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Your Partner in the Profession | February 2020 • Vol. 89 • No. 2 Justice Delayed: My Journey Inside the Secret Tent Courts Where Refugees are Being Denied Dignity and Due Process by Rekha Sharma-Crawford P 6 Resting in Pieces: Why Family Harmony is a Frequent Casualty of Most Estate Plans by Tim O’Sullivan P 32 Paper checks are notoriously unreliable. They get lost in the mail, they get tossed in the laundry, and they carry a lot of sensitive information around with them wherever they go. LawPay changes all of that. Give your clients the flexibility to pay you from anywhere, anytime. Most importantly, we ensure you stay in compliance with ABA and IOLTA guidelines. Proud Member Benefit Provider 888-281-8915 or visit lawpay.com/ksbar 6| Justice Delayed: My Journey Inside the Secret Tent Courts Where Refugees are Being Denied Dignity and Due Process by Rekha Sharma-Crawford 32| Resting in Pieces: Why Family Harmony is a Frequent Casualty of Most Estate Plans by Tim O’Sullivan Cover Design by Ryan Purcell Special Features 21 | 2020 Legislative Preview ...............................................................Joseph N. Molina III 25 | DCF Series: Child Welfare System Task Force Update .........................Linda Gallagher 51 | Intersection of Domestic, CINC, and Juvenile Offender Laws, and What Lawyers Should Advise Clients About Them .............................................. Hon. Kevin M. Smith Regular Features 15 | KBA President 57 | Law Students’ Corner There are Not Enough Hours in a Day— Environmental Justice—It’s Our Problem, Too How We Should Treat Our Most Valuable Resource ............................................................. Hannah Lustman ...........................................................Mira Mdivani 60 | Members in the News 18 | YLS President Active Educational Outreach is Part of YLS Mission: 62 | Obituaries Looking Ahead to Law Day 2020 ...Mitch Biebighauser 65 | Appellate Decisions 20 | February CLEs Love to Learn? Take a CLE! 71 | Appellate Practice Reminders Have 2020 Vision The Year: Appellate Courts ....... 24 | Kansas Bar Foundation Docket Weeks .............................. Douglas T. Shima Need a Trust Account? Consider IOLTA 72 | Advertising Directory NEW 28 | Law Practice Management Tips and Tricks The Consumer Electronics Show ........ Larry Zimmerman 73 | Classified Advertisements www.ksbar.org | February 2020 3 E Let your VOICE TH 2019-20 be KBA Officers & Board of Governors Heard! JOURNAL President OF THE KANSAS BAR ASSOCIATION Mira Mdivani, [email protected] President-elect 2019-20 Charles E. Branson, [email protected] Journal Board of Editors Vice President Cheryl Whelan, [email protected] Emily Grant (Topeka), chair, [email protected] Secretary-Treasurer Nancy Morales Gonzalez, [email protected] Sarah G. Briley (Wichita), [email protected] Hon. David E. Bruns (Topeka), [email protected] Immediate Past President Hon. Sarah E. Warner, [email protected] Richard L. Budden (Kansas City), [email protected] Boyd A. Byers (Wichita), [email protected] Young Lawyers Section President Mitch Biebighauser, [email protected] Jennifer Cocking (Topeka), [email protected] Connie S. Hamilton (Manhattan), [email protected] District 1 Michael J. Fleming, [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] Casey R. Law (McPherson), [email protected] District 2 Hon. Robert E. Nugent (Wichita), [email protected] Bethany Roberts, [email protected] Professor John C. Peck (Lawrence), [email protected] District 3 Rachael K. Pirner (Wichita), [email protected] Angela M. Meyer, [email protected] Richard D. Ralls (Overland Park), [email protected] District 4 Karen Renwick (Kansas City), [email protected] Brian L. Williams, [email protected] Jennifer Salva (Kansas City), [email protected] District 5 Teresa M. Schreffler (Wichita), [email protected] Vincent Cox, [email protected] Richard H. Seaton Sr. (Manhattan), [email protected] Terri J. Pemberton, [email protected] Sarah B. Shattuck (Ashland), [email protected] District 6 Richard D. Smith (Topeka), [email protected] Tish S. Morrical, [email protected] Marty M. Snyder (Topeka), [email protected] District 7 Patti Van Slyke, Journal Editor & Staff Liaison, [email protected] Gary L. Ayers, [email protected] Hon. Jeffrey E. Goering, [email protected] Catherine A. Walter (Topeka), [email protected] Megan S. Monsour, [email protected] Meg Wickham, Dir. of Communications & Member Svcs., [email protected] District 8 Issaku Yamaashi (Overland Park), [email protected] Gaye B. Tibbets, [email protected] Natalie Yoza (Topeka), [email protected] District 9 Aaron L. Kite, [email protected] The Journal Board of Editors is responsible for the selection and editing of all substantive legal articles that appear in The Journal of the Kansas Bar Association. District 10 The board reviews all article submissions during its quarterly meetings (January, Gregory A. Schwartz, [email protected] April, July, and October). If an attorney would like to submit an article for District 11 consideration, please send a draft or outline to Patti Van Slyke, Journal Editor Mark Dupree, [email protected] at [email protected]. District 12 Alexander P. Aguilera, [email protected] Ryan Purcell, graphic designer, [email protected] Bruce A. Ney, [email protected] John M. Shoemaker, [email protected] At-Large Governor The Journal of the Kansas Bar Association (ISSN 0022-8486) is published Eunice Peters, [email protected] monthly with combined issues for July/August and November/December for a total of 10 issues a year. Periodical Postage Rates paid at Topeka, Kan., and at KDJA Representative additional mailing offices. The Journal of the Kansas Bar Association is published Hon. James R. Fleetwood, [email protected] by the Kansas Bar Association, 1200 SW Harrison St., Topeka, KS 66612-1806; KBA Delegate to ABA House Phone: (785) 234-5696; Fax: (785) 234-3813. Member subscription is $25 a year, Natalie G. Haag, [email protected] which is included in annual dues. Nonmember subscription rate is $45 a year. Eric Rosenblad, [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 Linda S. Parks, [email protected] legal articles published in The Journal of the Kansas Bar Association. YL Delegate to ABA House Copyright © 2017 Kansas Bar Association, Topeka, Kan. Joslyn Kusiak, [email protected] For display advertising information, contact: Interim Executive Director Bill Spilman at (877) 878-3260 toll-free, (309) 483-6467 or Karla Whitaker, [email protected] email [email protected] For classified advertising information contact Patti Van Slyke at (785) 234-5696 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 product or service advertised unless otherwise indicated. legal skills of lawyers, providing services to its members, serving the community 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 Protect Your Firm. Help More People. Be the Lawyer You Want to Be. Find out more about your KBA-endorsed carrier at www.alpsnet.com/kbajournal malpractice insurance for the law firm (800) 367-2577 www.alpsnet.com learnmorewww.ksbar.org@alpsn | e Februaryt.co 2020m 5 Justice Denied: My journey inside the secret tent courts where refugees are being denied dignity and due process A First Hand Report by Rekha Sharma-Crawford “What I saw was not due process. It was not the rule of law. It was lawlessness.” ourts are supposed to be about due process, fairness radical departure from long-standing asylum procedure that and the rule of law. Yet, I did not find justice at work puts migrants at risk of new violence. in the canvas tents set up near the southern border In Brownsville, I saw that the injustices do not end there. Cto house secretive immigration courts. Advocates had, for months, warned of unconstitutional treatment of migrants On hearing days, Customs and Border Protection agents and fundamental breakdowns in the judicial process. allow migrants to cross from Matamoros to Brownsville into an unnamed city of tents. The canvas cloaks beige shipping Given the stakes, I had to see it for myself. containers, which have been converted into “courtrooms.” Early in December 2019, as a Kansas City attorney fighting Unlike those found across the United States, which are open for the rights of immigrants and refugees, I flew to Browns- to the public, this “courthouse” is inaccessible except to a ville, Texas and crossed into Matamoros, Mexico where hun- limited few. Security guards allow only those with official, dreds of Central American migrants are waiting for their turn approved business to pass through the chain-link gates and to see an immigration judge. Under the “Migrant Protection locked doors. The public is
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