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THE OURNAL of the Kansas Bar Association March 2005 • Volume 74 • No

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THE OURNAL of the Kansas Bar Association March 2005 • Volume 74 • No THE OURNAL of the Kansas Bar Association March 2005 • Volume 74 • No. 3 Kansas Bar Association Districts Let Your Voice •--t--flverland be Heard! Park KBA Board of GovernorsRe presentatives PRESIDENT: YOUNG LAWYERS SECTION PRESIDENT: Thomas E. Wright Michael P. Crow Eric G. Kraft (785) 232-2200 Topeka (913) 682-0166 Leavenworth (913) 498-3536 Overland Park [email protected] [email protected] [email protected] DISTRICT 6: PRESIDENT-ELECT: KDJA REPRESENTATIVE: Gabrielle M. Thompson Richard F. Hayse Hon. Patricia A. Macke Dick (785) 537-2943 Manhattan (785) 232-2662 Topeka (620) 694-2972 Hutchinson [email protected] [email protected] dick@ourtownusa. net DISTRICT 7: VICE PRESIDENT: DISTRICT 1: Laura L. Ice David J. Rebein Thomas J. Bath Jr. (316) 660-1258 Wichita (620) 227-8126 Dodge City (913) 652-9800 Overland Park [email protected] [email protected] [email protected] Rachael K. Pirner SECRETARY-TREASURER: Timothy M. O'Brien (316) 630-8100 Anne Burke Miller (913) 451-6060 Overland Park Wichita (785) 539-6500 Manhattan [email protected] [email protected] [email protected] Hon. Stephen N. Six Mary Kathryn "Kathy" Webb EXECUTIVE DIRECTOR: (785) 832-5258 Lawrence (316) 263-5851 Wichita JeffreyAlderman [email protected] [email protected] (785) 234-5696 Topeka [email protected] DISTRICT 2: DISTRICT 8: Gerald R. Kuckelman Trish Rose IMMEDIATE PAST PRESIDENT: (913) 367-2008 Atchison (620) 663-7131 Hutchinson Daniel J. Sevart [email protected] [email protected] (316) 269-4215 Wichita [email protected] Jeffrey S. Southard DISTRICT 9: (816) 329-8527 Lawrence Hon. Kim R. Schroeder KBA DELEGATES TO ABA: [email protected] (620) 428-6500 Hugoton Linda S. Parks [email protected] (316) 265-7741 Wichita DISTRICT 3: [email protected] Hon. Rawley J. "Judd" Dent DISTRICT 10: (620) 330-1080 Independence Glenn R. Braun Hon. David J. Waxse chiefjudge@l 4thjud icialdistrict-ks.org (785) 625-6919 Hays (913) 551-5434 Kansas City [email protected] judge_ [email protected] DISTRICT 4: William A. Taylor III DISTRICT 11: KANSAS DELEGATE TO ABA: (620) 221-1120 Winfield [email protected] Melissa A. Taylor Thomas A. Hamill (913) 551-5405 Kansas City (913) 491-5500 Overland Park [email protected] [email protected] DISTRICT 5: Martha J. Coffman DISTRICT 12: ABADELEGATE AT LARGE: (785) 271-3105 Topeka [email protected] Michael A. Williams Hon. Christel E. Marquardt (816) 292-2000 Kansas City, Mo. (785) 296-6146 Topeka [email protected] marquardt@kscourts. o rg THJ�theJ 2YB���i� March 2005 • Volume 74 • No. 3 ITEMS OF INTEREST REGULARFEATURES 5 Kansas Supreme Court 6 Supreme Court Rule 707 - 4 President's Message Reinstates Reciprocal Application Fees 12 Law Students' Corner Admission 14 Young Lawyers Section News 15 Members in the News 8 Executive Director's Notes 15 Dan's Cartoon Saying Thanks to new Friends 16 Obituaries 34 CLE Docket 1 0 Member Profile: Legal Career and 36 Appellate Decisions Motherhood are not Mutually 44 Appellate Practice Reminders Exclusive forWichita Attorney 45 Classifieds 20 The Kansas Residential 11 KBF IOLTA ... Making a Difference Construction DefectAct: A Cover photo: The Old Dutch Mill was origi­ Schematic Blueprint forRepairs nally builtin 1879 on the Schonhojffarm near Wamego, Kan. It was moved piece by piece and By WyattA. Hoch 13 2005 KBA Nominating Committee reconstructedat its present location in the Nominations Wamego City Parkcirca 1924. Photo by Susan McKaskle, KBA managing editor. 17 Access to Justice Grant Applicants Giving Notice Sought otTon Clalmsto MunlclpaliUes Under 18 KBA Committees and Sections Seek Coming in April: 11.S.A.12-105bldl Volunteers Annual Meeting 24 Use it or Lose it - Giving Registration Notice ofTort Claims to 35 2005 KBA Annual Meeting At-a­ Municipalities Under K.S.A. Glance Information! 12-105b(d) By Teresa L. Sittenauer Our Mission: The Journal Board of Editors The Kansas Bar Associarion is dedicated ro advancing the profossionalism and legal skills of Connie Hamilton Topeka lawyers, providing services to its members, serving the community through advocacy of Mark D. Hinderks Overland Park public policy issues, encouraging public understanding of rhc law, and promoting rhe Ass1s·1;1NT EXECUTIVE DrnECIUR: RcnC Eichcm Evan Ice Lawrence effective adminisrr;irion of our system of justice. MANAGING EDITOR: Susan McKaskle Michael T. Jilka Kansas City Mana F. Linenberger Carbondale f The Journal o the KflnsflS Bar Associfltion is published monrhly with combined issues for Diane S. Worth, CHAIR Wichita Hon. Tom Malone Topeka July/August and November/December for a total of 10 issues a year, Periodical Posrage Rares Hon. Steve Leben, VICE�Cl-!Alll Olathe Michelle Masoner Kansas City paid ar Topeka, Kan., and at additional mailing offices. The journal of the Kansas Bar Gregory L. Ash Lawrence Julene Miller Topeka Association (ISSN 0022-8486) is published by rhc Kansas Bar Association, 1200 S.W. Anne L. Baker Topeka Brian J. Moline Topeka Harrison, l!O. Box 1037, Topeka, KS 66601-1037; Phone: (785) 234-5696; Fax: (785) 234- Hon. Monti L. Beier \Vichita Hon. Lawron R. Nuss Topeka 38 I 3. Member subscription is $25 a year, which is included in annual dues. Nonmember Terri Savely Bezek Topeka Hon. James I� O'Hara Overland Park subscription rare is $45 a year. POSTMASTER: Send address changes to The jonmal of the Hon. Donald \Y./. Bostwick \Vichita Prof. John Peck Lawrence Kamas Bar Association, l'O. Box I 037, Topeka, KS 66601-1037. Boyd Byers \f/ichita Mary D. Prewirr Topeka Hon. Nancy M. Caplinger Topeka Richard D. Ralls Kamm City Tamara Lee Davis Dodge City Michelle R. Mahieu Dodge City The Kansas Bar Association and the members of the Board of Edirors assume no Hon. jerry Elliott Topeka Prof. David L. Ryan Topeka responsibiliry for any opinion or statement of fact in the substantive legal arricles Mary Feighny Topeka Richard 1-1. Seaton Manhattan published in The joumalof the Kans/lsBar Associmion. Autumn Fox Abilene Marry M. Snyder Topeka J. Lyn Enlrikin Goering 7opeka Jeffrey A. Wierharn Topeka Publication of advcrrisemcnrs is nor ro be deemed an endorsemenr of any producr or service Dan Gronnigcr Topeka Martha Coffman, board liaison Topeka advertised unless otherwise indicated. f COPYRIGHT 2005 Kansas Bar Association,Topeka, Kan. Diane S. Worth, Board o Editors chairperson, [email protected] Susan McKaskle, managing edito1; smckaskle@ksba,:org FROMTHE PRESIDENT MICHAEL P. CROW Reciprocity and Pro Hae Vice and SCR 1601 (The Marriage Amendment) s you know, the SCR 1601 (The KBA proposed and Kansas Bar Calls on Members to Serve Marriage Amendment) has been diligently Military Reservists and National Guard advocating a Kansas Su­ A resolution to amend A the Kansas or U.S. con­ preme Court Rule to allow As Kansas National Guard and military reservists con­ for reciprocity with other tinue to be called to active duty, many worry about stitutions is a significant jurisdictions so that quali­ event lawyers. A number their families and details of unfinished business. In of years ago, I attended an fied Kansas lawyers may be response, the Kansas Bar Association is once again to admitted to practice law in ABA Annual Meeting in mobilizing its members to take some of the worry out London and had the oppor­ other jurisdictions (in par­ of leaving home. ticular surrounding states) tunity to talk with several English Barristers. without having to take The KBA has reactivated its "Project Call Up" program, another bar examination. 1990-91, One asked me, "How can which was originally initiated in _during �he you Yanks practice law See my President's Message, "Desert Storm" conflict. Project Call Up 1s a service Vol. 73, No.9, Page 4. under a written constitu­ where KBA members volunteer to draft basic wills and tion?" He was joking, of I am pleased to announce durable powers of attorney for the families of those that reciprocity (admission course, knowing full well affected by the war. These free legal services will_ be pro­ that an American lawyer without written examina­ vided to those who are on alert or called to active duty. tion) will become a reality could not imagine how you on July 1, 2005. The new could possibly practice law "The members of the Kansas Bar Association are com­ in a jurisdiction without a Kansas Supreme Court mitted to helping and honoring fellow citizen w�o Rule is based on the pre- �, written constitution. An serve our country and sacrifice for all of us, said amendment to our constitu­ 1987 rule to include mutu­ Michael Crow, president of the KBA. ality of admission with tion requires careful scrutiny. other jurisdictions; five (5) As you know, the Kansas Volunteers are still needed for this important program. Legislature has considered years of active practice For more information, just call Bar headquar ers at of law preceding applica­ � amending our state consti­ (785) 234-5696 or visit the KBA Web site at tution restricting marriage. tion; a $1,250 fee; as well as www.ksbar.org. a review by the Board of In mid-January, the KBA Law Examiners. The new Legislative Committee and rule is consistent with sur- the Board of Governors rounding state jurisdictions. A copy of the rule is published debated whether a position should be taken on SCR 1601 and, if so, whether to support or oppose. 011 the following page and can be found on the KBA Web site at www.ksbar.org. For admission requirements or ?1ore I am a member of the Legislative Committee. At its meet­ information, just visit the Kansas Judicial Branch Web site at ing, a motion was made that the committee should recom­ www.kscourts.org.
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