36 | Adoption in Kansas: Nearly 25 Years After KARA, Where Are We? By Nancy S. Anstaett Cover layout & design by Ryan Purcell, [email protected] 5 | 2015 KBA Officers & Board of Governors 18 | 2015 KBA Awards Elections 20 | 21 Honored by the KBA for Their Service to 8 | Kan We Connect? the Profession By Dennis Taylor 24 | Milestones for Members of the Legal 9 | IOLTA Funds Helps Victims of Domestic Community Violence Across Kansas By Marilyn Harp 25 | In Memoriam ... You’ll be Missed 17 | Notice of Amendment of the Local Rules of 26 | 2014 KBF Golf Tournament Results Practice and Procedure of the U.S. Bankruptcy Court for the District of Kansas Regular Features 6 | KBA President 14 | Law Practice Management Tips & Tricks By Gerald L. “Jerry” Green By Larry N. Zimmerman 7 | YLS President 15 | A Nostalgic Touch of Humor By Sarah E. Warner By Matthew Keenan 10 | Substance & Style 16 | Members in the News By Pamela Keller 16 | Obituaries 12 | Peter Pan By Anne McDonald 47 | Appellate Decisions 13 | Law Students’ Column 48 | Appellate Practice Reminders By Kasey Considine 60 | Classified Advertisements E Let your VOICE be TH 2014-15 Heard! KBA Officers & Board of Governors President JOURNAL Gerald L. Green, [email protected] OF THE KANSAS BAR ASSOCIATION President-Elect Natalie Haag, [email protected] Vice President 2014-15 Stephen N. Six, [email protected] Journal Board of Editors Secretary-Treasurer Gregory P. Goheen, [email protected] Richard D. Ralls, chair, [email protected] Immediate Past President Terri Savely Bezek, BOG liaison, [email protected] Dennis D. Depew, [email protected] Hon. David E. Bruns, [email protected] Young Lawyers Section President Boyd A. Byers, [email protected] Sarah Warner, [email protected] Emily Grant, [email protected] District 1 Connie S. Hamilton, [email protected] Christi L. Bright, [email protected] Katharine J. Jackson, [email protected] Toby J. Crouse, [email protected] Michael T. Jilka, [email protected] Mark A. Dupree, [email protected] Lisa R. Jones, [email protected] Mira Mdivani, [email protected] Hon. Janice Miller Karlin, [email protected] District 2 Casey R. Law, [email protected] Charles E. Branson, [email protected] Hon. Sally D. Pokorny, [email protected] Julene L. Miller, [email protected] Hon. Robert E. Nugent, [email protected] District 3 Eric L. Rosenblad, [email protected] Professor John C. Peck, [email protected] District 4 Rachael K. Pirner, [email protected] Brian L. Williams, [email protected] Karen Renwick, [email protected] District 5 Teresa M. Schreffler, [email protected] Terri S. Bezek, [email protected] Richard H. Seaton Sr., [email protected] Cheryl L. Whelan, [email protected] Sarah B. Shattuck, [email protected] District 6 Richard D. Smith, [email protected] Bruce W. Kent, [email protected] Marty M. Snyder, [email protected] District 7 Matthew A. Spurgin, [email protected] Gary Ayers, [email protected] Catherine A. Walter, [email protected] J. Michael Kennalley, [email protected] Beth A. Warrington, staff liaison, [email protected] Calvin D. Rider, [email protected] Issaku Yamaashi, [email protected] District 8 Natalie Yoza, [email protected] John B. Swearer, [email protected] District 9 The Journal Board of Editors is responsible for the selection and editing of David J. Rebein, [email protected] all substantive legal articles that appear in The Journal of the Kansas Bar District 10 Association. The board reviews all article submissions during its quarterly Jeffery A. Mason, [email protected] meetings (January, April, July, and October). If an attorney would like to submit an article for consideration, please send a draft or outline to Beth District 11 Warrington, communication services director, at [email protected]. Nancy Morales Gonzalez, [email protected] District 12 William E. Quick, [email protected] The Journal of the Kansas Bar Association (ISSN 0022-8486) is published monthly with combined issues for July/August and November/December At-Large Governor for a total of 10 issues a year. Periodical Postage Rates paid at Topeka, Kan., Bruce A. Ney, [email protected] and at additional mailing offices. The Journal of the Kansas Bar Association KDJA Representative is published by the Kansas Bar Association, 1200 SW Harrison St., Topeka, Hon. Daniel A. Duncan, [email protected] KS 66612-1806; Phone: (785) 234-5696; Fax: (785) 234-3813. Member subscription is $25 a year, which is included in annual dues. Nonmember KBA Delegate to ABA subscription rate is $45 a year. Linda S. Parks, [email protected] Rachael K. Pirner, [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 Hon. Christel E. Marquardt, [email protected] legal articles published in The Journal of the Kansas Bar Association. Copyright © 2014 Kansas Bar Association, Topeka, Kan. Executive Director Jordan E. Yochim, [email protected] For display advertising information contact Bill Spillman at (877) 878-3260 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 Another Annual Meeting in the Books am writing this, my fourth president’s column, just a few As for the annual meeting itself, the CLE was exceptional. days after attending this year’s annual meeting in Topeka. I My hat is off to the Planning Committee for such an excel- Irealize that before this column appears in the Journal, one I lent line up. All the presenters were good, including the serious wrote a month ago will be available for your reading pleasure. and not so serious; I particularly enjoyed Sean Carter. Who Or maybe not! In any event, by the time this column appears, knew legal ethics could be so funny? I also had the privilege the annual meeting will have come and gone at least a couple of attending the Diversity Committee’s breakfast. All of our of months ago. Still, I would be remiss if I did not take this committees and sections are important, but the importance of opportunity to reflect back on our annual meeting. diversity within the KBA membership and leadership, as well Assuming you hang on every word I write and anxiously as diversity in our profession and in our society as a whole, await each month’s column, or even if you don’t, which is more cannot be overstated. In fact, I plan to devote one of my future likely the case, you may recall two months ago I devoted my columns to that very subject. column to what was then our upcoming annual meeting. Now It was an honor to help present the awards to some of our having completed it, I have several observations to share with most deserving members at the awards luncheon. Every time you. I welcome your thoughts and observations as well, should I am fortunate enough to be involved or observe such awards, you wish to share them with me in return. I am reminded of how lucky I am to be a part of such a won- First, the meeting was a success, though, as has been the case derful profession. Not because of anything I have done, but in the recent past, I wish more of you had participated. I do because of so many of my colleagues and peers who have done not say that to try shame anyone or to suggest you are not so much. Congratulations to all who were honored. a loyal KBA member if you did not attend. As I wrote two Finally, but not necessarily in order of priority or enjoyment, months ago, the annual meeting is not for everyone, nor does the Bar Show was exceptional and entertaining from the first it have to be, nor should it be. My wish that more members line and scene to the very end and curtain call. I congratulate would have attended is because of my sincere belief you missed the Topeka Bar on its obvious hard work, talents and creativ- something good if you did not. ity. Tasteful, yet poignant, the show had just the right blend of The golf tournament on Thursday, to raise money for the humor, satire and just plain making fun of people. Well done Kansas Bar Foundation, was a success. The weather was beau- to all who participated and who helped make it such a good tiful, no rain, no wind, and the Topeka Country Club could show. not have been in better condition. I must admit though, that Also, I want to thank the KBA staff for their hard work in given the way my team performed (all partners of mine who helping put on our annual meeting. Their days started early wished not to be publically identified), the highlight of the day and ended late, not to mention all the time put in during the was the burgers at lunch. I awarded the first place trophy in weeks and months leading up to the event.