone: (785) 290-5529
157 KANSAS BAR ASSCX:IATION Other Bar Associations
Kansas County & District AHorneys Association Mr. Marc Bennett, President 535 N Main St. Wichita, KS 67203-3702 Email: [email protected] Telephone: (316) 660-3737 Kansas Women AHorneys Association Ms. Gaye B. Tibbets, President 100 N Broadway St. Ste 950 Wichita, KS 67202-2216 Email: [email protected] Telephone: (316) 265-7741 Kingman County Bar Association Mr. Brandon T. Ritcha, President PO Box 113 Kingman, KS 67068-0113 Email: [email protected] Telephone: (888) 888-8888 LabeHe County Bar Association Mr. Stephen P. Jones, President 201 S. Central Ave Ste B Parsons, KS 67357-4215 Email: spjones 1 [email protected] Telephone: (602) 421-6370 Leavenworth County Bar Association Ms. Alyssa C. Brockert, President PO Box 707 leavenworth, KS 66048-1098 Email: [email protected] Telephone: (913) 682-0166 Lyon-Chase County Bar Association Mr. Jonathon lewis Noble, President 430 Commercial St. Emporia, KS 66801-4013 Email: [email protected] Telephone: (620) 341-3263 Marshall County Bar Association Mr. Jason E. Brinegar, President 1 114 Broadway PO Box 468 PO Box 468 Marysville, KS 66508-0468 Email: [email protected] Telephone: (785) 562-2375 McPherson County Bar Association Mr. Brian L. Bina, President 100 W Kansas Ave. Ste 201 PO Box 1103 McPherson, KS 67460-11 03 Email: [email protected] Telephone: (620) 241-8800
158 KANSAS BAR ASSOCIATION Other Bar Associations
Miami County Bar Association Ms. Geri Lynne Hartley, President PO Box 407 Paola, KS 66071-0407 Email: [email protected] Telephone: (913) 294-4512 Morris County Bar Association Mr. D. Randall Heilman, President PO Box 212 Council Grove, KS 66846-021 2 Email: [email protected] Telephone: (620) 767-6825 Nemaha County Bar Association Mr. Martin W. Mishler, Local Bar Association Contact PO Box 283 821 Main St. Sabetha, KS 66534-0283 Email: [email protected] Telephone: (785) 284-2843 Neosho County Bar Association Mrs. Jill Gillett, President 15 S Forest Ave Chanute, KS 66720-2243 Email: [email protected] Telephone: (620) 431-1999 Osage County Bar Association Mr. Patrick G. Walsh, President PO Box 487 lyndon, KS 66451-0487 Email: [email protected] Telephone: (785) 828-4418 Osbourne County Bar Association Mr. Richard E. Dietz, President 115 S 1st St Osborne, KS 67473-2507 Email: [email protected] Telephone: (785) 346-2157 Pawnee County Bar Association Mr. Donald L. Burnett, President PO Box 360 larned, KS 67550-0360 Email: [email protected] Telephone: ( 620) 2853157 PoHawatomie County Bar Association Mr. John D. Watt, President PO Box 56 Wamego, KS 66547-0056 Email: [email protected] Telephone: (785) 456-2231
159 KANSAS BAR ASSOCIATION Other Bar Associations
Pratt County Bar Association Ms. Tracey T. Beverlin, President PO Box 824 Pratt, KS 67124-0824 Email: [email protected] Telephone: (620) 672-9471 Reno County Bar Association Mr. Thomas A. Dower, President 20 W 2nd Ave 2nd Fl Hutchinson, KS 67501-5246 Email: [email protected] Telephone: (620) 662-0537 Rice County Bar Association Mr. Mark Allen Tremaine, President PO Box 811 Lyons, KS 67554-0811 Email: [email protected] Telephone: (620) 257-7900 Riley County Bar Association Mr. Jeremiah L. Platt, President 417 Poyntz Ave Manhattan, KS 66502-0115 Email: [email protected] Telephone: (785) 539-6634 Russell County Bar Association Mr. Daniel W. Krug, President PO Box 431 Russell, KS 67665-0431 Email: dankrug 1 1 @gmail.com Telephone: (785) 483-3711 Saline-Ottawa County Bar Association Mr. Jeffrey B. Ebel, President 1 21 N Estates Dr Salina, KS 67401-3527 Email: [email protected] Telephone: (785) 833-2318 Seward-Haskell Bar Association Hon. Clinton B. Peterson, President 415 N Washington Ave Ste 103 Liberal, KS 67901-3462 Email: [email protected] Telephone: (620) 626-3375 Sherman County Bar Association Mr. J. Ronald Vignery, President PO Box 767 Goodland, KS 67735-0767 Email: [email protected] Telephone: (785) 890-6588
160 KANSAS BAR ASSOCIATION Other Bar Associations
Southeast Kansas Bar Association Hon. Daniel D. Creitz, President 1 N Washington Ave Rm B lola, KS 66749-2841 Email: [email protected] Telephone: (620) 365-1426 Southwest Kansas Bar Association Ms. Sarah E. Heeke, President 206 W. Wyatt Earp Blvd Dodge City, KS 67801-4448 Email: [email protected] Telephone: (620) 227-9889 Sumner County Bar Association Mr. Samuel Brady Short, President 11 0 W 9th Ave. Winfield, KS 67156-2852 Email: [email protected] Telephone: (620) 402-5077 Thomas County Bar Association Mr. John D. Gatz, President 505 N Franklin Ave Ste A Colby, KS 67701-2342 Email: [email protected] Telephone: (785) 460-3383 Topeka Bar Association Ms. Tiffany Fisher, Executive Director 534 S Kansas Ave Ste 1130 Topeka, KS 66603-3414 Email: [email protected] Telephone: (785) 233-3945 Topeka Bar Association Ms. Laura M. Graham, President 1620 SW Tyler St Topeka, KS 6661 2-1 837 Email: [email protected] Telephone: (785) 296-8207 Wichita Bar Association Ms. Karin Kirk, Executive Director 225 N Market St Ste 200 Wichita, KS 67202-2023 Email: [email protected] Telephone: (316) 263-2251 Wichita Bar Association Ms. Marica A. Wood, President 100 N Broadway Ste 500 Wichita, KS 67202 Email: [email protected] Telephone: (316) 265-29 55
161 KANSAS BAR ASSOCIATION Other Bar Associations
Wichita Women Attorneys Association Ms. Amanda M. Morino, President 1900 E Morris St Wichita, KS 67211-2735 Email: [email protected] Telephone: (316) 660-9734 Wichita Women Attorneys Association Ms. Christine C. Campbell, President-Elect 340 S Broadway St Wichita, KS 67202-4304 Email: [email protected] Telephone: (316) 265-0424 Wilson County Bar Association Mr. John K. Chenoweth, President 620 Madison St Fredonia, KS 66736-1 338 Email: [email protected] Telephone: ( 620) 378-4444 Women Attorneys Association of Topeka Ms. Alison J. St. Clair, President 515 S Kansas Ave 1st Fl Topeka, KS 66603-3405 Email: [email protected] Telephone: (785) 233-0593 Women Attorneys Association of Topeka Ms. Rachel l. Pickering, President-Elect 400 JC Rogers Dr. Wamego, KS 66547 Email: [email protected] Telephone: (785) 317-2652 Wyandotte County Bar Association Mr. Michael l. Sexton, President 6901 Shawnee Mission Pkwy Overland Park, KS 66202 Email: [email protected] Telephone: (913) 789-7477
162