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Your Partner in the Profession | January 2019 • Vol. 88 • No. 1 Dead Last Chief Justice Lawton Nuss P 6 Sanguine Doves in Th

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Your Partner in the Profession | January 2019 • Vol. 88 • No. 1 Dead Last Chief Justice Lawton Nuss P 6 Sanguine Doves in Th Your Partner in the Profession | January 2019 • Vol. 88 • No. 1 Dead Last Chief Justice Lawton Nuss P 6 Sanguine Doves in the Hands of the State or How the Power of Eminent Domain Has Few Practical Restraints Chris Burger P 28 Blessed are the Peacemakers: The Case for Civility in the Practice of Law J. Nick Badgerow P 40 28 | Sanguine Doves in the Hands of the State or How the Power of Eminent Domain Has Few Practical Restraints Chris Burger 40 | Blessed are the Peacemakers: the Case for Civility in the Practice of Law J. Nick Badgerow Cover Design by Ryan Purcell Special Features 6 | Dead Last ....................... Chief Justice Lawton Nuss 14 | Legislative Outlook ....................Joseph N. Molina III 19 | 2019 KBA Awards Information and Nomination Form Regular Features 9 | KBA President 52 | Law Students' Corner Gratitude and Hope ........................ Sarah E. Warner Work-Life Balance and Today's Law Studentt ...................................Elyssa Ellis and Kasie Von Donge 11 | KBF President Introducing the KBF Trustees .......... Amy Fellows Cline 55 | Members in the News 13 | YLS President 56 | Obituary KBA YLS Sponsors the Kansas High School Mock Trial Competition ...................................Sarah Morse 57 | Appellate Decisions 24 | Law Practice Management Tips & Tricks 67 | Appellate Practice Reminders Off-Ramps and On-Ramps .......... Larry N. Zimmerman Top 10 Appellate Practice Resolutions for 2019 ..................................................... Douglas T. Shima 36 | Substance and Style Respectfully Submitted: Writing with Respect for 69 | Classified Advertisements Courts, Counsel and Others .............. Tonya Kowalski www.ksbar.org | January 2019 3 E Let your VOICE TH 2018-19 be KBA Officers & Board of Governors Heard! JOURNAL President OF THE KANSAS BAR ASSOCIATION Sarah E. Warner, [email protected] President-elect 2018-19 Mira Mdivani, [email protected] Journal Board of Editors Vice President Charles E. Branson, [email protected] Emily Grant (Topeka), chair, [email protected] Secretary-Treasurer Cheryl Whelan, [email protected] Sarah G. Briley (Wichita), [email protected] Hon. David E. Bruns (Topeka), [email protected] Immediate Past President Gregory P. Goheen, [email protected] SAVE THE Richard L. Budden (Kansas City), [email protected] Boyd A. Byers (Wichita), [email protected] Young Lawyers Section President Sarah A. Morse, [email protected] Jennifer Cocking (Topeka), [email protected] Connie S. Hamilton (Manhattan), [email protected] District 1 Christi L. Bright, [email protected] Michael T. Jilka (Lawrence), [email protected] Katie A. McClaflin, [email protected] Lisa R. Jones (Ft. Myers, FL), [email protected] Diana Toman, [email protected] Hon. Janice Miller Karlin (Topeka), [email protected] District 2 Casey R. Law (McPherson), [email protected] Hon. Sally D. Pokorny, [email protected] DATE Hon. Robert E. Nugent (Wichita), [email protected] Hon. Bethany Roberts, [email protected] Professor John C. Peck (Lawrence), [email protected] District 3 Rachael K. Pirner (Wichita), [email protected] Angela M. Meyer, angela@angelameyerlaw,com Richard D. Ralls (Overland Park), [email protected] District 4 Karen Renwick (Kansas City), [email protected] Brian L. Williams, [email protected] Teresa M. Schreffler (Wichita), [email protected] District 5 Richard H. Seaton Sr. (Manhattan), [email protected] Vincent Cox, [email protected] KBA Annual Meeting Sarah B. Shattuck (Ashland), [email protected] Terri J. Pemberton, [email protected] Richard D. Smith (Topeka), [email protected] District 6 Tish S. Morrical, [email protected] Marty M. Snyder (Topeka), [email protected] Patti Van Slyke, Journal Editor & Staff Liaison, [email protected] District 7 Gary L. Ayers, [email protected] Catherine A. Walter (Topeka), [email protected] Sylvia B. Penner, [email protected] June 20-21, 2019 Meg Wickham, Dir. of Communications & Member Svcs., [email protected] Hon. Jeffrey E. Goering, [email protected] Issaku Yamaashi (Overland Park), [email protected] District 8 Natalie Yoza (Topeka), [email protected] Gaye B. Tibbets, [email protected] Capitol Plaza Hotel District 9 The Journal Board of Editors is responsible for the selection and editing of all Aaron L. Kite, [email protected] substantive legal articles that appear in The Journal of the Kansas Bar Association. The board reviews all article submissions during its quarterly meetings (January, District 10 Gregory A. Schwartz, [email protected] & Convention Center April, July, and October). If an attorney would like to submit an article for consideration, please send a draft or outline to Patti Van Slyke, Journal Editor District 11 at [email protected]. Mark Dupree, [email protected] District 12 Topeka Ryan Purcell, graphic designer, [email protected] Alexander P. Aguilera, [email protected] Nancy Morales Gonzalez, [email protected] Bruce A. Ney, [email protected] The Journal of the Kansas Bar Association (ISSN 0022-8486) is published At-Large Governor monthly with combined issues for July/August and November/December for a Eunice Peters, [email protected] total of 10 issues a year. Periodical Postage Rates paid at Topeka, Kan., and at additional mailing offices. The Journal of the Kansas Bar Association is published KDJA Representative Hotel Reservation Information by the Kansas Bar Association, 1200 SW Harrison St., Topeka, KS 66612-1806; Hon. Patricia A. Macke Dick, [email protected] The KBA has secured a room block with the Capitol Plaza Hotel from June 18 to June 22. Phone: (785) 234-5696; Fax: (785) 234-3813. Member subscription is $25 a year, KBA Delegate to ABA House which is included in annual dues. Nonmember subscription rate is $45 a year. Rachael K. Pirner, [email protected] Pricing for single/double occupancy is $107. Natalie G. Haag, [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 Please make your reservations at the link below: legal articles published in The Journal of the Kansas Bar Association. Linda S. Parks, [email protected] Copyright © 2017 Kansas Bar Association, Topeka, Kan. YL Delegate to ABA House Joslyn Kusiak, [email protected] https://go.ksbar.org/am19hotel-reservation For display advertising information, contact: Bill Spilman at (877) 878-3260 toll-free, (309) 483-6467 or Executive Director email [email protected] Shelby L. Lopez, [email protected] OR call the hotel directly at 785-431-7200 For classified advertising information contact Patti Van Slyke at (785) 234-5696 (please mention you are part of Kansas Bar Association or group code KBA19). or email [email protected]. OUR MISSION Publication of advertisements is not to be deemed an endorsement of any TheKansas Bar Association is dedicated to advancing the professionalism and Sleeping Room Block ends Mon., May 20, 2019. product or service advertised unless otherwise indicated. legal skills of lawyers, providing services to its members, serving the community Important: POSTMASTER: Send address changes to The Journal of the Kansas Bar through advocacy of public policy issues, encouraging public understanding of Association, 1200 SW Harrison St., Topeka, KS 66612-1806. the law, and promoting the effective administration of our system of justice. 4 The Journal of the Kansas Bar Association SAVE THE DATE KBA Annual Meeting June 20-21, 2019 Capitol Plaza Hotel & Convention Center Topeka Hotel Reservation Information The KBA has secured a room block with the Capitol Plaza Hotel from June 18 to June 22. Pricing for single/double occupancy is $107. Please make your reservations at the link below: https://go.ksbar.org/am19hotel-reservation OR call the hotel directly at 785-431-7200 (please mention you are part of Kansas Bar Association or group code KBA19). Important: Sleeping Room Block ends Mon., May 20, 2019. www.ksbar.org | January 2019 5 Dead Last by Chief Justice Lawton Nuss KS aseball manager Leo "The Lip" Durocher once de- erosion.”2 The Justice warned, "Without a functioning, highly clared, "Nice guys finish last." If this Hall of Famer qualified, efficient judiciary, no nation can hope to guarantee is correct, then all 167 of Kansas' district court judges its prosperity and secure the liberties of its people." Bmust be "nice guys"—because nationally they have now fin- Kansas district court judges' salaries have not only dropped ished dead last in judicial pay.1 to dead last in the national rankings. But also, their fall This stark fact, while disappointing, was nevertheless has been worsened by the continual loss of earning power. foreseeable. According to the National Center for State Courts, Lawyers know that under the Kansas Constitution, the people compared to their counterparts, our district court judges have protect their judiciary's independence (and thus excellence) endured a steady decline in the national rankings—from 37th by requiring that the salaries of judges generally not be in 2007 to 51st in 2018. Even when the salary drop is adjusted diminished during their terms in office.3 While their salaries for regional differences in cost of living, their national ranking have not been expressly diminished by the legislature, Kansas still slumped from 19th to 43rd during
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