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Employer Use of Facebook and Other Social Media in Hiring JUNE 2013 • VOLUME 82 • NO. 6 Employer Use of Facebook and Other Social Media in Hiring JUNE 2013 • VOLUME 82 • NO. 6 The Journal THE Board of Editors OURNAL of the KANSAS BAR ASSOCIATION Your Partner in the Profession • www.ksbar.org Richard D. Ralls, Chair Shawnee Mission Terri Savely Bezek, BOG liaison Topeka Joan M. Bowen Wichita Hon. David E. Bruns Topeka J Boyd A. Byers Wichita Toby J. Crouse Overland Park Focus Emily Grant Topeka Connie S. Hamilton Topeka Employer Use of Evan H. Ice Lawrence 20 Katharine J. Jackson Manhattan Facebook and Other Michael T. Jilka Lawrence Lisa R. Jones Topeka Social Media in Hon. Janice Miller Karlin Topeka Casey R. Law McPherson Hiring Julene L. Miller Topeka By Mark Bannister, Anthony Gabel, Hon. Robert E. Nugent Wichita and Derek Ulrich Professor John C. Peck Lake Quivira Rachael K. Pirner Wichita Karen Renwick Kansas City, Mo. Teresa M. Schreffler Mission Richard H. Seaton Sr. Manhattan Items of Interest Regular Features Sarah B. Shattuck Ashland Richard D. Smith Topeka 08 Battlemind 06 President’s Message Marty M. Snyder Topeka Matthew A. Spurgin Topeka 11 The Diversity Corner: 07 Young Lawyers Section News Catherine A. Walter Topeka Career Crossroads: A Issaku Yamaashi Overland Park Collaboration Between the KBA 09 Law Practice Management Diversity Committee and KWAA Tips & Tricks 19 Welcome Spring 2013 Admittees 10 A Nostalgic Touch Richard D. Ralls, Chairperson to the Kansas Bar 12 Law Students’ Corner [email protected] Beth Warrington, Communication Services Director 37 Supreme Court Rule 174: Rules 13 Members in the News [email protected] Relating to District Courts – Journal Entry Forms for Child in 13 Obituaries Need of Care, Juvenile Offender, and Domestic Care Relations 14 Substance & Style Supreme Court Rule 610: Rules 38 Appellate Decisions OUR MISSION 37 Relating to Judicial Conduct 39 Appellate Practice Reminders 50 Classified Advertisements The Kansas Bar Association is dedicated to advancing the pro- fessionalism and legal skills of lawyers, providing services to its members, serving the commu- nity through advocacy of public policy issues, encouraging public understanding of the law, and promoting the effective admin- istration of our system of justice. www.ksbar.org The Journal of the Kansas Bar Association | June 2013 3 Sponsored by ETHICS FOR GOOD XIV 2.0 CLE credit hours, including 2.0 ethics and professionalism credit hours approved in Kansas & Missouri Where Does the Money Go? How Do We Sign Up for this Amazing Our designated charities for 2013 are: Program? • CASA (Johnson/Wyandotte Counties) For a mere $90, you get both the ethics and the good, • Safehome and Hope House (domestic violence programs) the entire Ethics for Good. • Metropolitan Organization to Counter Sexual Assault (MOCSA) To register for this program, complete the form below or • Kansas Bar Foundation at: • In addition, we will fund Ethics for Good Scholarships to register online each of the KU, Washburn and UMKC Law Schools and the Johnson County Community College paralegal program. www.ksbar.org Who Are the Presenters? June 27, 2013, 2:30 – 4:10 p.m. The Nelson-Atkins Museum of Art, Atkins Auditorium 4525 Oak St. Stan Davis, Shook, Hardy & Bacon LLP Parking: $5 museum Kansas City, Mo. Mark Hinderks, Stinson Morrison Hecker LLP non-member parking fee Hon. Steve Leben, Kansas Court of Appeals Jim Griffin, Husch Blackwell Sanders LLP June 28, 2013, 2:30 – 4:10 p.m.* Todd LaSala, Stinson Morrison Hecker LLP Polsky Theatre, JCCC Carlsen Center Lori Schultz, Shook, Hardy & Bacon LLP 12345 College Blvd. (College & Quivira) Hon. Melissa Standridge, Kansas Court of Appeals Overland Park, Kan. *Reception sponsored by the JCCC Foundation Questions? Contact Deana Mead, KBA Associate Executive Director, at [email protected] or at (785) 234-5696. Please mark the date you will be attending: June 27 June 28 Name ETHICS FOR Address GOOD XIV City ST Zip E-mail Sup. Ct. # $90 Bill to: MasterCard Visa AmEx Discover Check Enclosed Payable to: Account Number CVC Kansas Bar Foundation 1200 SW Harrison St. Exp. Date Signature Topeka, KS 66612-1806 TABLE OF CONTENTS CON’T. Article ... serving the citizens of Kansas and the 16 legal profession through funding chari- Social Media Wills – table and educational projects that foster the welfare, honor, and integrity of the legal system by improving its accessibility, Protecting Digital Assets equality, and uniformity, and by enhanc- By Nicole Schneider ing public opinion of the role of lawyers in our society. Kansas Law Center 1200 SW Harrison Topeka, Kansas 66612-1806 Telephone: (785) 234-5696 Cover layout & design by Ryan Purcell Fax: (785) 234-3813 [email protected] Website: www.ksbar.org OFFICERS Joni J. Franklin Wichita President [email protected] Katherine L. Kirk Lawrence President-elect [email protected] Edward J. Nazar Wichita Secretary-Treasurer [email protected] Daniel H. Diepenbrock Liberal Immediate Past President [email protected] BOARD OF TRUSTEES Hon. Glenn R. Braun Hays Melissa R. Doeblin Topeka Holly A. Dyer Wichita Gregory P. Goheen Kansas City, Kan. James L. Hargrove El Dorado Aaron L. Kite Dodge City Charles D. Lee Hutchinson Kurtis I. Loy Pittsburg Amy E. Morgan Overland Park C. David Newbery Topeka Susan G. Saidian Wichita Todd N. Thompson Lawrence Kenneth W. Wasserman Salina Hon. Evelyn Z. Wilson Topeka Vincent M. Cox Topeka Young Lawyers Representative Margaret A. Farley Lawrence Kansas Association for Justice Representative Patrice Petersen-Klein Topeka Kansas Women Attorneys Association Representative William L. Townsley III Wichita The Journal of the Kansas Bar Association is published The Kansas Bar Association and the members of the Kansas Association of Defense monthly with combined issues for July/August and Board of Editors assume no responsibility for any Counsel Representative November/December for a total of 10 issues a year. opinion or statement of fact in the substantive legal Laura L. Ice Wichita Kansas Bar Association Periodical Postage Rates paid at Topeka, Kan., and articles published in The Journal of the Kansas Bar Representative at additional mailing offices. The Journal of the Kan- Association. Bruce W. Kent Manhattan sas Bar Association (ISSN 0022-8486) is published Kansas Bar Association by the Kansas Bar Association, 1200 SW Harrison For display advertising information contact Representative Bill Spillman at (877) 878-3260 or email bill@ Timothy M. O’Brien Kansas City, Kan. St., Topeka, KS 66612-1806; Phone: (785) 234- innovativemediasolutions.com. For classified ads Kansas Bar Association 5696; Fax: (785) 234-3813. Member subscription Representative is $25 a year, which is included in annual dues. contact Beth Warrington at (785) 234-5696 or email [email protected]. Publication of adver- EXECUTIVE DIRECTOR Nonmember subscription rate is $45 a year. POST- tisements is not to be deemed an endorsement of Jordan E. Yochim Topeka MASTER: Send address changes to The Journal of [email protected] the Kansas Bar Association, 1200 SW Harrison St., any product or service advertised unless otherwise indicated. MANAGER, PUBLIC SERVICES Topeka, KS 66612-1806. Anne Woods Topeka COPYRIGHT 2013 [email protected] Kansas Bar Association, Topeka, Kan. www.ksbar.org The Journal of the Kansas Bar Association | June 2013 5 FROM THE PRESIDENT LEE M. SMITHYMAN Merit Selection and Our KBA n May 10, 2013, the chairmen of the House and Rep. Kinzer’s proposals were introduced in the final days of Senate Judiciary committees generated a “5-4” merit the legislature, following the KBA’s unanimous determination selection proposal for which they requested KBA that it could not endorse a “5-4” merit selection proposal. Are Oendorsement. The proposal was to generate a constitutional these legitimate proposals truly intended to benefit Kansas? amendment for appointment of Supreme Court justices and Or are these proposals the result of a representative displeased Court of Appeals judges from a nominating commission sub- with the KBA’s position on merit selection? ject to the following: When next year’s legislature convenes, I hope cooler heads will prevail. Kansans can and should agree upon a merit se- • The commission would be comprised of (i) five gu- lection process that (1) receives input from each of the three bernatorial appointments, each serving at the pleasure branches of government, (2) appoints only our best and of the sitting governor; and (ii) four attorneys, one brightest attorneys to an appellate position, and (3) promises elected from each Kansas congressional district; that each practicing attorney has the opportunity (with the • After completion of an application and interview pro- right credentials and reputations) to be nominated. I sincerely cess, the commission’s recommendations would ex- believe that we can accomplish this goal. The KBA, whose pand to five names sent to the governor for selection; governors unanimously favor merit selection, has generated • There would be Senate confirmation of the guberna- two very different proposals, the “4-5-6” plan and the “4-4-1” torial selection. plan. While each diminishes the responsibility of attorneys on the commission, each provides attorneys with a place on the The legislators indicated that they would attempt to obtain commission while generating meaningful input from all three approval in this legislative session if there was KBA endorse- branches of government. ment of the proposal. Otherwise, they would not. My year is coming to a close. I am disappointed that the On Tuesday, May 14, the KBA’s Board of Governors met Kansas legislature eliminated merit selection for Court of Ap- via telephone conference to consider the proposal. By a vote peals appointments, in favor of gubernatorial selection subject of 28-0, the Board unanimously rejected endorsement of the to Senate confirmation. Kansas is now one of the few states “5-4” proposal to change the Supreme Court merit selection in our union in which district court judges, Court of Appeals process.
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