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Attorney Discipline the Panel Unanimously Recommended That Respondent’S Petition for ORDER of REINSTATEMENT Reinstatement to the Practice of Law in Kansas Be Granted

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Attorney Discipline the Panel Unanimously Recommended That Respondent’S Petition for ORDER of REINSTATEMENT Reinstatement to the Practice of Law in Kansas Be Granted November/December 2012 • volume 81 • No. 10 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 A Kansas Lawyer Evan H. Ice Lawrence 30 Katharine J. Jackson Manhattan Who Kept Kansas a Michael T. Jilka Lawrence Lisa R. Jones Topeka Free State and Saved Hon. Janice Miller Karlin Topeka Casey R. Law McPherson Lincoln’s Presidency Julene L. Miller Topeka By Ron Smith Hon. Robert E. Nugent Wichita Nancy A. Ogle Wichita Professor John C. Peck Lake Quivira Rachael K. Pirner Wichita Karen Renwick Kansas City, Mo. Teresa M. Schreffler Mission Richard H. Seaton Sr. Manhattan Sarah B. Shattuck Ashland Items of Interest Regular Features Richard D. Smith Topeka 08 Electronic Voting Coming in 2013 06 President’s Message Marty M. Snyder Topeka Matthew A. Spurgin Topeka 09 Advance Notice: Elections for 07 Young Lawyers Section News Catherine A. Walter Topeka 2013 KBA Officers and Board of Issaku Yamaashi Overland Park Governors 13 Law Practice Management Tips & Tricks 11 What’s New with Your KBA Substance & Style Richard D. Ralls, Chairperson Membership for 2013 14 [email protected] The Diversity Corner Beth Warrington, Communications Manager 12 Announcing a New KALAP 15 [email protected] Service 16 Law Students’ Corner 21 Welcome Fall 2012 Admittees to 17 A Nostalgic Touch of Humor the Kansas Bar 22 Members in the News 24 The Threat to Merit Selection: An OUR MISSION Ominous Political Cloud Hovers 23 Obituaries Over the Capitol, Casting a Dark Shadow on the Judiciary 38 Appellate Decisions The Kansas Bar Association is 40 Appellate Practice Reminders dedicated to advancing the pro- 26 Pillars of Professionalism: A Fitting fessionalism and legal skills of Tribute to a True Professional 54 Classified Advertisements lawyers, providing services to its members, serving the commu- 27 U.S. District Court and U.S. nity through advocacy of public Bankruptcy Court for the policy issues, encouraging public District of Kansas: Pillars of understanding of the law, and Professionalism Memorandum and promoting the effective admin- Order istration of our system of justice. 28 Supreme Court Order 82: Pillars of Professionalism www.ksbar.org The Journal of the Kansas Bar Association | November/December 2012 3 Let your VOICE be Heard! 2012-13 KBA Officers and Board of Governors PRESIDENT DISTRICT 2 (CON’T.) DISTRICT 10 Lee M. Smithyman Rep. Paul T. Davis Jeffery A. Mason (913) 661-9800 Overland Park (785) 331-0300 Lawrence (785) 890-6588 Goodland [email protected] [email protected] [email protected] PRESIDENT-ELECT DISTRICT 3 DISTRICT 11 Dennis D. Depew Eric L. Rosenblad Nancy Morales Gonzalez (620) 325-2626 Neodesha (620) 232-1330 Pittsburg (816) 936-5788 Kansas City, Mo. [email protected] [email protected] [email protected] VICE PRESIDENT DISTRICT 4 DISTRICT 12 Gerald L. Green Chad D. Giles William E. Quick (620) 662-0537 Hutchinson (620) 221-1120 Arkansas City (816) 360-4335 Kansas City, Mo. [email protected] [email protected] [email protected] SECRETARY-TREASURER DISTRICT 5 AT-LARGE GovERNOR Natalie G. Haag Terri S. Bezek Christi L. Bright (785) 270-6165 Topeka (785) 296-2639 Topeka (913) 239-9966 Overland Park [email protected] [email protected] [email protected] ImmEDIATE PAST PRESIDENT Cheryl L. Whelan KDJA REPRESENTATIVE Rachael K. Pirner (785) 296-3204 Topeka Hon. Mike Keeley (316) 630-8100 Wichita [email protected] (620) 793-1863 Great Bend [email protected] DISTRICT 6 [email protected] YOUNG LAWYERS SECTION PRESIDENT Bruce W. Kent KBA DELEGATE TO ABA Brooks G. Severson (785) 556-2019 Manhattan Sara S. Beezley (316) 267-7361 Wichita [email protected] (620) 724-4111 Girard [email protected] DISTRICT 7 [email protected] DISTRICT 1 Matthew C. Hesse KBA DELEGATE TO ABA Toby J. Crouse (316) 858-4924 Wichita Linda S. Parks (913) 498-2100 Overland Park [email protected] (316) 265-7741 Wichita [email protected] J. Michael Kennalley [email protected] (316) 268-7933 Wichita Gregory P. Goheen [email protected] ABA BOARD OF GovERNORS (913) 371-3838 Kansas City, Kan. Thomas A. Hamill [email protected] Calvin D. Rider (316) 267-7361 Wichita (913) 491-5500 Overland Park Kip A. Kubin [email protected] [email protected] (816) 531-8188 Kansas City, Mo. ABA STATE DELEGATE [email protected] DISTRICT 8 Hon. Christel E. Marquardt Mira Mdivani John B. Swearer (620) 662-3331 Hutchinson (785) 296-6146 Topeka (913) 317-6200 Overland Park [email protected] [email protected] [email protected] EXECUTIVE DIRECTOR DISTRICT 2 DISTRICT 9 Jordan E. Yochim Charles E. Branson David J. Rebein (620) 227-8126 Dodge City (785) 234-5696 Topeka (785) 841-0211 Lawrence [email protected] [email protected] [email protected] TABLE OF CONTENTS CON’T. Article ... serving the citizens of Kansas and the 10 legal profession through funding chari- In Memoriam: table and educational projects that foster the welfare, honor, and integrity of the Chief Judge Richard D. Greene legal system by improving its accessibility, equality, and uniformity, and by enhanc- (1950-2012) 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 Fax: (785) 234-3813 Cover layout & design by Ryan Purcell Website: www.ksbar.org [email protected] 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 Kansas Association of Defense Counsel Representative Laura L. Ice Wichita Kansas Bar Association The Journal of the Kansas Bar Association is published The Kansas Bar Association and the members of the Representative monthly with combined issues for July/August and Board of Editors assume no responsibility for any opinion Bruce W. Kent Manhattan November/December for a total of 10 issues a year. Pe- or statement of fact in the substantive legal articles pub- Kansas Bar Association riodical Postage Rates paid at Topeka, Kan., and at addi- lished in The Journal of the Kansas Bar Association. Representative tional mailing offices.The Journal of the Kansas Bar Asso- Timothy M. O’Brien Kansas City, Kan. ciation (ISSN 0022-8486) is published by the Kansas Bar For display advertising information contact Bill Spill- Kansas Bar Association man at (877) 878-3260 or email bill@innovative Representative Association, 1200 SW Harrison St., Topeka, KS 66612- 1806; Phone: (785) 234-5696; Fax: (785) 234-3813. mediasolutions.com. For classified ads contact Beth War- EXECUTIVE DIRECTOR Member subscription is $25 a year, which is included in rington at (785) 234-5696 or email bwarrington@ksbar. Jordan E. Yochim Topeka annual dues. Nonmember subscription rate is $45 a year. org. Publication of advertisements is not to be deemed an [email protected] POSTMASTER: Send address changes to The Journal of endorsement of any product or service advertised unless otherwise indicated. MANAGER, PUBLIC SERVICES the Kansas Bar Association, 1200 SW Harrison St., Tope- Kelsey Schrempp Topeka ka, KS 66612-1806. COPYRIGHT 2012 [email protected] Kansas Bar Association, Topeka, Kan. www.ksbar.org The Journal of the Kansas Bar Association | November/December 2012 5 FROM THE PRESIDENT LEE M. SMITHYMAN If It Ain’t Broke, Don’t Fix It roponents for changing the current method of selecting Only Kansas Supreme Court selection is built upon this con- Kansas appellate judges will seek to accomplish their stitutional amendment. However, the same nominating com- goal in the 2013 legislative session. As stated in a recent mission methodology was statutorily adopted for the Kansas PWichita Eagle editorial, “What they still lack are the reasons Court of Appeals when that court was created in 1976. The to do so.”1 system has worked well. It has retained judicial independence Proponents for change forget the reasons why the Kansas which would not exist with a popular election or a guberna- legislature and voters enacted the 1958 constitutional amend- torial appointment system. Despite that success, the system ment to institute merit selection. It resulted from Gov. Fred has been criticized for having a majority of attorneys on the Hall’s “Triple Play.” At the end of Gov. Hall’s second term, commission. Chief Justice William Smith became seriously ill, which However, lawyers are as varied as the clients they serve. Our caused him to consider retirement. Governor Hall contacted system is designed to be adversarial, pitting one party against Lt. Gov. John McCuish with the details of the “Triple Play.” another. For each prosecutor, there is a criminal defense attor- Upon announcing Justice Smith’s retirement decision, Gov. ney. For each attorney representing an injured person, there Hall resigned as governor allowing McCuish to be sworn in is an attorney representing a defendant’s interests. Lawyers to replace him. McCuish’s first act was to appoint Hall to the reflect their clients.
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