Judge Allen serves on the board of the localAmerican Cancer Society. He previously was a member of the board of the American RedCross for 30 years and just recently becameinvolved in helping institute a Marine ROTCprogram at Topeka High School, Topeka,Kansas, where he graduated.

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Washburn JudiciaryDedication to Justice

The HonorableAdrian J. Allen '54As a Kansas Senior Judge, JudgeAdrian Allen carries out assign-ments in a number of NortheastKansas district courts. He served

as a full-time judge of the Shawnee CountyDistrict Court from 1971 until his retirement in 1993. His most memorable case, he said,involved the collection of Kansas income tax on military retirement pay. The issue at stakewas the legality of Kansas income tax on mili-tary pay. Military retirees thought that it wasunfair that retirement pay of judges was exemptfrom taxation while military retirees had to paytaxes. The class action suit came to Judge Alleninstead of the appropriate agent (Kansas Codeallows the appeal of Kansas income tax to theKansas Department of Revenue). Judge Allenruled against the claimants because of a lack ofjurisdiction. The Kansas Supreme Courtaffirmed his decision. The US Supreme Courtreversed the decision, but stated the claimantsshould have followed the correct procedures inKansas Code.

Judge Allen decided to attend Washburn Lawafter taking a career path test administered byWashburn University. The test confirmed thebelief Judge Allen already had; a legal careerwould be best. Legal careers run in JudgeAllen’s family, his grandfather had been a lawyerand a judge in Linn County, Kansas and wasalso on the Kansas Supreme Court.

Of his legal career, Judge Allen says it hasengendered a deep and abiding respect for theUnited States judicial system. “I believe it is thebest court system.” That belief has made JudgeAllen a passionate advocate for the preservationof the judicial system.”

The HonorableMichael A. Barbara'53Judge Barbara has viewed thejustice system from several

sides--as a practicing lawyer from 1953 to 1967,as judge for the Third Judicial District of Kansasfrom 1967 to 1980 and as Secretary ofCorrections for the State of Kansas from 1983to 1985. He was chief counsel for the KansasTax Commission from 1958 to 1960.This broad perspective on the law made JudgeBarbara a valued member of the WashburnUniversity School of Law faculty for 17 years--1980-1997. He taught Evidence, Criminal Lawand Criminal Procedure.

In addition to numerous papers in professionaljournals, his books include the Kansas CriminalLaw Handbook published by the Kansas BarAssociation, Kansas Judges Benchbook onEvidence Objections, and Kansas EvidenceObjections with Evidentiary Foundations .

His many honors include the Kansas Trial Judgeof the Year Award in 1976 from the Kansas TrialLawyers Association, the Presidential Award foroutstanding contributions by an individual inthe area of corrections from the KansasCorrections Association, the Award forOutstanding Service from the Kansas BarAssociation, the Distinguished Service Awardfrom Washburn Law School Association,

Spring/ Summer 2003

Washburn University School of Law alumni have served in the judiciary throughout the United States and the world. The following are a few of those judges who daily adjudicate cases and provide the best solution to the issue at hand.

Many of our alumni could easily be included in this issue, however, due to space constraints, a cross section of the many Washburn Law alumni in the judiciary have been highlighted. Many other judges are highlighted in the feature article

100 Years of Washburn Law in the Judiciary on page 4. To every Washburn Law judge throughout the world, may your dedication, commitment and service to your community continue to be respected and appreciated by

all who know you and come before you in your courtroom.

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recognition as William O. Douglas OutstandingProfessor 1988-89 from Washburn UniversitySchool of Law and the Phil Lewis Medal of distinction from the Kansas Bar Association.

Judge Barbara currently serves as Senior District Judge of Kansas, taking cases on assignment from the Kansas Supreme Court.He also lectures at Kansas Bar Association seminars and annual meetings and at KansasJudges Conference and seminars.

The HonorablePaul Lawrence Brady '56During his distinguishedcareer, retired Federal JudgePaul Brady, Atlanta, was a trail blazer for African

American attorneys. A private practice attor-ney in Chicago for eleven years following hisgraduation from Washburn Law, he was namedattorney for the Federal Power Commission in 1968. The first African American attorneyemployed by the Commission, he was honoredfor his work as supervisory trial attorney withthe Commission's highest award for outstandingperformance.

A life member of the NAACP, Judge Bradyreceived national recognition for organizinggovernment lawyers in a VolunteerNeighborhood Legal Services Program inWashington, DC.

In 1972, he was named a FederalAdministrative Law Judge, the first AfricanAmerican to receive such an appointment.During the last six years of his 25-year tenure,Judge Brady presided as chief judge of theAtlanta regional office. In his honor, a library-conference room in the Sam Nunn FederalOffice Building was designated the BradyConference Room.

In addition to his judicial work, Judge Brady has written A Certain Blindness, a book detailinghis own story and his family's quest for thepromise of America in the context of Americanhistory. A second book, Bass Reeves: UnitedStates Deputy Marshall - His Life and Legacy,is about his great uncle, who was the firstAfrican American federal law officer to serve on the western frontier.

The HonorableJ. Patrick Brazil '62When he retired as chiefjudge of the Kansas Courtof Appeals in January 2001,

Judge Brazil left knowing that cases before thecourt would be heard promptly and fairly. Amember of the Court of Appeals for ten years,Judge Brazil assumed the administrative dutiesof chief judge in 1995 with concerns that aheavy backlog of cases delayed justice andthreatened Kansans' right to a low-cost appeal.He made reducing that backlog, brought aboutby new criminal sentencing guidelines that tookeffect in 1993, his top priority. Under his lead-ership, the time before arguments are heard wasreduced from as much as eighteen months, insome cases, to as little as two months. TheKansas Bar Association honored Judge Brazilwith its Outstanding Service Award in 1994.

Judge Brazil continues to hear cases as a seniorjudge taking assignments from the court ofAppeals and the Supreme Court. He is alsoassociated with Associates in DisputeResolution doing mediation and arbitration.

Earlier in his career, Judge Brazil practiced lawin Pratt and Eureka and was a judge in theKansas 13th Judicial District from 1972 to 1985.

He is past president of the Kansas DistrictJudges Association, a founding member of the Kansas Continuing Legal EducationCommission, secretary of the NationalConference of Chief Justices of IntermediateCourts of Appeals and serves as a member of the commission on Judicial Qualifications. He is a member of the Sam A. Crow Inn ofCourt and serves on the Washburn Law SchoolAssociation Board of Governors.

Reflecting his commitment to his profession,Judge Brazil said: “I urge law students andyoung lawyers to always remember that the law is first and foremost a profession, not a business; all lawyers owe it to the profession, to their clients and to themselves to always

conduct themselves in a professional and ethical manner.”

The Washburn Lawyer

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The HonorableMarion WalterChipman '48It is a long way from a sodhouse in rural Graham

County, Kansas, to St. Petersburg, Florida.Retired Judge Marion Chipman made the lifelong journey in style.

Educated in a one-room elementary school anda rural Kansas high school, at Fort Hays StateCollege, and at Washburn University School of Law, Judge Chipman was admitted to practicelaw in Kansas in 1948 and before the NinthCircuit U.S. Court of Appeals and the UnitedStates Supreme Court in 1975.

He served two terms as Graham County attor-ney and was chosen as the first county counselorof Johnson County, Kansas. He practiced for 32years, earning a statewide reputation as both atrial and appellate attorney and was frequentlyconsulted by other attorneys to assist in com-plex litigation.

“At age 60, I decided, at the suggestion offriends, to submit my name to the nominatingcommittee for possible appointment to the dis-trict court bench," he said. He recalls the com-mittee's interview: “Justice Prager asked me,"Marion, why do you want to be a judge?” Igave the answer, 'It's inside workin' and thereain't no heavy liftin'.' The serious atmospheredissolved into one of hilarity.” After more ques-tions, he was selected as one of three applicantswhose names were forwarded to Governor JohnCarlin, who appointed him a judge for the 10thJudicial District of Kansas in 1980.

Following mandatory retirement at age 70,Judge Chipman served as a Kansas Senior Judge,trying cases in many Kansas counties and serv-ing as a judge pro tem of the Kansas Court ofAppeals and justice pro tem of the KansasSupreme Court. He also operated an arbitrationand mediation practice in the Kansas City areabefore moving to Florida in 2000.

The HonorableJohn EdwardsConway '63“I don't think there is a better job for a trial lawyerthan being a federal districtjudge.” Judge Conway speaks

from experience, when he makes that state-ment. He has been a judge of the United StatesDistrict Court in New Mexico since 1986 andwas chief judge from 1994 to 2000. Under hisleadership, a new courthouse was constructedand the court became one of the most computerliterate courts in the country.

“A few years ago I tried a drug case thatinvolved 100,000 pounds of marijuana. Thetrial went on for six months and was the longesttrial in the history of New Mexico,” JudgeConway said. “I am sentencing 300-400 peoplea year, and most of them are drug cases. It isvery discouraging. The New Mexico DistrictCourt has the third highest criminal caseloadamong the 94 federal district courts.”

In addition to his work in New Mexico, JudgeConway was appointed last year by Chief JusticeRehnquist to the Foreign IntelligenceSurveillance Act Court in Washington, DC.The court hears only cases against foreignagents. Judge Conway goes to Washington fora week every two months to hear cases, but he

anticipates that work may increase.

Prior to his appointment to the federal bench,Judge Conway practiced in Santa Fe andAlamogordo and served in the New MexicoState Senate where he was minority leader foreight years.

Spring/ Summer 2003

15

Dedication to Justice

The HonorableSam A. Crow '52Sam Crow, Senior U.S.District Court Judge , recallswith modesty his admissionto Washburn University

School of Law in 1949. “This was just afterWorld War II,” he explained. “Law schools werethirsty for people, particularly those who wouldreceive the GI bill. There weren't any admis-sion tests, so really, I just went to Washburn toenroll, enrolled, and went through on the GIbill.” He chose Washburn on the recommenda-tion of his father, who told him it was one ofthe best law schools in the nation and that itwould be more practical in its teachingapproach.

Judge Crow found his father was right, and hehas put his practical education to good use.Following graduation, he joined the firm ofRooney, Dickinson, Prager & Crow in 1953 in Topeka. “We practiced general law, and wenever turned down a client who had a cause,regardless of whether we would be paid or not.If the case had any merit, we took it,” he said.

Then the military called, and Judge Crowreturned to active duty in the Judge AdvocateGeneral Corps (JAG). “I got a lot of trial experience there, everything from AWOL to murder,” he said.

Several more years of practice in Topeka fol-lowed before he was named a magistrate judgein 1975. In 1981 President Reagan appointedhim to the federal bench. He served first inWichita and has been in Topeka for the pasteleven years.

Judge Crow's devotion to his work and the people he serves is evident when he speaks of judges in general: "We love our country,we love the courts, we love the procedure that's followed…. We devote our lives to the legalprotection of people," he said.

Judge Crow served on the Washburn LawSchool Association Board of Governors from1994-1998.

The HonorableDonna Kay Dixon '84As the only district cour tjudge in Roseau County,Minnesota, Judge Dixon presides over all criminal,

civil, juvenile, probate and family matters thatcome before the court. Her work challenges herto make difficult and painful decisions. “I amcurrently presiding over a first degree murdercase in which the defendant is fourteen yearsold,” Judge Dixon said. “The decision to certifythis juvenile as an adult was the most difficultdecision I have had to make.”

Because of her previous work as a public defend-er and now as judge, she is acutely aware of theneeds of children and passionate about helpingthem. “All children have the right to a safe,healthy, and nurturing environment,” JudgeDixon said. “I am appalled at the number ofchildren who do not have these basic needs.The State of Minnesota, through implementa-tion of innovative programs, is attempting toaddress this issue.”

Judge Dixon came to the bench in 2001 following stints as city prosecutor in Wichitaand Olathe, Kansas, as an assistant city attorneyin Olathe, as an attorney in private practice inWarroad, Minnesota and as an assistant publicdefender for the State of Minnesota.

Outside her career, Judge Dixon's passion ishockey. “With a son and daughter both playingyouth hockey, I'm a 'hockey mom' from Octoberthrough April,” she said. That is quite a changefor a woman who grew up in Kansas and neversaw a hockey game until she moved toMinnesota in 1994.

The Washburn Lawyer

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The HonorableMuriel E. Harris ‘76Judge Harris has been a judgefor the 29th Judicial Districtof Kansas in WyandotteCounty (Kansas City) since1988. Prior to becoming a

district court judge, Judge Harris was a SpecialProsecutor Wyandotte County DistrictAttorney, Assistant City Attorney in RoelandPark and also had a solo practice.

She recalled that she chose WashburnUniversity School of Law because she anticipat-ed practicing law in the Kansas City area and aKansas school seemed a practical choice. “Myfather, James Yates ‘51, was a Washburn LawSchool graduate, and I, therefore, had sentimen-tal reasons also,” she said.

Her choice was a wise one. She foundWashburn's location in the capitol city madeit convenient to utilize state government

resources. She made valuable acquaintancesand developed resources for her subsequent solopractice and judicial career. “I took advantageof the internship program and worked a summerand one semester in the district attorney's officein Wyandotte county…. The experience ofmeeting the actual individuals I would later beworking with was invaluable,” Judge Harris said.

The HonorableWilliam H. Helsper '73As Chief U.S.AdministrationLaw Judge in the Office ofHearings and Appeals, SocialSecurity Administration in

Fort Worth, Texas, Judge Helsper is responsiblefor the hearing and disposition of more than5,000 cases a year by a group of eight otherjudges. The Office of Hearings and Appeals,which serves most of west Texas, primarily adjudicates cases concerning individual claimsfor Social Security disability benefits. “The proceedings are non-adversarial in nature andthe decisions may be further appealed throughthe U.S. Courts,” Judge Helsper said.

Judge Helsper has spent his professional careerin public service. Upon graduation fromWashburn Law, he became a staff attorney withthe Board of Veterans Appeals in Washington,DC, where he served until 1982. That year hewas appointed an Administrative Law Judgewith the Social Security Administration.Assignments with the Social SecurityAdministration have taken him to Huntington,West Virginia, and Houston, Dallas, and For tWorth, Texas. He has been chief judge in theFort Worth office since 1992.

In that position, he is concerned that dueprocess be carried out. “I have witnessed, on far too many occasions, a failure to provide individuals fair and timely disposition of theirclaims, owing to faults on both sides of thebench,” Judge Helsper said. “Playing 'fast andloose' with matters which directly affect thelives of the public is not what we, who areinvolved in the practice of administrative law,consider 'public service.'”

As a lawyer, administrator and judge, Helsperhas come to recognize certain truths. He summarizes:● “As a lawyer, honesty and integrity will

always pay dividends.”● “As an administrator, one has to pick causes

very carefully.”● “As a judge, never lose sight of the forest

for the trees.”

Dedication to Justice

❝As a lawyer,honesty and

integrity will always

pay dividends.❞

-Judge Helsper

Spring/ Summer 2003

The HonorableHarold S. Herd ‘42During fourteen years as aJustice of the KansasSupreme Court, Harold

Herd published 487 opinions. He took a keeninterest in cases involving the rights of litigantsin the mineral law field and was recognizedthroughout the state and in many parts of thecountry as an expert on oil and gas law.

Justice Herd is a native Kansan. Reared on afarm southwest of Coldwater in CommancheCounty, he returned to his home communityfrom Washburn University School of Law in1942 to practice with his father-in-law untilcalled to active duty in the U.S. Navy onDecember 7, 1942. Four years later he returnedto the Coldwater practice, where he did prima-rily trial work. He recalled: “…I was prettylucky. I didn't try my cases well, but I wonthem…. I began to try to improve the qualityof my technique…so when I became prosecutor,I thought this might be a way to do that.”

Always interested in public service, he wasmayor of Coldwater from 1950 until 1954 andserved as Commanche County attorney from1954-58. He was a member of the KansasSenate for two terms--1964 to 1972. JusticeHerd lost his bid for re-election in 1972, due in part, he said, to his support of presidentialcandidate George McGovern, who was unpopular in Herd's senatorial district.Governor John Carlin named him to theSupreme Court in 1979.

Justice Herd's contribution to the legal commu-nity extends beyond the bills he introduced andthe opinions he wrote as a justice. He workedwith high school teachers and students to bringthe constitution to life for youth and producedtwo videotapes titled “Lessons in Liberty.” InJuly of 1993, Justice Herd became the firstDistinguished Jurist in Residence at WashburnUniversity School of Law. He taught U.S.Constitutional History and KansasConstitutional Law 1995-96 and served as advisor to Washburn's Constitutional Law moot court team.

The HonorableSteven L. Hornbaker'73Steven Hornbaker broughtthe experiences of twenty-seven years in the practice of law in civil litigation in

Junction City, Kansas, to the bench when hewas appointed district judge for Division IV ofthe Eighth Judicial District of Kansas in 2000.Stressing fairness, tolerance, and humility as thetraits of a good judge, he takes his duties veryseriously. "Even small cases are important tothe litigants and they should all be treated seri-ously," Judge Hornbaker said. He also is pas-sionate about upholding constitutional rights.

Judge Hornbaker is active in several professionalorganizations. He writes and teaches in contin-uing education programs offered by the KansasTrial Lawyers Association and the Kansas BarAssociation. Hornbaker previously served onthe Washburn Law School Association Board ofGovernors from 1988 until 1998. He recentlywas promoted to rank of Advocate of theAmerican Board of Trial Advocates, having hadover 50 civil jury trials tried to conclusion.

Asked what words of encouragement he wouldoffer to law students and up-and-cominglawyers, Judge Hornbaker replied: “A lawdegree will allow you the privilege of practicinglaw, but it is not a license to make money.Enjoy the ride.”

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❝Even small casesare important to the litigants and

they should all betreated seriously.❞

-Judge Hornbaker

The Washburn Lawyer

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The HonorableDebra McReynolds-Farm '98As an administrative lawjudge with the Idaho

Department of Labor, Judge McReynolds-Farmhears unemployment appeals, employer taxcases and federal wage and hour disputes. Her most challenging cases, however, involve

discrimination and harassment.

“The 'wronged' party really does feel wrongedand often they have a legitimate reason to feelthat way,” she said. “However, it does notalways mean there is a cause of action. Makingthem feel as if they have had their day in courtand helping them to move forward even thoughthat is all that can be done is very difficult.”

Judge McReynolds-Farm believes the ability tobe and stay objective is the most important traitfor someone in her position or for any judge. “It is a bit like taking the bar exam every day.It is important to stay focused on the law andthe facts no matter how impassioned, angry,ruthless, self-righteous and disappointed the parties may be in (or with) each other. …I amtrying to ensure that everyone follows the rulesand is fair in the employment context,” she said.

Judge McReynolds-Farm came to her presentposition following four years as a staff attorneywith the Kansas Department of Social andRehabilitation Services and a year as specialistassistant attorney general with the KansasDepartment of Health and Environment. “In both positions, I was given opportunities to represent the agency in one way or anotherwith regard to employment issues. With thatexperience and a good education, it was analmost natural progression to my present work,”she said.

The HonorableFred S. Jackson '60Being a judge is not the wayto win popularity contests.Rather, as Judge Jackson

points out, “Judges must have the courage tomake the decision which is appropriate to the law and the facts of the particular case even though that decision will obviously beunpopular.”

Judge Jackson should know. He was a districtjudge in Shawnee County, Kansas, for nineteenyears. Since his retirement in 1999, he hasbeen a senior judge, working approximately 40 percent of the time hearing cases assigned by the Kansas Supreme Court in various judicialdistricts. Prior to taking the bench, JudgeJackson was an assistant county attorney from1960-61 and then worked in private practicefrom 1961-80.

Among his most memorable cases was litigationrelated to the liability of tobacco companies infailing to advise the public in a timely mannerabout the hazards of smoking. “Those casesinvolved a great many parties and lawyers andsome unique legal issues,” he said.

During his years on the bench, Judge Jacksonhas come to identify patience as a prime virtuefor a judge. “Judges must be patient and listen to the views of all parties to litigation as theytry to arrive at an appropriate decision,” he said.Judge Jackson should have a good sense of thejudiciary, his father, Schuyler W. Jackson, wasdean of Washburn Law School for about tenyears, then became a Kansas Supreme CourtJustice from 1958 to 1964.

Judge Jackson describes the practice of law as arewarding career and one of service to the com-munity. “Lawyers are in a unique position toprovide help to many sectors of society inresolving and settling controversies. There is an enormous variety of ways in which membersof the legal profession can be of service to allelements of society,” he said.

As for the judiciary, he is a strong supporter ofthe non-partisan selection of judges. “It isimportant to maintain an independent judici-ary--one of the cornerstones of our democracy,”he said.

Spring/ Summer 2003

PHOTO NOTAVAILABLE

The HonorableJoseph W. Morris '47

Judge Morris has a long andvaried career in the law.

Since 1984, he has been a member of the boardand shareholder of Gable & Gotwals, a law firmin Tulsa, Oklahoma. Earlier positions includevice president and general counsel of Shell OilCompany, general counsel of AmeradaPetroleum Corporation and chief judge for theUnited States District Court for the EasternDistrict of Oklahoma. He is a former dean ofthe College of Law at the University of Tulsa,where he was also an adjunct professor of lawfor twenty years.

During the past fifteen to twenty years, JudgeMorris has spent approximately ninety percentof his time on Alternative Dispute Resolution(ADR) matters. He has chaired or served as anarbitrator in significant commercial arbitrationsthroughout the United States and in Australia,England and the United Arab Emirates. Inapproximately two-thirds of the cases, he waspanel chairman or the sole arbitrator. He alsohas substantial experience as a mediator, a mini-trial neutral and a court-appointed settlementjudge. In 1991, he taught ADR at theInternational Development Law Institute inRome.

He recently served as Special Master for “In re: Copeley Pharmaceutical, Inc.,'Albuterol' Products Liability Litigation,” a mass tort class action case.

Judge Morris's many memberships include theNational Panel of Distinguished Neutrals, theArbitration Commission and the ArbitrationAppeal Panel of the Legal Program of the CPRInstitute for Dispute Resolution, New York. He serves on the American ArbitrationAssociation's Energy Panel and its ComplexCase Panel of Arbitrators. He is a member of the Advisory Board of the Institute forTransactional Arbitration of the Center forAmerican and International Law. He is listed in The Best Lawyers in America.

The HonorableMaurice "Buck"O'Keefe '53At age 74, retired JudgeMaurice O'Keefe, Atchison,Kansas, advises young lawyers

to work hard in their profession but keep a balance in their family and social life. “It is not necessary to be brilliant to be a successfullawyer. Being well prepared and persistent arejust as important as intellect. My lifelong mottothat I profess to my seven children is NEVERGIVE UP,” he said.

Judge O'Keefe practiced law in his home townof Atchison for 25 years before being appointedto the Kansas judiciary in 1981. “Those years as a trial attorney uniquely qualified me toassume the judgeship. Probably the most important trait of a judge is being fair. It is also important to be even tempered and relateto people on their own level,” he said.

“One thing I've learned as a lawyer and judge is to understand human nature. All kinds ofpeople pass before you in a courtroom. BecauseI was a judge in a fairly small county, I handled all types of cases. The most unusual was a murder case involving a sex slave situation.Child custody cases were the most difficult decisions. Sometimes both parents seemed tobe good parents, and sometimes neither parentseemed fit. I agonized over custody cases themost. But whatever the case, life was never boring.”

Since his retirement in 1996, Judge O'Keefe hascontinued a limited law practice from his homeoffice.

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Dedication to Justice

❝NEVER

GIVE UP.❞

-Judge O’Keefe

The Washburn Lawyer

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The HonorableNancy E. Parrish '85

Public school teacher, private practice attorney,state senator, member of the Kansas State Boardof Tax Appeals, Secretary of Revenue for theState of Kansas, Shawnee County JuvenileCourt guardian ad litem (attorney for the bestinterest of the child).

Judge Parrish of Topeka held all of those postsleading up to her current position as judge ofDivision 14 of the Third Judicial District ofKansas. She also chairs the Kansas SupremeCourt's Child Support Guidelines AdvisoryCommittee, serves on the executive board ofthe Kansas District Judges Association and is amember of the Kansas Judicial Council PIK(Pattern Instruction Kansas) AdvisoryCommittee.

To accomplish all this, Judge Parrish draws onher people skills, the trait she identifies as mostimportant for being a judge. “Judges must treatall parties to a case with respect, possess an abil-ity to listen and process information and main-tain an even temperament,” she said.

Judge Parrish finds her work challenging andenjoyable as she remembers some unique anddifficult cases. “Some of my most memorablecases were domestic relations cases in which'custody' of animals was at issue. The 'abused'talking parrot who was indulged by one spousewith beer was a classic,” she recalled. “One ofthe more significant cases was a declaratoryjudgment action brought by Blue Cross BlueShield of Kansas against the Attorney Generalto determine whether Blue Cross Blue Shieldwas a non-profit corporation.”

The HonorableJay Don

Reynolds '66As a Marine Corps officer-lawyer in the 1960s,Jay Don Reynolds saw duty in Virginia, RhodeIsland, California, Okinawa, Vietnam, andJapan. Then he came back to Kansas. He took a position with a Dodge City law firmand commenced practice in Cimar ron in the fall of 1969. His career in public service beganin January 1971, when he was sworn in as GrayCounty Attorney, a position he held for sixyears. In 1972, he was appointed municipaljudge of Scott City, and in 1977 he filled anunexpired term as an associate district judge of the Sixteenth Judicial District of Kansas.Later, he became a district judge and, finally,chief judge before retiring in 2001.

Judge Reynolds notes that, along the way, helearned a great deal about human emotions andbehavior. He cites four points as being of par-ticular interest:● When dealing with the legal controversies ofpeople, there is almost always a governing emo-tional undercurrent that must be addressed andconsidered before a good resolution can result;● The carrier of anger toward another is moreburdened than the target;● A compromise is usually more effective andjust than a verdict; and● Antisocial conduct is fueled by poor self-esteem.

That final point has become one of his greatestconcerns. “Society must recognize that our children are our greatest natural resource andparents are the stewards of that resource. Asstewards, parents must be held accountable andresponsible, but they must also be given authori-ty and education. If we can put space stationsin orbit, why can we not teach parents how tonurture and rear a child with sufficient self-esteem to resist gangs, mood- and mind-alteringsubstances and other negative and destructiveinfluences?” he asks. He then adds: “Legislativesolutions to social problems are stillborn with-out adequate public funding.”

Dedication to Justice

Spring/ Summer 2003

PHOTO NOTAVAILABLE

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The HonorableKeith L. Roberts '80

Judge Roberts worked in many courtrooms inhis 20-plus years as an attorney and judge. None are more memorable than the one in aclimate-controlled tent at Prince Sultan AirBase, where he presided over the first two casestried in Saudi Arabia following the 1991 GulfWar. One involved the theft of personal itemsfrom an airman, and the second involved pro-curement fraud. He arrived in Saudi Arabia atmidday when the temperature was 125 °, anexperience that sparked the thought, “I'm not in Kansas anymore,” in the Syracuse, Kansas,native.

Judge Roberts, commissioned as an Air Forceofficer through the Washburn University AirForce Reserve Officer Training Corps, enteredactive duty as a Judge Advocate in 1981.Military assignments took him to Georgia,Germany, Alabama, Cuba and Washington,DC.

He joined the White House Office ofAdministration, Office of the General Counsel,in 2002. “We provide legal advice on a broadrange of legal areas such as government agencylaw, employment and EEO law, ethics, contract-ing and procurement law, fiscal law, recordsmanagement and information disclosure includ-ing the Freedom of Information Act and PrivacyAct,” Judge Roberts said.

During his international travels, Judge Robertsgained a great appreciation of “all the wonderfulthings we have in the U.S., especially our free-doms. And, I learned that good old-fashionedvalues such as honesty and hard work, that areso common to those of us from Kansas, arequickly recognized and appreciated by others,”he said.

The HonorableKeith Sanborn '50Keith Sanborn's career in

Sedgwick County (Wichita) Kansas, followed hisd ream: county attorn e y, district attorney andfinally District Court judge. Now re t i red, JudgeS a n b o rn perf o rms many marriages. “I had a won-d e rful care e r. It's a wonderful life,” he said.

Throughout his career, Judge Sanborn followedthe principles he describes as important for all judges. He gave fair consideration to all litigants, striving to insure justice was done for everyone. And, along the way, he saw andlearned many things. He summarized some of the most interesting and important:● Most people try to do the right thing most of the time,● People in the community will help you doyour job if you ask,● Protect trial by jury with your very being.

It is that final point that causes him great concern. “The Constitution and Bill of Rightsare under attack in the name of security,” hesaid. “They must be protected by lawyers andjudges if our freedom is to endure.”

And of his law school alma mater he said, “A Washburn legal education fits graduates to resolve real problems of real people in thereal world. Students should study hard, reverethe profession of law and protect the rights andfreedoms guaranteed by the Constitution to all.”

❝Protect trial by jury with your

very being.❞

-Judge Sanborn

The Washburn Lawyer

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The HonorableEdward PaulSchneeberger '73Judge Schneeberger came tohis position as a U.S.Administrative Law Judge for the Social Security

Administration through a nationwide competi-tion. Some 1,600 attorneys filed applicationsand references, completed a written test, andwere interviewed. “The test reminded me of the bar exam,” he recalled. Only 60 applicantsmade the cut and were placed on an eligibilitylist. “I waited over two years before I was calledfor a final interview and ultimately assigned toDowney, California,” Judge Schneeberger said.

Although Judge Schneeberger says there is notmuch glamour in adjudicating disability cases,he is committed to serving the people whocome before him. “We serve an area includingSouth Central Los Angeles, Watts, Compton,and other places that have gained at least apretty tough reputation. Hence, many of thecases I hear are for persons who qualify, byincome and resources, for welfare. However,it is encouraging that our government has programs to try to help those who are unable to work,” he said.

Prior to his appointment to the bench, heserved in the Air Force as a Judge Advocate for four years after graduation. He thenreturned to Leavenworth and practiced law for twenty years.

“I did not realize it at the time, but WashburnUniversity School of Law gave me a sound legaleducation,” Judge Schneeberger said. “I havebeen able to compete successfully in the legalprofession in military law, private practice, andthe judicial area.”

Judge Schneeberger enjoys participating inactivities and programs that support and encour-age young people. He urges students and otherswith an interest in the legal profession to talkwith someone in the profession about thenature, challenges and rewards of a legal career.“I try to be available to young people to answersuch questions,” he said.

The HonorableWilliam NeilShepherd ’67

Judge Shepherd has spent many years helpingchildren and families. Judge Shepherd served as Sacramento County’s first Child SupportCommissioner from June 1993 until he semi-retired and began working a reduced case loadin March 2002. In addition to his child supportduties, he also served as the primary back up forthe three family law courts.

After graduation Judge Shepherd served as aJudge Advocate General in the Air Force until1972. He then went to work as a prosecutor for the Sacramento County District Attorneysoffice. In 1973, he started his own firm practic-ing first in general then family law until hisappointment as Child Support Commissioner in 1993.

Judge Shepherd said “I have learned that youcan’t help all of the people all the time, but youcan help some of the people some of the time.”Living by that motto, Judge Shepherd strives tobetter the lives of children, whose parents areinvolved in family law matters.

Judge Shepherd tells students to “work andstudy hard every day” and gives lawyers 3 ruleshe believes you should live by, they are “first, dothe best job you possibly can for your client; sec-ond, get the money and third don’t put the sec-ond rule before the first rule.”

Judge Shepherd has received the Child SupportCommissioner of the Year and National ChildSupport Judicial Officer of the Year awards. Heis currently a certified family law specialist and a member of the California Bar Association.

❝...work and studyhard every day.❞

-Judge ShepherdSpring/ Summer 2003

The HonorableEdward A. Simons '65Judge Simons saw a lot duringhis 25 years on the bench-

-fifteen years as a judge on the Denver CountyCourt (six and one-half years as chief judge)and 10 years on the Denver District Court. He retired in June 2000. Prior to taking thebench, Judge Simons entered private practice in Golden, Colorado after graduation and laterworked as a Deputy District Attorney inDenver. In 1970 he became AdministrativeAssistant for Congressman Mike McKevitt inWashington, DC, heading up offices in Denverand D.C. He also served as an AssistantAttorney General for the State of Colorado for several years.

Some of Judge Simons cases still haunt him. “I will always remember the senseless case of a squeaky clean, 30-year-old man who becameenraged with the antics of another driver on the road,” Judge Simons said. “This fellow,without even a traffic ticket to his name, shot a gun through the window of the other vehicle,killing the passenger. After trial, I was requiredto sentence him to life imprisonment, withoutthe possibility of parole.”

Judge Simons points to the need for honesty inthe legal profession and the courts as one of hispassions. “I've tried to figure out how to pro-mote honesty in the courtroom and among theyoung lawyers in particular,” he said. “For example, hardly a criminal case goes by withoutlies from the witness stand. More young lawyersthan in the past don't have any compunctionagainst dishonesty outside the courtroom to getahead.”

Nevertheless, Judge Simons found his careerchallenging and fulfilling, and he views a lawdegree as a stepping stone to many opportuni-ties. “The study of law opens the door to somany careers. If you can stop once in a while to 'smell the flowers,' a career based on the lawis almost guaranteed to provide many more goodtimes than bad,” he said.

The HonorableJames B. Stewart '78Maintaining and improvingpublic confidence in the judiciary are issues of concern

and importance for Judge James Stewart of theCircuit Court, Ninth Judicial Circuit, KnoxCounty, Illinois, located in Galesburg. Withseventeen years on the circuit court bench, first as an associate judge and since 1996 as acircuit judge, he believes involving members ofthe public in judicial proceedings is a practicalmethod of accomplishing that goal.

Judge Stewart supports a number of programsthat involve community volunteers assisting the judiciary. He encouraged formation of aVictim's Impact Panel to bring citizens victim-ized by drunk drivers into the criminal processto instruct violators in the consequences of theirdrunk driving. He encouraged formation of oneof Illinois' first CASA (Court AppointedSpecial Advocates) programs to represent theinterests of abused and neglected children inKnox County. And, he encouraged and assistedin the development of a countywide communityservice program that involves not-for-profit corporations, governmental entities and church-es in providing community service opportunitiesfor young people and nonviolent offenders.

“Not only do these organizations involve citizens in the work of the judiciary, but theyalso set up a system of court watchers that monitor the work of the court system and serve as a link to the community in keeping the community informed of the job we do and the problems that afflict the area,” JudgeStewart said.

Judge Stewart came to the bench following a career as partner in a general practice lawfirm. “It is important for young attorneys to link in some way to a law firm where they canbe guided by more experienced hands. Theymust be observant and accept the advice ofolder, more experienced practitioners in order to develop and grow professionally,” he said.

Dedication to Justice

23The Washburn Lawyer

The HonorableCharles A. Stokes '82As a student at WashburnUniversity School of Law,Judge Stokes never consideredor imagined that most--or

even any--of his law career would be spent inthe judiciary. Indeed, it didn't even cross hismind during the first few years after his gradua-tion while he rented office space in Dallas tak-ing mostly business and collection cases.

Nevertheless, he is now Judge Charles Stokes of the 68th Judicial District Court of DallasCounty, Texas. He came to the civil districtcourt bench at the urging, encouragement andrecommendation of friends and other electedofficials who persuaded him to run for election.Judge Stokes served two years as a municipaljudge in Garland prior to being elected.

Judge Stokes feels strongly about the need topreserve the right to trial by jury because it isone of the great founding principles of thiscountry. “Jurors collectively have a tremendousability to get to the substance and truth of amatter,” he said.

After presiding over approximately 400 jury tri-als and 2,000 bench trials, Judge Stokes said it isdifficult to pick one or a few cases as being mostmemorable or unique. “Commercial cases seemto be the most challenging from a legal stand-point. Jury trials with pro se parties are themost difficult and unique challenge,” he said.

His advice to students and young attorneys: “Have faith in yourself. Don't set limits onwhat you want to do or accomplish,” said JudgeStokes, who never expected to be a judge.

The HonorableHarold RobertTowslee '71Judge Towslee has been judge

for the 335th Judicial District Court of Texassince its inception in 1983. First appointed bythe Governor, he has been re-elected every fouryears since, four out of five times in unopposedelections.

The court serves four central Texas counties,with jurisdiction in all felony criminal cases,family law matters, civil matters, cases involvingtitle to land, election contest cases and juvenilematters. Judge Towslee brings what he believesis the most important trait for a judge to thebench: patience. “A judge should be a good lis-tener,” he said. “Let witnesses and lawyers havetheir say. In my opinion, they will be more sat-isfied with the outcome if they feel that theyhave had their 'day in court.'” He also states,“Your reputation is the most valuable asset youhave, protect it at all cost.”

He finds cases involving children of great con-cern. “Children who are victims of crime…victims of divorce…victims of negligent par-ents--these cases are so sad…. I am physicallyand emotionally drained whenever I finish atrial involving children. I would love to some-how protect children from the damage publictrials cause.”

And yet, other cases are even more difficult:capital murder cases. Judge Towslee has triedtwo such cases, one involving the death of sixindividuals including four small children. Inboth cases, he was impressed with the quality ofthe work and the effort put forth by prosecutionand defense lawyers. “Much of their workinvolved legal research, trial strategy, witnessinterviewing and preparation outside the court-room,” he said. “Lawyers have a tremendousresponsibility to see that the jury gets all theinformation it needs to make the right decisionin this life or death situation.”

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Dedication to Justice

❝Have faith in yourself. Don’t setlimits on what to

do or accomplish.❞

-Judge StokesSpring/ Summer 2003

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The HonorableJames R. Van Orsdol '73Colonel James Van Orsdol is chief judge of the Air Force

Court of Criminal Appeals at Bolling Air ForceBase, Washington, DC. Nine senior active-duty judge advocates and four reserve judgeadvocates comprise the court, which has largelymandatory first-level appellate jurisdiction overconvictions by courts-martial in the Air Force.They review convictions for both errors of lawand fact. The court has the power to reduce or set aside any finding of guilt and to approveor reduce any sentence as it determines appro-priate. The court generally sits as three-judgepanels. Judge Van Orsdol designates the panelsand appoints senior judges to preside in each.Between 450 and 500 cases are received annually.

Judge Van Orsdol began his military career in1973, following participation in the ReserveOfficer Training Corps during his years atWashburn University School of Law. Hisassignments have involved nine years in Europe and three years in Asia. During oneassignment, he was legal officer to the MilitaryCommittee of the North Atlantic TreatyOrganization (NATO) in Brussels, with subordi-nate legal offices in almost all of the 19 NATOnations. "I have worked with attorneys frommany countries and compared their legal systems with ours," Judge Van Orsdol said."Although legal systems can vary widely, I have found attorneys around the world arequite similar in their analysis of issues and logical approach to problem solving."

"We have established that the United Statesand the U.S. armed forces can help spread thevalues of democracy and fundamental conceptsof fairness and due process through outreachprograms in Africa, Asia and eastern Europe. I suggest we must continue to…expand theseefforts and help bring faith in the law to manyin what have been virtually lawless societies,"Judge Van Orsdol said.

The HonorableGregory L. Waller '72Judge Waller is a good listen-er. He uses that skill daily as

judge for Division 5 of the 18th Judicial Districtof Kansas located in Wichita. Judge Waller wasappointed to the bench in 1993 and has beenelected thereafter. His passion, he said, is “jus-tice for all people.”

Both civil and criminal cases hold JudgeWaller's interest. “People never cease to amazeme,” he said.

“Washburn University School of Law provided a strong foundation for my legal pursuits,” Judge Waller noted. Prior to becoming a judge,he practiced with the Wichita law firm of G. Edmond Hayes; was partner in Hayes &Waller, also in Wichita; and was assistant dis-trict attorney in Wichita from 1975 until 1993.

“I would encourage prospective students tochoose Washburn because it provides a highquality legal education at an affordable price.The School has long enjoyed a reputation ofproviding its graduates with a good practicaleducation,” Judge Waller said.

And, he offers words of wisdom, gleaned frompersonal experience, to students and up-and-coming young lawyers: “Always strive for thebest. Life will inevitably throw stumblingblocks in your path, but none that can't beovercome.”

The Washburn Lawyer

The HonorableSherman A. Parks '55Sherman Parks 1924-1996,served as a judge on the KansasState Court of Appeals from

1977 until his retirement in 1987. He was thefirst African-American appellate judge inKansas and the highest ranking African-American judicial officer in the state.

Judge Parks' distinguished law career includedterms as assistant county attorney for ShawneeCounty and in Kansas state government as assistant to the attorney general assigned to the Alcohol Beverage Control Division, assis-tant attorney general, and chief counsel for the secretary of state's office.

Long interested in education, Judge Parks was a member and chairman of the WashburnUniversity Board of Regents. He was anadjunct assistant professor on the WashburnUniversity School of Law faculty and a memberof the Board of Governors of the WashburnLaw School Association. He received theWashburn Alumni Association DistinguishedService Award in 1987 and an HonoraryDoctor of Laws degree from Washburn Law in 1990.

The HonorableDale E. Saffels '49Dale Saffels was a judge of the U.S. DistrictCourt, District of Kansas, from 1979 and con-tinued to hear cases as a Senior Judge until hisdeath in November 2002. Speaking at hismemorial service, Michael Hegarty, one of hisformer law clerks and a long-time friend,recalled four of Judge Saffels finest traits:Christian faith, love of family, friendship, andfidelity to his oath.

Judge Saffels’ career was one marked by publicservice. As a young man during World War II,he was a major in the U.S. Army Signal Corpsbefore completing his education at EmporiaState University and Washburn UniversitySchool of Law. Upon graduation, he enteredprivate practice in Garden City in 1949 and twoyears later was elected county attorney ofFinney County, Kansas, a position he held forfour years. For the next eight years, he servedin the Kansas House of Representatives, the lasttwo years as minority leader before winning theDemocrat Party’s nomination for Governor in1962. He was a member of the KansasCorporation Commission from 1967-1975, serv-ing as chairman from 1968-1975. He was in pri-vate practice in Wichita when President JimmyCarter nominated him to the federal bench in1979.

Judge Saffels' fidelity to his oath was wellknown. “Not only did Judge Saffels believe thatthe law should be administered impartially, butalso that it must be done expeditiously. If ever aperson lived by the motto that justice delayed isjustice denied, it was Judge Saffels,” Mr. Hegartysaid. “He always carried a big case load. Evenafter he became a senior judge (in 1990), whichmeant he could reduce his case load if he want-ed, he kept the same busy docket as an activejudge. He had an outstanding work ethic.”

Judge Saffels served from 1974-1975 and 1977to 1982 on the Washburn Law SchoolAssociation Board of Governors. He was award-ed the first annual alumnus of the year award bythe students of Washburn Law School in 1983and received the Distinguished Service Awardfrom the Washburn Law School Association in1987.

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homage to...

Spring/ Summer 2003

The following are several deceased alumni whohave been members of the judiciary. Many otherswho also have served in the judiciary are included

in the feature article on page 4 and in the InMemoriam section on page 46. Others have beenhighlighted and mentioned in previous magazines.

We regret due to space constraints, we are not ableto mention all who have passed.

The HonorableGeorge Templar '27George Templar 1901-1988, a Republican, was nominatedto be United States District

Judge for the District of Kansas in 1962 byPresident John F. Kennedy, a Democrat. Heserved until taking senior status in 1974. Helater served as a district judge in Kansas and inother districts needing judicial assistance and byassignment on the Court of Appeals in the 7th,9th, and 10th circuits.

To finance his college and law school educationin the 1920s, Judge Templar worked full time asa motorcycle policeman with the City ofTopeka.

After graduating cum laude from WashburnUniversity School of Law, he returned to hisnative Cowley County, Kansas. He practicedlaw there with only one inter ruption until hisappointment as a federal district judge. Thatinterruption was for brief service as UnitedStates Attorney for the District of Kansas, aposition he resigned to run for the Republicannomination for governor.

Although his bid for governor was unsuccessful,Judge Templar served terms in the Kansas Houseof Representatives and Senate.

He was a member of the Board of Governors ofWashburn University School of Law, receivedan Honorary Doctor of Laws from the Schooland received the Distinguished Service Awardfrom the Washburn Law School Association.Other honors included Fellowship in theInternational Academy of Trial Lawyers, anAward of Merit from Southwestern College, theMedal of Honor from the National Society ofthe Daughters of the American Revolution, andthe Award of Merit from the Association ofTrial Lawyers of America.

The HonorableMary R. Schowengerdt '57

Mary Schowengerdt 1930-1990 received her lawdegree cum laude from Washburn UniversitySchool of Law in 1957. She engaged in thegeneral practice of law in Topeka from 1957 to1974, becoming a partner in Irwin, Irwin andSchowengerdt in 1966. She was legislativecounsel from 1965-1976 before becoming anassociate district judge, probate division for thethird judicial district, Shawnee County, Kansas.

Judge Schowengerdt was a member of theWashburn Law School Association Board ofGovernors from 1974-75 and 1977-83, servingas vice-president, president elect and president.She also was a member of Board of Trustees,United Campus Ministry at Washburn from1958-1965; she was president in 1964. JudgeSchowengerdt was recognized by WashburnUniversity as the 1980 Monroe Award recipient.

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❝We must foreverrealize that the time is always

ripe to do right.❞

-Nelson Mandela

The Washburn Lawyer