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THE OURNAL of the Kansas Bar Association Joctober 2007 • Volume 76 • No THE OURNAL of the Kansas Bar Association JOctober 2007 • Volume 76 • No. 9 THE KANSAS LAW CENTER NOW UNDER CONSTRUCTION THE PAST, PRESENT, AND FUTURE OF OUR HOME THE OURNAL of the Kansas Bar Association OctoberJ 2007 • Volume 76 • No. 9 ITEMS OF INTEREST REGULAR FEATURES 5 Kansas Law Center Receiving 4 President’s Message Much-Needed Addition and 6 Young Lawyers Section News Makeover 9 A Nostalgic Touch of Humor 11 Law Students’ Corner 13 Members in the News 16 Law Practice Management: In Memoriam 13 Dan’s Cartoon Five Tips in 5 Minutes 7 Hon. Dale L. Pohl 14 Obituaries By Larry N. Zimmerman KBA President 1988 – 1989 17 CLE Docket 34 Appellate Decisions 35 Appellate Practice Reminders 12 Deadline to Submit 2008 42 Classifieds IOLTA Grant Applications is Dec. 3, 2007 Cover design by David Gilham, KBA staff 18 BAPCPA: 17 Months of 22 A Practitioner’s Road map Reflection to Removal and Remand in Kansas Courts By Casey Tourtillott and 20 Thinking Ethics: Matt Corbin Information About Legal Services Mark your calendars! By Stanton Hazlett Renew your 35 Notice of Consideration of KBA Membership Reappointment of Magistrate Judge and Invitation for Public by December 31, 2007! Comment 28 October KBA Bookstore Specials: Kansas Annual Survey Bundle 40 10th Circuit Notice Our Mission: The Journal Board of Editors The Kansas Bar Association is dedicated to advancing the professionalism and legal Assistant Executive Director: skills of lawyers, providing services to its members, serving the community through René Eichem advocacy of public policy issues, encouraging public understanding of the law, and promoting the effective administration of our system of justice. Director of Bar Services: Susan McKaskle Terri Savely Bezek, Chair Topeka Michelle Reinert Mahieu Dodge City The Journal of the Kansas Bar Association is published monthly with combined issues for Anne L. Baker Topeka Hon. Tom Malone Topeka July/August and November/December for a total of 10 issues a year. Periodical Postage Julene Miller Topeka Rates paid at Topeka, Kan., and at additional mailing offices. The Journal of the Kansas Hon. Monti L. Belot Wichita Bar Association (ISSN 0022-8486) is published by the Kansas Bar Association, 1200 Boyd Byers Wichita Hon. Lawton R. Nuss Topeka S.W. Harrison, P.O. Box 1037, Topeka, KS 66601-1037; Phone: (785) 234-5696; Fax: Hon. Jerry Elliott Topeka Hon. James P. O’Hara Overland Park (785) 234-3813. Member subscription is $25 a year, which is included in annual dues. J. Lyn Entrikin Goering Topeka Prof. John Peck Lake Quivira Nonmember subscription rate is $45 a year. POSTMASTER: Send address changes to Richard D. Ralls Kansas City, Mo. The Journal of the Kansas Bar Association, P.O. Box 1037, Topeka, KS 66601-1037. Connie Hamilton Topeka Mark D. Hinderks Overland Park Richard H. Seaton Manhattan The Kansas Bar Association and the members of the Board of Editors assume no Evan Ice Lawrence Marty M. Snyder Topeka responsibility for any opinion or statement of fact in the substantive legal articles Catherine A. Walter Topeka published in The Journal of the Kansas Bar Association. Katharine J. Jackson Manhattan Michael T. Jilka Overland Park Diane S. Worth Wichita For advertising information contact Suzanne Green at (800) 211-1344 or e-mail Casey Law McPherson Martha Coffman, board liaison Topeka [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 Linda S. Parks R U Interested? ne of my favorite movie lines is from “North by lawyer population.” They seek to make legal services available Northwest,” when Cary Grant is telling a federal 4ALL. And they have reached out to bar leadership in the agent why he refuses to help foil the bad guys. He other 49 states. They offer to provide a “starter kit” for any Osays, “I have a job, a secretary, a mother, two ex-wives, and associations who are interested in following their lead. They several bartenders who depend on me for their support. I do have already purchased Web site addresses for each state, in- not intend to disappoint them all by getting myself killed.” I cluding Kansas — www.4ALLKS.org — all we have to do is love that line. Occasionally I take liberties and use it myself. take it from there. Interested? As lawyers, we are all busy people. We have jobs, families, I heard from at least two bar organizations who have worked and friends that demand our time. There are many excuses not to raise money to establish Children’s Waiting Rooms at their to take on more, and we really should marvel at how much courthouses. So, for example, the mother of three children lawyers do above and beyond supporting their jobs, fami- under the age of 6, who has a domestic case or a traffic case, lies, and ex-husbands. Lawyers give a lot of money to worthy can come to court and leave the kids in the Children’s Wait- causes. Lawyers give a lot of their time as well. We volunteer ing Room. She can then go to the courtroom to deal with for charitable organizations, we join charitable organizations, her case — instead of her children. These waiting rooms are and we sit on boards of charitable organizations. These organi- fully staffed with licensed day care providers and are available zations range from the symphony to Old Cowtown Museum to all. The lawyers who have these facilities available at their to coaching children’s athletics to Junior League. courthouses say they are a tremendous help to the poor and And we also volunteer through the many bar associations truly do promote access to justice. Interested? and foundations that exist. In Wichita, bar members volunteer Another state bar association has established a Lawyer Ad- for the Mennonite Housing Repair Affair — where dozens of vertising Review Committee. We all have learned that lawyer lawyers assist Mennonite Housing in refurbishing homes for advertising is not unethical — but there are limits. And so, the poor. We speak to school kids about the Constitution for as a service to the community and to the bar, this committee Law Day. The Wichita Women Attorneys Association mem- is providing oversight and advice. The only real oversight we bers volunteer for the Protection from Abuse docket. And the have in Kansas is through the Disciplinary Administrator. It list goes on. might be nice to have some input and advice before things But I have just returned from the meeting of the Ameri- reach that stage. Interested? can Bar Association. And I come to you armed with NEW Over the course of approximately 18 months, the Okla- ideas. Please, keep reading. Don’t give up on me yet. I just homa Bar Association (OBA) lost one lawyer per month to want to share some of these ideas with Kansas Bar Association suicide. The statistics tell us that depression is a serious prob- members to see if anything catches. To see if someone says, lem challenging lawyers everywhere. To address the issue, the “Wow. Why didn’t I think of that? I want to see us take on OBA created a Work/Life Balance Committee to “help attor- that project.” I feel that way about a lot of the projects, but neys accomplish professional development and growth while I seek guidance, to see if the greater bar finds something of also achieving fulfillment in their personal lives.” In addition particular interest. to providing a forum for discussion of “how to” manage the So consider: demands of career, family, personal, and societal obligations, The North Carolina Bar Association (NCBA) has recently the OBA offers all bar members up to six hours of free, profes- launched the 4ALL Campaign. The focus of the 4ALL Cam- sional, confidential crisis counseling, available 24 hours a day. paign is to deal with the growing population of underprivi- Interested? leged folks who are simply unable to obtain legal services. The There are more ideas. But as I mentioned, time is short. four goals of the campaign are to “educate, legislate, donate, We are all using fax machines, laptops, electronic mail, and, participate.” By that, the NCBA is attempting to “(1) ensure of course, text messages to try to speed through our day. To that the legal community understands the legal needs of the “do it all.” There are lots of excuses for not taking on more. state’s poverty population, (2) increase state support of legal We are, after all, busy people. But, hey, we are not THAT services providers and loan repayment for legal services attor- busy. There are some GREAT ideas here. I’m interested. neys by legislative solutions, (3) increase donations to legal Are you? n services, and (4) increase pro bono volunteerism among the Linda S. Parks can be reached by e-mail at [email protected] or by phone at (316) 265-7741. 4 – OCTOBER 2007 THE JOURNAL OF THE KANSAS BAR ASSOCIATION Executive Director’s Notes Jeffrey Alderman Kansas Law Center Receiving Much- Needed Addition and Makeover Rededication scheduled for 2008 Annual Meeting As many members are aware, the Kansas Law Center in By expanding and improving the Kansas Law Center today, Topeka serves as the headquarters for both the Kansas Bar we are laying the foundation for enhanced member services Association and the Kansas Bar Foundation. tomorrow. The building was opened in October 1981, and for years the The photograph below shows the progress of phase one of Law Center has symbolized the Kansas Bar’s efforts during its the project, which is an expanded parking lot.
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