THEof the KansasOURNAL Bar Association J January 2007 • Volume 76 • No. 1 Lawyers in the Legislature What Can’t They Do? Limitations on the Power of Local Zoning Authorities This is your last issue if you have not renewed your membership. Let Your Voice be Heard! KBA Officers and Board of Governors PRESIDENT: YOUNG LAWYERS SECTION PRESIDENT: Teresa L. Watson David J. Rebein Paul T. Davis (785) 232-7761 Topeka (620) 227-8126 Dodge City (785) 843-7674 Lawrence [email protected] [email protected] [email protected] DISTRICT 6: PRESIDENT-ELECT: KDJA REPRESENTATIVE: Gabrielle M. Thompson Linda S. Parks Hon. Daniel L. Love Dodge City (785) 537-2943 Manhattan (316) 265-7741 Wichita (620) 227-4620 [email protected] [email protected] [email protected] DISTRICT 7: VICE PRESIDENT: DISTRICT 1: Laura L. Ice Ernest C. Ballweg Eric G. Kraft (316) 660-1258 Wichita (913) 491-6900 Overland Park (913) 498-3536 Overland Park [email protected] [email protected] [email protected] Rachael K. Pirner SECRETARY-TREASURER: Kip A. Kubin (316) 630-8100 Wichita Thomas E. Wright (816) 531-8188 Kansas City, Mo. [email protected] (785) 232-2200 Topeka [email protected] [email protected] Mary Kathryn “Kathy” Webb Lee M. Smithyman (316) 263-5851 Wichita EXECUTIVE DIRECTOR: (913) 661-9800 Overland Park [email protected] Jeffrey J. Alderman [email protected] (785) 234-5696 Topeka DISTRICT 8: [email protected] DISTRICT 2: Gerald L. Green Gerald R. Kuckelman (620) 662-0537 Hutchinson IMMEDIATE PAST PRESIDENT: (913) 367-2008 Atchison [email protected] Richard F. Hayse [email protected] (785) 232-2662 Topeka DISTRICT 9: [email protected] Jeffrey S. Southard Hon. Kim R. Schroeder (816) 329-8527 Lawrence (620) 428-6500 Hugoton KBA DELEGATES TO ABA: [email protected] [email protected] Sara S. Beezley (620) 724-4111 Girard DISTRICT 3: DISTRICT 10: [email protected] Dennis D. Depew Glenn R. Braun (620) 325-2626 Neodesha (785) 625-6919 Hays Hon. David J. Waxse [email protected] [email protected] (913) 551-5434 Kansas City, Kan. [email protected] DISTRICT 4: DISTRICT 11: William E. Muret Melissa A. Taylor Standridge KANSAS DELEGATE TO ABA: (620) 221-7200 Winfield (913) 551-5405 Kansas City, Kan. Thomas A. Hamill [email protected] melissa_taylor_standridge@ksd. (913) 491-5500 Overland Park uscourts.gov [email protected] DISTRICT 5: Martha J. Coffman DISTRICT 12: ABA DELEGATE AT LARGE: (785) 271-3105 Topeka Michael A. Williams Hon. Christel E. Marquardt [email protected] (816) 292-2000 Kansas City, Mo. (785) 296-6146 Topeka [email protected] [email protected] THE OURNAL of the Kansas Bar Association JanuaryJ 2007 • Volume 76 • No. 1 ITEMS OF INTEREST 7 KBF IOLTA ... Making a 20 Thinking Ethics: Acceptable In- Difference terference: The Ethics of Giving a Second Opinion 8 Advance Notice: Elections for 22 Lawyers in the Legislature 2007 KBA Officers and Board of Governors 28 What Can They Do? Limita- 9 2007 Kansas Bar Association 38 Notice of Consideration of tions on the Power of Local Awards Reappointment of Magistrate Zoning Authorities Judges By Patrick B. Hughes 12 Haney Takes Experience into the 39 Rule 706 Amendment Warrants Realm of Fiction Timely Attention by In-House Counsel Cover: (Top right) Constitution Hall in Lecompton. Home of the famous 13 Goodell, Stratton, Edomonds & Lecompton Constitution, 1857, which Palmer LLP Celebrates 125 Years was defeated by Congress. (Center) In 1855, the first Territorial Capital of REGULAR FEATURES Kansas was established near Fort Riley at 15 Kansas Legal Services Names 4 President’s Message the town of Pawnee. This likeness came New Execuitive Director 6 Young Lawyers Section News from a postcard mailed by a soldier at Fort Riley to his parents in Osborne, 11 A Nolstalgic Touch of Humor Kan. The postmark is 1913. (Bottom) 14 Law Students’ Corner While the new capitol building was 16 KBA CLE 2006 Outstanding 18 Members in the News under construction, a temporary capitol Speakers Recognition 18 Dan’s Cartoon was established in the 400 block of 19 Obituaries Kansas Avenue in Topeka. A citizens’ 42 Appellate Decisions group is currently working toward restoring that building. The Kansas 17 Recognition of 2006 Journal 45 Appellate Practice Reminders Capitol at Topeka was begun in 1866 Authors 54 Classifieds on 20 acres of land donated by Cyrus K. 55 CLE Docket Holliday in 1862. Our Mission: The Journal Board of Editors Michael T. Jilka Overland Park The Kansas Bar Association is dedicated to advancing the professionalism and legal Casey Law McPherson skills of lawyers, providing services to its members, serving the community through Assistant Executive Director: Michelle Reinert Mahieu Dodge City advocacy of public policy issues, encouraging public understanding of the law, and René Eichem Hon. Tom Malone Topeka promoting the effective administration of our system of justice. Managing Editor: Susan McKaskle Michelle Masoner Kansas City, Mo. Jill A. Michaux Topeka The Journal of the Kansas Bar Association is published monthly with combined issues for Terri Savely Bezek, Chair Topeka Julene Miller Topeka July/August and November/December for a total of 10 issues a year. Periodical Postage Anne L. Baker Topeka Brian J. Moline Topeka Rates paid at Topeka, Kan., and at additional mailing offices. The Journal of the Kansas Hon. Monti L. Belot Wichita Hon. Lawton R. Nuss Topeka Bar Association (ISSN 0022-8486) is published by the Kansas Bar Association, 1200 Hon. Donald W. Bostwick Wichita Hon. James P. O’Hara Overland Park S.W. Harrison, P.O. Box 1037, Topeka, KS 66601-1037; Phone: (785) 234-5696; Fax: Boyd Byers Wichita Prof. John Peck Lake Quivira (785) 234-3813. Member subscription is $25 a year, which is included in annual dues. Tamara Lee Davis Dodge City Richard D. Ralls Kansas City, Mo. Nonmember subscription rate is $45 a year. POSTMASTER: Send address changes to Hon. Jerry Elliott Topeka Richard H. Seaton Manhattan The Journal of the Kansas Bar Association, P.O. Box 1037, Topeka, KS 66601-1037. J. Lyn Entrikin Goering Topeka Marty M. Snyder Topeka Connie Hamilton Topeka Angela M. Stoller Lawrence The Kansas Bar Association and the members of the Board of Editors assume no Mark D. Hinderks Overland Park Catherine A. Walter Topeka responsibility for any opinion or statement of fact in the substantive legal articles Evan Ice Lawrence Diane S. Worth Wichita published in The Journal of the Kansas Bar Association. Katharine J. Jackson Manhattan Martha Coffman, board liaison Topeka For advertising information contact Suzanne Green at (800) 211-1344 or e-mail [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, managing editor, [email protected] From the President David J. Rebein What Return can I Make to my Profession? here is a gospel song, “What Return Can I Make?” The presidential campaign of 2008 has already begun. What return can I make for all the good things that Lawyers will, no doubt, play a prominent role. Sen. Hillary the Lord has given to me? That is a question many Clinton of New York, Sen. Sam Brownback of Kansas, Sen. Twill ponder as we begin this new year but within that ques- Barack Obama of Illinois, and Rudy Giuliani of New York tion is a related question. What return can I make to my are all lawyers in the hunt for the Oval Office. profession? This is indeed a noble profession. I am proud to be a law- No profession is as rooted in our history and our govern- yer and proud to stand with you. What return can I make ment as the legal profession. When our government was to this profession that has provided me a living, fed my formed, it was lawyers such as Jefferson and Adams who family, and given my life meaning? It is unlikely that I will were at the center of the debate and the work that became ever be president of the United States or governor of Kansas our unique form of Republic. or even mayor of Dodge City, but I can make a contribu- A democratically-elected government broken into three tion to this noble profession of ours. branches, executive, legislative, and judicial. My New Year’s resolution is to protect and defend this This judicial branch has been beaten and battered but has profession. This can be done in very simple ways. stood the test of time. At the center of the judicial branch Last year I wrote a letter to the editor of the Dodge City are the lawyers who represent the clients and argue the Daily Globe (see the next page). I simply pointed out great causes and who, if they are good enough, become the some of the good things that lawyers in our community judges that decide the great questions of our day. have done. To my surprise, the letter was printed. An old The judicial branch cannot mint money, fire a single bul- friend, a veterinarian of more than 50 years in practice, let, or drop even one bomb. But, by consent, it checks the approached me after this letter appeared in the paper. He power of the executive and legislative branches. told me that he appreciated my point and that he wished This unique idea of an independent judiciary is what dis- someone would do something similar for veterinarians. He tinguishes us from almost every other government. smiled and, as he parted, he taught me the secret veterinary It is no accident that throughout our history, lawyers handshake.