May 2022 Bar-o-Meter : simplebooklet.com

Bar-o-Meter HON. GWYNNE E. BIRZERMONIQUE CENTENOBACH HANGSCOTT HILLROBERT MOODYRACHEL WETTAW i c h i t a B a r A s s o c i a t i o nPRESIDENT: MONTE VINESPRESIDENT ELECT: AARON BREITENBACHVICE PRESIDENT: CHRISTY CAMPBELLSECRETARY TREASURER: KRISTEN WHEELER Bar-o-Meter Committee & Writing StaffAMANDA MARINO, CO-CHAIR AND CO-EDITORMARCIA WOOD, CO-CHAIR AND CO-EDITORMICHAEL ANDRUSAKCHRISTY CAMPBELLKRYSTLE DALKEJESSICA DEVADERJACK FOCHTMATTHEW GORNEYMEL GREGORY CARLA HANDCHRISTINA HANSENTYLER HEFFRONCHASITY HELMJENNIFER HILLSCOTT HILLHON. KELLIE E. HOGANLAURA ICEDAVID JOHNSONMARTY KEENANJ. MATTHEW LEAVITTJENNIFER MAGANASARAH NEWELLAMBER NORRISREED RIPLEYJASON ROACHJOE SEIWERTMEGAN TOWNSLEYJEFFREY A. WILSONWichita Bar AssociationBoard of GovernorsOfficersEXECUTIVE DIRECTOR: VIRDENA GILKEYBar-o-Meter (ISSN 0893-6056) is published monthly by the Wichita Bar Association, 225 N. Market, Suite 200,Wichita, KS 67202-2023. (316) 263-2251. Inquiries should be sent to 225 N. Market, Suite 200, Wichita, KS67202-2023.Non-member subscription rate is $25.Periodicals Postage Paid at Wichita, KSPOSTMASTER Send address changes to Bar-o-Meter, 225 N. Market, Suite 200, Wichita, KS 67202-2023©2022From the President .................................................................................................................................................................2-3Criminal Jury Summary .............................................................................................................................................................12Civil Verdict Summary ...............................................................................................................................................................13Hearsay ...............................................................................................................................................................................15-16WBA Events Calendar ..............................................................................................................................................................17Classified Advertising ..............................................................................................................................................................18Lawyers League Softball to Return May 31st ..........................................................................................................................3Well-Being Week in Law - May 2-6, 2022 .................................................................................................................................32022 WBA Award Recipients ..................................................................................................................................................4-6One Lawyer's Law Day Reflections............................................................................................................................................7YLS Hosts Spring Event .............................................................................................................................................................7COVID + 2 Years = Perspective .............................................................................................................................................9-10Law Day 2022 - Thank You to the Speakers and Committee Members .................................................................................11April Social Event at Chicken N Pickle ...................................................................................................................................11Inside the May Bar-o-Meter:Inside Every Issue:BAR-O-METER - MAY 2022PAGE 2

Page 3

June 30 is coming. So, ‘tis the season forContinuing Legal Education. The CLE landscape looks very different than itdid years ago. There are more providers, moredelivery options, evolving rules, and there isbetter technology. But we still need to belearning the law and the practice of law. Andwe still have the annual 12-hour requirement. The WBA recognized the importance of CLEearly on, and we developed a robust programof CLE to offer our members. We have providedseminars across a wide range of practice areas,as well as ethics, practice management, anddiversity. But with so many more providers andoptions, should the WBA continue to make CLEan important part of our association? Our recent strategic planning identified CLE asone of the areas we need to focus on, todetermine the role the WBA should have in thecurrent CLE world. The Board of Governorsrecently held a special meeting to focus on thistopic. We determined that the WBA definitelyshould continue to make CLE an important partof what we do as an association. We will beexploring ways to make our CLE offerings notonly relevant and practical, but also deliveredin ways that fit with current times and currenttechnologies. Our thinking started with a recognition thatWBA CLE has been an important way that wehave delivered two of our basic purposes as anassociation. First, it helps us be the bestlawyers and law firms we can be, as aconsistent source of programming to keep usup on the law and the practice of law. Second,because we usually use our own members aspresenters, it helps us get to know each otherand network about our various areas ofpractice. And our in-person seminars alsoprovide opportunities for interaction betweenthose in attendance.F R O M T H E P R E S I D E N TF R O M T H E P R E S I D E N TM o n t e V i n e sCLE Season at the WBA We also considered how our CLE programmingaffects the finances of our association. TheWBA has typically generated substantialrevenue from our CLE programming. We havebeen able to do that largely because many ofour members have volunteered their time andexpertise in presenting strong programs, and inserving on our CLE Committee to organize ouroverall CLE programming. And, of course, allthat has been supported by WBA staff. Theresulting CLE revenue has allowed us to keepour annual membership fee at a moderatelevel. We want our association to be comprisedof the vast majority of local lawyers, so we wantour membership fee to be an amount everylocal lawyer can afford. While CLE revenuehelps fund the overall operations of the WBA,and that is certainly important, it is ofsecondary importance to the primary purposeof helping us be the best lawyers and law firmswe can be. Over the years, CLE providers have been usingnew technology to deliver programming inmore convenient ways and to broaderaudiences. COVID created a necessity forremote delivery of CLE for a while, and the WBAdid a quick pivot to enable us to do that. It wasa remarkable effort, under very challengingcircumstances, to make that happen. Weinvested in equipment and technology to beable to do that, and I was impressed at theengaging and high-quality seminars we wereable to present through that medium in such ashort time. Now that in-person gatherings arehappening again, we have returned to our in-person seminars to a large extent. But we havebeen offering remote attendance options forsome of our seminars. So, whether as a matterof safety or just convenience, we now have aremote attendance option much of the time. We now are obtaining the technology to allowus to present pre-recorded seminars on an on-demand basis. This will allow us to benefit fromBAR-O-METER - MAY 2022PAGE 3

Page 4

Well-Being Week in Law - May 2-6, 2022By: Danielle M. Hall Danielle M. Hall, Executive Director at Kansas Lawyers Assistance Program, has announced that the Kansas Task Force will be participating in Well-Being Week in Law. To align with Mental Health Awareness Month in May, Well-Being Week in Law (WWIL) will occur annually the first full week of May. In 2022, WWIL will be May 2-6. You are invited to coordinate or participate in local activities, whether you’re an individual, law firm, corporate legal department, government entity, bar association, law school, or other organization or consultant involved in the legal profession. To learn more about Well-Being week, please visit: https://kslawyerwellbeing.com/well-being-week-in-law/programs that we weren’t able to attend live, or to have access on our own schedule to programs that are presented just for an on-demand audience. I’m excited to see how this new aspect of our CLE programming develops. I think it has great potential to help the WBA remain an important source of CLE seminars in the changing CLE world. Finally, with many options for CLE providers, I want to make a pitch for use of WBA CLE programming. While I have participated in seminars from a variety of providers over the years, I have used WBA seminars for most of my CLE. I have enjoyed getting to know my fellow WBA members who presented those seminars and to get to see their expertise. And I’ve taken the opportunity to be a presenter as well. I have found our local seminars to be of generally high quality, and often significantly better than some other options. I’ve also felt good about spending my CLE dollars with the WBA. I want to support our association. I’m reminded that Lee Woodard chaired our CLE Committee for a while years ago. So, he would often make the announcements of upcoming seminars at our monthly Bar meetings. He made a practice of encouraging us to spend our CLE dollars on WBA seminars. Lee was one of the most dedicated members we have had, and he was tireless in devoting his energy and expertise to the WBA. I’ll end this column with a tip of the hat to Lee, and use his phrase to remind everyone to "Buy WBA!" Editors’ note: Tune in to the June issue for The WBA Remembers Lee Woodard, and if you have any memories about Lee you would like to share, please send them to mawood@martinpringle.com.Lawyers League Softball to ReturnMay 31st!By: Aaron Breitenbach Lawyer League Softball returns to the wide-open spaces of Coleman Middle School on Tuesday nights this summer at 6:30 pm. The first games are scheduled for May 31st. If you are interested in forming a team or are in search of a team to play with, feel free to contact Aaron Breitenbach or the Commissioner-in-Training, Ryan Meyer.BAR-O-METER - MAY 2022PAGE 4

Page 5

ichita Bar Association 2022Award Recipients The Howard C. Kline Distinguished Service Awardrecognizes members who, through the years of theirpractice, have exemplified integrity, professionalism, andservice to the bar. The recipient is one whoseaccomplishments have brought credit and recognition tothe profession and who has demonstrated exemplaryethical standards and high personal values.The Lifetime Achievement Award is given for sustainedsuperior performance that recognizably sets the recipientapart from peers. The recipient is one whoseaccomplishments have brought credit and recognition tothe profession and who has demonstrated exemplaryethical standards and high personal values.Jay F. Fowler, a Kansas native,born in Iola and raised inParsons, Jay Fowler came toWichita in 1980 aftergraduating from EmporiaState University and theUniversity of Kansas School ofLaw. Not one to wanderabout, he has practiced at Foulston Siefkin LLP ever since. Focusing on trialpractice, Jay has had a rich and varied careercovering all kinds of civil litigation and trial work. Hehas tried more than 200 jury cases and handledmany high-profile cases involving commercialdisputes, intellectual property, governmentalregulation, injunctions, insurance, and employmentmatters. Jay has been recognized for his trial work,being elected a Fellow of the American College ofTrial Lawyers (ACTL) in 2000 and a Fellow of theInternational Academy of Trial Lawyer in 2015. Jay is deeply committed to the legal profession. Hehas served as a committee chair for multiple WBAcommittees, served on the Board of Governors of theWBA, and was President of the WBA for 2011-2012.Jay has served as State Chair for ACTL and has beenan active member of many bar groups, including Innof Court. For eight years, Jay served as an electedmember of the Kansas Supreme Court NominatingCommission and has also served on the WichitaMunicipal Court Nominating Commission. Community service is also important to Jay. He haschaired the Wichita Citizen Police Review Board forthe past four years. He is a trustee and an officer ofthe Wichita-Sedgwick County Historical Museum. Hehas previously served as president of both Deaf &Hard of Hearing Services, Inc., and U.S.D. 259’sSpecial Education Advisory Council. Jay has been married to his wife Barb for 39 years.Their son Michael is a lawyer for Delta Dental ofKansas in Wichita. Their daughter Kelsey is a setdecorator in Los Angeles.The Honorable Kenneth G.Gale was born at FortHuachuca, Arizona, and raisedin Arizona and New Mexico. Heobtained his bachelor’s degreefrom Loyola University of NewOrleans, and his law degreefrom Washburn University. Hewas a member of the Loyola Faculty Senate and the Board of Editors of theWashburn Law Journal. Following law school, Ken served four years onactive duty with the U.S. Army as an appellatedefense attorney in the Washington D.C. area. In1984, after completing his active servicecommitment, Ken moved to Wichita, his parents’hometown. He practiced with the firms of Matlack &Foote, Focht, Hughey & Calvert, and Adams JonesLaw Firm. His practice included a broad range oflitigation areas, including employment law, civilrights, real estate, criminal defense, businessdisputes, and personal injury. Judge Gale wasappointed United States Magistrate Judge in 2010and was reappointed in 2018. He is an activemember of the Kansas Bar Association, the WichitaBar Association, the Federal Bar Association, and is aMaster in and former President of the Wesley E.Brown American Inn of Court. Ken is a retired Army National Guard Colonel andserved as the Judge Advocate General of the KansasNational Guard from 2001 until his retirement in2008, concluding 31 years of active and reserve-component military service. He served as the Rule ofLaw Officer for Operation Enduring Freedom inAfghanistan in 2005. His military awards include theLegion of Merit and the Bronze Star Medal. An amateur playwright and composer, Ken haswritten four musicals which have been produced inthe Wichita area. His new show Winfield, A BluegrassMusical will be produced in the fall of 2022 bySouthwestern College in conjunction with the WalnutBAR-O-METER - MAY 2022PAGE 5

Page 6

ichita Bar Association 2022Award Recipients Eddie and his wife, Gidget, have three adultchildren. Outside his law practice, Eddie enjoyshoning his cooking skills and is an ordained elder inthe Church of God in Christ.Valley Festival’s 50th Anniversary. He served asmusic director, and later executive producer, of theWichita Bar Show for over twenty years. In his sparetime, he enjoys playing his piano and guitar, andrunning the model railroad in his basement. He hasbeen married to the incomparable Karen Carr Galefor 43 years and is the proud father of Michael Gale(Sarah Gale) and Sarah McQuery (Brian McQuery),and grandfather to three amazing boys, Xander,Calvin and Paul. Chester I. Lewis Diversity Achievement Award is givenin recognition of an individual, law firm, or organization’ssignificant contributions to the advancement of diversityin the legal profession. C. Edward (Eddie) Watson IIis a partner at FoulstonSiefkin LLP with more than30 years’ experience. Hispractice focuses primarilyon governmental affairs andpublic policy law andcommercial real estate. Eddie followed a University of Kansas political science undergraduate degree byearning his juris doctor from Georgetown University.He began his career in Chicago with Jones Day, thenjoined AT&T as a regional government affairs attorneybefore a stint at Freeborn & Peters LLP. The ArkansasCity native returned to Kansas in 2007 to join Foulstonand was elected a partner in 2010. Eddie has been active in the Bar and the community,serving on the WBA’s Real Estate and DiversityCommittee before joining the WBA board in 2016 andbecoming the first African American president in 2020.He currently serves on the 10-member Kansas Boardof Law Examiners and was appointed to the ClientProtection Fund by the Kansas Supreme Court in 2014,chairing the Fund in 2016. In the community, Eddie hasserved on the board of the Kansas African-AmericanMuseum since 2012, and is also a member of theKansas Appleseed board. He has previously been aboard member for the American Red Cross and Make-A-Wish Foundation, as well as a graduate ofLeadership Wichita. At Foulston, Eddie and Foulstonpartner Amy Lemley have co-chaired the firm’sDiversity and Inclusion Committee since 2017. TheWichita Business Journal honored the firm in 2018 forits diversity and inclusion initiatives.BAR-O-METER - MAY 2022PAGE 6

Page 7

The Liberty Bell Award is given by theYoung Lawyers Section in recognition ofan individual’s or organization’soutstanding com-munity service anddedication to the rule of law.Mel and Linda Gregory ichita Bar Association 2022Award Recipients Benson Batt Award is given by the Law-in-Education Committee in the names ofJudge Fred Benson and Beverly Batt, tohonor their years of organizing law-related events for local students. David H. Moses Andria (Andi) J. Elmore The Jonalou Pinnell Distinguished Service Award isgiven for outstanding volunteer services to the Wichita BarAssociation by a non-lawyer. The award recognizes long-standing service or the accomplishment of a single task orservice in any given year.The President's Award is given in recognition of outstanding service in the current year or within the past few years. Itrecognizes the successful accomplishment of a law-related project or service where the recipient’s work substantiallyexceeds that which is normally expected. The recipient also must demonstrate high ethical standards and hold therespect of his/her peers. Christy Campbell Mike Herd Richard Schodorf Keith Edwards Marc Bennett Monique Centeno Bach Hang The Honorable Kevin O’Connor Sara Zafar The WBA Gang Registry Task ForceBAR-O-METER - MAY 2022PAGE 7

Page 8

As we prepare to celebrate Law Day 2022, I wasasked to share my thoughts on the subject of LawDay. As everyone knows, Law Day celebrates the ruleof law; and it is meant to reflect on the role of law inthe foundation of this country. Living in the U.S. onemight take their rights for granted, whether it’s thefirst amendment rights or your right for due process.In a lot of countries this is not really the case. Onpaper these countries may have all the necessarycomponents that allow them to be nations adheringto principles of fairness and law; but it’s the practicalapplication that separates these countries from theUnited States of America. Growing up in Russia, itwas firmly etched in my mind that the government iscorrupt. Everything operates on bribes, and theletter of law can be side-stepped and circumvented ifyou have the connections and the money. In theory,Russia had all the necessary components to be anation that would adhere to the rule of law: citizenscould participate in free and fair elections, protestimportant issues, and expect a fair trial. In practice,Russia instead has a "president" who "wins" everyelection. An individual in Russia may be arrested foran "illegal/unsanctioned gathering" including asingle-person protest if such protest was not pre-approved by the government. Due process has atendency of being selectively implemented, and thegovernment can enact self-serving laws that areuniversally passed and approved by the ruling partywith no checks and balances from other branches ofgovernment. That is why when I first came to the U.S.I was honestly shocked to see that a person's rightsexisted not only on paper but also in practice--thatvotes matter, that a person can peacefully protestwithout fear of being immediately arrested, that youhad a right to a fair trial that wasn’t just for show.You, as a person, mattered, you, as a person, couldbe heard. In part this is why I made a choice to be anattorney in the first place – the ability to assistindividuals in my community to exercise their rightsis important to me. Law Day should be celebratedand acknowledged because laws make this countryfunction the way it does. Without laws that aredesigned to be fair, without fair application of lawsby the government, and without mechanisms thatallow people of this country to challenge these lawsto ensure that they are fair, we would end up inanother "Russia." You don’t hear about Law Day allthat much in the mainstream media, but as attorneyswe should celebrate and popularize it becausepeople that live in this country should not take theirrights for granted. They should be aware of howthese rights came to be and why these rights are soimportant and precious. Happy Law Day. One Lawyer's Law Day ReflectionsBy: Armand Shukaev, City of Wichita Prosecutor's Office The Young Lawyers Section of the Wichita BarAssociation hosted its Family Spring Event at ChickenN Pickle on Saturday, April 2nd. Young lawyers andtheir families were able to eat and drink, socialize,play pickleball, and enjoy the beautiful weather.Special thanks to Hinkle Law Firm for sponsoring thisgreat event. YLS Hosts Spring EventBy: Quentin AkerClaire Melero and Chet Compton's sonRebecca Bergkamp and Ben BighamDiana Stanley, TaraMollhagen, Eric ShepherdGarrison Matthews, DakotaPersinger, Rylee BroylesChet Compton, Riley Reiling, MaggieLyons, and Amanda ComptonBAR-O-METER - MAY 2022PAGE 8

Page 9

Page 10

More than two years into COVID, the pandemic has made a lasting impact on the Wichita bar. We lost two stellarmembers, Ron Williams and Bob Wise, and many other Wichita lawyers have lost loved ones or suffered longer-termhealth impacts. In other ways, the pandemic presented an opportunity to think about practicing law in a new wayand reinforcing connections with those we hold dear at home and far away, and has hopefully given us chances toshow kindness to each other. The Bar-o-Meter has asked some members and our fearless Executive Director Virdena Gilkey for their perspectiveson how COVID has affected the practice of law and our lives:Derek Casey (Partner at Tripplett Woolf & Garretson and WBA technology committee chair, on video-conference-based practice) – I am sick and tired of practicing law in front of a video monitor. I became a triallawyer because I found out that I like to be in the courtroom on motion dockets, evidentiary hearings, trials, andappellate arguments. I am SOOO ready to get back in the courtroom regularly and be a part of the judicial systemagain. Enough. With that said – I have to admit that I haven’t minded some routine hearings or the occasional deposition ofdistant witnesses by remote means. Video conferencing with the Court of Appeals does save five or more hours ofdriving time for me and my clients without diminishing the opportunity to discuss the issues meaningfully with thejudges. I expect we will see these remote procedures continue now that we all have video conferencing capabilities.Candidly, I would not mind continuing these practices so long as we can get back into the courtrooms more oftenthan not. Joni Wilson-Colby (Court Administrator for the 18th Judicial District, on changes to the court) – The 18thJudicial District Court has made several changes within the court system as a result of COVID and the backlog ofcases. The Criminal Division dedicated courtroom for preliminary hearings. Four Pro Tem judges were hiredutilizing ARPA (American Rescue Plan Act) funding to preside over preliminary hearings. After the hearings arecompleted the cases are assigned to a District Court Judge. This new preliminary docket started on November 1,2021 and to date has held 1,200 hearings. As of December 6, 2021, an ARPA funded Pro Tem Family Law judge ismanaging 1/6th of the pending cases to assist the family law backlog. In the coming months we will be utilizingfunding to pay for Alternative Dispute Resolution – Domestic Conciliation services for family law litigants. Due to COVID the court began holding hearings via Zoom and this has proven successful for not only keeping casesmoving but also has been helpful for the residents of Sedgwick County by allowing them to have hearings from aremote location saving them time off from work and travel time to the court. Gary Ayers (Partner at Foulston, on mobilizing a large firm for remote work) – The COVID years are hopefully,but probably not, behind us. They seem somewhat distant now. But at the time, when the phones stopped ringinghere at Foulston, it seemed like all business and lawyering had come to a sudden, permanent halt (except for thehealth and employment lawyers). Along with the rest of the country, we shut down the firm and sent everyonehome that wanted to go home. Our IT department worked 24/7 to get everyone set up at home with laptops,desktops, and monitors to the extent they didn’t have them and needed or wanted them. Those of us not used toworking from home kept coming into the office, in a somewhat post-apocalyptic environment, driving on emptystreets, walking into an empty building. We learned (to the extent we hadn’t yet learned) how to Zoom, MicrosoftTeam, or WebEx client meetings, court hearings, and depositions. (I still haven’t tried screen sharing yet; luckily thecourt reporters/videographers are good at it). Several of us on the health law team came in through the entire shut-down, hitting the drive-throughs for food,eating together in one of our workrooms here at the office. A few others did the same, like Craig West, who needshelp turning on his computer. We were in the middle of a managing partner switch, moving from Kevin Arnel toJason Lacey, who said something like, “Thanks a lot.” Altogether we were probably out about three months. What did we learn? I interviewed Jason because I’m not of an age where I learn much anymore. Jason said we werea lot more flexible and resilient than he would have predicted if you’d said to him earlier, “World-wide pandemic;shut down the firm.” We were able to adapt and continue serving clients. Our employment and health law teamsstarted putting out regular alerts to clients regarding the state and federal regulations that seemed to get churnedout daily. We internally adopted CDC guidelines for mask-wearing, “social distancing” (I still hate that phrase) andstayed on top of the OSHA and CMS emergency regulations regarding vaccination and testing. Some of us turnedout to be vaxxers, others anti-vaxxers, but we made it through without too much angst. Let’s just hope we don’thave to do it again.COVID + 2 Years = PerspectiveBAR-O-METER - MAY 2022PAGE 10

Page 11

Samantha Woods (partner at Martin Pringle, on practicing from a home with small children) Many people more articulate and knowledgeable than me have discussed the impact of the pandemic uponworking parents. I will co-sign a lot of what’s already been said. There were times that it was hard. We were isolated.With a toddler. My husband spent his hours making sure that his 100+ students were coping okay while also tryingto teach them math. With a toddler. I was trying to practice law. With a toddler. But we survived, and at times weeven thrived as a family and in our careers. I know that I changed during that time. For example, if you had told me before that time that I would attend acourt hearing with a child on my lap, I’d never have believed you. But, I’ve now done that more than once. It was agood lesson to me that there are only so many things in my control. It was also a good lesson to me that the peopleI practice with—or against—or in front of—are also people. Less than six months ago I attended another virtualhearing with a baby in tow (different baby than the aforementioned toddler). I did all the things that I had learnedas a stay-at-home lawyer-mom. Baby was fed. Baby was changed. Baby was happy. When the hearing began, Iadvised the Court that I had a very inexperienced co-counsel who might not cooperate, but that I’d done what Icould to set us up for success. The judge reminded me that he has children too. He’s been there. I didn’t have towarn opposing counsel about the situation when he got to the hearing because the Court did that for me, with asmile and a quip "counsel has advised her client to remain silent, it remains to be seen if he will take her advice." Iimmediately felt more comfortable. I felt seen as the whole person that I am. I did not feel less able to do my job,and I did not feel as though I was being unprofessional. The situation couldn’t be avoided, so we were all doing ourbest to do our jobs and be good to one another. That is just one experience, but I’ve had similar experiences with other lawyers and judges. People who didn’t needto, but went out of their way to empathize with the situation I (and so many others) was in. Their comments andtheir thoughtfulness mattered. In fact, it made all the difference. It made an impossible situation possible. It tookaway my fear of being judged and allowed me to be my best in two jobs that had not formally been seen ascompatible. It reminded me that, even though we’re often adverse, we are lucky to practice in our one-of-a-kind bar.Virdena Gilkey (WBA Executive Director, on tackling a new job during the pandemic) – As I reflect on the impact of COVID-19, I must admit that I took a bold career move in May 2020. After 25 years andthree months employed with the City of Wichita, I became the new Executive Director of the Wichita Bar Association.With my Human Resources and executive background and being on the frontline of the COVID response before thecareer switch, I was keenly aware that my place of employment wasn't the only change I had to address. I needed torethink how to effectively conduct business while this pandemic was raging and causing isolation, fear, and death inso many families. It was critical to introduce myself through technology, train with the outgoing ED over thetelephone, and effectively bond with staff, several boards, and committee members. In addition, be creative inmaintaining internal and external communication for the membership, creating virtual meetings and educationalalternatives, hiring new employees, and providing in-person events where the members felt safe with new CDCguidelines. I admit it was challenging and overwhelming most days. The most challenging part was reframing theleadership and membership mindset, who wanted the organization to remain familiar, and moving to online-onlywas the primary option. Almost two years later, two presidents later (nearly the third), and after a lot of collaboration, I believe, as anorganization, we are better. We have learned that virtual, hybrid, and in-person can exist together, and ourconnection remains strong. We have met the challenges of this pandemic together, and we are yet evolving andmaneuvering through unchartered waters. As the Executive Director, the one thing that gives me hope is that wecontinue to embrace change, even though our frustrations and desire for the new normal give us pause. Our sharedexperiences have taught us that we can find a way to be better, be innovative, and maintain history. BAR-O-METER - MAY 2022PAGE 11

Page 12

Stanley AndeelDeena BaileyKelly BielfieldHon. Gwynne BirzerAaron BreitenbachBrian CarmanDerek CaseyMonique CentenoHon. Eric CommerRobert CornettJeff DeGraffenreidHolly DyerLance GillettChristina HansenRebecca HenrySusan HumphriesMary (Mindy) McPheetersAmber NorrisHon. Kevin O'ConnorKatherine RodriguezHon. Tyler RoushMonte VinesPatricia Voth BlankenshipJustin WaggonerJames WardKathy WebbKristen WheelerSara ZafarThank you!!Thank you!!The Wichita Bar Association and Law in EducationCommittee thanks and recognizes all the committeemembers for their assistance and coordination arrangingfor speakers in classrooms in observance of Law Day and tothe speakers who participated in fulfilling the Law Dayrequests this year. We appreciate you!Law Day 2022Thank You to the Speakers and Committee MembersThe WBA’s April monthly meeting was a happy hour socialevent at Chicken N Pickle. Due to wind gusts over 50 miles perhour, the event was moved inside. Many members showed upand watched half of Wichita blow by. Maybe next year we’llactually be able to play some patio games!April Social Event at Chicken N PickleHon. Kenneth Gale and Michael WhalenJoni Franklin, Peter Qiu,Aaron BreitenbachChristy Campbell and her sonMaggie Disilvestro, Maggies son and Karen GaleHon. Mark Vining and Monte VinesCriminal Jury SummaryBAR-O-METER - MAY 2022PAGE 12

Page 13

Page 14

Civil Verdict Summary Case: Myles Hutchinson v. Dillon Companies LLC, 19 CV 2282Plaintiff’s Claims: Slip and Fall on snow and ice. Plaintiff and his family went to Dillon’s to refuel. Wichita had a verysevere winter storm during the night and early that morning, but there was a factual dispute as to whether the stormhad stopped. There was visible snow all over the lot and fuel pump area, but it is disputed that any ice was visible nearthe fuel pumps. The kiosk employee had put down ice melt around each fuel pump island, but not over the car tracksand areas where cars drive in and stop to refuel. Plaintiff slipped on ice on a tire track while walking to the service kiosk,fell and hit his head. The jury saw a complete security camera video of the fall.Plaintiff was taken to the ER and was diagnosed with concussion and Traumatic Brain Injury. Since the accident, Plaintiffhas very limited tolerance for loud or sudden noises, crowds, and similar problematic stimulation, resulting in theconstant need for ear plugs. Plaintiff has a changed personality (more anger and irritability) and suffers more frequentlyfrom headaches and depression than previously. Plaintiff takes (and will have to continue taking) medication to helpcontrol some of these issues. Plaintiff now works in a higher-paying job than previously, but he cannot work all theovertime that his employer wants, due to various injury-related issues. Because of allegedly continuing weather conditions, Dillons denied any negligence, and compared fault, alleging plaintiffknew there was snow and ice on the ground because, allegedly, it was very obvious. Dillons also alleged aggravation ofpre-existing condition.Claims at closing: Plaintiff claimed damages as follows: Post-medical $18,282; Future medical $142,698; Futureeconomic $57,750-$173,250; To-date non-economic $200,000; future non-economic $500,000.Judge: William S. WoolleyAttorneys: (P) Craig Shultz; (D) Tad DowerLength of Trial: 3 days.Verdict: Each party was 50% at fault.BAR-O-METER - MAY 2022PAGE 14

Page 15

Page 16

Whitney Hobson'sdaughter RylieCondolences go out to...HearsayThe WBA recently lost another legendary lawyer and ourthoughts and prayers go out to the family members,colleagues, and friends of Richard "Dick" Foote(Attorney at Law) who passed on March 22, 2022.Condolences also go out to the Honorable David Ricke(Butler County District Court Judge) on the passing of hiswife Sheila on April 2, 2022.Congratulations are in order...Linda Parks (Hite Fanning) eloped and tied the knot withSteve Mattingly. Jerry Hawkins (Hite Fanning) masteredthe game Wordle. Benjamin Winters (Patterson LegalGroup) was a cast member in the production of TornadoAlley put on by Exploration Place and the Mid-AmericaArts Alliance. Ashley Davis, Candice Farha, and SylviaPenner (all of Penner Lowe Law) received a shout out inthe Wichita Business Journal for Women’s History Month.Becky Mann (Young Bogle) and Richard Samaniego(Gibson Watson Marino) welcomed their seconddaughter, Winslow Ellena, into the world on April 6, 2022.Whitney Hobson (Donnelly-Mills and Hobson) andhusband Brent also welcomed a daughter, Rylie Annette,to their home on April 8th. The KU School of Lawawarded their Distinguished Alumni Award to theHonorable Robert Nugent. Jessica Leavitt (StinsonLasswell) has recently became a partner at Stinson,Lasswell & Wilson, L.C.b y G a b b y T a t t l e rJerry HawkinsBecky Mann, new daughterWinslow Ellena Samaniego withproud sister JulietteLinda Parks and Steve MattinglyWBA members getting together...the red carpet at the Tallgrass Film Center’s Oscar party. Martin Pringle celebrated women during Women’s HistoryMonth by filling "bump bags" full of goodies to pamper thesoon-to-be mamas at A Better Choice and Embrace. TheHonorable Kellie E. Hogan, Shannon Kelly (Kelly Law),Jennifer Goheen (Hite Fanning), Candice Farha (PennerLowe) and Tony Potter (Potter Law) put together a socialfor the new family law attorneys and have planned asecond one. Opening weekend for the Wichita Wind Surgevs Tulsa Drillers was April 8th and the Hinkle Law Firmhosted a bevy of attorneys on the Coors Light Party Deck (alittle chilly/windy). Attorneys seen were Dave Rapp,Melissa Moodie, Mark Maloney, Steve Smith, Blair Bohm,Jay Skolaut, Kalya Stavinoha, Mike Herd, Scott Pohl,Philip Davidson (all of Hinkle Law), Scott Schneider(Schneider Law Firm), Matt Flesher (Textron), AmberNorris (Butler County Attorney’s Office), and Amy Decker(Newell Brands Inc). A number of WBA members werespotted at the Crown Uptown Theater April 1-3, as TheKansas African American Museum presented Canaan – aplay written by Micha Ariel Watson. If that last name looksfamiliar, that’s because the amazing young playwright is thedaughter of none other than WBA past president EdWatson (Foulston). Ed, Michelle Moe Witte (Martin Pringle)and Virdena Gilkey (WBA Executive Director) all served onTKAAM’s steering committee for the production. Jeff DeGraffenreid and wife KellyDon and Linda PetersonHolly Dyer and Gary OwensJessica and Clint SuhrHon. Robert NugentAmanda Marino and Marisol GarciaWBA members trekked down to the big easy for Final FourBasketball. Those in attendance were Jeff Kennedy (MartinPringle), Jessica Suhr (Ward Law), Don Peterson (Graybill &Hazlewood), and Linda Peterson (Conlee, Schmidt). Thosewho opted to stay closer to home watched the Women’sNCAA Elite 8 games here in doo dah. WBA members inattendance included Hon. Kellie E. Hogan, Michelle MoeWitte (Martin Pringle), Jeff Kennedy (Martin Pringle),Deena Hyson Bailey (Cargill), Rick Bailey (Conlee Schmidt),Joni Franklin (Franklin Law) and Aaron Breitenbach(District Attorney’s Office). Holly Dyer, Jeff DeGraffenreid,Shannon Wead (all of Foulston Siefkin), and Gary Owens(Death Penalty Defense Unit) got all dolled up and walked Mark Jordan (Distric t Att o rney’s Office) attended theWichita Cr ime C o mmissio n Awar ds ce r emony. Th efollowin g firms and WBA members we re tabl e sponsorsfor th e On My Hono r Brea k fast f u ndraise r for theQuivira Council, Boy Scout s of A merica: FoulstonSiefkin, McDonald Tink er, Jef f DeGra ffenreid(Foulsto n ) and Chris S teincamp (Depew Gillen). Also inattendan c e were St a cy Orteg a, Jennifer Hill, andDallas Rakest raw (all of McDonald T inker). K ellyRundell ( H ite Fann i ng) was a s peaker a t the Kans a sRural Water Assoc i ation’s conv e ntion. A number of WBAmembers were spotte d at the Crown Uptown Theate rApril 1- 3 , as The Kansas A frican A merican M useum p r e-WBA members giving back...Jessica LeavittBAR-O-METER - MAY 2022PAGE 16

Page 17

Traveling attorneys...William TownsleyLawyers Pulling StringsStacy Ortega, Jennifer Hilland Dallas RakestrawJoni Franklin (Franklin Law) and Aaron Breitenbach (DistrictAttorney’s Office) reached new heights during their spring breaktrip to Colorado Springs. Tim Moore (Moore Law) was seeneating a squid sandwich in Madrid, Spain. Michelle Moe Witte(Martin Pringle) and husband Paul took in the lights of New YorkCity. Alice Knetsch Osburn (District Attorney’s Office) and SteveOsburn (Law Offices of Osburn and Mueller) ventured to Iceland.Amanda Marino (Martin Pringle) and Andrew Marino, ShannonHolmberg and families (Gibson Watson Marino) went skiing inColorado. Roger McClellan (Wildcat Construction) and wifeKristie opted for a warmer climate in Jamaica. Darin Beck(Attorney at Law) and wife Sandra set sail on a cruise out of NewOrleans, Louisiana. Right behind them out of New Orleans wasSuzanne Dwyer (Attorney at Law) and husband Paul. MikeWhalen (Law Offices of Michael P. Whalen) caught up with oldfriends in Braintree, Massachusetts. Sara Zafar (Franklin Law)celebrated a Jayhawk victory on Mass Street in Lawrence, Kansas. Mark and Kelly Jordan Kelly RundellC. Edward Watsonand wife GidgetDarin Beck and wife SandraSara Zafar andhusband Josh DutcherMichelle Moe Witteand husband PaulJoni Franklin andAaron BreitenbachAmanda and Andrew MarinoRoger McClellan and wife Kristisented Canaan – a play wr i tten by M icah Ar iel Wa tson. Ifthat las t n ame looks fam i liar, th at’s bec a use the amazingyoung playwrig h t is th e da ughter of none other than WB Apast president Ed Wa tson (Foulston). Ed, Michelle MoeWitte (Martin Pr ingle), and Vi r dena Gilkey (W B AExecutiv e Di rector) all se r ved on TKAAM’s st e eringcommitte e f o r t he pr oduction . La wyers Pulling Strings gottogether and play ed f o r t h e G i rl Sc outs Annual Le adershipSociety luncheo n. Gi r l Sco u t eve n t als o att e nded b y:Samantha Woods, As h lyn Linds k og, Mariso l Garcia, an dMichelle Moe Wi t te (Mar t in Prin g le) Al so in a t tendanc ewere Sa r a Zafar ( Frankli n Law), G loria F l entje ( A ttorneyat Law), Diana Stan l ey (Depe w Gillen) , and Kri s tenWheeler ( Board of Tax Appea l s. Willi am T o wnsley(Fleeson Gooin g ) del i vered the a ddress to t h e new citiz e nsat the Na turaliza t ion Ceremony on April 8th. Lawyer sPulling S trings (Quent i n Aker, Jerry Hawkins, PaulMcCausla nd, Kari Sch m idt, and K athy We b b) asse m bledto pr ovide mus i c fo r the Naturalizati o n Ce r emony whe r eapproxim a tely 175 new ci t izens were sw o rn in. Honor ableKenneth G . Gale r uled on t he moti o n for th e new cit izens.On the move and changes...Michael Andrusak has taken a position as Senior TrustOfficer/In-House Counsel/Assistant Vice President of GrantCounty Bank; Adrienn Clark has joined Stinson, Lasswell &Wilson; Rebecca Hesse is now with Kansas Legal Services;Nathaniel Johnson is now at the City of Wichita, CityAttorney’s Office; Sandra Lessor is now with the HarveyCounty Attorney’s Office; Patterson Legal Group has openedup an additional location at 6800 W. Kellogg Drive. MeganTownsley is now at Fleeson, Gooing, Coulson & Kitch. DanielP. Martin is now with the Sumner County Attorney's Office.Welcome new student member...Caley Brand, Washburn University of Law School student.Canaan group picMicah Ariel Watson andMichelle Moe WitteJuliette Pearls LeadershipSociety LuncheonBAR-O-METER - MAY 2022PAGE 17

Page 18

MAY 2022JUNE 2022WBA Events CalendarAll committees meet at the WBA at Noon unless otherwise noted.M/2 Medical-Legal Committee Meeting T/3 Estate Planning & Probate Committee Meeting (Cancelled)Professional Diversity Committee Meeting via ZoomService to the Bar Committee Meeting via ZoomW/4 Civil Practice Committee Meeting (Cancelled)Lawyers Assistance Committee Meeting via ZoomTh/5 Bar-o-Meter Committee MeetingF/6 Criminal Law CLE Seminar (4.0 hours, including 1.0hours ethics) Hybrid option available.M/9Bar Show Committee Meeting via ZoomLegislative Committee MeetingTechnology Committee Meeting T/10 Annual Law Day & Awards Luncheon 11:45 a.m. to 1:00 p.m. at Botanica GardensW/11 Family Law Committee Meeting via Zoom 4:30 – 5:30 p.m.Th/12 Bankruptcy Committee MeetingExecutive Committee Meeting via ZoomYoung Lawyers Section Meeting (TBD)F/13 ONLINE CLE - Family Law 2022/ 8.0 Hours of CLE credit,including 1.0 hour of Ethics Inn of Court Executive Committee MeetingM/16 Membership Committee MeetingW/18 Fee Dispute Committee MeetingMentoring Committee MeetingTh/19 Board of Governors MeetingEthics Committee Meeting at 3:00 p.m.F/20CLE Real Estate Barnstorm 2022Session 1 - 8:00 a.m. - 12:00 p.m. Session 2 - 1:00 - 5:00 p.m.W/1 Civil Practice Committee MeetingLawyers Assistance Committee Meeting 4:00 – 5:00 p.m. Th/2 Bar-o-Meter Committee Meeting F/3CLE Real Estate Barnstorm 2022Session 1 - 8:00 a.m. - 12:00 p.m. Session 2 - 1:00 - 5:00 p.m.M/6 Medical-Legal Committee Meeting Real Estate & Business Law Committee Meeting T/7 Estate Planning & Probate Committee MeetingProfessional Diversity Committee MeetingService to the Bar Committee MeetingW/8 Family Law Committee Meeting via Zoom 4:30 – 5:30 p.m.Th/9 Bankruptcy Committee MeetingExecutive Committee Meeting via ZoomYoung Lawyers Section Meeting (TBD)F/10 Inn of Court Executive Committee MeetingM/13 2022-2023 WBA MEMBERSHIP RENEWAL BEGINS W/15 Fee Dispute Committee MeetingMentoring Committee MeetingTh/16 Board of Governors Meeting (Joint)Ethics Committee Meeting at 3:00 p.m.M/23 Legislative Committee MeetingT/24 Continuing Legal Education Committee MeetingW/25 Criminal Practice Committee MeetingTh/26 Juvenile Law Committee MeetingBAR-O-METER - MAY 2022PAGE 18

Page 19

REFERRALS ACCEPTEDOFFICE SPACEClassified AdvertisingJOB OPPORTUNITYNeed an Estate Administrator? I have a legal and accounting background and experience. Call Sara Dwyer 316/250-1501.Monnat & Spurrier, Chartered - Criminal Defense Trial Lawyer - Interested in working at a firm that handles many high-profile criminal jury trials? Monnat & Spurrier, Chartered is seeking an associate attorney who will be involved in the frequent preparation and trial of criminal cases throughout the state and elsewhere. Salary is commensurate with trial experience and abilities ($90,000 to $125,000). Apply by sending resume to dan.monnat@monnat.com.The City of Wichita’s Law Department is accepting applications for a Municipal Court Prosecutor. Position is responsible for prosecution of violations of municipal ordinances. Graduation from law school and admission to Kansas Bar required. Applications may be submitted at: www.wichita.gov Salary Range: $50,531-$89,845 EOE.The Kansas Corporation Commission (KCC) is accepting applications for an unclassified Chief Litigation Counsel position located in Topeka, Kansas. The salary range is$90,000 - $125,000 DOE with excellent benefits. Complete job posting and application instructions may be found online at: Job ID: 203722.The Kansas Corporation Commission (KCC) is accepting applications for an unclassified Assistant General Counsel position located in Topeka, Kansas. The salary range is$65,000 - $75,000 DOE with excellent benefits. Complete job posting and application instructions may be found online at: Job ID 200647 THE LAW OFFICE OF SEAN M. DWYER handles all types ofemployment litigation for plaintiffs and defendants, includingdiscrimination, sexual harassment, wrongful terminationmatters, and federal employee civil service or discriminationclaims. Please call 316/689-4268.SANTO LAW OFFICE, P.A. handles copyrights, trademarks,trade secrets, business/corporate law, and civil litigation.Please call 316/689-4245 or visit www.santolaw.com for moreinformation. Convenient east side location.SHARED OFFICE SPACE AVAILABLE at 2121 W. Maple; use ofcopy machine, internet and conference room. Davis & Jack,L.L.C. Contact Kenneth Jack at 316/945-8521.OFFICE SPACE AVAILABLE at the Sedgwick County LawCenter, 225 N. Market, Suite 300, 2985 SF (7 offices, openwork area, break room, storage area, conference room, andreception area). Contact: Marty Moody, JP Weigand, at 316-292-3942 or email: mmoody@weigand.com.SHARED OFFICE SPACE AVAILABLE for rent for one to fourlawyers in the Farm Credit Bank Building, 245 N. Waco. ClassA space overlooking the river. Includes shared receptionist,conference rooms, and breakroom. Building amenitiesinclude restaurant and gym with locker rooms. Includescovered parking in parking garage across the street. ContactLinda Henn at Woodard, Hernandez, Roth & Day, L.L.C. formore information. 316-263-4958 or lindah@woodard-law.com.BAR-O-METER - MAY 2022PAGE 19

May 2022 Bar-o-Meter

Page 1

Page 2