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The Journal Board of Editors the Kansas Bar Association Is Dedicated to Advancing the Professionalism and Legal Michael T

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The Journal Board of Editors the Kansas Bar Association Is Dedicated to Advancing the Professionalism and Legal Michael T THE OURNAL of the Kansas Bar Association J June 2007 • Volume 76 • No. 6 New Horizons: Kansas Adopts Ethics 2000 Changes KBF & KBA reach residentsPage – 6 out to Greensburg area THE OURNAL of the Kansas Bar Association JJune 2007 • Volume 76 • No. 6 ITEMS OF INTEREST 5 My Home Town — Our Home REGULAR FEATURES State 4 President’s Message 13 Law Student’s Corner 7 Welcome Spring 2007 14 Tech Tips Admittees to the Kansas Bar 15 Members in the News 15 Jest Is For All 16 9 Johnson County Judge Obituaries 31 Appointed to Court of Appeals Appellate Decisions 35 Appellate Practice Reminders 6 “When Tragedy Strikes, the 41 Classifieds World Suddenly Becomes 10 IOLTA Grant Spotlights on 43 CLE Docket Very Small” Topeka Youth Court, Heart to The KBF and KBA Reach out Heart, Kansas Legal Services, to Greensburg Area Residents and SAFEHOME Cover photo by David Gilham, KBA staff 10 IOLTA Honor Roll Banks 11 Career Day Students — Unpaid AOL Job Coaches Customers 12 One of the Best Trial Lawyers to Practice in Kansas see Page 41 for 20 New Horizons: Kansas Important Adopts Ethics 2000 18 Hey Man, You Got a Match? Changes The Employment Eligibility Information By J. Nick Badgerow Verification and Anti-Identity Theft Act Our Mission: The Journal Board of Editors The Kansas Bar Association is dedicated to advancing the professionalism and legal Michael T. Jilka Overland Park skills of lawyers, providing services to its members, serving the community through Assistant Executive Director: Casey Law McPherson advocacy of public policy issues, encouraging public understanding of the law, and René Eichem Michelle Reinert Mahieu Dodge City promoting the effective administration of our system of justice. Director of Bar Services: Susan McKaskle Hon. Tom Malone Topeka Michelle Masoner Kansas City, Mo. The Journal of the Kansas Bar Association is published monthly with combined issues for Terri Savely Bezek, Chair Topeka Jill A. Michaux Topeka July/August and November/December for a total of 10 issues a year. Periodical Postage Anne L. Baker Topeka Julene Miller Topeka Rates paid at Topeka, Kan., and at additional mailing offices. The Journal of the Kansas Hon. Monti L. Belot Wichita Brian J. Moline Topeka Bar Association (ISSN 0022-8486) is published by the Kansas Bar Association, 1200 Hon. Donald W. Bostwick Wichita Hon. Lawton R. Nuss Topeka S.W. Harrison, P.O. Box 1037, Topeka, KS 66601-1037; Phone: (785) 234-5696; Fax: Boyd Byers Wichita Hon. James P. O’Hara Overland Park (785) 234-3813. Member subscription is $25 a year, which is included in annual dues. Tamara Lee Davis Dodge City Prof. John Peck Lake Quivira Nonmember subscription rate is $45 a year. POSTMASTER: Send address changes to Hon. Jerry Elliott Topeka Richard D. Ralls Kansas City, Mo. The Journal of the Kansas Bar Association, P.O. Box 1037, Topeka, KS 66601-1037. J. Lyn Entrikin Goering Topeka Richard H. Seaton Manhattan Connie Hamilton Topeka Marty M. Snyder Topeka The Kansas Bar Association and the members of the Board of Editors assume no Mark D. Hinderks Overland Park Catherine A. Walter Topeka responsibility for any opinion or statement of fact in the substantive legal articles Evan Ice Lawrence Diane S. Worth Wichita published in The Journal of the Kansas Bar Association. Katharine J. Jackson Manhattan Martha Coffman, board liaison Topeka For advertising information contact Suzanne Green at (800) 211-1344 or e-mail [email protected]. Publication of advertisements is not to be deemed an endorsement of any product or service advertised unless otherwise indicated. Terri Bezek, Board of Editors chairperson, [email protected] COPYRIGHT 2007 Kansas Bar Association, Topeka, Kan. Susan McKaskle, director of bar services, [email protected] From the President David J. Rebein Somewhere Over the Rainbow ill they sing “Somewhere Over the Rainbow” at Justice Herd’s political career ended and his judicial career be- your funeral? Only if you are an optimist. Are you gan in 1979, when he was appointed to the Kansas Supreme so optimistic that at age 80 you would return to Court. He loved everything about the job. He loved the work, yourW hometown from a successful career; build a two-story the people, and the lawyers. As his judicial career ended, his library with a complete basement on the side of your house academic career began when he became a distinguished jurist and fill it with books, maps, paintings, and artifacts from in residence at the Washburn University School of Law teach- Kansas history; and be completely confident that you would ing constitutional history. Justice Herd continued to teach at live to enjoy it to the fullest? Or, would you wonder whether Washburn after his retirement from the court in 1993 until your 80-year-old legs would 2002, at which time he re- allow you to enjoy the base- turned to Coldwater to build ment, main floor, and second Somewhere over the rainbow the largest private library in floor? Would you wonder Way up high, Comanche County. if your friends would think that you were crazy? If you There’s a land that I heard of I last saw Justice Herd when would go ahead and build Once in a lullaby. the Kansas Court of Appeals this library and then invite all sat in Dodge City. There was of your friends, their friends, a reception for the court. Jus- and their children to your li- Somewhere over the rainbow tice Herd was one of the first brary and proudly show them Skies are blue, to arrive and one of the last to the framed letter from Presi- And the dreams that you dare to dream leave. As always, he was im- dent Kennedy, then you are maculately dressed and ready as optimistic as Justice Har- Really do come true. to discuss any topic. old Herd. Someday I’ll wish upon a star In short, Justice Herd lived a Justice Herd lived a remark- very full life indeed. able life. During World War And wake up where the clouds are far II, he served in the Pacific Behind me. On the 23rd day of April, Theater as a naval officer on Where troubles melt like lemon drops 2007, Justice Herd passed the USS Rio Grande and the away. His funeral was a so- USS Cache. Having risked Away above the chimney tops cial event. It took place under his life in one theater of bat- That’s where you’ll find me. beautiful skies. There were tle, he entered an even more full military rights and, ap- dangerous one: politics. He propriately, there were both was elected to the state senate and rose to become Senate Mi- protestors and the Patriot Guard. Justice Herd would have nority Leader from 1969 to 1973. approved. The citizens of Coldwater came out and supported their favorite son. At the funeral, the minister told us that Are you optimistic enough to think that you could raise a one of Justice Herd’s favorite songs was “Somewhere Over the family of six children? Are you optimistic enough to think Rainbow.” A great Kansas song to remember a great Kansan. that you could do it and have a full-time law practice and political career at the same time? Are you optimistic enough Are you so optimistic that you believe? to think that the Republicans of Coldwater would elect you, a Democrat, to the state senate? If so, then you are as optimistic It has been a privilege to serve you as president of the Kan- as Justice Harold Herd. sas Bar Association. I have certainly enjoyed my term and look forward to seeing all of you “Somewhere Over the Rainbow.” n David J. Rebein can be reached by e-mail at [email protected] or by phone at (620) 227-8126. 4 – JUNE 2007 THE JOURNAL OF THE KANSAS BAR ASSOCIATION Young Lawyers Section News My Home Town — Our Home State By Eric G. Kraft, Duggan, Shadwick, Doerr & Kurlbaum P.C., Overland Park n May 4, 2007, beginning at about 9:55 p.m. and lawyer, can do to help in such a tragedy? The answer, as you continuing for another 20 minutes, my world and the may have guessed, lies in your skills as a lawyer, a listener, a lives of many of our fellow Kansans changed forever. mediator, and a professional. OAt that time, possibly the largest and most destructive tornado Within two weeks of the storm, the KBA Young Lawyers ever recorded in Kansas zeroed in on Greensburg and reduced Section — with help from the ABA Young Lawyers Division, approximately 90 percent of that town to piles of sticks. To the KBA Board of Governors, the Kansas Legal Services net- give some reference to the enormity of this tornado, the Kan- work, and the KBA staff — set up a hotline to offer the victims sas State Historical Society current- of the Greensburg tornado whatever legal assistance they may ly classifies the Topeka tornado of need, free of charge. As you can imagine, the displacement of June 8, 1966, as Kansas’ most de- so many and the destruction of so much creates legal problems structive tornado. The Topeka tor- on a scale that we cannot truly imagine. Residents of Greens- nado was nearly six blocks wide and burg are now faced with real legal issues, which they did not left hundreds of people homeless have on May 3. These issues include dealing with leases that in our capital city. The Greensburg can no longer be honored, paying employees, interpreting in- tornado was, by some estimates, surance contracts, finding estate plans, and securing continu- 1.7 miles wide and left an entire ances in court.
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