January 2005 • Volume 74 • No. 1 T��eJ2!!B�t!�b HOME RULE A PRIMER e TH]hJanuaryJ£����� 2005 • Volume 73 • No. 1 7 Who Is a Client for 4 President's Message Conflict-of-Interest Purposes? REGULARFEATURES 5 Soaring to the Clouds to ITEMS OF INTEREST 6 Young LawyersSection News Earn a Law Degree 9 Law Students' Corner 12 Members in the News 10 2005 Kansas Bar Association Awards 12 Dan's Cartoon 13 Obituaries 43 Appellate Decisions 15 Advance Notice: Elections forKBA 55 Appellate Practice Reminders Officersand Board of Governors for 2005 5 5 Classifieds 59 CLE Docket 16 What Does it Take for a Legal 18 Lawyers in the Legislature Assistantto be at the top of the Field? 56 Time to Renew! KBA Membership Reminder! You can also renew your � membership online at _ HO ME _____ -7,;��;-, www.ksbar.org ! I:I !: RULE--------£"7�';;'.;;;:1: I j i ! LIi__________________ . ---·--·--·--·--· '_i Cover photo: Chase County courthouse is 26 Home Rule: A Primer the oldest courthouse still in use in Kansas. By Mike Heim Designed by architect john G. Haskell, Lawrence, construction was completed in 1873. Photo by Susan McKaskle, KBA managing editor. Our Mission: The Journal Board of Editors Connie Hamilton Topeka The Kansas Bar Association is dedicated ro advancing the professionalism and AsSISTANT EXECUTIVE DIRECTOR: Mark D. Hinderks Overland Park legal skills of lawyers, providing services to its members, serving the community Rene Eichem Evan lee Lawrence through advocacy of public policy issues, encouraging public understanding of MANAGING EDITOR: Susan McKaskle Michael T.Jilka Kansas City Marca F. Linenberger Carbondale the law, and promoting the effective administration of our system of justice. Diane S. Worth, CHAIR \'(lichira Hon. Tom Malone Topeka Hon. Steve Leben, VICE-CHAIR Olathe Michelle Masoner Kansas City The Journal of the Kansas Bar Association is published monrhly with combined issues Gregory L. Ash Lawrence Julene Miller Topeka for July/August and November/December for a coral of 10 issues a year. Periodical Anne L. Baker Topeka Brian J. Moline Topek" Postage Rares paid ar Topeka, Kan., and ar addiriona.l mailing offices. The Journal of Hon. Monti L. Belot \'(lichita Hon. Lawton R. Nuss Topeka the Kansas Bar Association (ISSN 0022-8486) is published by rhe Kansas Bar Terri Savely Bezek Topeka Hon. James P. O'Hara Overland Park Association, 1200 S.W. Harrison, P.O.Box 1037, Topeka, Kan. 66601-1037; Phone: Hon. Donald W. Bostwick \'(lichira Pror. John Peck Lawrence (785) 234-5696; Fax: (785) 234-3813. Member subscription is $25 a year, which is Boyd Byers \'(lichira Mary D. Prewitt Topeka included in annual dues. Nonmember subscription rate is $45 a year. Nancy M. Caplinger Topeka Richard D. Ralls Kansas City POSTMASTER: Send address changes to The journal of the Kansas Bar Association, Tamara Lee Davis Dodge City Michelle D. Reinert Dodge City P.O. Box 1037, Topeka, Kan. 66601-1037. Hon. Jerry Elliott Topeka Prof. David L. Ryan Topeka Mary Feighny Topeka Richard H. Seaton Manhattan Autumn Fox Abilene Marry M. Snyder Topeka The Kansas Bar Association and the members of the Board of Editors assume no J. Lyn Entrikin Goering Topeka JeffreyA. Wietharn Topeka responsibility for any opinion or statement of fact in the substantive legal articles pub­ Dan Gronniger Topeka Martha Coffman, board liaison Topeka lished in The journal ofthe KansasBar Association. COPYRIGHT 2005 KansasBar Association,To peka, Kan. Diane S. Worth, Board ofEditors chai,person, [email protected] Susan McKaskle, managing edito,; smckaskle@ksba,:org FROM MICHAELTHE PRESIDENTP. CROW Our Best Legislative Asset - You he KBA wants to increase its involvement with the For instance, the so-called "Marriage Amendment" to TKansas legislative process. We have very capable and the Kansas Constitution was a major issue in the 2004 experienced lawyers on the Legislative Committee, session and a hot topic during this year's elections. which is chaired by former president Jim Bush. President­ Should the KBA have taken a position? Should the elect Rich Hayse serves as the liaison for the Board of KBA have given members more updates and substan­ Governors and is actively involved with the committee. Our tive information on this issue? Given that there are two in-house legislative counsel is Jim Clark, along with KBA longstanding laws on the books in Kansas defining member Whitney Damron, who serves as our contract lob­ marriage between one man and one woman as well as a byist. In addition, our executive director, Jeffrey Alderman, recent Kansas Supreme Court case decision upholding has a great deal of legislative experience and will be consider­ the laws, the marriage amendment may not have much ably more active in the process than his predecessor. direct effect on your practice. As a KBA member and a I recently attended the Legislative Committee meeting respected member of your community, however, your held in November in To peka. A fair number of ideas were input to your legislator would be invaluable to the discussed, not only about issues for the upcoming session, process: but also how the KBA can best act as a liaison between the Legislature and our membership. (a) Under what circumstances should the Kansas The KBA has never formed a Political Action Committee Constitution be amended? (PAC) to solicit political contributions to be made to legisla­ tive candidates. The philosophy behind that decision is that (b) How does the law in Massachusetts affect our membership includes lawyers with a wide array of Kansas statutes or a Kansas Constitutional beliefs, both personal and professional, who represent clients amendment under the Full Faith and Credit with varied interests and concerns. As such, we have mem­ clause of the U.S. Constitution? bers on both sides of a number of issues. The KBA focus is broad. The KBA's concern is not your position on such a consti­ At the Legislative Committee meeting, even though PACs tutional amendment. Our concern is that you have accurate were discussed, the consensus was not to change our policy and timely information on the status of the issue, so that you at this time. We did discuss ways to more effectively connect can express your legal and personal thoughts to your legisla­ you with the legislative process: tor or even come to Topeka and testify. What are your suggestions? In mid-June of this year, while (1) Streamline our KBA legislative process so that we you are attending the CLE program on 2005 Legislative empower our staff, committees, and sections to react Highlights at the KBA annual meeting in Vail, Colo., you quickly to what is always an ever-changing and fluid might be asking: "Why did the Legislature do such and such situation while the Legislature is in session. or not do this or that?" Don't wait until it is too late. We need to hear from you so we can continue to review and (2) Get information to KBA members in a timely man­ update our policies. ner on legislative issues so that KBA members can By the way, while the Legislature is in session, there are contact their representative or sen .. You are the enough slanted non-lawyer political "legal opinions" floating KBA's best legislative asset. Due to your legal skills, around to make a jailhouse lawyer blush. It is my belief that standing, and involvement in your community, your our members can and should serve as "wise counsel" on legislator will listen to you and respect your input. many legislative issues. KBA members can give sound, unbi­ ased legal analysis to their legislators. (3) The KBA needs to keep you informed on the status You can make■ a difference. The KBA can help you make a of legislative issues that have broader implications. difference. Michael P Crow can be reached by e-mail at [email protected] or by phone at (913) 682-0166 4 -JANUARY2005 THEJOURNAL OF THE KANSASBAR ASSOCIATION KBA MEMBER p ROFILE Soaring to the Clouds to Earn a Law Degree By Bethoaring Warrington, high in KBA the publicationssky as a pilot coordinator is a dream for some, but "When I was flying to put myself through school, I did putting oneself through college and law school while commercial flying, flight instruction, charter flights, and I flew flying is another story. Ronald P. Pope, Topeka, first air ambulance," he said. "I also flew corpses and did some becameS a pilot, then an attorney. He put himself through training for the military on their primary training schedule for school as a pilot and now has a fam­ people coming into the military system. I ily of third generation pilots. flew a lot of military aircraft and some air "Once bitten by the flying bug, I shows." decided chat it was something I really Pope is qualified to fly single- and wanted to do in a more interactive multi-engine aircraft. manner rather than just casual fly­ Pope and his father, Lloyd, have been ing," Pope said. joined with the next generation in their Pope developed a keen interest in enthusiasm for flying. flying because he was surrounded by Pope said his children may become pilots. pilots while growing up in Kansas His son, R.J., 16, is an aspiring pilot; Ciry and New Orleans. daughter, Harley, 3, may also become a "My dad flew 32 years for TWA as pilot in another 10 years; and son, Jett, 9 a flight instructor before retiring in months, who, by his own name, may have 1988," Pope said. "He learned in the to become a pilot. Even his wife, Shawna, Army Air Corps during World War is considering becoming one.