the journal · 2018. 3. 31. · the journal of the kansas bar association july/august 2008 •...

THE JOURNALof the Kansas Bar AssociationJuly/August 2008 • Volume 77• No. 7

www.ksbar.org

ESI ComES to thE K.S.A.: Kansas Adopts Federal Civil Procedure Rules on Electronic DisCovEry

KBA President Thomas E. Wright& his Predecessor Linda S. Parks

PrESIdEnt:Thomas E. Wright (785) 271-3166 [email protected]

PrESIdEnt-ElECt: Timothy M. O’Brien(913) 551-5734 Kansas City, Kan.Tim_O’[email protected]

vICE PrESIdEnt:Glenn R. Braun(785) 625-6919 [email protected]

SECrEtAry-trEASurEr:Hon. Benjamin L. Burgess(316) 660-5607 [email protected]

ExECutIvE dIrECtor:Jeffrey J. Alderman(785) 234-5696 [email protected]

ImmEdIAtE PASt PrESIdEnt:Linda S. Parks (316) 265-7741 [email protected]

KBA dElEgAtE to ABA:Sara S. Beezley(620) 724-4111 [email protected]

KAnSAS dElEgAtE to ABA:Thomas A. Hamill(913) 491-5500 Overland [email protected]

ABA dElEgAtE At lArgE:Hon. Christel E. Marquardt (785) 296-6146 [email protected]

young lAwyErS SECtIon PrESIdEnt:Scott M. Hill (316) 265-7741 [email protected]

KdJA rEPrESEntAtIvE:Hon. Meryl D. Wilson (785) 537-6372 [email protected]

dIStrICt 1:Eric G. Kraft (913) 498-3536 Overland [email protected]

Kip A. Kubin (816) 531-8188 Kansas City, [email protected]

Samuel P. Logan (913) 498-2100 Overland [email protected]

Lee M. Smithyman (913) 661-9800 Overland [email protected]

dIStrICt 2:Paul T. Davis(785) 843-7674 [email protected]

Gerald R. Kuckelman(913) 367-2008 [email protected]

dIStrICt 3:Dennis D. Depew (620) 325-2626 [email protected]

dIStrICt 4:William E. Muret (620) 221-7200 [email protected]

dIStrICt 5:Martha J. Coffman(785) 271-3105 [email protected]

Teresa L. Watson (785) 232-7761 [email protected]

dIStrICt 6:Gabrielle M. Thompson(785) 539-3336 [email protected]

dIStrICt 7:Matthew C. Hesse(316) 858-4924 [email protected]

Laura L. Ice(316) 660-1258 [email protected]

Rachael K. Pirner (316) 630-8100 [email protected]

dIStrICt 8:Gerald L. Green (620) 662-0537 [email protected]

dIStrICt 9:Hon. Kim R. Schroeder (620) 428-6500 [email protected]

dIStrICt 10:Vacant

dIStrICt 11:Nancy Morales Gonzalez(816) 474-6550 Kansas City, [email protected]

dIStrICt 12:Christopher J. Masoner(816) 983-8264 Kansas City, [email protected]

2008-2009 KBA Officers and Board of Governors

Let Your Voicebe Heard!

Our Mission:The Kansas Bar Association is dedicated to advancing the professionalism and legal skills of lawyers, providing services to its members, serving the community through advocacy of public policy issues, encouraging public understanding of the law, and promoting the effective administration of our system of justice.

The Journal of the Kansas Bar Association is published 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., and at additional mailing offices. The Journal of the Kansas Bar Association (ISSN 0022-8486) is published by the Kansas Bar Association, 1200 S.W. Harrison, P.O. Box 1037, Topeka, KS 66601-1037; Phone: (785) 234-5696; Fax: (785) 234-3813. Member subscription is $25 a year, which is included in annual dues. Nonmember subscription rate is $45 a year. POSTMASTER: Send address changes to The Journal of the Kansas Bar Association, P.O. Box 1037, Topeka, KS 66601-1037.

The Kansas Bar Association and the members of the Board of Editors assume no responsibility for any opinion or statement of fact in the substantive legal articles published in The Journal of the Kansas Bar Association.

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.

COPYRIGHT 2008 Kansas Bar Association, Topeka, Kan.

Rule of Law Conference Held at Kansas History Center

22

Thinking Ethics Initial Interviews with Prospec-tive Clients: How to Prevent Conflicts of Interets

26

2008 Annual Meeting Task Force and Sponsors

27

A Few Memories from 2008 Annual Meeting

28

2008 Annual Meeting Sports Report

27

4 President’s Message 5 Young Lawyers Section News 7 Law Students’ Corner 8 Members in the News 9 Dan’s Cartoon 10 Obituaries 25 Law Practice Management Tips & Tricks 36 Appellate Decisions 45 Appellate Practice Reminders 53 Classifieds 55 CLE Docket

ITEMS OF INTEREST REGULAR FEATURES

KBA Honors 18 Individuals and Pro Se Task Force for Their Service to the Legal Profession and Community

11

KBF Recognizes Fellows and Kansas Legal Legend

21

ESI Comes to the K.S.A.: Kansas Adopts Federal Civil Procedure Rules on Electronic Discovery By J. Nick Badgerow

30

THE JOURNALof the Kansas Bar AssociationJuly/August 2008 • Volume 77 • No. 7

www.ksbar.org

Cover photo by Ryan Purcell

Milestones19

Catherine A. Walter, Chair TopekaAnne L. Baker TopekaHon. Monti L. Belot WichitaTerri Savely Bezek TopekaBoyd Byers WichitaHon. Jerry Elliott TopekaJ. Lyn Entrikin Goering TopekaConnie Hamilton TopekaMark D. Hinderks Overland ParkEvan Ice LawrenceKatharine J. Jackson ManhattanMichael T. Jilka Overland Park

Casey Law McPhersonMichelle Reinert Mahieu Dodge CityHon. Tom Malone TopekaJulene Miller TopekaHon. Lawton R. Nuss TopekaProf. John Peck Lake QuiviraRichard D. Ralls Kansas City, Mo.Richard H. Seaton ManhattanRichard D. Smith TopekaMarty M. Snyder TopekaDiane S. Worth WichitaMartha Coffman, board liaison Topeka

Catherine A. Walter, Board of Editors chairperson, [email protected] McKaskle, director of bar services, [email protected]

The Journal Board of EditorsDirector of Bar Services:

Susan McKaskle

KBA Board of Governors Vacancy for District 10 Seat

5

Now 1/2 Off LRS Enrollment Fee!www.ksbar.org

4 – JULY/AUGUST 2008 THE JOURNAL OF THE KANSAS BAR ASSOCIATION

Before launching into my first column, a brief introduction seems appropriate. So, hello, my name is Tom Wright. My wife and fellow life traveler for many years is Carole. We have two children, Leslie and Doug. Leslie and her husband, Bill, live in Kansas City with their two children, Thomas and Elise, with another due to arrive very soon. Doug and his wife, Christy, live in Scottsdale, Ariz., with their son, Jacob. God bless them all for being self-sustaining and gainfully employed.

After spending many years in that sideshow called “fee for ser-vice” law, I now work for the Kansas Corporation Commission. Yes, a bureaucrat. And that work is really meaningful work. But it is now much clearer to me just how brutally hard the pri-vate practice of law was and is. Solving other people’s problems doesn’t always make it easy to solve our own — like making a living. As the new president of the Kansas Bar Association (KBA) I promise to make it all better. I’m kidding of course. The best we can do is to provide you the service you deserve.

My predecessors directed their efforts to important issues such as discrimination, poverty, injustice, and access to justice. The focus was on others and for that we honor them. However, we now need to take a little time to focus on ourselves. We need to assure we are fulfilling our mission, including our ability to carry our message and influence others.

The Executive Committee of the Board of Governors (BOG) for 2008-2009 met in Kansas City for a brainstorming/ strategic planning retreat prior to the June KBA annual convention.

At the top of the discussion list was “influence.” How much influence does the KBA have? Is the level of influence sufficient? The resounding opinion was, whatever degree of influence the KBA currently enjoys, we could certainly use more.

We looked at what we, as an association of legal professionals, want to accomplish and who and what institutions do we need influence with in order to achieve our objectives. We identified the government, the Legislature, and the media as core groups that we must work with in a cooperative manner to gain and increase our level of influence.

We discussed what influence other professional associations have or don’t have. Do we have as much influence, as say, the Kansas bankers, accountants, or dentists? Do other lawyer as-sociations have more influence than the KBA?

Why do some people and groups have more influence than others? Wikipedia says there are five types of influence: peer pressure, charisma, reputation, connections, and the Bully Pulpit. (Don’t even think about joking here.) The fact is that with 7,000 educated members we can garner as much influence with the government, Legislature, media, and the public as we desire.

We are in for some difficult discussions concerning things we consider very important. Number one is the independence of our courts. We seriously need to more fully engage our

board and our membership to assure that the strength and in-fluence of our collective voice is heard. To this end, we need to restructure the way we do certain things, managing and utiliz-ing our resources more effectively, providing a greater amount of time to deal with serious issues. We can then restructure how we communicate our message.

I know that at a minimum we need to consider the following: (1) We must change the BOG meetings to an electronic format. We can save more than $1,000 a year by sending our meeting material electronically. That also gets the information out two days earlier. We will not spend more than 30 minutes on routine reports, leaving us a block of time to discuss real issues and policies. The result will be the better use of board members time and most likely a more engaged board.

(2) Board minutes for the prior five years will be available at meetings electronically. These records will be searchable. Many past meetings bogged down in discussions of whether we took certain actions for certain reasons five years earlier. If proposed action is inconsistent with prior decisions we will be able to find that out quickly.

(3) We will consider legislative issues several weeks earlier in the year. This additional time makes it possible to schedule face to face meetings with legislators before they are booked solid. We have already scheduled a legislative conference for Oct. 15, 2008, which will feature our lawyer legislators and should draw a large crowd. We have commitments from Rep. Mike O’Neil, chair of the House Judiciary Committee, and Sen. John Vratil, chair of the Senate Judiciary Committee. We also already have commitments from other lawyer legislators.

(4) We will establish an accurate grassroots e-mail system for legislative issues. Our goal will be to promptly communicate with legislators. The Oct. 15 meeting will jump start our list of those interested in legislative issues. With those attendees and the BOG we will have a good start. I remember what Whitney Damron, KBA contract lobbyist, told me, “three timely e-mails will get the attention of most legislators.”

(5) We will thoroughly review the advantages and disadvan-tages of a Political Action Committee (PAC). A PAC will be formed if it is the will of the BOG. It will be limited in funding and scope. By contributing to each of the major political par-ties PACs and the house and senate PACs we will be a part of the action.

(6) We will explore ways to join forces with the other bar as-sociations in the state to see if we can multiply our efforts.

Those with influence have the ability to take their message to a wider public. They can raise sufficient funds to influence the Legislature. They can marshal support for their position on issues. They are sought out by others. People know what they stand for and stand against. We need to make sure we are among those with influence. n

From the PresidentThomas E. “Tom” Wright

Influence is a Key to Success

Tom Wright can be reached by e-mail at [email protected] or by phone at (785) 271-3166.

JULY/AUGUST 2008 – 5THE JOURNAL OF THE KANSAS BAR ASSOCIATION

KBA Board of Governors Vacancy for District 10 Seat

A vacancy now exists for the District 10 repre-sentative on the KBA Board of Governors as the district’s former representative, Glenn Braun, has been elected and installed as KBA Vice President.

District 10 represents the counties of Chey-enne, Decatur, Ellis, Gove, Graham, Jewell, Logan, Mitchell, Norton, Osborne, Phillips, Raw-lins, Rooks, Russell, Sheridan, Sherman, Smith, Thomas, Trego, and Wallace.

The vacancy shall be filled by appointment, thus, candidates need only to indicate their interest and send a current résumé to the KBA Executive Director as noted below.

The Board of Governors (BOG) is the governing body of the Association and is vested with over-seeing all business and management activities of the organization. Board members are asked to at-tend five meeting per year at their own expense. Meetings are held at various locations across the state and are usually held on a Friday during the months of February, April, June, September/ October, and December. BOG members are also asked to attend several related dinners and other functions as necessary. All dinners are paid for by the KBA.

This appointment would be the completion of a three-year term ending in June 2009. The successful candidate will be eligible to serve two additional three-year terms. Candidates must maintain their principal place of practice or reside in the district they shall represent.

Interested members should forward a current résumé to KBA Executive Director Jeffrey Alderman via e-mail at [email protected] or by mail to 1200 Harrison St., Topeka, KS 66612. Questions can be directed to Alderman by calling (785) 234-5696.

The deadline to apply is 5 p.m. on Friday, Aug. 29, 2008.

My charge over the next year as the author of this Young Lawyers Section column is to provide direction, edu-cation, or other enlightenment to the junior attor-neys of our bar. If I follow that charge to a “T,” I should only be writing to our younger members and anyone more than 35 years of age should just turn the page (I say that only figura-tively; stick with me).

But before I reach out directly to the young lawyers, I want to take this opportunity to direct questions and comments to

the senior bar. You might ask how addressing older attorneys provides direction, education, and/or en-lightenment to young lawyers? A wise man once said, “Give a man a fish, and you have fed him for to-day. Teach his mentor to fish, and you fed him for a lifetime.” Maybe that is not exactly how the quota-tion goes, but the point is we can significantly impact the young law-yer by first reminding the senior members of a thing or two. So I begin with a question: Have

you hugged a young lawyer today? We have all heard the ex-pression, “have you hugged your child today,” meaning that parents need to show physical affection to children to nurture both physical and emotional development. But how does this translate to the practice of law? I hypothesize — no better yet I promise — through professional affection, you can nurture the development of our young lawyers.

How might you show professional affection? Here is my as-signment to you: Make a conscious choice to positively im-pact the professional development of a young lawyer. For those of you who already believe you do, I ask you to reaffirm your choice. And to help all of you in that process, I offer the follow-ing suggestions:

• Be present. We all know to be there when the young law-yer has her first trial or his first contract closing. But we often forget that even a small motion hearing or a client meeting can require some support and encouragement. If you are present in the professional life of your mentee, you will quickly learn what is important. Start by being there for an impromptu lunch every couple of months. From there, follow-up every couple weeks with a casual conversation about how things are going. And never underestimate the value of an open door. Simply taking the time to be present (especially when the clock is not running) is a huge step in showing professional affection.

• Be positive. Being present is certainly one step, but your attitude in your conversations is quite another. Be positive. One of the most tried and true ways to encourage successful growth is through positive reinforcement. I state the obvious:

Scott M. Hill

Have you Hugged a Young Lawyer Today?By Scott M. Hill, Hite, Fanning & Honeyman LLP, Wichita, KBA Young Lawyers Section president

Young LawYers section news

(Continued on Page 9)


“You’ll never amount to anything.” My mother’s words cut through me like a freshly sharpened knife. I was 16, a straight-A student, and had never been in any trouble. I am the eldest of three children, raised mostly by my Puerto Rican grandmother while my mother worked menial jobs to pay the bills. My father was always in and out of the house and was notorious for his gambling ad-diction and struggle with alcoholism. Looking back, I realize that my mother’s self-hatred is what caused her to treat me that way. I knew then that if I ever had children, I would be a different type of parent.

My opportunity to heal the wounds of my past came with the birth of my son, just months after having turned down a full ride to law school. Despite an impressive GPA from a top university, I became a single parent, was nearly evicted, and went on public assistance. Born and raised in Spanish Har-lem, I was no stranger to poverty and the social ills of grow-ing up in an economically disadvantaged neighborhood, but I was determined to break the vicious cycle. I did not want to be another statistic and I was not going to prove my mother right. I would amount to something. One way or another, I was going to pick up the pieces of my seemingly shattered life and get out of 126th Street.

I became an administrative assistant at a cross-cultural ad-vertising agency in downtown New York City. My salary was next to nothing, but I soon developed the confidence and skills-set needed to move further up the corporate ladder. My son, Aidan, became my strength. My education continued to pave the way to more promising job opportunities. But I was just getting started.

In November 2006, I received a phone call from my cousin, who lived at Fort Riley with her husband and two children. I had visited her before and envied her peaceful and tranquil lifestyle. I wanted to have fewer worries and shop at Wal-Mart too. We didn’t have one of those in Harlem. My cousin said she was getting divorced and asked me to move in with her. She said we could be “single moms” together. With $1,000 in savings and a burning desire to give my son a better life, I packed up our belongings and moved to Kansas. All I could think about was that I would never again have to worry about shoot outs, unleashed pitbulls, or having someone’s smelly armpit in my face during rush hour on the subway. One month later, I had learned to drive and had a job in manage-ment at a local call center. Then my cousin remarried and moved to Fort Hood, Texas.

I had always felt alone in New York, but now I was literally alone — with a 3-year-old. Strangely enough, I felt feverishly

happy. I decided to apply to law school again. I had never heard of Washburn Law before, but when I received a gener-ous scholarship, I knew it was worth visiting. I attended a barbecue for admitted students and immediately fell in love. I saw the close-knit community and met several students who also had families. Some were even single mothers just like me! Although I was a Hispanic single mom, I felt like I could fit in and make something of my life there. Choosing to attend Washburn Law is one of the best decisions I have ever made.

I will never forget introducing myself to my legal writing professor, Charlene Smith, and classmates. I told them that I had a little boy and had recently moved to Kansas from New York. Smith opened her eyes wide and asked, “Does your son live with you here?” When I said yes, she replied, “Wow, you’re a brave girl.” I had never thought of myself as brave; I was just a young mother determined to beat the odds stacked against me. I ended up receiving the highest grade in the class on our first assignment, and I recently received an A on my trial brief.

Attending law school while raising my son has proved to be a great challenge. Still, it is a manageable feat. I often read my son excerpts from my Constitutional Law textbook to put him to sleep. It usually works. Aidan understands that “when mommy is a lawyer,” we will have a nice house and a puppy. He is my strength and the greatest support system ever. He often tells me, “Mommy, you need to study so you can get an A, not an F!” He is ahead of his classmates in his pre- kindergarten class. He is compassionate, loving, and happy. I like to think that I have something to do with that.

Despite an adverse upbringing, I have been blessed with many opportunities. Just the other day, I was honored with an amazing scholarship for nontraditional female students. This summer, I am clerking at a law firm in Kansas City. The jour-ney has been a long one and I have only just begun. But one thing is for sure: There is absolutely no place like home — the home that I have created for Aidan and me — in Kansas. n

About the Author

Samantha Tirado is a second-year law student at Washburn University School of Law, currently working toward her certificate in business and transac-tional law. She is clerking at Spencer Fane Britt & Browne LLP this summer. Tirado earned a Bachelor of Arts in po-litical science from Syracuse University.

Law students’ cornerFrom hArlEm to toPEKA:Following the Yellow Brick Road to Law SchoolBy Samantha Tirado, Washburn University School of Law


CHANGING POSITIONSEric J. Aufdengarten and Timothy J.

Riemann have joined the Office of the Kansas Attorney General, Topeka, and Thomas E. Beall has joined the office as chief deputy.

Jennifer H. Barrett has joined Long Luder & Gordon P.A., Overland Park.

Michael L. Belancio has joined Graves, Bartle & Marcus LLC, Kansas City, Mo.

James R. Biles has joined Sloan, Eisen-barth, Glassman, McEntire & Jarboe LLC, Topeka.

Alison K. Brookins has been named as a judge for the Wichita office of Disability Adjudication and Review.

Michael C. Brown has been appointed city attorney for the city of Conway Springs.

Michael E. Callahan and Michael P. Winkler have joined Stinson Morrison Hecker LLP, Kansas City, Mo., and Megan E. Garrett has joined the firm’s Wichita office.

Tyler A. Darnell has joined Arthur-Green LLP, Manhattan, as an associate.

Wendee Elliott-Clement has joined South & Associates P.C., Overland Park.

Ryan D. Farley has joined Hinkle Elkouri Law Firm LLC, Wichita.

Neely L. Fedde has joined the U.S. District Court for the District of Kansas, Kan-sas City, Kan., as a law clerk for Hon. Kathryn H. Vratil and a public outreach coordinator.

Jason J. Fletes has been named a partner with Hill, Beam-Ward, Kruse, Wilson & Wright LLC, Overland Park.

Frankie J. Forbes has been named a shareholder of Holbrook & Osborn P.A., Overland Park.

Lance J. Formwalt has joined Sonnen-schein Nath & Rosenthal LLP, Kansas City, Mo., as of counsel.

Clinton M. Goos has joined Morris, La-ing, Evans, Brock & Kennedy Chtd., Wichita.

Jason T. Gray has joined Duncan, Wein-berg, Genzer & Pembroke P.C., Washing-ton, D.C., as an associate.

Carolyn Y.Y. Grayson is now with New-man, Reynolds & Riffel P.A., Leawood.

Leslie A. Greathouse has joined Spencer Fane Britt & Browne LLP, Kansas City, Mo.

Matthew P. Harlow has joined Embarq, Overland Park.

Michelle D. Haskins has joined Con-stangy, Brooks & Smith, Kansas City, Mo., as a partner and Megan K. Wala-wender has also joined the firm.

David W. Hauber has been appointed as a Johnson County District judge by Gov. Kathleen Sebelius.

Jennifer Hays has joined Valentine & Zimmerman P.A., Topeka, as an associate.

Paul R. Hoferer has been named vice president and general counsel for Burl-ington Northern Sante Fe Railway, Forth Worth, Texas.

Jane C. Holt has joined the Kansas Gov-ernmental Ethics Commission, Topeka.

Christopher A. Holzman has joined Maughan & Maughan L.C., Wichita.

Thomas H. Johnson has joined Petefish, Immel, Heeb & Hird LLP, Lawrence.

Peggy C. Kittel has been appointed Doug-las County District Court judge by Gov. Kathleen Sebelius.

John J. Knoll has joined the City of Over-land Park Attorney’s Office.

Roger W. Lampson has been appointed chief judge of the 29th Judicial District, Kansas City, Kan.

Jonah W. Lock has joined the Quitmeier Martsching Law Firm, Prairie Village.

Jeremy G. Mai has joined Kansas Legal Services, Kansas City, Kan.

Kevin D. Mason has joined White Goss Bowers March Schulte & Weisenfels P.C., Kansas City, Mo.

Members in the News


William H. Meyer has joined the Jones Law Firm P.A., Overland Park.

Michael L. North has joined the Sedgwick County Counselor’s Office, Wichita.

Kathryn O’Shea has joined Schmitt Manz Swanson & Mulhern P.C., Overland Park.

William H. Pitsenberger has become of counsel with Newbery, Ungerer & Hick-ert LLP, Topeka.

Jenny R. Redix has joined the Henning Law Firm P.C., Kansas City, Mo., as an associate.

Calvin D. Rider has joined Brown Dengler Bood & Rider L.C., Wichita, as of counsel.

Todd Rohr has joined Counsel Group LLC, Kansas City, Mo.

Jeffrey D. Rowe joined Horn Aylward & Bandy LLC, Kansas City, Mo.

Kathleen A. Ryan has joined H&R Block, Kansas City, Mo.

Melissa D. Rutton has joined the City of Overland Park as an assistant prosecuting attorney.

Mindy D. Smith has joined the Office of the Chapter 13 Trustee, Kansas City, Mo.

Sidney R. Thomas has joined St. Francis Community Service, Garden City.

Timothy W. Triplett has joined Black & Veatch, Overland Park.

Jennifer B. Wieland has joined Berkowitz Oliver Williams Shaw & Eisenbrandt LLP, Kansas City, Mo.

Amy E. Wilbur has joined General Dynamics Armament and Technical Products, Charlotte, N.C.

CHANGING LOCATIONSAccount Recovery Specialists Inc. has

moved to 3505 N. Topeka, Wichita, KS 67219.

Barnett Law Firm Chtd. has moved to 816 Ann Ave., Kansas City, KS 66101.

The Bass Family Law Firm Inc. has moved to 8014 State Line Rd., Ste. 100, Leawood, KS 66208.

Boysen McEachen P.A. has moved to 9401 Nall Ave., Ste. 100, Overland Park, KS 66207.

The Law Office of James E. Carpenter P.A. has moved to 816 Ann Ave., Kansas City, KS 66101.

Chad B. Cook has started his own firm, Cook Law Group LLC, 13795 S. Mur-Len Rd., Ste. 203, Olathe, KS 66062.

Dickson and Pope P.A. has moved to 11115 Ash St., Leawood, KS 66211.

Entz, Entz & Laskowski LLC has moved to 6342 S.W. 21st St., Ste. 101, P.O. Box 67026, Topeka, KS 66615.

Rebekah L. Gaston has started her own firm, Gaston Law Office, 157 S. 7th St., Salina, KS 67401.

Carl W. Hartley and Sandra K. Hartley have started their own firms, Carl W. Hartley LLC and Sandra K. Hartley LLC. The firms are located at 16206 W. 319th St., Paola, KS 66701.

Jeremy M. Houck has started his own firm, Law Office of J. Morgan Houck LLC, 1525 S.W. Topeka Blvd., Ste. D, Topeka, KS 66610.

Gregory D. Keith has started his own firm, P.O. Box 20838, Wichita, KS 67208.

Bradley G. Korell has moved to 2525 S. Lamar Blvd., Ste. 12, Austin, TX 78704.

Kramer & Hand LLC has moved to 712 Maple St., Hillsboro, MO 63050.

R. Michael Latimer has started his own firm, R. Michael Latimer, Attorney At Law, 11011 King St., Ste. 237, Overland Park, KS 66210.

Tiana McElroy and Richard A. Medley have moved to 121 W. 8th St., Cof-feyville, KS 67337.

The Law Offices of Marcia L. Montgom-ery P.A. has moved to Corporate Woods, Bldg. 11, 10875 Benson, Ste. 120, Over-land Park, KS 66210.

Robert I. Nicholson Jr. has started his own firm, Nicholson Law Office L.C., 26 W. Peoria, P.O. Box 407, Paola, KS 66071.

Jill D. Olsen has started her own firm, the Olsen Law Firm LLC, 1044 Main St., Ste. 400, Kansas City, MO 64105.

Peterson Law Offices LLC has moved to 8400 W. 110th St., Ste. 450, Overland Park, KS 66210.

The Law Office of Smith Coonrod has moved to 7001 W. 79th St., Overland Park, KS 66204.

Southeast Kansas Legal Associates P.A. has moved to 104 W. 8th St., Coffeyville, KS 67337.

Jeffrey L. Stowell new address is P.O. Box 11182, Denver, CO 80211.

Editor’s note: It is the policy of The Journal of the Kansas Bar Association to include only persons who are members of the Kansas Bar As-sociation in its Members in the News section.

Young lawyers respond to encouraging words, praise, and grati-tude. While meaningful positive critique often takes more time and effort than a short negative one, being positive — even if it is a positive spin on a shortcoming — is worth the added time and effort. A young lawyer who is reassured in her skills is going to try harder to continue to please you. This confidence will pay off to you in the long-run in terms of loyalty and dedication to the task at hand.

• Be consistent. Positive feedback and presence should occur more often than the yearly evaluation. Like any other learned behavior, success can be achieved through repetition. When something is done well, let the young lawyer know. When something falls below your expectation, be consistent in your criticism (albeit with a positive message). Having consistency in your feedback allows the young lawyer to modify his behavior to meet your expectations. But more importantly, consistency shows that you are focused enough on his development to re-member and reinforce your expectations.

• Be real. Sincerity in praise is key. If you are the nonpraising type (you know who you are — and that is OK), this isn’t to say that you should try to force yourself to exude admiration. The last thing that a young lawyer needs is to feel belittled. Be hon-est and be real. Don’t go out of your way to praise every little ac-complishment. It often appears condescending or sarcastic. In other words, be positive and be present, but don’t over do it.

So maybe hugging would not be appropriate in your work-place (I’m certainly not promoting office physical affection). Maybe hugging is just not your style. There are, however, other ways to show this professional affection. Be present. Be posi-tive. Be consistent. Be real. At the very least, try a pat on the back once in a while when it is deserving. Or even an “atta girl/boy” or just a “good job.” Anyway you want to do it, reach out and hug a young lawyer. They will thank you for it, both today and in years to come. n

Scott Hill may be reached at (316) 265-7741 or by e-mail at [email protected].

Members in the News

Have you Hugged a Young Lawyer Today?Young LawYers section news

(Continued from Page 5)


John K. BremyerJohn K. Bremyer, 88, McPherson, died April 17. He was

born in McPherson on April 5, 1920, attended McPherson public schools and the University of Kansas. Bremyer left KU Law School during World War II to join the Navy. He returned from the service and finished his law degree at the University of Kansas.

Bremyer returned to his hometown of McPherson and be-gan practicing law in 1946. He co-founded the Bremyer & Wise law firm with Robert W. Wise in 1970 and practiced law for more than 60 years before taking an of counsel role with the firm.

Outside the law, Bremyer was involved in many entrepre-neurial projects and business ventures. He served on the ex-ecutive committee of the McPherson Bank & Trust and on the board of directors of Pioneer Savings and Loan, becoming president after his father’s death. In 1959, he and other com-munity leaders founded the McPherson Industrial Develop-ment Co. to diversify the local economy.

He was a steadfast supporter of the University of Kansas and its law school. He believed in the virtues of small town living and championed the town of McPherson and its quality of life at every opportunity.

Bremyer is survived by his wife, Jayne; sons, Jay and Jeff; daughter, Jill; grandchildren; and great-grandchildren.

Robert C. “Bob” MartindellRobert C. “Bob” Martindell, 86, died May 31 in Hutchinson.

He was born May 4, 1922, the son of Donald C. and Edith Brown Martindell. A graduate of Hutchinson High School in 1940, he received his undergraduate and law degrees from the University of Kansas. Martindell began practicing law with his father in 1949 and later became a partner in the firm. In 2004 he retired from the Martindell, Swearer & Shaffer Law Firm.

Martindell was a member of the Junior Chamber of Com-merce, serving as the state vice president; Hutchinson Reno Masonic Lodge No. 124 AF and AM; served as an officer and state commander in the Knights Templar Lodge; a member and past director of the Hutchinson Rotary Club; a member of the American Legion Lysle Rishel Post No. 68; and was a lifetime member of the Kansas Bar Association. He served three years in the Army with the 394th Infantry Regiment and fought in the Battle of the Bulge.

Survivors include his wife, Irene Lanphier, Hutchinson; sons, Steven, Richardson, Texas, and Stan, Topeka; daugh-ters, Cynthia Wiens, San Antonio, and Sandra Lonnecker, Poway, Calif.; sister, June Scott, North Fort Meyers, Fla.; four grandchildren; and two great-grandchildren. He was preceded in death by two brothers, William “Bill” and John Richard “Dick” Martindell.

Martha Ann Truman SwoyerMartha Ann Truman Swoyer, 89, died April 30 in Oska-

loosa. She was born Jan. 31, 1919, in Hickman Hills, Mo., the daughter of John Vivan and Louella Campbell Truman, and the niece of Harry S. Truman. Swoyer graduated from Lindenwood University, St. Charles, Mo., attended the Uni-

versity of Missouri in Columbia, and later graduated from the University of Kansas School of Law in 1952.

She taught business at Winchester High School and Jef-ferson County North High School in Winchester. She later practiced law in Oskaloosa with her husband at the Swoyer & Swoyer Law Firm until November 2006. She and her husband also owned and operated County Seat Variety Store in Oska-loosa from 1981 to 2003. She was a member of the Daugh-ters of the American Revolution, the Oskaloosa Chapter of the Order of the Eastern Star, the Kansas National Education Association, and was a lifetime member of the Kansas Bar Association.

Survivors include a son, Karl, Winchester; two brothers, Harry A. Truman and Gilbert Truman, both of Louisburg; four grandchildren; and one great-grandchild. She was pre-ceded in death by her husband, James F. Swoyer Jr.; her par-ents; two brothers, J.C. and Fred Truman; and a sister, Callie Truman. n

obituaries


KBA Honors 18 Individuals and Pro Se Task Force for Their Service to the Legal Profession and Community

PhIl lEwIS mEdAl oF dIStInCtIon

Justice Fred N. Six served the state of Kansas for nearly two decades in a judicial capacity before his retirement in 2003. Attorney General Stephen Six said, “Dad is known across the state for his integrity and high ethical standards and has been a great role model for me as an attorney. He has worked tirelessly to promote our legal system and support the Kansas system of merit selection of judges.”

On Sept. 2, 1988, the Topeka Capital-Journal quoted former Gov. Mike Hayden saying Six brought “to the court a keen intel-lect, an immeasurable sense of fairness, high integrity, a distinguished legal career, and an impeccable record of service throughout the legal community.” Six’s dedication to jus-tice and his integrity were hallmarks of his career.

According to former clerk Richard Cram, Six demonstrated fairness in his approach to each case he heard, and he was careful in crafting his opinions while keeping them as brief as possible, even though he had thoroughly researched each legal issue, because he knew that his opinions would be published for generations of lawyers to read.

The Lawrence Journal-World quoted Six’s former law part-ner Richard Barber on Aug. 23, 1987, after his appointment to the Kansas Court of Appeals. Barber called Six “a scholarly

lawyer and a very compassionate person. He spends a sub-stantial amount of his time, and has throughout his career, on

what is sometimes referred to as pro bono activity. He has been involved in the cul-tural life of the community and many ac-tivities at the university, and the museum. He really is just a remarkable person.”

Six graduated from the University of Kansas with a Bachelor of Arts in history in 1951 and with a Juris Doctor in 1956, and in 1990, he graduated from the Uni-versity of Virginia with a master’s degree of the judicial process. After his gradua-tion from law school, Six was admitted to practice law in New York and became an associate with the law firm of Reid and Priest before returning to Kansas in 1957 to serve as an assistant attorney general. A year later, Six joined the law firm of Asher and Ellsworth and became a partner be-fore leaving in 1961 to become an associ-

ate with the Richard A. Barber law firm, now known as Barber Emerson L.C. In 1974, he served as a special commissioner for the Kansas Supreme Court. Six worked for Barber Emer-son until 1987 when he was appointed to the Kansas Court of Appeals. One year later, he was appointed to the Kansas Supreme Court. Justice Six retired from the Kansas Supreme Court in 2003.

Justice Fred N. Six

The Phil Lewis Medal of Distinction recognizes individuals or organizations in Kansas who have performed outstanding and conspicuous service at the state, national, or international level in administration of justice,

science, the arts, government, philosophy, law, or any other field offering relief or enrichment to others.

(Continued on next page)


dIStInguIShEd SErvICE AwArd

Gloria Farha Flentje has continuously served both her profession and community since the beginning of her legal career. According to the Wichita Women Attorneys Asso-ciation, Flentje has enriched her profession, her city, and her state by spending count-less hours serving various bar and profes-sional organizations over the last three decades.

Flentje has served as president of the Wich-ita Bar Association and as president of the Board of Trustees of the Kansas Bar Foun-dation. She currently serves on the Kansas Commission on Judicial Performance and is a member of the American, Kansas, and Wichita bar associations and the Wichita Women Attorneys Association.

Flentje is also an active member of the Wichita community. She currently serves on the board of The United Way of the Plains. Previously, she served on the boards of the Wichita Area Girl Scout Council, Music Theater for Young People, Wichita Children’s Museum, Arts Partners, Harry Hynes Memorial Hospice, The Regional Pre-

vention Center, the Wichita State University (WSU) Women’s Studies Community Council, WSU Student Athletes Schol-arship Organization, and Music Theatre of Wichita.

Flentje is the senior vice president of cor-porate administration and human resources for Spirit AeroSystems in Wichita. She previ-ously worked as chief legal counsel for Boeing Commercial Airlines for five years, and prior to joining Boeing, she was a partner in the Wichita law firm of Foulston Siefkin LLP.

Flentje graduated from the University of Kansas with a Bachelor of Arts in mathemat-ics and international relations and she received her Juris Doctor from Southern Illinois Uni-versity. She has received a number of recogni-tions from her profession and the community, including the Wichita Women Attorneys’ Louise Mattox Award, the Wichita Bar As-sociation’s Howard C. Kline Award, and the YWCA’s Woman of Vision Award, and she also was selected by the Wichita Business

Journal in 2004 as one of 20 Wichita Women in Business.

The Distinguished Service Award recognizes an individual for continuous long standing service on behalf of the legal profession or the public, rather than the successful accomplishment of a single task or service.

ProFESSIonAlISm AwArd

Calvin J. Karlin has been a managing member of Barber Emerson L.C. in Lawrence since 2005 and has been with the firm since 1977. He specializes in estate planning, trust and estate litigations, and creditor rights. Karlin earned his bachelor’s degree in political sci-ence from the University of Kansas in 1974 and his juris doctorate from KU’s law school in 1977, where he was the note and com-ment editor for the Kansas Law Review and a member of the Order of the Coif.

A member of the Kansas Bar Association since 1977, Karlin has served on the execu-tive committee of the Real Estate, Probate, and Trust Law Section since 1998 and has been the author of the probate and trust por-tion and editor of the section’s newsletter since 2002. He is also a member of the Cor-poration, Banking and Business; and Bank-ruptcy and Insolvency Law sections he previ-ously served on the Fee Dispute Resolution and Professional Ethics Grievance committees. He has been published in the Journal of the Kansas Bar Association and the

Kansas Law Review and is a chapter author in the KBA’s Estate Administration Handbook.

Since 2003, Karlin has been a member of the Kansas Board for Discipline of Attorneys and has been a member of the American College of Trust and Estate Counsel since 1999 and serves as its Kansas construction and interpretation re-porter. He is a member of the American and Douglas County bar associations and is a past director and president of the Douglas County Bar Association, where he helped to organize its Young Lawyers Section and chaired its Ethics Committee.

Karlin’s community involvement includes having served as drive chair and president of the United Way of Douglas County; served on the board of directors of Leadership Law-rence, the Lawrence Chamber of Commerce, and the Lawrence Public Library; served two terms as president of Site Council for Law-

rence Free State High School and received the Public Schools Friends of Education Award.

The Professionalism Award recognizes an individual who has practiced law for 10 or more years who, by his or her conduct, honesty, integrity, and courtesy, best exemplifies, represents, and encourages other lawyers to follow

the highest standards of the legal profession as identified by the KBA Hallmarks of Professionalism.

Gloria Farha Flentje

Calvin J. Karlin


Margann M. Bennett spent the last 12 years in merito-rious service to her profession and the Kansas Bar Associa-tion, according to her former supervising attorney Mary Beth Blake. Bennett serves as a mentor and teacher to those around her and encourages other attorneys to be active in the bar

association.Bennett is the director of profes-

sional development at Washburn University School of Law, advising law students and alumni on career options, job search strategies, and making the transition to professional employment. Bennett also coordi-nates continuing legal education pro-grams for the law school and is an ac-tive member of the KBA Continuing Legal Education Committee.

Prior to joining Washburn, Bennett practiced at Hershberg-er, Patterson, Jones & Roth in Wichita and at Shook Hardy & Bacon in Overland Park and Kansas City, Mo. Bennett also served as a corporate account manager with Thomson-West (Westlaw) from June 2001 to early 2003. Bennett graduated from the University of Kansas with a Bachelor of Arts in 1991 and a Juris Doctor in 1996.

Natalie G. Haag currently serves as the second vice presi-dent, director of governmental affairs, and assistant general

counsel for Security Benefit Corp. in Topeka. Prior to joining Security Benefit, Haag served as the chief of staff, director of governmental affairs, and general counsel to former Kansas Gov. Bill Graves.

Haag has also served as executive director of the Board of Indigents’ Defense Services and as director of the State Gaming Agency. She was a prosecutor for four years and spent six years working for law firms han-

dling insurance defense litigation. She earned her Juris Doctor from Washburn University

School of Law in 1985 and a Bachelor of Science in agricul-ture from Kansas State University in 1982.

Stacey Janssen has spent her career helping to protect the rights of the elderly and disabled. She is a sole practitioner in Johnson County, practicing in the areas of elder and dis-ability law. Prior to entering private practice, Janssen worked for Kansas Legal Services, providing legal services to Kansas seniors. She also co-founded the Kansas Elder Law Hotline.

Janssen has served as an intern supervisor and guest lec-turer for the University of Kansas Elder Law Clinic and co-

authored the “Adult Care Homes” chapter of the Kansas Bar Association’s Long-Term Care Handbook. She is a frequent

speaker at community and continu-ing legal education events, speaking on the topics of Medicaid, patient’s rights, ethics, and estate planning.

Janssen is a member of the Kansas Bar Association Elder Law Section, the Johnson County Bar Association, the Kansas Women Attorneys Asso-ciation, the National Academy of the Elder Law Attorneys, and is an officer in the Kansas Chapter of the Nation-al Academy of Elder Law Attorneys.

Janssen received both her Bachelor of Arts in 1985 and her Juris Doctor in 1988 from the University of Kansas.

C. Stanley Nelson enjoys being “of counsel” with Hamp-ton & Royce L.C. in Salina. At 83, he considers it a privilege to be able to go to the office every day and be involved in legal matters. According to Matthew D. Keenan of Shook, Hardy & Bacon, who nominated Nelson, he is “a model of solid character.”

Nelson has worked for the same firm since he started the practice of law in February 1951. He earned his undergradu-ate and law degrees at the University of Kansas, but served

three years in the Marine Corps in between obtaining his degrees. He attended his first Kansas Bar Asso-ciation Annual Meeting 57 years ago, and he was responsible for maintain-ing the firm’s hospitality room from morning till night.

Nelson’s main area of practice has been in civil litigation, but he also de-voted considerable time with work-ers’ compensation claims. In 1978, Nelson was inducted into the Ameri-

can College of Trial Lawyers and he was recently appointed to serve as special administrative law judge by the director of Workers’ Compensation. He also worked as board member and/or president of various community service organizations, including the Salina Recreation Department, the Salina Pub-lic Library, and the Salina YMCA.

Nancy A. Ogle, Wichita, has a solo practice where she fo-cuses on providing legal research and writing services to other attorneys while also managing her own cases, primarily ap-peals. Ogle is also an adjunct professor at Friends University, where she teaches courses on legal research and writing.

The Outstanding Service Awards are given for the purpose of recognizing lawyers and judges for service to the legal profession and/or the KBA and to recognize nonlawyers for especially meritorious deeds or service

that significantly advance the administration of justice or the goals of the legal profession and/or the KBA.

outStAndIng SErvICE AwArdS

Margann M. Bennett

Stacey Janssen

Natalie G. HaagC. Stanley Nelson



Ogle has been a member of the Kansas Bar Association for several years and currently serves on its Continuing Legal Edu-cation Committee. In addition, she is a member of the Wich-

ita Bar Association (WBA), Kansas Association of Defense Counsel, and the Kansas (KWAA) and Wichita Women Attorneys (WWAA) asso-ciations. Ogle has held several posi-tions on the boards of the KWAA and WWAA and has been president of both associations. She has served on numerous WBA committees, in-cluding being a member of the Bar-o-Meter Committee for more than 10 years and Bar-o-Meter editor in

2001-2002. Ogle received the WBA’s President’s Award for Outstanding Service in 2000 and 2005.

She is a frequent contributor to legal publications in the state, and her articles have appeared in The Journal of the Kan-sas Bar Association, Kansas Defense Journal, Kansas Municipal Law Annual, Washburn Law Journal, and Bar-o-Meter. In re-cent years Ogle has increasingly given her time presenting at CLEs and seminars throughout Kansas on subjects ranging from appellate practice and legal research to legal issues re-lated to quilt making and design.

Ogle has served on the Wichita Public Library Board since 2001 and has been vice president of the board since 2005. Ogle worked as a librarian for 10 years prior to going to law school. She received her bachelor’s degree from the Univer-sity of Kansas and her juris doctorate from Washburn Uni-versity School of Law in 1990. She also holds degrees from Emporia State University and Wichita State University. Ogle has worked as a law clerk for Kansas Supreme Court Justice Harold S. Herd and Hon. Patrick F. Kelly and Hon. John Thomas Reid, both of the U.S. District Court for the District of Kansas.

Steven A. Schwarm litigates, teaches, and writes extensively in the area of legal ethics and administrative law with an em-phasis on health care licensing, regulatory, and compliance matters. He is a frequent ethics presenter for the Kansas Bar Association. Schwarm is also the author of numerous health care administrative books and articles and is recognized as a leader in the area of the Health Insurance Portability and Ac-countability Act of 1996 (HIPAA) and the Emergency Medi-cal Treatment and Labor Act. He co-authored the HIPAA

Privacy ClearViews — Digital Desk Reference and the American Bar Association’s textbook “Health Care Privacy” chapter in Biotechnology and the Law.

Schwarm is a shareholder in the Health Care Law Group of Polsi-nelli Shalton Flanigan Suelthaus P.C. Since entering private practice in 1992, Schwarm has represented physicians, hospitals, and other health care providers and entities be-

fore state and federal administrative agencies throughout the country. Additionally, Schwarm has represented numerous health care providers in civil malpractice defense litigation on both the state and federal level.

He has also worked for the state of Kansas as an assistant attorney general and as litigation counsel and general counsel for a state agency. He is a 1987 honors graduate of Washburn University School of Law.

Nancy A. Ogle

Steven A. Schwarm

dIStInguIShEd govErnmEnt SErvICE AwArd

Carol Gilliam Green is a 1981 graduate of Washburn Univer-sity School of Law and holds a Master of Arts in English from the University of Missouri-Columbia. Since 1981, she has been employed by the Kansas appellate courts, first serving as research attorney for Chief Justice Alfred Schroeder and then as director of the Court of Appeals Central Research Staff. Green has been the clerk of the Kansas Supreme Court and Court of Appeals since 1991.

In her capacity as clerk, in addition to case pro-cessing responsibilities, Green serves as secretary to the Commission on Judicial Qualifications, the Cli-ent Protection Fund, the Board of Law Examiners, and the Supreme Court Nominating Commission. She edited the second and third editions of the Kan-

sas Appellate Practice Handbook and received the Kansas Bar Association’s Outstanding Service Award in 1995 for her work

on the handbook and past service on bar association committees. Green currently serves on the Judicial Council Procedure Advisory Committee, which pre-pared the fourth edition of the handbook.

She is a member of the Board of Examiners of Court Reporters, the Washburn Law School Alumni Association Board of Governors, past chair of the Continuing Legal Education Commission, and is a Fellow of the Kansas and American bar foundations. Green has actively served on committees of the Na-tional Conference of Appellate Court Clerks since 1991.Carol Gilliam Green

The Distinguished Government Service Award recognizes a Kansas lawyer who has demonstrated an extraordinary commitment to government service. The recipient shall be a Kansas lawyer, preferably a member of the KBA, who has demonstrated accomplishments above and beyond those

expected from persons engaged in similar government service.


Jennifer M. Hill is currently organizing and implementing the American Bar Association (ABA) Wills for Heroes Program, which is an ABA Young Lawyers Division service project. Hill received her Bachelor of Arts in 2000 from the University of Notre Dame and her Juris Doctor from Washburn Univer-

sity School of Law in 2003. She is licensed to practice in the U.S. Dis-trict Court for the District of Kansas and the Tenth U.S. Circuit Court of Appeals.

Hill is a member of the Ameri-can, Kansas, and Wichita bar asso-ciations and the Kansas and Wichita (WWAA) Women Attorneys asso-ciations. She is currently serving as president-elect of both the Wichita Young Lawyers Association and WWAA and secretary-treasurer for

the KBA Young Lawyers Section. She previously served as vice president (2006-2007) and social chair (2005-2006) of the Wichita Young Lawyers; program director (2006-2007), sec-retary (2005-2006) and special project chair (2004-2005) for the WWAA; and social chair (2006-2007) for the KBA Young Lawyers.

Hill is an active member of the Junior League of Wichita; president of the Notre Dame Alumni Club of Wichita; and is a staff writer for the Bar-o-Meter, the Wichita Bar Association’s monthly newsletter. In addition, she is a regular volunteer at the Lord’s Diner and raised more than $700 for the Muscular Dystrophy Association’s Lock Up for Kids in 2007. Hill was named to the Wichita Business Journal’s “Top 40 Under 40” in 2007.

Scott M. Hill received his Associate of Arts in 1998 from Independence Community College, his Bachelor of Arts in 2000 from Pittsburg State University, his Master of Business Administration in 2003 from Washburn University, and his Juris Doctor in 2003 from Washburn University School of Law. Hill is licensed to practice law in Kansas, the U.S. District Court for the District of Kansas, and the Tenth U.S. Circuit Court of Appeals and is currently practicing law as an associate with Hite Fanning & Hon-eyman LLP, Wichita.

Hill is a member of the Wichita Bar Association and serves on the WBA Technology and Bar-o-Meter committees, as well as belonging to the Wichita Young Lawyers As-sociation. Hill is also a member of the Kansas Bar Association and has previously served on the Annual Meeting Task Force. He is the 2008-2009 president of the KBA Young Lawyers Section and is a member of the American Bar Association and its Young Lawyers Division. Hill is a Fellow of the Kansas Bar Foundation and is a member of the Kansas Association of Defense Counsel.

He is active in his community and is a member of the Leukemia and Lymphoma Society Kansas Chapter board of trustees. He is also a community classroom volunteer for the Wichita Junior Achievement and is a member of the Young Professionals of Wichita. Hill lists his hobbies as running and cycling, completing 28 marathons, the Heartland 100-mile ultramarathon in 23:46:46, and two Century Bike Rides.

Scott M. HillJennifer M. Hill

The Outstanding Young Lawyer Award recognizes the efforts of a Kansas Bar Association (KBA) Young Lawyers Section member who has rendered meritorious service to the legal profession, the community, or the KBA. This year two recipients were chosen.

outStAndIng young lAwyEr AwArd

H, L B, J W

attorneys at law

A ACM C

P IDDUI T

W’ C

3649 SW Burlingame Rd.Topeka, Kansas 66611 • (785) 267-2410

Kansas Court Reporters Association is committed to promoting and maintain-ing the highest standards of verbatim reporting, quality services, professional

ethics, and advocating continuing educa-tion, as well as the utilization of state-of-the-

art technology.

K C RA

www.kcra.net



The U.S. District Court for the District of Kansas Pro Se Task Force is not a formal organization but a volunteer group of individuals who devote their time to advancing the need for an informative and educational guide to federal court access. They undertook the daunting task of compiling an in-structional and practical “Pro Se Guide” for use by pro se litigants and others in understanding the pro-cess of filing, prosecuting, and defending lawsuits in the federal court system. The Task Force members drafted different chapters for the guide, complet-ing flowcharts and other graphics to make the guide a meaningful tool. It is both detailed as to the different steps involved in a law-suit, along with practical easy to follow suggestions to make access to the federal courts a better understood process. In

consideration of the target audience, the Task Force purpose-fully wrote the guide at a very basic reading level.

The guide starts with a chapter titled, “Before You File Your Case.” The reader is asked to consider “ways to resolve your dispute/problem out-side of court.” Further the guide provides a list of agencies that can as-sist an individual with seeking legal advice and locations for legal re-search. The Task Force used graphics along with narratives to describe the different processes due to some individu-als learning through a visual method and oth-ers through reading text

only. The Task Force created an outstanding product for ease of access to and a better understanding of the federal court system.

Pro Bono AwArdThe Pro Bono Award recognizes lawyers or law firms for the delivery of direct legal services, free of charge, to the poor or, in appropriate in-

stances, to charitable organizations whose primary purpose is to provide other services to the poor.

(Front l-r) Karen Jannaman, Hon. David J. Waxse, and Michele Tunnell (Back row l-r) Rachel Lyle, Jason Bruhn, Kim Leininger, Linda South, Casey Tourtillott, Mary Hale, and Steve Schwarm.


Alan F. Alderson is a managing partner with Alderson, Al-derson, Weiler, Conklin, Burghart & Crow LLC in Topeka. His practice focuses primarily on family law. Alderson graduated from Washburn University School of Law in 1973 with his juris doctorate and received his master’s of law degree in taxation from

the University of Missouri-Kansas City School of Law in 1983. Prior to join-ing Alderson in 1983, he was general counsel for the Kansas Department of Revenue from 1979 to 1983.

Alderson has been a member of the Kansas Bar Association since 1983 and is past president of the Administra-tive Law Section and currently serves as chair of the Fee Dispute Resolution Panel. He served as president of the Topeka Bar Association (TBA) 1995-

1996, served nearly 10 years (two years as chair) on its Profes-sional Ethics and Grievance Committee, and serves as the current chair of its Family Law Committee. Alderson has also served on the Judicial Council Advisory Committee on Administrative Law

for 15 years; has been a member of the Third Judicial District Nominating Commission since 1999; and has served two terms as president of Topeka’s Kansas Legal Services Advisory Board, where he has been a board member for nearly 20 years.

Alderson is a recipient of the KBA’s 2004 Pro Bono Award and the TBA’s Pro Bono Award in both 1992 and 1998 and its Profes-sionalism Award in 2000.

Paul E. Dean grew up in Madison and attended the University of Kan-sas, where he received his bachelor’s degree in 1994 and his juris doctorate in 1997. For the last 11 years, he has been a general practitioner with the Emporia firm of Sherman & Dean, with a concentration on criminal law, contracts, and real estate law. He has served as county counselor for Greenwood County for the past seven years.

Pro Bono CErtIFICAtES oF AChIEvEmEntIn addition to the Pro Bono Award, the KBA awards a number of Pro Bono Certificates of Appreciation to lawyers who meet the following criteria:

• Lawyers who are not employed full time by an organization that has as its primary purpose the provision of free legal services to the poor;• Lawyers who, with no expectation of receiving a fee, have provided direct delivery of legal services in civil or criminal matters to a client or client

group that does not have the resources to employ compensated counsel;• Lawyers who have made a voluntary contribution of a significant portion of time to providing legal services to the poor without charge; and/or

• Lawyers whose voluntary contributions have resulted in increased access to legal services on the part of low and moderate income persons.Six individuals have been awarded the 2008 Pro Bono Certificate of Appreciation.

Paul E. Dean(Continued on next page)

Alan F. Alderson


Frederick W. Godderz is a sole prac-titioner in Burlingame and has been in private practice since 1975. Godderz graduated from Washburn University in 1966 and its law school in 1969. He is a member of the Kansas and Osage County bar associations.

Aaron C. McKee joined Kimberly J. Ireland in forming the Lenexa law firm McKee & Ireland LLC in February 2007. Pri-or to starting the firm, McKee was employed by Baker, Sterchi,

Cowden & Rice LLC. McKee gradu-ated from the University of Missouri with a Bachelor of Science in Business Administration in marketing, finance, and banking and logistics in 1994, from Washburn University School of Law with a Juris Doctor in 1999, and has completed 13 of 39 hours toward a master’s in business administration at Baker University. McKee is licensed to practice before the Supreme Court of Missouri, the U.S. District Court for

the District of Kansas and the Western District of Missouri, the Supreme Court of Kansas, and the U.S. Court of Appeals for the Tenth Circuit.

Since his youngest son was diagnosed with cancer in 2006, McKee and his family have actively raised money for local chil-dren’s organizations. During this time period they have raised over $4,000 for the Children’s Miracle Network and over $1,000 for the Muscular Dystrophy Association. In addition, McKee and his family have been guests on the 93.3 Mix for Kids Radiothon for the Children’s Miracle Network.

Kimberly J. Ireland joined Aaron C. McKee in forming the Lenexa law firm McKee & Ireland LLC in Febru-ary 2007. Prior to starting the practice, she was employed by Baker, Sterchi, Cowden & Rice LLC. Ireland gradu-ated with a Bachelor of Arts in political science from Wichita State University in 2001 and a Juris Doctor from the University of Kansas School of Law in 2004. Ireland is licensed to practice

before the Supreme Court of Missouri, the U.S. District Court for the District of Kansas and the Western District of Missouri, and the Supreme Court of Kansas. She is a member of the Kansas and Kansas City Metropolitan bar associations and the Missouri Organization of Defense Lawyers.

Holly A. Smith grew up in Snow-mass, Colo., and came to Topeka in 1998. She earned her Bachelor of Sci-ence in criminal justice in 2002 from Washburn University and her Juris Doctor in 2005 from the University of Kansas School of Law. Smith prac-ticed primarily family law right out of law school with the Alderson Law Firm in Topeka. She is currently a real estate transactional attorney with Foreclosure Management Co. in Overland Park. n

Frederick W. Godderz

Holly A. Smith

Pro Bono Certificates of Achievement(continued from Page 17)

Aaron C. McKee

Photo not available

Kimberly J. Ireland

Photo not available


MIlEStonES

50 Years of service

David G. Arst practices in Wichita, where his legal career in-cludes serving as a Wichita Municipal Court judge, an assistant

county counselor, and a Chapter 7 Bankruptcy Trustee for more than 16 years. After graduating from Carleton College he attended the University of Kansas School of Law, earning his ju-ris doctorate in 1958. He has served as a president and board member of the Wichita Branch of Kansas Legal Services, president of the board of the Wichita-Sedgwick County Historical Museum, and chairman of the board of the Wichita YMCA. Arst is a tri-

athlete and has run more than 20 marathons. He also climbs at least one 14,000-foot mountain in Colorado each year.

Robert T. Cornwell has his own practice in Wichita. He served two years in the U.S. Army prior to attend-ing the University of Chicago Law School, where he graduated in 1958 with a Juris Doctor.

Lavone A. Daily has her own firm in Kansas City, Kan. She graduated from the University of Kansas in 1962, majoring in bacteriology and biochemistry. Daily then worked as a micro-biologist to pay her way through the University of Missouri-

Kansas City School of Law. After graduating in 1957 with her law de-gree, she opened her private practice. During the 1960s, Daily raced sports cars, and Judge William McHale re-ferred to her as “Racoon” because of the sunburn imprint around her eyes from the racing goggles. She was the first female prosecutor in Wyandotte County and in the state of Kansas, prosecuting primarily murders, rapes, and robberies. Daily is a member of

the Johnson and Wyandotte county bar associations and the Kansas Association for Justice. She also serves as a Mission Mu-nicipal Court judge pro tem.

Gerald L. Goodell is of counsel with the firm Goodell, Strat-ton, Edmonds & Palmer in Topeka. Goodell graduated from Washburn University School of Law in 1958. In 1984, he was

elected to the American College of Real Estate Lawyers and has served as editor of the Kansas Bar Association (KBA) Real Estate Handbook. He is also listed as a leader in real estate law in Best Lawyers in America. Goodell has served as president of the KBA and the Topeka Bar Association, and he has served as chairperson of the Kansas Board of Law Examiners and the Judicial Council Probate Com-mittee. He currently serves on the

Kansas Judicial Council and is a member of the Kansas Ethics Commission. He has been awarded the Washburn Law School Distinguished Service Award, the KBA Distinguished Service Award, the Topeka Bar Association Warren Shaw Award, and the Kansas Justice Award from the Kansas Supreme Court. In 2002, he was awarded a doctorate of law from Washburn Uni-versity School of Law.

Manuel “Manny” Mendoza is originally from Independence, Kan., where he played football in high school and at Independence Junior College. He then attended Baker University where he was

a member of the football team and Sigma Phi Epsilon fraternity. He grad-uated with a degree in business admin-istration. After graduating from Baker, Mendoza served in the Army Reserves and graduated from Washburn Uni-versity School of Law in 1958, begin-ning a career that spanned 43 years with State Farm Mutual Automobile Insurance Co., eventually attaining the position of senior claim counsel in the company’s Bloomington, Ill., headquarters.

Since retiring, he keeps involved in academia and the commu-nity, and is currently serving on the Washburn University School of Law Board of Governors, serves on the McLean County, Ill., Jail Review Committee, and is a member of the American Civil Liberties Union and McLean County AIDS Task Force. His wife, Margot, and three children are graduates of Washburn Law School as well.

David G. Arst

Robert T. Cornwell

Lavone A. Daily

Gerald L. Goodell

Manuel “Manny” Mendoza



Richard H. Rumsey currently has his own firm in Wich-ita. Rumsey graduated from the University of Kansas with a

Bachelor of Arts and with a Doctor of Laws in 1958. He has served as an officer, director, or president for vari-ous church and civic organizations, including the Wichita Jaycees, the local chapter of the American Can-cer Society, the Haworth Toastmas-ters Class, and the Sedgwick County Master Gardeners. Currently, Rum-sey is a trustee and vice chairman of the Kansas State Sedgwick County Research and Extension board and is

also a trustee of Botanica for the Wichita Gardens. He received a Lifetime Membership from the Wichita Bar Association in 2007.

Hon. Gerald L. Rushfelt serves as a magistrate judge for the U.S. District Court of Kansas in Kansas City. Rushfelt attended Graceland College but graduated from the University of Kansas with his undergraduate and law degrees. Rushfelt has served as president of both the Johnson County Bar As-sociation and the Earl E. O’Connor American Inn of Court. He has also served as a critique instructor in trial practice at the University of Kansas School of Law and as a faculty mem-ber of the National Institute of Trial Advocacy. He is a fellow of the Amer-

ican College of Trial Lawyers, the American Board of Trial Ad-vocates, and the American Bar Foundation.

Carl W. Shewmaker of Eureka obtained a Bachelor of Science in foreign service from Georgetown University School of Foreign Service and a law degree from Georgetown University School of Law. During World War II, he served as an Army paratrooper during the occupation of Japan and in counterintelligence dur-ing the occupation of Austria. Shew-maker is a member of the Veterans of Foreign Wars, various Masonic bod-ies, Friends of Eureka Public Library, the Eureka Kiwanis club, and Great Plains Diabetes Research Inc.

Robert T. Stephan is a private practitioner in Lenexa, gradu-ating from Washburn University School of Law in 1957 with a Juris Doctor. Stephan then served as a municipal court judge

and district court judge in Wichita. In 1979 Stephan was elected the Kan-sas Attorney General and continued to serve until 1995. Stephan has also served as the president for the Nation-al Association of Attorneys General, and as the chair for the Governor’s Domestic Violence Fatality Review Board. He received the Smiling Bull Award from the Leavenworth Bar Association and the Fred Ellsworth Award from the University of Kansas

Alumni Association.

60 Years of service

Elvin D. Perkins spends his time working on civic projects in Emporia. Perkins graduated from Emporia College with

a bachelor’s degree and then served in the U.S. Navy for three years be-fore obtaining his law degree from Washburn University School of Law in 1948. Upon admission to the bar, he became a sole practitio-ner with an active general practice. Perkins has been active in the Kan-sas Bar Association and has served as chairman of the Continuing Le-gal Education (CLE) Committee and the Kansas CLE Commission.

He played an instrumental part in establishing mandatory CLE in Kansas.

Hon. Gerald L. Rushfelt

Robert T. Stephan

Richard H. Rumsey

Carl W. Shewmaker

Elvin D. Perkins

Hon. Paul M. BuchananDonald L. BurnettHeywood H. DavisRichard V. FooteRobert D. HechtAlvin D. HerringtonCharles F. LayJacob F. May Jr.

Calvin L. McMillanThomas L. Medill Jr.William C. NoltonRobert K. ScovelFrank G. Spurney Jr.Wayne T. StrattonGeorge D. WagstaffRobert Wunsch

John E. AltenborgOscar S. BrewerHon. Marion W. ChipmanWilliam K. ClarkKenneth H. Hiebsch

Richard K. HollingsworthRobert MartinKeith U. MartinMarion P. Mathews

60-Year Certificate Photos and biographies not available

50-Year Certificate photos and biographies not available

MIlEStonES


... serving the citizens of Kansas and the legal profession through funding charitable

and educational projects that foster the welfare, honor, and integrity of the legal system by

improving its accessibility, equality, and uniformity, and by enhancing public opinion

of the role of lawyers in our society.

Kansas Law Center1200 S.W. Harrison St.

P.O. Box 1037Topeka, Kansas 66601-1037Telephone: (785) 234-5696

Fax: (785) 234-3813Web site: www.ksbar.org

OFFICERSSarah B. Shattuck, Ashland

President

John David Jurcyk, Roeland Park President-elect

James D. Oliver, Overland Park Secretary-Treasurer

Bruce W. Kent, ManhattanImmediate Past President

BOARD OF TRUSTEESHon. Richard L. Bond, Overland Park

Robert M. Collins, WichitaDaniel H. Diepenbrock, Liberal

James C. Dodge, SubletteKenneth J. Eland, HoxieJoni J. Franklin, Wichita

Terence E. Leibold, LawrenceDavid K. Markham, Parsons

Edward J. Nazar, WichitaRandall J. Pankratz, Newton

H. Douglas Pfalzgraf, WellingtonHon. Ronnie L. Svaty, Ellsworth

J. Ronald Vignery, GoodlandKenneth W. Wasserman, Salina

James C. Wright, Topeka

Amy Fellows Cline, Wichita Young Lawyers Representative

Katherine L. Kirk, LawrenceKansas Association of Justice

Representative

Susan G. Saidian, WichitaKansas Women Attorneys Association

Representative

Vaughn L. Burkholder, Overland ParkKansas Association of Defense Counsel

Representative

Sara S. Beezley, GirardKansas Bar Association Representative

Michael P. Crow, LeavenworthKansas Bar Association Representative

David J. Rebein, Dodge CityKansas Bar Association Representative

EXECUTIVE DIRECTORJeffrey J. Alderman, Topeka

MANAGER, PUBLIC SERVICES Meg Wickham, Topeka

KBF Recognizes Fellows and Kansas Legal Legend

The Kansas Bar Foundation held its an-nual Fellows Dinner on June 19 with more than 100 attendees at Topeka’s Top of the Tower Club. Attorneys were cel-ebrated for giving back to their communities and one was honored with the prestigious Robert K. Weary Award.

Sarah B. “Sally” Shattuck was welcomed by the Fellows as the new 2008-2009 presi-dent of the Board of Trustees while Bruce W. Kent, 2007-2008 presi-dent, was thanked for his work. Dur-ing Kent’s tenure, he worked to con-tinue the efforts to build the Founda-tion through re-cruitment of new Fellows in addi-tion to laying the groundwork for planned giving. At Shattuck’s request, Kent will continue to develop the giving pro-gram as its chair. Kent has a passion for es-tablishing a planned giving program to enrich the KBF’s future.

The night saw three members of the Board of Trustees fulfill their terms: Eric Kraft, Te-resa Meagher, and KBA past president Sally Pokorny. Newly appointed board members include Amy Fellows Cline, Young Lawyers representative; Kenneth W. Wasserman, Dis-trict 6; Hon. Richard L. Bond, District 1; and David J. Rebein, KBA representative. Reap-pointed board members include Kenneth J. Eland, at large; Terence E. Leibold, District 2; David K. Markham, District 3; H. Douglas Pfalzgraf, District 4; Randall J. Pankratz, Dis-trict 8; Daniel H. Diepenbrock, District 9; J. Ronald Vignery, District 10; and Michael P. Crow, KBA representative.

The KBF introduced 13 new Fellows who pledged a $1,000 commitment in 2007-2008, and 18 Fellows completed their $1,000 pledge and are now eligible to move upward to other levels of giving. Twenty-six new Fellows Silver

were recognized giving $1,001-$4,999; two new Fellows Gold giving $5,000-$9,999 were recognized; and one new Fellows Diamond was recognized for giving $10,000-$14,999.

The highlight of the night was the presen-tation of the Robert K. Weary Award to the Hon. Wesley E. Brown, a Kansas legal legend. “Judge Brown continues to set high standards for the bar and for himself. His service to our

profession is in-spirational,” said Shattuck.

The KBF Board of Trustees estab-lished the Robert K. Weary Award in 2000 to rec-ognize lawyers or law firms for their exemplary service and commitment to the goals of the Kansas Bar Foun-dation. This award does not need to be given each

year, only when the Board of Trustees and Awards Committee decide that the award is earned. Despite Weary’s objection, the Board of Trustees selected him as the initial recipi-ent of the award in recognition of his decades of service to his community, the Kansas Bar Foundation, and the legal profession in Kan-sas. Weary passed away in 2001, although his counsel to the KBF is missed, his legacy lives on. In 2002, the award was given to Frank C. Norton, to Justice Robert L. Gernon in 2005, Mikel L. Stout in 2006, and was presented posthumously to Daniel J. “Dan” Sevart in 2007.

The KBF continues to do great things statewide. From scholarships to law-related educated projects to promoting Interest on Lawyers’ Trust Account grants, the Founda-tion is making a difference. To become a part of the philanthropic arm of the Kansas Bar Association, contact Meg Wickham, manager of public services, at (785) 234-5696 or at [email protected]. n

Kansas legal legend, Hon. Wesley E. Brown, garciously accepted the Robert K. Weary Award at the annual Fellows Dinner.


Rule of Law Conference Held at Kansas History Center

The Kansas Bar Association (KBA) and Kansas Bar Foun-dation along with the University of Kansas School of Law and Washburn University School of Law hosted a “Rule of Law” conference on May 15, 2008, at the Kan-sas History Center in Topeka. The idea for the conference came from past president of the American Bar Association, William Neukom, who had a goal for all 50 states to hold similar conferences during his term as president. Four pilot programs were held in 2007 by the states of Washington, Mis-souri, North Carolina, and Tennessee. After hearing of their successes and learning of the program, KBA President Linda Parks (2007-2008) immediately wanted to see that Kansas fol-lowed suit.

The idea behind the “Rule of Law” conferences came from the World Justice Project, begun by the then ABA President-Elect Neukom. That project was created to make advancing the rule of law a mainstream goal of the legal community and of all other major professions and disciplines.

According to Neukom, the rule of law is the “foundation of all thriving societies and is central to all efforts to ensure human security, fight poverty, eradicate corruption, improve public health, and enhance public education both in the United States and around the world.”

The World Justice Project defines the rule of law as: (1) a system of self-government in which all persons, including the government, are accountable under the law; (2) a system based on fair, publicized, broadly understood, and stable laws; (3) a robust and accessible process in which rights and respon-sibilities based in law are enforced impartially; and (4) diverse, competent, independent, and ethical lawyers and judges.

Parks formed a committee last fall consisting of Parks, Dean Tom Romig and Professor Bill Rich from Washburn Law School, Dean Gail Agrawal and Professor Steven McAlister from KU Law School, Appellate Court Judge Christel Mar-quardt, incoming KBA President Tom Wright, KBA Execu-tive Director Jeff Alderman, and Past KBA President Sara Beezley, as chair.

The committee’s focus was to model the conference after the pilot programs but to specifically address the issues of particu-lar importance to the citizens of Kansas. The committee was conscious of the need to put together a program that would appeal to all disciplines, not just to lawyers and judges.

Invitations were sent out to leaders of various organizations and associations, with the hopes of getting people from all walks of life. There were approximately 100 in attendance, including people from law enforcement, charitable agencies, realtors, teachers, insurance agents, homemakers, bankers, and city and state government.

The opening presentation was given by Kansas Secretary of State Ron Thornburgh who emphasized the importance of not only having a rule of law but being able to enforce the rule of law. Thornburgh pointed out that with the upcoming elections it is so crucial to make sure that every citizen’s vote is counted and counted accurately.

Next on the program was a panel discussion on the topic of “Why the Rule of Law Matters in Our State and in the Global Community,” moderated by Judge Marquardt. The panel members were Maggie K. Fleming, human rights legis-lative assistant and aide to the Office of Sen. Sam Brownback; Howard R. Fricke, former Chief Executive Officer of Security Benefit Group; Sue Harper Ice, public member on the Kansas State Board of Healing Arts; Hon. J. Thomas Marten, U.S. District Court for the District of Kansas; and Tom Shine, business editor of the Wichita Eagle.

The panel answered questions from the audience ranging from what we as citizens in Kansas can do to help victims in third world countries to improving the understanding of our youth on basic civics issues.

After the panel discussion, the guests were divided into “breakout” groups to discuss the importance of the rule of law to each attendee in his or her individual profession. We were fortunate to have six members of the Kansas Court of Appeals, Judges Henry W. Green Jr., Richard D. Greene, Stephen D. Hill, Patrick D. McAnany, G. Joseph Pierron Jr., and Melissa Taylor Standridge, facilitate the small groups. The judges then reported back to the group as a whole.

Each small group seemed to conclude that there was a lack of education on the importance of the rule of law in our pub-lic schools, that there are concerns with access to justice, espe-cially for the poor and the minorities, and there are problems with the system of electing judges.

The event concluded with the luncheon address given by Dean David L. Sollars, of the Washburn University School of Business, who spoke on “The Economic Importance of the Rule of Law,” emphasizing how countries that follow the rule of law, tend to be more economically stable and prosperous

The Kansas Bar Association and Foundation and the Washburn and Kansas schools of law would like to express their appreciation to all who participated as part of the pro-gram or as an attendee. Discussions have been had about a fol-low up program, or programs, that would try to educate the public on the importance of the rule of law to all of our citi-zens, including going into high schools and emphasizing the importance of students understanding how the three branches of government work. n

By Sara Beezley, Rule of Law Conference chair and KBA past president


Thank You for Sponsoring the 2008 Kansas Bar Association Annual Meeting

Ph: (785) 828-4418Fax: (785) 828-3269

[email protected]

Osage City Offi ceP.O. Box 153, 517 Market

Ph: (785) 528-3186

MARIAN M. BURNSCLYDE M. BURNS

JANET C. WALSHPATRICK G. WALSH

BURNS, BURNS, WALSH & WALSH, P.A.

ATTORNEYS AT LAWP.O. Box 487, 704 TopekaLyndon, Kansas 66451

THE WOMEN ATTORNEYS ASSOCIATION OF TOPEKA

CONGRATULATES THE CAST, CREW AND WRITERS OF THE 2008 TOPEKA BAR SHOW FOR THEIR HARD WORK AND OUTSTANDING

PERFORMANCE

www.topekawomenattorneys.com


Thank You for Sponsoring the 2008 Kansas Bar Association Annual Meeting


Law Practice ManageMent tiPs & tricks

The Nebraska Supreme Court’s Technology Committee recently released the results of an e-filing pilot test in its trial courts. Several aspects of the pilot should be of interest to Kansas lawyers and judges. A PowerPoint dem-onstration of the filing system can be viewed at http://www.nebraska.gov/courts/efile/demo/. Attorneys using the U.S. District Court’s CM/ECF system will note a familiar inter-face. Standard formats and interfaces have lowered the cost of e-filing systems and familiarity eases training and adoption.

E-Filing should benefit attorneysThe key finding of the Technology Committee analysis was

that “... keeping the perceived cost [of e-filing] favorable, in comparison to paper filings, is critical to inducing practitio-ners to use the system.” William M. Miller and Judge William Cassel, E-Filing in Nebraska – A Progress Report, The Nebraska Lawyer May, 2008: 11-12.

What a revolutionary idea – a system that reduces the courts’ costs and increases efficiency should be priced lower than paper filing! That might appear obvious but other states (including Kansas) have toyed with or implemented e-filing systems, which penalize electronic filers. In Colorado, for ex-ample, the LexisNexis e-filing system imposes a surcharge on electronically filed pleadings.

Instead of that backward approach, Nebraska has created a terrific deal for electronic filers. First, there appears to be no charge to electronically file a pleading. Second, viewing case filings requires a nominal $1 per case charge (to download all pleadings) or a flat rate of $300 per month to download unlimited case files. Compare that rate to the “deal” offered Kansas attorneys in 2006 by the Kansas Supreme Court, $1 to search for a case and $1 per page to view (a proposal defeated by SB 353).

The Nebraska model reduces paper-handling costs for both the courts and attorneys, eliminates delivery costs and delays, and provides inexpensive access to the court record from any location at any time. Such a win-win solution bespeaks careful planning.

Broad participation requiredIt seems Nebraska arrived at its win-win approach by involv-

ing a diverse cross-section of the legal community in the pilot e-filing project. The Nebraska Supreme Court Technology Committee is comprised of justices, district court judges and clerks, practicing attorneys, and law professors. This mirrors attempts by the U.S. Federal Courts in rolling out the PACER CM/ECF project. That system also tapped the concerns and expertise of eventual end-users. Both groups’ membership was public and meeting notes were available to the legal public.

The Kan

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