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Criminal Justice and Saw While Some Days He Is Sitting at His Desk, Other Days He Is out Law School As a Natural Fit Because Shooting Machine Guns November/December 2011 • volume 80 • 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 J Joan M. Bowen Wichita Hon. David E. Bruns Topeka Focus Boyd A. Byers Wichita Toby J. Crouse Overland Park Emily Grant Topeka Connie S. Hamilton Topeka 22 What Every Evan H. Ice Lawrence Katharine J. Jackson Manhattan Lawyer Should Michael T. Jilka Lawrence Lisa R. Jones Topeka Know About Hon. Janice Miller Karlin Topeka Casey R. Law McPherson Crime Victims’ Julene L. Miller Topeka Hon. Robert E. Nugent Wichita Rights in Kansas Nancy A. Ogle Wichita By Suzanne Valdez Professor John C. Peck Lake Quivira Rachael K. Pirner, President Wichita Teresa M. Schreffler Mission Richard H. Seaton Sr. Manhattan Items of Interest Regular Features Sarah B. Shattuck Ashland Richard D. Smith Topeka 09 Celebrating Pro Bono with the 06 President’s Message Marty M. Snyder Topeka KBA and KLS Young Lawyers Section News Matthew A. Spurgin Topeka 08 10 Ways for Each One to Reach One Catherine A. Walter Topeka 13 Law Students’ Corner Issaku Yamaashi Overland Park 11 Take Care of Each Other 15 Law Practice Management Richard D. Ralls, Chairperson 17 Advanced Notice: Elections for Tips & Tricks [email protected] 2012 KBA Officers and Board of Beth Warrington, Communications Manager Governors 16 Members in the News [email protected] 52 2012 Court of Appeals Session 16 Obituaries Schedule 34 Appellate Decisions 36 Appellate Practice Reminders OUR MISSION 53 CLE Docket 54 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. Renew your Kansas Bar Association membership online at www.ksbar.org or by calling (785) 234-5696 for your opportunity to continue access to all of the GREAT benefits available today! To see what membership benefits are available to you, visit www.ksbar.org/prospective/. www.ksbar.org The Journal of the Kansas Bar Association | November/December 2011 3 TABLE OF CONTENTS CON’T. Article ... serving the citizens of Kansas and the legal profession through funding chari- 18 table and educational projects that foster The Greatest the welfare, honor, and integrity of the legal system by improving its accessibility, Generation: An equality, and uniformity, and by enhanc- ing public opinion of the role of lawyers in our society. Update By Matthew D. Keenan Kansas Law Center 1200 SW Harrison Topeka, Kansas 66612-1806 Telephone: (785) 234-5696 Fax: (785) 234-3813 Website: www.ksbar.org Cover layout & design by Ryan Purcell OFFICERS [email protected] Daniel H. Diepenbrock Liberal President [email protected] Joni J. Franklin Wichita President-elect [email protected] Katherine L. Kirk Lawrence Secretary-Treasurer [email protected] James D. Oliver Overland Park Immediate Past President [email protected] BOARD OF TRUSTEES Glenn R. Braun Hays James C. Dodge Sublette 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 David H. Moses Wichita Edward J. Nazar Wichita C. David Newbery Topeka Susan G. Saidian Wichita Todd N. Thompson Lawrence Kenneth W. Wasserman Salina Hon. Evelyn Z. Wilson Topeka Melissa R. Doeblin 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 Representative riodical Postage Rates paid at Topeka, Kan., and at addi- lished in The Journal of the Kansas Bar Association. tional mailing offices. The Journal of the Kansas Bar Asso- Timothy M. O’Brien Kansas City, Kan. For display advertising information contact Bill Spill- Kansas Bar Association ciation (ISSN 0022-8486) is published by the Kansas Bar Representative Association, 1200 SW Harrison St., Topeka, KS 66612- man at (877) 878-3260 or email bill@innovative 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. Jeffrey J. Alderman Topeka org. Publication of advertisements is not to be deemed an [email protected] annual dues. Nonmember subscription rate is $45 a year. POSTMASTER: Send address changes to The Journal of endorsement of any product or service advertised unless MANAGER, PUBLIC SERVICES the Kansas Bar Association, 1200 SW Harrison St., Tope- otherwise indicated. Kelsey Schrempp Topeka ka, KS 66612-1806. [email protected] COPYRIGHT 2011 Kansas Bar Association, Topeka, Kan. www.ksbar.org The Journal of the Kansas Bar Association | November/December 2011 5 FROM THE PRESIDENT RACHAEL K. PIRNER Meetings and Lunches Galore A man only learns in two ways, one by reading, and the other by association with smarter people. –Will Rogers riends, it has been quite a busy month with local and tenbein, who received his 50-year pin from the KBA. Now specialty bar visits. If Will is right, I have been learn- this group is not shy about expressing options about the KBA, ing quite a bit this past month, by my association with Blue Ribbon Commission and I suspect, anything you might Fsmarter people. I began in Dodge City for the Southwest want to talk about. Kansas Bar Association annual meeting. About 140 attorneys The Wichita Bar Association hosted its an annual Judges attended the meeting on September 9 for CLE and camara- Day, with golf and barbecue, and this year about 340 attend- derie. The event is spearheaded by Dave Rebein and Shane ed. It is always a wonderful event, and offered perfect weather Bangerter. Among those attending were Phil Ridenour, Sally this year. Among those attending were Wichita Bar Associa- Shattuck, Tom Black, Gene Sharp, Kerry McQueen, Court tion President Jay Fowler, President-Elect Hugh Gill, Vice of Appeals Judge Stephen Hill, Judge Kim Schroeder, Judge President Jennifer Magana, Mike Stout, Linda Parks, Judge Robert Schmisseur, and L.J. Leatherman. The speakers each Douglas Roth, Laura Ice, and Judge Terry Pullman. The KBA received mounted steer horns. Kurt Kerns remarked that he was also fortunate to co-sponsor a reception for the Kansas was going to figure out how to affix the steer horns to the grill Supreme Court with the Wichita Bar Association, after the of his truck. Keep an eye out in your rear view mirror, the next Court heard arguments in Wichita. time you are in Wichita. I then had the chance to meet with several members of the We then hosted our fall leadership retreat at KBA head- Kansas Association for Justice in Topeka, the president, of quarters in Topeka. About 50 of our section presidents and that association, Karen Renwick, attended as did Kathy Kirk, committee chairs attended the meeting. We discussed new membership chair; Mike Fleming, legislative chair; and Dave and different ways to bring value to our members through Rebein, public affairs chair. We were joined by KBA District CLE and networking opportunities. It was a great meeting Governors Terri Bezek and Natalie Haag. with smart and dedicated colleagues, such as Margann Ben- The Topeka Bar Association graciously invited me to attend nett, Tim O’Sullivan, Tyler Garretson, Bill Quick, and Vivian a monthly meeting, which was attended by about 70 lawyers Olson. and judges. At the meeting I had the pleasure of honoring Next onto Washington, Kan., for the 12th Judicial District World War II veterans in the audience, including Don Patter- meeting. All but two practicing attorneys were in attendance son, Wayne Probasco, and the Hon. Richard Rogers. President from that district. Justice Nancy Moritz and L.J. Leatherman Ardith Smith-Woertz presided over the business section of the (at this point I was pretty sure that he was just following me meeting. Also in attendance were Jim Parrish, immediate past around) provided CLE to the attendees. Judge Kim Cudney president of the Topeka Bar Association, Angel Zimmerman, and Hon. Richard W. Wahl attended as did Frank Spurney, Terri Bezek, Emily Donaldson, Court of Appeals Judge Chris- Dan Metz, Curt Frasier, Regine Thompson, and Harry Gan- tel Marquardt, Judge Evelyn Wilson, and Rich Hayse. I sus- KBA Leadership Day (l-r): Mira Mdivani and Margann Bennett. Kansas Association for Justice (l-r): Karen Renwick, Dave Rebein, Rachael Pirner, Rex Sharp, and Terri Bezek. 6 November/December 2011 | The Journal of the Kansas Bar Association www.ksbar.org Wichita Bar Association’s Judges Day (l-r): Rachael Pirner and Jim Wichita Bar Association’s Judges Day (l-r): Linda Parks, Richard Oliver. Hite, and Sabrina Standifer. pect that if you find yourself in Topeka, on monthly meeting formed the “YMCA” at the conclusion of a comedy routine day, the Association would welcome you to attend the Bar (not surprisingly, Lee failed to send photos). In the audience meeting. were John Jurcyk, Byron Loudon, Jim Scherzer, Phil Carson, I had yet another free lunch with the Kansas Credit Attor- Ruth Benien, and Karen Shelor.
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