22 | The Move to Cloud City The Benefits and Risks of Cloud Computing By J. Nick Badgerow Cover layout & design by Beth Warrington, [email protected] 5 | 2015 KBA Officers & Board of Governors 29 | 2015 Legislative Outlook Elections By Joseph N. Molina III 10 | Talking to Students and Teachers About the 30 | 2015 Lawyer and Law-Trained Legislators U.S. Constitution By Hon. G. Joseph Pierron 32 | Stealth Takings: Inverse Condemnation By Mary Feighny 20 | 2015 KBA Awards 40 | 2014 Outstanding Speakers Recognition Regular Features 6 | KBA President 17 | Law Students’ Column By Gerald L. “Jerry” Green By Brett Shanks 7 | YLS President 18 | Members in the News By Sarah E. Warner 19 | Obituaries 12 | Substance & Style By Chelsi Hayden 42 | Appellate Decisions 14 | The Diversity Corner 43 | Appellate Practice Reminders By Katherine Lee Goyette 50 | Classified Advertisements 16 | Law Practice Management Tips & Tricks By Larry N. Zimmerman 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 © 2015 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 The Importance of Diversity in Our Profession have written and said many times before how proud and Smith is not alone in his observations. The American Bar honored I am to be a lawyer, and how proud I am of our Association recognized the critical importance of diversity Iprofession. And that remains the case today. Not because when it launched in 2009 a nationwide endeavor to assess of anything I have done or accomplished, but because of what the state of diversity in the legal profession, culminating in so many others have done, and what our profession as a whole its 2010 report from the ABA’s Presidential Initiative Com- has accomplished. mission on Diversity. The Commission’s conclusion was that Lawyers have consistently been at the forefront of bring- while as a profession we have made progress in becoming ing about needed change in our country. Our courts have more diverse, the overall lack of genuine diversity remained made decisions and enforced laws and constitutional rights a disappointment. Succinctly stated, the conclusion was that, that have advanced the rights of all citizens, without regard “Despite our efforts thus far, racial and ethnic groups, sexual to gender, race, national origin or other status. Lawyers have and gender minorities, and lawyers with disabilities continue undertaken causes that at the time were not popular, dem- to be vastly underrepresented in the legal profession.” onstrating courage and often sacrifice, personally and profes- The KBA also recognizes the importance of diversity in our sionally. Our courts have similarly made decisions that were profession. As I have mentioned in other columns, we have not initially accepted or embraced by everyone or all citizens. many important, hardworking and active committees and To be sure, our profession and the courts have not done these sections, but none more active or more important than our things alone, but in concert with many other professions, law- Diversity Committee. As a bar, we have made enhancing di- makers, groups and individuals who saw the need for change versity a priority and we must continue to do so. and worked to bring it about. The mission of the Diversity Committee is to help the KBA Were it not for lawyers and our courts, among others, so foster an inclusive, diverse bar association, promote under- many of the rights we now take for granted and almost uni- standing and respect for different points of view, and support formly accept, would not be so readily recognized. Were it not the advancement of diversity within the Kansas legal profes- for lawyers and our courts, people would still be divided solely sion and justice system. The KBA uses the term “diverse” to because of the color of their skin. People of color would still describe the composition of its membership, encompassing be sitting at the back of the bus and their children going to the characteristics of race, religion, color, sex, disability, na- separate schools. While the situation in Ferguson, Missouri, tional origin or ancestry, sexual orientation, and gender iden- clearly demonstrates we still have a long way to go, the accom- tity. We use the term “inclusive” to describe a culture that plishments and advancements to date have resulted in large values the perspectives, contributions, and needs of its diverse part from the efforts of the legal profession and the decisions members. Efforts to promote diversity within the legal profes- of our courts. sion have included creation of the KBA’s diversity award, the It is because of our profession’s role in bringing about provision of assistance and encouragement to diverse lawyers, much needed change, socially, culturally, educationally, etc., to become involved and to seek leadership positions within that I am proud to be a lawyer. I make no claim, however, the KBA, and the creation of an at-large board position for a that our profession and those who comprise it are perfect, diverse lawyer. But there remains more we can and should do. or that we are always right. Far from it, but as a profession, I have read numerous articles on the importance of diver- we are more often than not in the forefront of recognizing sity.