School of Law alumni have served in the judiciary throughout the United States and the world. The following are a few of those judges who daily adjudicate cases and provide the best solution to the issue at hand. Many of our alumni could easily be included in this issue, however, due to space constraints, a cross section of the many Washburn Law alumni in the judiciary have been highlighted. Many other judges are highlighted in the feature article 100 Years of Washburn Law in the Judiciary on page 4. To every Washburn Law judge throughout the world, may your dedication, commitment and service to your community continue to be respected and appreciated by all who know you and come before you in your courtroom. Washburn Judiciary Dedication to Justice

The Honorable Judge Allen serves on the board of the local Adrian J. Allen '54 American Cancer Society. He previously was a member of the board of the American Red As a Senior Judge, Judge Cross for 30 years and just recently became Adrian Allen carries out assign- involved in helping institute a Marine ROTC ments in a number of Northeast program at Topeka High School, Topeka, Kansas district courts. He served Kansas, where he graduated. as a full-time judge of the Shawnee County District Court from 1971 until his retirement in 1993. His most memorable case, he said, The Honorable involved the collection of Kansas income tax on military retirement pay. The issue at stake Michael A. Barbara was the legality of Kansas income tax on mili- '53 tary pay. Military retirees thought that it was Judge Barbara has viewed the unfair that retirement pay of judges was exempt justice system from several from taxation while military retirees had to pay sides--as a practicing lawyer from 1953 to 1967, taxes. The class action suit came to Judge Allen as judge for the Third Judicial District of Kansas instead of the appropriate agent (Kansas Code from 1967 to 1980 and as Secretary of allows the appeal of Kansas income tax to the Corrections for the State of Kansas from 1983 Kansas Department of Revenue). Judge Allen to 1985. He was chief counsel for the Kansas ruled against the claimants because of a lack of Tax Commission from 1958 to 1960. jurisdiction. The Kansas Supreme Court This broad perspective on the law made Judge affirmed his decision. The US Supreme Court Barbara a valued member of the Washburn reversed the decision, but stated the claimants University School of Law faculty for 17 years-- should have followed the correct procedures in 1980-1997. He taught Evidence, Criminal Law Kansas Code. and Criminal Procedure. Judge Allen decided to attend Washburn Law after taking a career path test administered by In addition to numerous papers in professional Washburn University. The test confirmed the journals, his books include the Kansas Criminal belief Judge Allen already had; a legal career Law Handbook published by the Kansas Bar would be best. Legal careers run in Judge Association, Kansas Judges Benchbook on Allen’s family, his grandfather had been a lawyer Evidence Objections, and Kansas Evidence and a judge in Linn County, Kansas and was Objections with Evidentiary Foundations. also on the Kansas Supreme Court. His many honors include the Kansas Judge Of his legal career, Judge Allen says it has of the Year Award in 1976 from the Kansas Trial engendered a deep and abiding respect for the Lawyers Association, the Presidential Award for United States judicial system. “I believe it is the outstanding contributions by an individual in best court system.” That belief has made Judge the area of corrections from the Kansas Allen a passionate advocate for the preservation Corrections Association, the Award for of the judicial system.” Outstanding Service from the Kansas Bar Association, the Distinguished Service Award 12 from Washburn Law School Association, Spring/ Summer 2003 The Honorable recognition as William O. Douglas Outstanding J. Patrick '62 Professor 1988-89 from Washburn University School of Law and the Phil Lewis Medal of When he retired as chief distinction from the Kansas Bar Association. judge of the Kansas Court of Appeals in January 2001, Judge Barbara currently serves as Senior Judge Brazil left knowing that cases before the District Judge of Kansas, taking cases on court would be heard promptly and fairly. A assignment from the Kansas Supreme Court. member of the Court of Appeals for ten years, He also lectures at Kansas Bar Association Judge Brazil assumed the administrative duties seminars and annual meetings and at Kansas of chief judge in 1995 with concerns that a Judges Conference and seminars. heavy backlog of cases delayed justice and threatened Kansans' right to a low-cost appeal. He made reducing that backlog, brought about by new criminal sentencing guidelines that took The Honorable effect in 1993, his top priority. Under his lead- Paul Lawrence ership, the time before arguments are heard was Brady '56 reduced from as much as eighteen months, in During his distinguished some cases, to as little as two months. The career, retired Federal Judge Kansas Bar Association honored Judge Brazil Paul Brady, Atlanta, was with its Outstanding Service Award in 1994. a trail blazer for African American attorneys. A private practice attor- Judge Brazil continues to hear cases as a senior ney in Chicago for eleven years following his judge taking assignments from the court of graduation from Washburn Law, he was named Appeals and the Supreme Court. He is also attorney for the Federal Power Commission associated with Associates in Dispute in 1968. The first African American attorney Resolution doing mediation and arbitration. employed by the Commission, he was honored for his work as supervisory trial attorney with Earlier in his career, Judge Brazil practiced law the Commission's highest award for outstanding in Pratt and Eureka and was a judge in the performance. Kansas 13th Judicial District from 1972 to 1985.

A life member of the NAACP, Judge Brady He is past president of the Kansas District received national recognition for organizing Judges Association, a founding member of government lawyers in a Volunteer the Kansas Continuing Legal Education Neighborhood Legal Services Program in Commission, secretary of the National Washington, DC. Conference of Chief Justices of Intermediate Courts of Appeals and serves as a member of In 1972, he was named a Federal the commission on Judicial Qualifications. Administrative Law Judge, the first African He is a member of the Sam A. Crow Inn of American to receive such an appointment. Court and serves on the Washburn Law School During the last six years of his 25-year tenure, Association Board of Governors. Judge Brady presided as chief judge of the Atlanta regional office. In his honor, a library- Reflecting his commitment to his profession, conference room in the Sam Nunn Federal Judge Brazil said: “I urge law students and Office Building was designated the Brady young lawyers to always remember that the Conference Room. law is first and foremost a profession, not a business; all lawyers owe it to the profession, In addition to his judicial work, Judge Brady to their clients and to themselves to always has written A Certain Blindness, a book detailing conduct themselves in a professional and his own story and his family's quest for the ethical manner.” promise of America in the context of American history. A second book, Bass Reeves: United States Deputy Marshall - His Life and Legacy, is about his great uncle, who was the first African American federal law officer to 13 serve on the western frontier. The Washburn Lawyer The Honorable John Edwards The Honorable Conway '63 Marion Walter Chipman '48 “I don't think there is a better job for a trial lawyer It is a long way from a sod than being a federal district house in rural Graham judge.” Judge Conway speaks County, Kansas, to St. Petersburg, Florida. from experience, when he makes that state- Retired Judge Marion Chipman made the ment. He has been a judge of the United States lifelong journey in style. District Court in New Mexico since 1986 and was chief judge from 1994 to 2000. Under his Educated in a one-room elementary school and leadership, a new courthouse was constructed a rural Kansas high school, at Fort Hays State and the court became one of the most computer College, and at Washburn University School literate courts in the country. of Law, Judge Chipman was admitted to practice law in Kansas in 1948 and before the Ninth “A few years ago I tried a drug case that Circuit U.S. Court of Appeals and the United involved 100,000 pounds of marijuana. The States Supreme Court in 1975. trial went on for six months and was the longest trial in the history of New Mexico,” Judge He served two terms as Graham County attor- Conway said. “I am sentencing 300-400 people ney and was chosen as the first county counselor a year, and most of them are drug cases. It is of Johnson County, Kansas. He practiced for 32 very discouraging. The New Mexico District years, earning a statewide reputation as both a Court has the third highest criminal caseload trial and appellate attorney and was frequently among the 94 federal district courts.” consulted by other attorneys to assist in com- plex litigation. In addition to his work in New Mexico, Judge Conway was appointed last year by Chief Justice “At age 60, I decided, at the suggestion of Rehnquist to the Foreign Intelligence friends, to submit my name to the nominating Surveillance Act Court in Washington, DC. committee for possible appointment to the dis- The court hears only cases against foreign trict court bench," he said. He recalls the com- agents. Judge Conway goes to Washington for mittee's interview: “Justice Prager asked me, a week every two months to hear cases, but he "Marion, why do you want to be a judge?” I anticipates that work may increase. gave the answer, 'It's inside workin' and there ain't no heavy liftin'.' The serious atmosphere Prior to his appointment to the federal bench, dissolved into one of hilarity.” After more ques- Judge Conway practiced in Santa Fe and tions, he was selected as one of three applicants Alamogordo and served in the New Mexico whose names were forwarded to Governor John State Senate where he was minority leader for Carlin, who appointed him a judge for the 10th eight years. Judicial District of Kansas in 1980.

Following mandatory retirement at age 70, Judge Chipman served as a Kansas Senior Judge, trying cases in many Kansas counties and serv- ing as a judge pro tem of the Kansas Court of Appeals and justice pro tem of the Kansas Supreme Court. He also operated an arbitration and mediation practice in the Kansas City area before moving to Florida in 2000. 14 Spring/ Summer 2003 Dedication to Justice

The Honorable The Honorable Donna Kay Sam A. Crow '52 Dixon '84 Sam Crow, Senior U.S. District Court Judge , recalls As the only district court with modesty his admission judge in Roseau County, to Washburn University Minnesota, Judge Dixon School of Law in 1949. “This was just after presides over all criminal, World War II,” he explained. “Law schools were civil, juvenile, probate and family matters that thirsty for people, particularly those who would come before the court. Her work challenges her receive the GI bill. There weren't any admis- to make difficult and painful decisions. “I am sion tests, so really, I just went to Washburn to currently presiding over a first degree murder enroll, enrolled, and went through on the GI case in which the defendant is fourteen years bill.” He chose Washburn on the recommenda- old,” Judge Dixon said. “The decision to certify tion of his father, who told him it was one of this juvenile as an adult was the most difficult the best law schools in the nation and that it decision I have had to make.” would be more practical in its teaching approach. Because of her previous work as a public defend- er and now as judge, she is acutely aware of the Judge Crow found his father was right, and he needs of children and passionate about helping has put his practical education to good use. them. “All children have the right to a safe, Following graduation, he joined the firm of healthy, and nurturing environment,” Judge Rooney, Dickinson, Prager & Crow in 1953 Dixon said. “I am appalled at the number of in Topeka. “We practiced general law, and we children who do not have these basic needs. never turned down a client who had a cause, The State of Minnesota, through implementa- regardless of whether we would be paid or not. tion of innovative programs, is attempting to If the case had any merit, we took it,” he said. address this issue.”

Then the military called, and Judge Crow Judge Dixon came to the bench in 2001 returned to active duty in the Judge Advocate following stints as city prosecutor in Wichita General Corps (JAG). “I got a lot of trial and Olathe, Kansas, as an assistant city attorney experience there, everything from AWOL in Olathe, as an attorney in private practice in to murder,” he said. Warroad, Minnesota and as an assistant public defender for the State of Minnesota. Several more years of practice in Topeka fol- lowed before he was named a magistrate judge Outside her career, Judge Dixon's passion is in 1975. In 1981 President Reagan appointed hockey. “With a son and daughter both playing him to the federal bench. He served first in youth hockey, I'm a 'hockey mom' from October Wichita and has been in Topeka for the past through April,” she said. That is quite a change eleven years. for a woman who grew up in Kansas and never saw a hockey game until she moved to Judge Crow's devotion to his work and the Minnesota in 1994. people he serves is evident when he speaks of judges in general: "We love our country, we love the courts, we love the procedure that's followed…. We devote our lives to the legal protection of people," he said.

Judge Crow served on the Washburn Law School Association Board of Governors from 1994-1998. 15 The Washburn Lawyer Dedication to Justice

The Honorable The Honorable William H. Muriel E. Harris ‘76 Helsper '73 Judge Harris has been a judge As Chief U.S.Administration for the 29th Judicial District Law Judge in the Office of of Kansas in Wyandotte Hearings and Appeals, Social County (Kansas City) since Security Administration in 1988. Prior to becoming a Fort Worth, Texas, Judge Helsper is responsible district court judge, Judge Harris was a Special for the hearing and disposition of more than Prosecutor Wyandotte County District 5,000 cases a year by a group of eight other Attorney, Assistant City Attorney in Roeland judges. The Office of Hearings and Appeals, Park and also had a solo practice. which serves most of west Texas, primarily adjudicates cases concerning individual claims She recalled that she chose Washburn for Social Security disability benefits. “The University School of Law because she anticipat- proceedings are non-adversarial in nature and ed practicing law in the Kansas City area and a the decisions may be further appealed through Kansas school seemed a practical choice. “My the U.S. Courts,” Judge Helsper said. father, James Yates ‘51, was a Washburn Law School graduate, and I, therefore, had sentimen- Judge Helsper has spent his professional career tal reasons also,” she said. in public service. Upon graduation from Washburn Law, he became a staff attorney with Her choice was a wise one. She found the Board of Veterans Appeals in Washington, Washburn's location in the capitol city made DC, where he served until 1982. That year he it convenient to utilize state government was appointed an Administrative Law Judge resources. She made valuable acquaintances with the Social Security Administration. and developed resources for her subsequent solo Assignments with the Social Security practice and judicial career. “I took advantage Administration have taken him to Huntington, of the internship program and worked a summer West Virginia, and Houston, Dallas, and Fort and one semester in the district attorney's office Worth, Texas. He has been chief judge in the in Wyandotte county…. The experience of Fort Worth office since 1992. meeting the actual individuals I would later be working with was invaluable,” Judge Harris said. In that position, he is concerned that due process be carried out. “I have witnessed, on far too many occasions, a failure to provide ❝ individuals fair and timely disposition of their As a lawyer, claims, owing to faults on both sides of the bench,” Judge Helsper said. “Playing 'fast and honesty and loose' with matters which directly affect the lives of the public is not what we, who are integrity involved in the practice of administrative law, consider 'public service.'” will always As a lawyer, administrator and judge, Helsper ❞ has come to recognize certain truths. He pay dividends. summarizes: ● “As a lawyer, honesty and integrity will always pay dividends.” -Judge Helsper ● “As an administrator, one has to pick causes very carefully.” ● “As a judge, never lose sight of the forest 16 for the trees.” Spring/ Summer 2003 The Honorable The Honorable Steven L. Hornbaker Harold S. Herd ‘42 '73 During fourteen years as a Steven Hornbaker brought Justice of the Kansas the experiences of twenty- Supreme Court, Harold seven years in the practice Herd published 487 opinions. He took a keen of law in civil litigation in interest in cases involving the rights of litigants Junction City, Kansas, to the bench when he in the mineral law field and was recognized was appointed district judge for Division IV of throughout the state and in many parts of the the Eighth Judicial District of Kansas in 2000. country as an expert on oil and gas law. Stressing fairness, tolerance, and humility as the traits of a good judge, he takes his duties very Justice Herd is a native Kansan. Reared on a seriously. "Even small cases are important to farm southwest of Coldwater in Commanche the litigants and they should all be treated seri- County, he returned to his home community ously," Judge Hornbaker said. He also is pas- from Washburn University School of Law in sionate about upholding constitutional rights. 1942 to practice with his father-in-law until called to active duty in the U.S. Navy on Judge Hornbaker is active in several professional December 7, 1942. Four years later he returned organizations. He writes and teaches in contin- to the Coldwater practice, where he did prima- uing education programs offered by the Kansas rily trial work. He recalled: “…I was pretty Trial Lawyers Association and the Kansas Bar lucky. I didn't try my cases well, but I won Association. Hornbaker previously served on them…. I began to try to improve the quality the Washburn Law School Association Board of of my technique…so when I became prosecutor, Governors from 1988 until 1998. He recently I thought this might be a way to do that.” was promoted to rank of Advocate of the American Board of Trial Advocates, having had Always interested in public service, he was over 50 civil tried to conclusion. mayor of Coldwater from 1950 until 1954 and served as Commanche County attorney from Asked what words of encouragement he would 1954-58. He was a member of the Kansas offer to law students and up-and-coming Senate for two terms--1964 to 1972. Justice lawyers, Judge Hornbaker replied: “A law Herd lost his bid for re-election in 1972, due degree will allow you the privilege of practicing in part, he said, to his support of presidential law, but it is not a license to make money. candidate George McGovern, who was Enjoy the ride.” unpopular in Herd's senatorial district. Governor John Carlin named him to the Supreme Court in 1979. ❝Even small cases Justice Herd's contribution to the legal commu- nity extends beyond the bills he introduced and are important to the opinions he wrote as a justice. He worked with high school teachers and students to bring the litigants and the constitution to life for youth and produced two videotapes titled “Lessons in Liberty.” In they should all be July of 1993, Justice Herd became the first Distinguished Jurist in Residence at Washburn ❞ University School of Law. He taught U.S. treated seriously. Constitutional History and Kansas Constitutional Law 1995-96 and served as advisor to Washburn's Constitutional -Judge Hornbaker Law moot court team. 17 The Washburn Lawyer The Honorable PHOTO NOT The Honorable AVAILABLE Fred S. Jackson '60 Debra McReynolds- Being a judge is not the way Farm '98 to win popularity contests. Rather, as Judge Jackson As an administrative law points out, “Judges must have the courage to judge with the Idaho make the decision which is appropriate to Department of Labor, Judge McReynolds-Farm the law and the facts of the particular case hears unemployment appeals, employer tax even though that decision will obviously be cases and federal wage and hour disputes. unpopular.” Her most challenging cases, however, involve discrimination and harassment. Judge Jackson should know. He was a district judge in Shawnee County, Kansas, for nineteen “The 'wronged' party really does feel wronged years. Since his retirement in 1999, he has and often they have a legitimate reason to feel been a senior judge, working approximately that way,” she said. “However, it does not 40 percent of the time hearing cases assigned always mean there is a cause of action. Making by the Kansas Supreme Court in various judicial them feel as if they have had their day in court districts. Prior to taking the bench, Judge and helping them to move forward even though Jackson was an assistant county attorney from that is all that can be done is very difficult.” 1960-61 and then worked in private practice from 1961-80. Judge McReynolds-Farm believes the ability to be and stay objective is the most important trait Among his most memorable cases was litigation for someone in her position or for any judge. related to the liability of tobacco companies in “It is a bit like taking the bar exam every day. failing to advise the public in a timely manner It is important to stay focused on the law and about the hazards of smoking. “Those cases the facts no matter how impassioned, angry, involved a great many parties and lawyers and ruthless, self-righteous and disappointed the some unique legal issues,” he said. parties may be in (or with) each other. …I am trying to ensure that everyone follows the rules During his years on the bench, Judge Jackson and is fair in the employment context,” she said. has come to identify patience as a prime virtue for a judge. “Judges must be patient and listen Judge McReynolds-Farm came to her present to the views of all parties to litigation as they position following four years as a staff attorney try to arrive at an appropriate decision,” he said. with the Kansas Department of Social and Judge Jackson should have a good sense of the Rehabilitation Services and a year as specialist judiciary, his father, Schuyler W. Jackson, was assistant attorney general with the Kansas dean of Washburn Law School for about ten Department of Health and Environment. years, then became a Kansas Supreme Court “In both positions, I was given opportunities Justice from 1958 to 1964. to represent the agency in one way or another with regard to employment issues. With that Judge Jackson describes the practice of law as a experience and a good education, it was an rewarding career and one of service to the com- almost natural progression to my present work,” munity. “Lawyers are in a unique position to she said. provide help to many sectors of society in resolving and settling controversies. There is an enormous variety of ways in which members of the legal profession can be of service to all elements of society,” he said.

As for the judiciary, he is a strong supporter of the non-partisan selection of judges. “It is important to maintain an independent judici- ary--one of the cornerstones of our democracy,” he said. 18 Spring/ Summer 2003 Dedication to Justice

The Honorable The Honorable Maurice "Buck" Joseph W. Morris '47 O'Keefe '53

Judge Morris has a long and At age 74, retired Judge varied career in the law. Maurice O'Keefe, Atchison, Since 1984, he has been a member of the board Kansas, advises young lawyers and shareholder of Gable & Gotwals, a law firm to work hard in their profession but keep a in Tulsa, Oklahoma. Earlier positions include balance in their family and social life. “It is vice president and general counsel of Shell Oil not necessary to be brilliant to be a successful Company, general counsel of Amerada lawyer. Being well prepared and persistent are Petroleum Corporation and chief judge for the just as important as intellect. My lifelong motto United States District Court for the Eastern that I profess to my seven children is NEVER District of Oklahoma. He is a former dean of GIVE UP,” he said. the College of Law at the University of Tulsa, where he was also an adjunct professor of law Judge O'Keefe practiced law in his home town for twenty years. of Atchison for 25 years before being appointed to the Kansas judiciary in 1981. “Those years During the past fifteen to twenty years, Judge as a trial attorney uniquely qualified me to Morris has spent approximately ninety percent assume the judgeship. Probably the most of his time on Alternative Dispute Resolution important trait of a judge is being fair. It is (ADR) matters. He has chaired or served as an also important to be even tempered and relate arbitrator in significant commercial arbitrations to people on their own level,” he said. throughout the United States and in Australia, England and the United Arab Emirates. In “One thing I've learned as a lawyer and judge approximately two-thirds of the cases, he was is to understand human nature. All kinds of panel chairman or the sole arbitrator. He also people pass before you in a courtroom. Because has substantial experience as a mediator, a mini- I was a judge in a fairly small county, I handled trial neutral and a court-appointed settlement all types of cases. The most unusual was a judge. In 1991, he taught ADR at the murder case involving a sex slave situation. International Development Law Institute in Child custody cases were the most difficult Rome. decisions. Sometimes both parents seemed to be good parents, and sometimes neither parent He recently served as Special Master for seemed fit. I agonized over custody cases the “In re: Copeley Pharmaceutical, Inc., most. But whatever the case, life was never 'Albuterol' Products Liability Litigation,” boring.” a mass tort class action case. Since his retirement in 1996, Judge O'Keefe has Judge Morris's many memberships include the continued a limited law practice from his home National Panel of Distinguished Neutrals, the office. Arbitration Commission and the Arbitration Appeal Panel of the Legal Program of the CPR Institute for Dispute Resolution, New York. He serves on the American Arbitration ❝NEVER Association's Energy Panel and its Complex Case Panel of Arbitrators. He is a member of the Advisory Board of the Institute for GIVE UP.❞ Transactional Arbitration of the Center for American and International Law. He is listed in The Best Lawyers in America. -Judge O’Keefe

19 The Washburn Lawyer Dedication to Justice

PHOTO NOT AVAILABLE The Honorable The Honorable Jay Don Nancy E. Parrish '85 Reynolds '66 Public school teacher, private practice attorney, As a Marine Corps officer-lawyer in the 1960s, state senator, member of the Kansas State Board Jay Don Reynolds saw duty in Virginia, Rhode of Tax Appeals, Secretary of Revenue for the Island, California, Okinawa, Vietnam, and State of Kansas, Shawnee County Juvenile . Then he came back to Kansas. He Court guardian ad litem (attorney for the best took a position with a Dodge City law firm interest of the child). and commenced practice in Cimarron in the fall of 1969. His career in public service began Judge Parrish of Topeka held all of those posts in January 1971, when he was sworn in as Gray leading up to her current position as judge of County Attorney, a position he held for six Division 14 of the Third Judicial District of years. In 1972, he was appointed municipal Kansas. She also chairs the Kansas Supreme judge of Scott City, and in 1977 he filled an Court's Child Support Guidelines Advisory unexpired term as an associate district judge Committee, serves on the executive board of of the Sixteenth Judicial District of Kansas. the Kansas District Judges Association and is a Later, he became a district judge and, finally, member of the Kansas Judicial Council PIK chief judge before retiring in 2001. (Pattern Instruction Kansas) Advisory Committee. Judge Reynolds notes that, along the way, he learned a great deal about human emotions and To accomplish all this, Judge Parrish draws on behavior. He cites four points as being of par- her people skills, the trait she identifies as most ticular interest: important for being a judge. “Judges must treat ● When dealing with the legal controversies of all parties to a case with respect, possess an abil- people, there is almost always a governing emo- ity to listen and process information and main- tional undercurrent that must be addressed and tain an even temperament,” she said. considered before a good resolution can result; ● The carrier of anger toward another is more Judge Parrish finds her work challenging and burdened than the target; enjoyable as she remembers some unique and ● A compromise is usually more effective and difficult cases. “Some of my most memorable just than a verdict; and cases were domestic relations cases in which ● Antisocial conduct is fueled by poor self- 'custody' of animals was at issue. The 'abused' esteem. talking parrot who was indulged by one spouse with beer was a classic,” she recalled. “One of That final point has become one of his greatest the more significant cases was a declaratory concerns. “Society must recognize that our judgment action brought by Blue Cross Blue children are our greatest natural resource and Shield of Kansas against the Attorney General parents are the stewards of that resource. As to determine whether Blue Cross Blue Shield stewards, parents must be held accountable and was a non-profit corporation.” responsible, but they must also be given authori- ty and education. If we can put space stations in orbit, why can we not teach parents how to nurture and rear a child with sufficient self- esteem to resist gangs, mood- and mind-altering substances and other negative and destructive influences?” he asks. He then adds: “Legislative solutions to social problems are stillborn with- out adequate public funding.” 20 Spring/ Summer 2003 The Honorable The Honorable Keith L. Roberts '80 Keith Sanborn '50 Keith Sanborn's career in Judge Roberts worked in many courtrooms in Sedgwick County (Wichita) Kansas, followed his his 20-plus years as an attorney and judge. dr eam: county attorne y , district attorney and None are more memorable than the one in a finally District Court judge. Now ret i r ed, Judge climate-controlled tent at Prince Sultan Air Sa n b o r n perfo r ms many marriages. “I had a won- Base, where he presided over the first two cases de r ful caree r . It's a wonderful life,” he said. tried in Saudi Arabia following the 1991 Gulf War. One involved the theft of personal items Throughout his career, Judge Sanborn followed from an airman, and the second involved pro- the principles he describes as important for curement fraud. He arrived in Saudi Arabia at all judges. He gave fair consideration to all midday when the temperature was 125 °, an litigants, striving to insure justice was done experience that sparked the thought, “I'm not for everyone. And, along the way, he saw and in Kansas anymore,” in the Syracuse, Kansas, learned many things. He summarized some native. of the most interesting and important: ● Most people try to do the right thing most Judge Roberts, commissioned as an Air Force of the time, officer through the Washburn University Air ● People in the community will help you do Force Reserve Officer Training Corps, entered your job if you ask, active duty as a Judge Advocate in 1981. ● Protect trial by jury with your very being. Military assignments took him to Georgia, , Alabama, Cuba and Washington, It is that final point that causes him great DC. concern. “The Constitution and Bill of Rights are under attack in the name of security,” he He joined the White House Office of said. “They must be protected by lawyers and Administration, Office of the General Counsel, judges if our freedom is to endure.” in 2002. “We provide legal advice on a broad range of legal areas such as government agency And of his law school alma mater he said, law, employment and EEO law, ethics, contract- “A Washburn legal education fits graduates ing and procurement law, fiscal law, records to resolve real problems of real people in the management and information disclosure includ- real world. Students should study hard, revere ing the Freedom of Information Act and Privacy the profession of law and protect the rights and Act,” Judge Roberts said. freedoms guaranteed by the Constitution to all.” During his international travels, Judge Roberts gained a great appreciation of “all the wonderful things we have in the U.S., especially our free- doms. And, I learned that good old-fashioned values such as honesty and hard work, that are ❝Protect trial so common to those of us from Kansas, are quickly recognized and appreciated by others,” by jury with your he said. very being.❞

-Judge Sanborn 21 The Washburn Lawyer The Honorable Edward Paul Schneeberger '73 The Honorable Judge Schneeberger came to William Neil his position as a U.S. Administrative Law Judge Shepherd ’67 for the Social Security Administration through a nationwide competi- Judge Shepherd has spent many years helping tion. Some 1,600 attorneys filed applications children and families. Judge Shepherd served and references, completed a written test, and as Sacramento County’s first Child Support were interviewed. “The test reminded me of Commissioner from June 1993 until he semi- the bar exam,” he recalled. Only 60 applicants retired and began working a reduced case load made the cut and were placed on an eligibility in March 2002. In addition to his child support list. “I waited over two years before I was called duties, he also served as the primary back up for for a final interview and ultimately assigned to the three family law courts. Downey, California,” Judge Schneeberger said. After graduation Judge Shepherd served as a Although Judge Schneeberger says there is not Judge Advocate General in the Air Force until much glamour in adjudicating disability cases, 1972. He then went to work as a prosecutor he is committed to serving the people who for the Sacramento County District Attorneys come before him. “We serve an area including office. In 1973, he started his own firm practic- South Central Los Angeles, Watts, Compton, ing first in general then family law until his and other places that have gained at least a appointment as Child Support Commissioner pretty tough reputation. Hence, many of the in 1993. cases I hear are for persons who qualify, by income and resources, for welfare. However, Judge Shepherd said “I have learned that you it is encouraging that our government has can’t help all of the people all the time, but you programs to try to help those who are unable can help some of the people some of the time.” to work,” he said. Living by that motto, Judge Shepherd strives to better the lives of children, whose parents are Prior to his appointment to the bench, he involved in family law matters. served in the Air Force as a Judge Advocate for four years after graduation. He then Judge Shepherd tells students to “work and returned to Leavenworth and practiced law study hard every day” and gives lawyers 3 rules for twenty years. he believes you should live by, they are “first, do the best job you possibly can for your client; sec- “I did not realize it at the time, but Washburn ond, get the money and third don’t put the sec- University School of Law gave me a sound legal ond rule before the first rule.” education,” Judge Schneeberger said. “I have been able to compete successfully in the legal Judge Shepherd has received the Child Support profession in military law, private practice, and Commissioner of the Year and National Child the judicial area.” Support Judicial Officer of the Year awards. He is currently a certified family law specialist and Judge Schneeberger enjoys participating in a member of the California Bar Association. activities and programs that support and encour- age young people. He urges students and others with an interest in the legal profession to talk with someone in the profession about the ❝...work and study nature, challenges and rewards of a legal career. “I try to be available to young people to answer ❞ such questions,” he said. hard every day. 22 -Judge Shepherd Spring/ Summer 2003 Dedication to Justice

The Honorable The Honorable Edward A. James B. Stewart '78 Simons '65 Maintaining and improving Judge Simons saw a lot during public confidence in the his 25 years on the bench- judiciary are issues of concern -fifteen years as a judge on the Denver County and importance for Judge James Stewart of the Court (six and one-half years as chief judge) Circuit Court, Ninth Judicial Circuit, Knox and 10 years on the Denver District Court. County, Illinois, located in Galesburg. With He retired in June 2000. Prior to taking the seventeen years on the circuit court bench, bench, Judge Simons entered private practice first as an associate judge and since 1996 as a in Golden, Colorado after graduation and later circuit judge, he believes involving members of worked as a Deputy District Attorney in the public in judicial proceedings is a practical Denver. In 1970 he became Administrative method of accomplishing that goal. Assistant for Congressman Mike McKevitt in Washington, DC, heading up offices in Denver Judge Stewart supports a number of programs and D.C. He also served as an Assistant that involve community volunteers assisting Attorney General for the State of Colorado the judiciary. He encouraged formation of a for several years. Victim's Impact Panel to bring citizens victim- ized by drunk drivers into the criminal process Some of Judge Simons cases still haunt him. to instruct violators in the consequences of their “I will always remember the senseless case of drunk driving. He encouraged formation of one a squeaky clean, 30-year-old man who became of Illinois' first CASA (Court Appointed enraged with the antics of another driver on Special Advocates) programs to represent the the road,” Judge Simons said. “This fellow, interests of abused and neglected children in without even a traffic ticket to his name, shot Knox County. And, he encouraged and assisted a gun through the window of the other vehicle, in the development of a countywide community killing the passenger. After trial, I was required service program that involves not-for-profit to sentence him to life imprisonment, without corporations, governmental entities and church- the possibility of parole.” es in providing community service opportunities for young people and nonviolent offenders. Judge Simons points to the need for honesty in the legal profession and the courts as one of his “Not only do these organizations involve passions. “I've tried to figure out how to pro- citizens in the work of the judiciary, but they mote honesty in the courtroom and among the also set up a system of court watchers that young lawyers in particular,” he said. “For monitor the work of the court system and example, hardly a criminal case goes by without serve as a link to the community in keeping lies from the witness stand. More young lawyers the community informed of the job we do than in the past don't have any compunction and the problems that afflict the area,” Judge against dishonesty outside the courtroom to get Stewart said. ahead.” Judge Stewart came to the bench following Nevertheless, Judge Simons found his career a career as partner in a general practice law challenging and fulfilling, and he views a law firm. “It is important for young attorneys to degree as a stepping stone to many opportuni- link in some way to a law firm where they can ties. “The study of law opens the door to so be guided by more experienced hands. They many careers. If you can stop once in a while must be observant and accept the advice of to 'smell the flowers,' a career based on the law older, more experienced practitioners in order is almost guaranteed to provide many more good to develop and grow professionally,” he said. times than bad,” he said. 23 The Washburn Lawyer Dedication to Justice

The Honorable Charles A. Stokes '82 As a student at Washburn University School of Law, The Honorable Judge Stokes never considered or imagined that most--or Harold Robert even any--of his law career would be spent in Towslee '71 the judiciary. Indeed, it didn't even cross his Judge Towslee has been judge mind during the first few years after his gradua- for the 335th Judicial District Court of Texas tion while he rented office space in Dallas tak- since its inception in 1983. First appointed by ing mostly business and collection cases. the Governor, he has been re-elected every four years since, four out of five times in unopposed Nevertheless, he is now Judge Charles Stokes elections. of the 68th Judicial District Court of Dallas County, Texas. He came to the civil district The court serves four central Texas counties, court bench at the urging, encouragement and with jurisdiction in all felony criminal cases, recommendation of friends and other elected family law matters, civil matters, cases involving officials who persuaded him to run for election. title to land, election contest cases and juvenile Judge Stokes served two years as a municipal matters. Judge Towslee brings what he believes judge in Garland prior to being elected. is the most important trait for a judge to the bench: patience. “A judge should be a good lis- Judge Stokes feels strongly about the need to tener,” he said. “Let witnesses and lawyers have preserve the right to trial by jury because it is their say. In my opinion, they will be more sat- one of the great founding principles of this isfied with the outcome if they feel that they country. “Jurors collectively have a tremendous have had their 'day in court.'” He also states, ability to get to the substance and truth of a “Your reputation is the most valuable asset you matter,” he said. have, protect it at all cost.”

After presiding over approximately 400 jury tri- He finds cases involving children of great con- als and 2,000 bench trials, Judge Stokes said it is cern. “Children who are victims of … difficult to pick one or a few cases as being most victims of divorce…victims of negligent par- memorable or unique. “Commercial cases seem ents--these cases are so sad…. I am physically to be the most challenging from a legal stand- and emotionally drained whenever I finish a point. Jury trials with pro se parties are the trial involving children. I would love to some- most difficult and unique challenge,” he said. how protect children from the damage public trials cause.” His advice to students and young attorneys: “Have faith in yourself. Don't set limits on And yet, other cases are even more difficult: what you want to do or accomplish,” said Judge capital murder cases. Judge Towslee has tried Stokes, who never expected to be a judge. two such cases, one involving the death of six individuals including four small children. In both cases, he was impressed with the quality of the work and the effort put forth by prosecution and defense lawyers. “Much of their work ❝Have faith in involved legal research, trial strategy, witness interviewing and preparation outside the court- yourself. Don’t set room,” he said. “Lawyers have a tremendous responsibility to see that the jury gets all the limits on what to information it needs to make the right decision in this life or death situation.” do or accomplish.❞

24 -Judge Stokes Spring/ Summer 2003 The Honorable Gregory L. The Honorable Waller '72 James R. Van Judge Waller is a good listen- Orsdol '73 er. He uses that skill daily as Colonel James Van Orsdol judge for Division 5 of the 18th Judicial District is chief judge of the Air Force of Kansas located in Wichita. Judge Waller was Court of Criminal Appeals at Bolling Air Force appointed to the bench in 1993 and has been Base, Washington, DC. Nine senior active- elected thereafter. His passion, he said, is “jus- duty judge advocates and four reserve judge tice for all people.” advocates comprise the court, which has largely mandatory first-level appellate jurisdiction over Both civil and criminal cases hold Judge convictions by courts-martial in the Air Force. Waller's interest. “People never cease to amaze They review convictions for both errors of law me,” he said. and fact. The court has the power to reduce or set aside any finding of guilt and to approve “Washburn University School of Law provided or reduce any sentence as it determines appro- a strong foundation for my legal pursuits,” priate. The court generally sits as three-judge Judge Waller noted. Prior to becoming a judge, panels. Judge Van Orsdol designates the panels he practiced with the Wichita law firm of and appoints senior judges to preside in each. G. Edmond Hayes; was partner in Hayes & Between 450 and 500 cases are received Waller, also in Wichita; and was assistant dis- annually. trict attorney in Wichita from 1975 until 1993.

Judge Van Orsdol began his military career in “I would encourage prospective students to 1973, following participation in the Reserve choose Washburn because it provides a high Officer Training Corps during his years at quality legal education at an affordable price. Washburn University School of Law. His The School has long enjoyed a reputation of assignments have involved nine years in providing its graduates with a good practical Europe and three years in Asia. During one education,” Judge Waller said. assignment, he was legal officer to the Military Committee of the North Atlantic Treaty And, he offers words of wisdom, gleaned from Organization (NATO) in Brussels, with subordi- personal experience, to students and up-and- nate legal offices in almost all of the 19 NATO coming young lawyers: “Always strive for the nations. "I have worked with attorneys from best. Life will inevitably throw stumbling many countries and compared their legal blocks in your path, but none that can't be systems with ours," Judge Van Orsdol said. overcome.” "Although legal systems can vary widely, I have found attorneys around the world are quite similar in their analysis of issues and logical approach to problem solving."

"We have established that the United States and the U.S. armed forces can help spread the values of democracy and fundamental concepts of fairness and due process through outreach programs in Africa, Asia and eastern Europe. I suggest we must continue to…expand these efforts and help bring faith in the law to many in what have been virtually lawless societies," Judge Van Orsdol said.

25 The Washburn Lawyer homage to...

The following are several deceased alumni who have been members of the judiciary. Many others who also have served in the judiciary are included in the feature article on page 4 and in the In The Honorable Memoriam section on page 46. Others have been Dale E. Saffels '49 highlighted and mentioned in previous magazines. Dale Saffels was a judge of the U.S. District We regret due to space constraints, we are not able Court, District of Kansas, from 1979 and con- to mention all who have passed. tinued to hear cases as a Senior Judge until his death in November 2002. Speaking at his memorial service, Michael Hegarty, one of his former law clerks and a long-time friend, recalled four of Judge Saffels finest traits: Christian faith, love of family, friendship, and The Honorable fidelity to his oath. Sherman A. Parks '55 Judge Saffels’ career was one marked by public Sherman Parks 1924-1996, service. As a young man during World War II, served as a judge on the Kansas he was a major in the U.S. Army Signal Corps State Court of Appeals from before completing his education at Emporia 1977 until his retirement in 1987. He was the State University and Washburn University first African-American appellate judge in School of Law. Upon graduation, he entered Kansas and the highest ranking African- private practice in Garden City in 1949 and two American judicial officer in the state. years later was elected county attorney of Finney County, Kansas, a position he held for Judge Parks' distinguished law career included four years. For the next eight years, he served terms as assistant county attorney for Shawnee in the Kansas House of Representatives, the last County and in Kansas state government as two years as minority leader before winning the assistant to the attorney general assigned to Democrat Party’s nomination for Governor in the Alcohol Beverage Control Division, assis- 1962. He was a member of the Kansas tant attorney general, and chief counsel for Corporation Commission from 1967-1975, serv- the secretary of state's office. ing as chairman from 1968-1975. He was in pri- vate practice in Wichita when President Jimmy Long interested in education, Judge Parks Carter nominated him to the federal bench in was a member and chairman of the Washburn 1979. University Board of Regents. He was an adjunct assistant professor on the Washburn Judge Saffels' fidelity to his oath was well University School of Law faculty and a member known. “Not only did Judge Saffels believe that of the Board of Governors of the Washburn the law should be administered impartially, but Law School Association. He received the also that it must be done expeditiously. If ever a Washburn Alumni Association Distinguished person lived by the motto that justice delayed is Service Award in 1987 and an Honorary justice denied, it was Judge Saffels,” Mr. Hegarty Doctor of Laws degree from Washburn Law said. “He always carried a big case load. Even in 1990. after he became a senior judge (in 1990), which meant he could reduce his case load if he want- ed, he kept the same busy docket as an active judge. He had an outstanding work ethic.”

Judge Saffels served from 1974-1975 and 1977 to 1982 on the Washburn Law School Association Board of Governors. He was award- ed the first annual alumnus of the year award by the students of Washburn Law School in 1983 and received the Distinguished Service Award 26 from the Washburn Law School Association in Spring/ Summer 2003 1987. The Honorable George Templar '27 George Templar 1901-1988, a Republican, was nominated to be United States District Judge for the District of Kansas in 1962 by The Honorable President John F. Kennedy, a Democrat. He served until taking senior status in 1974. He Mary R. later served as a district judge in Kansas and in Schowengerdt '57 other districts needing judicial assistance and by Mary Schowengerdt 1930-1990 received her law assignment on the Court of Appeals in the 7th, degree cum laude from Washburn University 9th, and 10th circuits. School of Law in 1957. She engaged in the general practice of law in Topeka from 1957 to To finance his college and law school education 1974, becoming a partner in Irwin, Irwin and in the 1920s, Judge Templar worked full time as Schowengerdt in 1966. She was legislative a motorcycle policeman with the City of counsel from 1965-1976 before becoming an Topeka. associate district judge, probate division for the third judicial district, Shawnee County, Kansas. After graduating cum laude from Washburn University School of Law, he returned to his Judge Schowengerdt was a member of the native Cowley County, Kansas. He practiced Washburn Law School Association Board of law there with only one interruption until his Governors from 1974-75 and 1977-83, serving appointment as a federal district judge. That as vice-president, president elect and president. interruption was for brief service as United She also was a member of Board of Trustees, States Attorney for the District of Kansas, a United Campus Ministry at Washburn from position he resigned to run for the Republican 1958-1965; she was president in 1964. Judge nomination for governor. Schowengerdt was recognized by Washburn University as the 1980 Monroe Award recipient. Although his bid for governor was unsuccessful, Judge Templar served terms in the Kansas House of Representatives and Senate.

He was a member of the Board of Governors of Washburn University School of Law, received ❝We must forever an Honorary Doctor of Laws from the School and received the Distinguished Service Award from the Washburn Law School Association. realize that the Other honors included Fellowship in the International Academy of Trial Lawyers, an time is always Award of Merit from Southwestern College, the Medal of Honor from the National Society of ripe to the Daughters of the American Revolution, and the Award of Merit from the Association of do right.❞ Trial Lawyers of America.

-Nelson Mandela

27 The Washburn Lawyer