Secret Service" the Kansas Frontier Lawyers Who Protected Abraham Lincoln
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Your Partner in the Profession | June 2016 • Vol. 85 • No. 6 The First "Secret Service" The Kansas Frontier Lawyers who Protected Abraham Lincoln 22 | The First "Secret Service" The Kansas Frontier Lawyers who Protected Abraham Lincoln By James P. Muehlberger Photo Courtesy of the Library of Congress 10 | From Lawyer to Judge Practical Lessons from a Career Transition By Hon. Kevin M. Smith 12 | KALAP: Borrowing an Idea from the LGBT Movement By Anne McDonald Regular Features 6 | KBA President 21 | Members in the News By Natalie G. Haag 28 | Appellate Decisions 8 | YLS President By Justin Ferrell 29 | Appellate Practice Reminders 15 | Kansas Bar Foundation 41 | Upcoming CLE Schedule 16 | Substance & Style 43 | Classified Advertisements Hon. Stephen D. Hill 18 | Law Practice Management Tips & Tricks By Larry N. Zimmerman www.ksbar.org | June 2016 3 E Let your VOICE TH 2015-16 be Heard! KBA Officers & Board of Governors JOURNAL President OF THE KANSAS BAR ASSOCIATION Natalie Haag, [email protected] President-Elect 2015-16 Stephen N. Six, [email protected] Journal Board of Editors Vice President Gregory P. Goheen, [email protected] Secretary-Treasurer Richard D. Ralls, chair, [email protected] Bruce W. Kent, [email protected] Terri Savely, BOG liaison, [email protected] Immediate Past President Hon. David E. Bruns, [email protected] Gerald L. Green, [email protected] Boyd A. Byers, [email protected] Young Lawyers Section President Emily Grant, [email protected] Justin L. Ferrell, [email protected] Connie S. Hamilton, [email protected] District 1 Katharine J. Jackson, [email protected] Christi L. Bright, [email protected] Toby J. Crouse, [email protected] Michael T. Jilka, [email protected] Mark A. Dupree, [email protected] Lisa R. Jones, [email protected] Mira Mdivani, [email protected] Hon. Janice Miller Karlin, [email protected] District 2 Casey R. Law, [email protected] Hon. Sally D. Pokorny, [email protected] Julene L. Miller, [email protected] Sarah E. Warner, [email protected] Hon. Robert E. Nugent, [email protected] District 3 Professor John C. Peck, [email protected] Eric L. Rosenblad, [email protected] Rachael K. Pirner, [email protected] District 4 Karen Renwick, [email protected] Brian L. Williams, [email protected] Jennifer Salva, Journal Editor, [email protected] District 5 Teresa M. Schreffler, [email protected] Terri S. Savely, [email protected] Dennis D. Depew, [email protected] Richard H. Seaton Sr., [email protected] Cheryl L. Whelan, [email protected] Sarah B. Shattuck, [email protected] District 6 Richard D. Smith, [email protected] Tish S. Morrical, [email protected] Marty M. Snyder, [email protected] District 7 Matthew A. Spurgin, [email protected] Gary Ayers, [email protected] Catherine A. Walter, [email protected] Hon. Jeffrey E. Goering, [email protected] Meg Wickham, staff liaison, [email protected] J. Michael Kennalley, [email protected] Issaku Yamaashi, [email protected] District 8 Natalie Yoza, [email protected] John B. Swearer, [email protected] District 9 The Journal Board of Editors is responsible for the selection and editing of David J. Rebein, [email protected] all substantive legal articles that appear in The Journal of the Kansas Bar District 10 Association. The board reviews all article submissions during its quarterly Jeffery A. Mason, [email protected] meetings (January, April, July, and October). If an attorney would like to submit an article for consideration, please send a draft or outline to Jennifer District 11 Salva, Journal Editor at [email protected]. Nancy Morales Gonzalez, [email protected] District 12 William E. Quick, [email protected] The Journal of the Kansas Bar Association (ISSN 0022-8486) is published monthly with combined issues for July/August and November/December At-Large Governor for a total of 10 issues a year. Periodical Postage Rates paid at Topeka, Kan., Bruce A. Ney, [email protected] and at additional mailing offices. The Journal of the Kansas Bar Association KDJA Representative is published by the Kansas Bar Association, 1200 SW Harrison St., Topeka, Hon. Michael F. Powers, [email protected] KS 66612-1806; Phone: (785) 234-5696; Fax: (785) 234-3813. Member KBA Delegate to ABA subscription is $25 a year, which is included in annual dues. Nonmember Linda S. Parks, [email protected] subscription rate is $45 a year. Rachael K. Pirner, [email protected] The Kansas Bar Association and the members of the Board of Editors assume ABA State Delegate no responsibility for any opinion or statement of fact in the substantive Hon. Christel E. Marquardt, [email protected] legal articles published in The Journal of the Kansas Bar Association. Copyright © 2016 Kansas Bar Association, Topeka, Kan. ABA YLD Delegate Vincent Cox, [email protected] For display advertising information contact Jennifer Salva or Meg Wickham Executive Director at (785) 234-5696 or email [email protected] or [email protected]. Jordan E. Yochim, [email protected] For classified advertising information contact Jennifer Salva at (785) 234- 5696 or email [email protected]. OUR MISSION Publication of advertisements is not to be deemed an endorsement of any The Kansas Bar Association is dedicated to advancing the professionalism product or service advertised unless otherwise indicated. and legal skills of lawyers, providing services to its members, serving the POSTMASTER: Send address changes to The Journal of the Kansas Bar community through advocacy of public policy issues, encouraging public Association, 1200 SW Harrison St., Topeka, KS 66612-1806. understanding of the law, and promoting the effective administration of our system of justice. 4 The Journal of the Kansas Bar Association ANNOUNCEMENT TO KANSAS BAR ASSOCIATION MEMBERS The following attorneys have been recognized as Kansas Chapter Members for Excellence in the field of Alternative Dispute Resolution Henry R. Cox Jerry Palmer Larry R. Rute William H. Sanders, Jr. Donald W. Vasos Roger Warren Shawnee, KS Topeka, KS Topeka, KS Overland Park, KS Fairway, KS Overland Park, KS Check Available Dates Calendars online at www.KansasMediators.org or visit our free national roster at www.NADN.org/directory The National Academy of Distinguished Neutrals is a professional association of over 900 attorney mediators and arbitrators, all of whom have substantial experience in the resolution of commercial and civil disputes. All members have been recognized for their accomplishments through the Academy’s peer nomination system & extensive client review process. Membership is strictly by invitation-only and limited to neutrals widely approved of by defense and plaintiff counsel, as surveyed by the Academy. For more information about the National Academy, please visit www.NADN.org/about www.ksbar.org | June 2016 5 kba president Thanks for the Hospitality hank you for the invitations and hospitality during my TBA Annual Meeting year as President. Although I would have loved to ac- Attending the Topeka Bar Association (TBA) Annual Meet- cept all the invitations and visited every bar association ing is a yearly event for me, but it was fun to make it one of Tin Kansas, as a legal department of one person it wasn’t always my official KBA visits. As you may recall, the TBA helped possible to get away from work. For those of you I missed, I kick off the Like-A-Lawyer discussion by encouraging mem- hope to see you at the annual meeting. bers to donate “briefs” (underwear) to Let’s Help. Thanks to ABA President Paulette Brown the joint effort of TBA and KBA members and staff, the “brief The Wichita Bar Association (WBA) worked hard to bring bin” (underwear bin) at Let’s Help was full of new undergar- ABA President Paulette Brown to Wichita for a visit. I ap- ments for the first time in many years. During the TBA An- preciate the invitation to participate in this visit. Paulette is a nual Meeting, members discussed other service activities that dynamic leader with a focus on the ABA project to eliminate again reinforce the legal profession’s commitment to the com- bias in the legal profession. She is also encouraging young per- munity. The TBA also announced its annual award recipients. sons of diverse cultures to pursue a legal career. In addition to Congratulations to TBA award winners: Judge Karen Arnold- speaking to WBA members, President Brown visited the Boys Burger, Sarah Morse, Judge Evelyn Wilson and Patrick Sals- and Girls Club in Wichita, which is something she does in bury. As with many of the bar associations in Kansas, the TBA every state. President Brown explained that it is important for young lawyer leaders, such as Sarah Morse, are engaged and young people to see persons of color in leadership positions in excited about the bar as an organization as well as the lawyer- the legal profession because it is easier to visualize yourself as a ing profession. This is great news for the future of all profes- lawyer if you know someone you have something in common sional legal associations. with is doing it already. Brown vs. Board of Education Visit Other highlights of this visit included a preview of the Bar The KBA president is offered the opportunity to select the Show talent which reminded everyone to sign up for the KBA location of the April Board of Governors (BOG) meeting. Annual Meeting to ensure you get tickets to the WBA Bar Most Presidents highlight a fun activity or interesting home- Show. The WBA leadership also arranged for a visit to the town business. Thanks to the suggestion of BOG member “Visual Justice: Gordon Parks’ Photography Collection at Cheryl Whelan and the work of the KBA staff, my home- WSU.” Add this to your things-to-do list for the upcoming town visit for the BOG included the opportunity to meet at vacation season.