22 | Regulating Speech Behind the Schoolhouse Doors By Sarah J. Loquist-Berry Cover layout & design by Ryan Purcell, [email protected] 10 | Building a Sturdy Foundation 12 | The “Get It” Factor By Kathy Kirk By Hon. Steve Leben 10 | Elder Law Hotline Orientation – May 21 13 | 2014 KBA Elections 11 | Spring Signifies a Fresh Start and New Growth 20 | Coming Full Circle on Addiction in the Courtroom By Dr. Brian Russell Regular Features 6 | KBA President 16 | Substance & Style By Dennis D. Depew By Emily Grant 8 | YLS President 17 | A Nostalgic Touch of Humor By Jeffrey W. Gettler By Matthew Keenan 9 | The Diversity Corner 18 | Members in the News By Amanda Marshall 19 | Obituaries 14 | Anxiety Relief: How to Combat Stress and Anxiety Through Mindfulness Meditation 33 | Appellate Decisions By Matthew Moore 34 | Appellate Practice Reminders 15 | Law Practice Management Tips & Tricks 44 | Classified Advertisements By Larry N. Zimmerman E Let your VOICE be TH 2013-14 Heard! KBA Officers & Board of Governors President JOURNAL Dennis D. Depew, [email protected] OF THE KANSAS BAR ASSOCIATION President-Elect Gerald L. Green, [email protected] Vice President 2013-14 Natalie Haag, [email protected] Journal Board of Editors Secretary-Treasurer Stephen N. Six, [email protected] Richard D. Ralls, chair, [email protected] Terri Savely Bezek, BOG liaison, [email protected] Immediate Past President Lee M. Smithyman, [email protected] Joan M. Bowen, [email protected] Hon. David E. Bruns, [email protected] Young Lawyers Section President Jeffrey W. Gettler, [email protected] Boyd A. Byers, [email protected] District 1 Toby J. Crouse, [email protected] Christi L. Bright, [email protected] Emily Grant, [email protected] Toby J. Crouse, [email protected] Connie S. Hamilton, [email protected] Gregory P. Goheen, [email protected] Katharine J. Jackson, [email protected] Mira Mdivani, [email protected] Michael T. Jilka, [email protected] District 2 Lisa R. Jones, [email protected] Charles E. Branson, [email protected] Hon. Sally D. Pokorny, [email protected] Hon. Janice Miller Karlin, [email protected] Casey R. Law, [email protected] District 3 Eric L. Rosenblad, [email protected] Julene L. Miller, [email protected] District 4 Hon. Robert E. Nugent, [email protected] Brian L. Williams, [email protected] Professor John C. Peck, [email protected] District 5 Rachael K. Pirner, [email protected] Terri S. Bezek, [email protected] Karen Renwick, [email protected] Cheryl L. Whelan, [email protected] Teresa M. Schreffler, [email protected] District 6 Richard H. Seaton Sr., [email protected] Bruce W. Kent, [email protected] Sarah B. Shattuck, [email protected] District 7 Richard D. Smith, [email protected] Matthew C. Hesse, [email protected] Marty M. Snyder, [email protected] J. Michael Kennalley, [email protected] Calvin D. Rider, [email protected] Matthew A. Spurgin, [email protected] Catherine A. Walter, [email protected] District 8 John B. Swearer, [email protected] Beth A. Warrington, staff liaison, [email protected] Issaku Yamaashi, [email protected] District 9 David J. Rebein, [email protected] The Journal Board of Editors is responsible for the selection and editing of District 10 all substantive legal articles that appear in The Journal of the Kansas Bar Jeffery A. Mason, [email protected] Association. The board reviews all article submissions during its quarterly District 11 meetings (January, April, July, and October). If an attorney would like to Nancy Morales Gonzalez, [email protected] submit an article for consideration, please send a draft or outline to Beth Warrington, communication services director, at [email protected]. District 12 William E. Quick, [email protected] At-Large Governor The Journal of the Kansas Bar Association (ISSN 0022-8486) is published Vacant 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., KDJA Representative and at additional mailing offices. The Journal of the Kansas Bar Association Hon. Thomas E. Foster, [email protected] is published by the Kansas Bar Association, 1200 SW Harrison St., Topeka, KBA Delegate to ABA KS 66612-1806; Phone: (785) 234-5696; Fax: (785) 234-3813. Member Linda S. Parks, [email protected] subscription is $25 a year, which is included in annual dues. Nonmember Rachael K. Pirner, [email protected] subscription rate is $45 a year. ABA Board of Governors The Kansas Bar Association and the members of the Board of Editors assume Thomas A. Hamill, [email protected] no responsibility for any opinion or statement of fact in the substantive ABA State Delegate legal articles published in The Journal of the Kansas Bar Association. Hon. Christel E. Marquardt, [email protected] Copyright © 2014 Kansas Bar Association, Topeka, Kan. Executive Director For display advertising information contact Bill Spillman at (877) 878-3260 Jordan E. Yochim, [email protected] or email [email protected]. For classified advertising information contact Beth Warrington at (785) 234- OUR MISSION 5696 or email [email protected]. Publication of advertisements is not to be deemed an endorsement of any The Kansas Bar Association is dedicated to advancing the professionalism product or service advertised unless otherwise indicated. and legal skills of lawyers, providing services to its members, serving the community through advocacy of public policy issues, encouraging public POSTMASTER: Send address changes to The Journal of the Kansas Bar understanding of the law, and promoting the effective administration of Association, 1200 SW Harrison St., Topeka, KS 66612-1806. our system of justice. 4 The Journal of the Kansas Bar Association kba president Meeting the KBA Staff he main reason that the KBA operates as well as it does is Alana Seelbach, Staff and Visitor Services Manager our dedicated and hard working staff. As we just installed a Serves as the ambassador of the Association, responsible for be- Tnew communications system at our office, it seemed like an ing the first point of contact for members and visitors. opportune time to recognize our staff members, provide their new Provides reception services for telephone and visitor traf- direct dial phone numbers and email addresses, describe what each fic. Assists members and the public with general inqui- of them does for our association so you know who to contact when ries and provides online resource guidance. Coordinates you need assistance, and, most importantly, allow our members who events and facilities use for members, staff, and other or- do not interact with our staff in person to put a face with a name. ganizations. Provides staff administrative support. Presidents come and go, and it is the staff that really carries out the Direct: (785) 861-8833 / Email: [email protected] day to day work of our association. To all of them I am eternally grateful. n Law Practice Services Executive Administration Danielle Hall, J.D., Law Practice Services Director Directs all aspects of the KBA CLE program, KBA Bookstore, Jordan E. Yochim, Executive Director KBA Sections, and Law Office Management Assistance Administers the affairs and resources of the Kansas Bar Association Program (LOMAP). Works with Kansas CLE Commis- and the Kansas Bar Foundation in the best interests of the sion to design and implement new CLE programs and membership, trustees, and the public in accordance with offers professional development programming. Works stated policies and directives of the officers and boards of with Board of Publishers, authors, and editors to coordi- both organizations. Speaks on behalf of the organizations nate production of KBA book series. Provides practice management in matters of public interest or on behalf of the organiza- guidance and professional consultations to KBA members. Provides tions in the presidents’ absence. Makes recommendations regarding guidance and assistance to section leaders and section members to programs and policies to the boards. Prepares annual budgets and plan events, publish books, recruit new leadership and members, administers resources in accordance with the strategic initiatives and and provide section outreach. Serves as staff attorney and legal advi- budgets as adopted. Oversees all Association/Foundation personnel sor to staff. including employment and compensation. Direct: (785) 861-8827 / Email: [email protected] Direct: (785) 861-8834 / Email: [email protected] Leslie Garwood Deana Mead, Associate Executive Director Develops and promotes Continuing Legal Education seminars Oversees and coordinates the KBA core services including Mem- in all forms. Works with authors/presenters to prepare ber and Market Services, Law Practice Services, and course materials and handles all events, including on-site, Communications Services. Serves as staff liaison to vari- coordination. Keeps apprised of changes in CLE rules ous association-wide committees including the Diversity and regulations. Provides assistance to section leaders and Annual Meeting Planning committees. Serves to by assisting with section marketing plans, section meet- oversee KBA operations in the executive director’s ab- ings and conference calls, and section CLE seminars. Interacts with sence. Ensures that all core services, including associated commit- members and non-members on legal education programming, en- tees, task forces, and volunteers receive appropriate