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The Journal the Board of Editors OURNAL of the Kansas Bar Association Your Partner in the Profession • September 2011 • Volume 80 • No. 8 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 Aïda Marie Alaka Topeka J Hon. David E. Bruns Topeka Boyd A. Byers Wichita Focus Toby J. Crouse Overland Park Connie S. Hamilton Topeka Evan H. Ice Lawrence Katharine J. Jackson Manhattan 20 The Kansas Michael T. Jilka Overland Park Lisa R. Jones Wichita Business Entity Hon. Janice Miller Karlin Topeka Casey R. Law McPherson Transaction Julene L. Miller Topeka Hon. Robert E. Nugent Wichita Act Wichita Nancy A. Ogle By Edwin W. Hecker Jr. Professor John C. Peck Lake Quivira Rachael K. Pirner Wichita Teresa M. Schreffler Lawrence Richard H. Seaton Sr. Manhattan Sarah B. Shattuck Ashland Richard D. Smith Topeka Items of Interest Regular Features Marty M. Snyder Topeka Matthew A. Spurgin Topeka 08 Up to Date with the Kansas 06 President’s Message Catherine A. Walter Topeka Lawyers Assistance Program Young Lawyers Section News Issaku Yamaashi Overland Park 09 10 The Economics of Diversity Terri S. Bezek, BOG liaison Topeka 11 Law Students’ Corner 13 KBF’s IOLTA Grant Application Deadline is October 7 14 Members in the News Richard D. Ralls, Chairperson [email protected] 18 Rule 8.03: Supreme Court Review 15 Obituaries Beth Warrington, Communications Manager of Court of Appeals Decisions [email protected] 17 Law Practice Management Tips & Tricks 31 Appellate Decisions 38 Appellate Practice Reminders OUR MISSION 45 Classifieds 46 CLE Docket 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. www.ksbar.org The Journal of the Kansas Bar Association | September 2011 3 Let your VOICE be Heard! 2011-12 KBA Officers and Board of Governors PRESIDENT DISTRICT 2 (CON’T.) DISTRICT 10 Rachael K. Pirner Rep. Paul T. Davis Jeffery A. Mason (316) 630-8100 Wichita (785) 843-7674 Lawrence (785) 890-6588 Goodland [email protected] [email protected] [email protected] PRESIDENT-ELECT DISTRICT 3 DISTRICT 11 Lee M. Smithyman Eric L. Rosenblad Nancy Morales Gonzalez (913) 661-9800 Overland Park (620) 232-1330 Pittsburg (816) 936-5788 Kansas City, Mo. [email protected] [email protected] [email protected] VICE PRESIDENT DISTRICT 4 DISTRICT 12 Dennis D. Depew William E. Muret William E. Quick (620) 325-2626 Neodesha (620) 221-7200 Winfield (816) 360-4335 Kansas City, Mo. [email protected] [email protected] [email protected] SECRETARY-TREASURER DISTRICT 5 AT-LARGE GovERNOR Gerald L. Green Terri S. Bezek Gwynne Harris Birzer (620) 662-0537 Hutchinson (785) 296-2639 Topeka (316) 265-7741 Wichita [email protected] [email protected] [email protected] ImmEDIATE PAST PRESIDENT Natalie G. Haag KDJA REPRESENTATIVE Glenn R. Braun (785) 438-3121 Topeka Hon. Richard M. Smith (785) 625-6919 Hays [email protected] (913) 795-2622 Mound City [email protected] DISTRICT 6 [email protected] YOUNG LAWYERS SECTION PRESIDENT Bruce W. Kent KBA DELEGATE TO ABA Vincent M Cox (785) 556-2019 Manhattan Sara S. Beezley (785) 232-7761 Topeka [email protected] (620) 724-4111 Girard [email protected] DISTRICT 7 [email protected] DISTRICT 1 Matthew C. Hesse KBA DELEGATE TO ABA Gregory P. Goheen (316) 858-4924 Wichita Linda S. Parks (913) 371-3838 Kansas City, Kan. [email protected] (316) 265-7741 Wichita [email protected] J. Michael Kennalley [email protected] (316) 263-3200 Wichita Kip A. Kubin [email protected] ABA BOARD OF GovERNORS (816) 531-8188 Kansas City, Mo. Thomas A. Hamill [email protected] Calvin D. Rider (316) 267-7361 x 157 Wichita (913) 491-5500 Overland Park Eric G. Kraft [email protected] [email protected] (913) 498-3536 Overland Park 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 Jeffrey J. Alderman 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 legal profession through funding chari- 16 table and educational projects that foster A Nostalgic Touch: the welfare, honor, and integrity of the legal system by improving its accessibility, equality, and uniformity, and by enhanc- Greensburg, Kan., ing public opinion of the role of lawyers in our society. and Charley Herd Kansas Law Center By Matthew Keenan 1200 SW Harrison Topeka, Kansas 66612-1806 Telephone: (785) 234-5696 Fax: (785) 234-3813 Website: www.ksbar.org OFFICERS Daniel H. Diepenbrock Liberal President [email protected] Joni J. Franklin Wichita President-elect [email protected] Cover layout & design by Ryan Purcell [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 Dyer Wichita Gregory P. Goheen Kansas City, Kan. James L. Hargrove El Dorado Aaron L. Kite Dodge City Charles L. Lee Hutchinson 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 Representative Bruce W. Kent Manhattan Kansas Bar Association Representative Timothy M. O’Brien Kansas City, Kan. Kansas Bar Association Representative EXECUTIVE DIRECTOR Jeffrey J. Alderman Topeka [email protected] MANAGER, PUBLIC SERVICES Kelsey Schrempp Topeka [email protected] www.ksbar.org The Journal of the Kansas Bar Association | September 2011 5 FROM THE PRESIDENT RACHAEL K. PIRNER Visiting the Local and Specialty Bar Meetings “A journey is best measured in friends, rather than miles.” – Tim Cahill ell, I am off and running to various local and specialty bar meetings. All of these meetings seem to have two things in common — really great colleagues and food. WSince the last column, I attended a bar meeting for the 31st Ju- dicial District in Fredonia. The 31st Judicial District is a friendly group of peers, and they get together three times each year for CLE, followed by a social event; in addition to the Fredonia meeting, the group meets in Erie and at Concreto. It was quite enjoyable to meet with new friends from that part of the state, and I must admit that I particularly enjoyed some funny stories that were told. In one, a then-county attorney, who lives across Lindsborg (l-r): Maddy the street from the golf course, was awakened by gunshots at Rogers, Angela Madathil, 2:30 a.m. After peering out of his window, he called the Wilson and Krystal Vokins. County sheriff to report that one or more individuals were shoot- ney from out of town who ing guns from a pickup truck while driving on the Fredonia golf regularly began appearing course. He was sure that it was some local teens up to no good. on Fridays … lots and lots Upon investigation, the sheriff discovered that one of the two of Fridays. He began at- culprits was the then presiding district court judge; the shooters tending so regularly (and were out to eliminate nasty little armadillos that were destroying eating free) that he was the course greens. eventually asked to join Next, I went on to the annual statewide women attorneys as- and pay his membership sociation meeting in Lindsborg, where approximately 155 attor- fee. I was also entertained with the tale of an attor- ney from the other side of the state line (south not west), who asked for a re- Lindsborg: Bethany Roberts. cess during trial. The Lib- eral lawyer had no objection, until three and one-half hours later when he discovered that the other lawyer had left the courtroom, 31st Judicial District (l-r): Rustin Rankin, Ross Albertini, Rachael Pirner, Hon. Tom Saxton, Jerry Hathaway, and Dennis Depew. neys from across the state met for CLE, activities, and camara- derie over three days in July. Ironically, the theme of this year’s conference was “HOT, HOT, HOT.” Boy was it ever! Finally, the Liberal bar is comprised of a very congenial group of lawyers, who meet every Friday, and I am told the bar associa- tion will happily buy lunch for outsiders who happen to be in Liberal (Seward-Haskell) Bar Association (l-r): Dan Diepenbrock, town that day. Now, I do caution that I was told about an attor- Rachael Pirner, and Jason Maxwell. KBA President Rachael Pirner may be reached by email at [email protected], by phone at (316) 630-8100, or by posting a note on our Facebook page at www.facebook.com/ksbar. 6 September 2011 | The Journal of the Kansas Bar Association www.ksbar.org Liberal (Seward-Haskell) Bar Association (l-r): Clint Floyd, Dave Miami County Bar Association (l-r): Lee Smithyman, Geri L. Hartley, Rebein, David West, and Hon. Bradley Ambrosier. and Trey Meyer. the courthouse, and the state to cover a hearing in another case! Lee Smithyman attended the Ottawa Bar Association, which Our lunch was at Billy’s BBQ, good food, good turnout, and had its regular meeting on Friday, June 24.
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