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Bar o Meter W i c hi t a B a r A s so c i a t i on Officers Bar o Meter Committee Writing Staff PRESIDENT C EDWARD WATSON II PRESIDENT ELECT MONTE VINES VICE PRESIDENT AARON BREITENBACH SECRETARY TREASURER CHRISTY CAMPBELL HON JAMES FLEETWOOD CO CHAIR AND CO EDITOR KARL HESSE CO CHAIR AND CO EDITOR Wichita Bar Association EXECUTIVE DIRECTOR VIRDENA GILKEY Board of Governors JUDGE MONIQUE CENTENO TIMOTHY FINNERTY BACH HANG SCOTT HILL MICHAEL ANDRUSAK LAURA ICE KRYSTLE DALKE JACK FOCHT DAVID JOHNSON J MATTHEW LEAVITT MATTHEW GORNEY MEL GREGORY CARLA HAND CHRISTINA HANSEN TYLER HEFFRON CHASITY HELM JENNIFER HILL JENNIFER MAGANA AMBER NORRIS REED RIPLEY JASON ROACH JOE SEIWERT MEGAN TOWNSLEY JEFFREY A WILSON SCOTT HILL MARCIA WOOD KRISTEN WHEELER SAMANTHA WOODS Bar o Meter ISSN 0893 6056 is published monthly by the Wichita Bar Association 225 N Market Suite 200 Wichita KS 67200 2023 316 263 2251 Inquiries should be sent to 225 N Market Suite 200 Wichita KS 67202 2023 Non member subscription rate is 25 Periodicals Postage Paid at Wichita KS POSTMASTER Send address changes to Bar o Meter 225 N Market Suite 200 Wichita KS 67202 2023 2021 PAGE 2 BAR O METER APRIL 2021

FROM THE PRESIDENT C Edward Watson II April 21st is National Administrative Professionals Day so I think it appropriate to reflect on the importance and relevance of legal administrative assistants The job title has changed over the years When I started several years ago legal administrative assistants were called secretaries a title that many came to think minimized the importance and relevance of this important position While the job title has changed the importance of the position remains As an association of attorneys we must do our best to honor that Several years ago on a Sunday afternoon my 80 something mother in law sat in front of the TV watching a PBS program about the attorneys who worked at the NAACP Legal Defense Fund supporting the civil rights movement during the 1950s and 60s She was interested in the story because she had worked in New York as a legal secretary Her job duties included typing many of the briefs filed before the Supreme Court and preparing several letters that had been exchanged between key figures in the civil rights movement She had previously been the secretary to slain civil rights leader Medgar Evers She watched the program intently She made comments like I know him He liked ham and swiss on rye She recalled who liked tea instead of coffee She recalled who came in early and who came in late Some of her pointed comments focused on the temperaments of the various lawyers highlighted in the program Were they kind Were they fair Were they considerate She giggled every now and then Her focus was more on relationships and teamwork not her specific job duties BAR O METER APRIL 2021 Over the years I was able to ascertain a little more about her workday Back then legal administrative assistants typed briefs on typewriters and made copies with carbon paper Not much room for error or edits Back then there was no voice mail and legal administrative assistants were expected to always answer the attorney s phone and take messages by hand While she may not have known the substance of the legal issues she typed about she understood that her work product was a necessary part of making change She felt appreciated What legal administrative assistants bring to the table is a necessary part of pushing the practice of law forward We cannot really function without them at least I can t Legal administrative assistants are masters of the firm document systems Attorneys young and old often simply cannot function without them And when we try there is often a trail of destruction left in the wake They not only help new attorneys and old ones too integrate into firm culture they also help us navigate personalities in and outside of our places of work Good legal administrative assistants are efficient organized discrete and professional The best legal administrative assistants are also patient and understanding There is no doubt about it in every circumstance legal administrative assistants are an invaluable part of the team that provides value to clients So hats off to our legal administrative assistants this month We appreciate all that they do and celebrate their contributions to our profession PAGE 3

Kansas Attorney General Derek Schmidt Speaks at March 2021 WBA Monthly Meeting Kansas Attorney General Derek Schmidt spoke to WBA members via Zoom at the March meeting and then answered several questions He shared new developments in the Attorney General s Office such as the newly expanded jurisdiction for Elder Abuse which allows for enforcement by the Medicaid Fraud Control Unit on behalf of elder abuse victims who are Medicaid beneficiaries even if they are not residing in a health care setting He said that the addition of a second Fiscal Analyst to the unit will greatly assist in the investigation of Medicaid Fraud AG Schmidt expressed his appreciation for the Kansas Bureau of Investigation and public and private sector partners in working to solve the backup of untested sexual assault kits Kansas became the first state to eliminate its backup voluntarily Looking at how to prosecute the vast numbers of unemployment benefits fraud Attorney General Schmidt explained that unfortunately the vast majority of these cases are perpetrated by criminal enterprises that won t be found Enforcement and prosecution will ultimately require federal resources The WBA welcomed five new members who were introduced at the meeting Hannah Arneson Emily Haverkamp Alexander Robinson Whitney Skinner and Elisabeth Wilder BAR O METER APRIL 2021 Wichita Bar Association 2021 2022 Election Results The Wichita Bar Association held its 2021 2022 candidate election on March 9th Election results are listed below President Elect Aaron Breitenbach Vice President Christine Campbell Secretary Treasurer Kristen Wheeler Board of Governors Hon Gwynne Birzer Robert Moody Rachel Wetta PAGE 4

A Open Letter to Val Wachtel By Jade Martin Author s note Val Wachtel died on October 26 2020 Many of you knew him better and practiced with him longer than I did so it is my utmost honor to have been asked by the Bar o Meter to write a few words by which to remember our colleague The following is adapted from a letter I wrote to Val that he never had a chance to read I hope that you will indulge me by accepting this letter as a substitute for a tribute and I also hope that by sharing it with you these words will make it into the universe and find his spirit Val I m writing you this letter to share the impact you had on my life You supported me listened to me and most of all was a mentor and friend to me I first met you in 2009 when I started at Klenda as a runner You were the celebrity of the office having represented a Carr brother The other runners and I watched your interviews amazed about how unfazed you were in that representation and how approachable and down to earth you were in real life How advocating for alleged criminals didn t diminish your outlook on life but rather enhanced it by giving you a purpose You were fiercely passionate about giving everyone their fair day in court believing it to be a fundamental right to be afforded to all people no matter their alleged crimes When I went away to law school you were supportive of my dreams but you always had been You were one of those lawyers that took an interest in all of the staff never treating anyone differently than anyone else Everyone was equal in your book well everyone except the jerks you had zero tolerance for jerks When I came back to interview for a clerkship position two years later you made sure I felt welcomed and wanted You gave me a pass in my interview because you would always ask applicants the same obscure question about the name of the lawyer in The Merchant of Venice I still don t know the answer so I never learned that lesson from you Speaking of interviews once you were so disinterested in a candidate that you asked them what kind of tree they would be rather than a question of substance Your sense of humor was infectious and we laughed about what kind of tree they would be for days When I came back to clerk that summer I was allin to be a criminal defense attorney I had worked in the criminal defense clinic and was ready to build BAR O METER APRIL 2021 upon those skills and to learn from you an excellent attorney and advocate for alleged criminals in high profile cases That summer you were working on the Seacat case You trusted Sarah and me to research issues and prepare the first drafts of motions You took us to a hearing so we could listen to you argue a motion we helped research and write I still have a draft of that motion I was so proud to have helped you and valued the experience you gave two law students hearing our arguments come to life in a courtroom When the summer was drawing to a close you wandered into my office to talk about my future When I said I was still all in to pursue criminal defense work you said something that changed the direction of my life You told me No You explained that there was no happiness in criminal defense unless I represented the cartels in Miami and made a lot of money and that you had seen things you wouldn t wish on anybody especially me You told me to march right up to the business guys and tell them I wanted to join their practice group Following your advice I did That one conversation shifted my career path and has directed the past nine years of both my personal and professional life I cannot thank you enough for telling me no and setting me on the legal path I am on today I am eternally grateful for you looking out for me When I officially joined the firm in 2013 I was most excited to get to work alongside you if for no other reason than that you were always full of interesting stories and funny quips One of my all time favorite memories is the story you told us about a cross examination in a case about Asian gangs in Wichita when the prosecutors put on a self identified Asian expert On cross you were questioning the expert about his expertise and he was relying on how he went to PAGE 6

A Open Letter to Val Wachtel continued Asian festivals and researched the cultures You quipped back I guess I m an expert too seeing as I spent five tours in Vietnam with the locals That is probably not an accurate retelling and it does not give your humor justice but the mere memory of you telling this story sends me into a giggling fit That was also when I found out you had served in the military and had been a Green Beret Airborne Ranger After years of conversations never once did your service come up I watched documentaries on Vietnam so I could understand your service and ask intelligent questions Eventually and after my incessant questioning you told me some stories about your time over there probably the PG Rated ones Once again it felt like you were protecting me from the horrors you had seen in your life You were always encouraging me to learn more and to question everything Intentionally or unintentionally I was always learning new things from you Every conversation with you was a wild ride from start to finish Although you kept me laughing the most meaningful aspect of our friendship to me was your mentorship I could always count on you On particularly trying days you would take me out to lunch always to Larkspur You always had soup Always the soup Even if you hated the soup option soup It was silly We would each order a glass of white wine your favorite was Line 39 Sauvignon Blanc and you would let me lament about whatever was troubling me at the time You d offer a listening ear and give advice but only if that s what you thought I wanted Mostly you just let me rant which is what I needed most of the time PAGE 7 The last time I saw you I was downtown for jury duty You were so excited that I was picked for a jury in a criminal case We discussed how important it was to lead the jury to the right decision based on law and fact rather than opinion and feeling Sitting in that jury deliberation room listening to the others discuss their opinions and feelings I was overcome with emotion about how hard your career must have been on you and the toll it must have taken No matter how zealously you advocated for your clients or educated the jury on the law the reality is that it often came down to twelve people s opinions and feelings about your client Once again at that moment I was able to see you protecting me from disappointment Val I didn t really need to write you this letter I have previously told you all this before You have had a profound impact on my life Because I knew you I am a better person You taught me how to be an advocate You filled my head with random knowledge You lead by example ethically and honorably You taught me to enjoy work but to love fiercely And boy did you love fiercely You always told everyone how Jackie was still the most beautiful woman in the world and the love of your life I will remember you fondly not only for your courageous actions or your poignant words but also for your kindness humor and protective spirit Not to mention your pink socks red glasses and multiple multiple popped collars With gratitude Jade BAR O METER APRIL 2021

WBA Members Sew Masks and Caps for ICT Healthcare Workers By Marcia Wood The COVID 19 pandemic has provided many lawyers with new ways to serve the community Others have found that they had more time to dig into their hobbies Jan Doran has combined her passion for community service with her love for fabric along with her talent for making and recruiting friends to her causes As early as March 2020 Jan started making cloth masks to help slow the spread of the disease She says she stopped keeping track after 1 000 masks Some of the most popular of Jan s creations were masks made with the Wichita flag and RBG prints As the demand for cloth masks waned Jan wanted to continue using her skills to help during the crisis Usually the fall months for Jan involve hours and hours of sewing for Ballet Wichita for its Nutcracker performances but of course that show was canceled in 2020 so she also needed something to fill that gap Judy Fowler told Jan about a Facebook Group called Caps for ICT Healthcare Workers The group was organized at a time when personal protective equipment supplies were limited with the goal of supplying scrub caps to area nurses and other hospital personnel So Jan hopped to it Jan believes she herself has made about 75 scrub caps and she has cut out hundreds more for others in the group to sew Some sewists have difficulty cutting due to arthritis and other issues so having someone cut out fabric is a huge help As the ringleader of the not officially sanctioned fiber arts section of the WBA Jan recruited others who like to sew to make scrub caps too Judy Fowler Nancy Ogle Karen Gale and Marcia Wood all put in time at their sewing machines and donated fabric from their stashes Christy Campbell made a large fabric donation to the cause The scrub caps are distributed to local healthcare workers who not only need them but have enjoyed the bright and sometimes silly fabrics anything from sunflowers to penguins to Elvis Presley It has given them a lift in a really difficult time Healthcare workers post selfies wearing their caps on the Facebook Group s page As with most volunteer projects Jan says she has received more than she has given Helping with this project helped my mental health more than I can describe in words And isolated at home it kept me connected to my community And helped our local warriors on the front lines One of the best parts for Jan is that she has made new friends who like to sew Jan knew her WBA friends would answer the call to help with this project but she thinks the Caps for ICT Healthcare Workers group was a bit surprised as well as delighted that lawyers and auxiliary members would take up thread and needle to support health care workers Jan says I m very proud to be a member of the WBA which has a focus on service to our community and not just our legal community When I realized the group needed more helping hands sewing I knew my fellow WBA members would answer the call And they did Sedgwick County Health Department Update COVID 19 Vaccinations Available for All Attorneys Valarie Florio Sedgwick County Health Department COVID 19 Liaison Officer provided an update that they are currently at Phase 3 and 4 for vaccinations which means that all attorneys are now on the eligibility list If you have not received your vaccination please click on the link provided and schedule your appointment at their drive thru vaccination site or by calling 316 660 1029 or schedule at an on site location The call center is open from 8 00 a m to 5 00 p m Monday through Friday and 10 00 a m to 4 00 p m Saturdays https www sedgwickcounty org covid 19 vaccine schedule BAR O METER APRIL 2021 PAGE 8

Law Day 2021 Observance at the WBA Advancing the Rule of Law Now The rule of law is the bedrock of American rights and liberties in times of calm and unrest alike The 2021 Law Day theme Advancing the Rule of Law Now reminds us that we the people share the responsibility to promote the rule of law defend liberty and pursue justice And that responsibility sits squarely on our shoulders today not at some better time in the future The Wichita Bar Association will observe Law Day 2021 at its annual Law Day and Awards Luncheon at Botanica at noon on May 11th 2021 WBA Award Recipients Lifetime Achievement Award Jackie Williams Howard C Kline Distinguished Service Award Hon Jennifer Jones Chester I Lewis Diversity Achievement Award Hon Gwynne E Birzer Jonalou Pinnell Award Wichita Bar Auxiliary President s Award Karl Hesse Jennifer Magana Ty Patton and Justin Waggoner Liberty Bell Award Darrell Haynes Benson Batt Award Hon Ted Griffith posthumous As in past years the WBA s Law in Education Committee is coordinating attorneys to speak to students both virtually and in person on various legal topics There has been great interest by teachers and attorneys to participate in the observance of Law Day in our local schools This year the Board of Governors and the Law in Education Committee are inviting local high school students to submit an art poster regarding what the 2021 Law Day theme means to them Posters will be submitted in any art medium format that best reflects the student s style charcoal pastel pencil watercolor mixed media etc These art submissions will be on display at the May 11th luncheon Submissions will be judged by the Law in Education Committee and the Board of Governors First second and third place winners will receive pizza cookies and beverages delivered to the class of their choice In addition the winners will be invited to attend the luncheon and bring a guest To sign up for the Law Day and Awards Luncheon please go to www wichitabar org page upcomingevents PAGE 9 BAR O METER APRIL 2021

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WBA s Medical Legal Committee Staying Up to Date on Procedures By Stephen Netherton The Medical Legal Committee has typically spent monthly meetings discussing recent trials and other happenings in medical malpractice and personal injury cases Due to the lack of trials for discussion the committee has shifted its focus to hosting speakers via Zoom Recently Judge Gwynne Birzer spoke to our group about the most recent D Kan Administrative Order for in person proceedings behind the scenes work on keeping the Court operational while monitoring public health concerns and tips for practitioners who have cases pending before the Court We also hosted Phillip Brownlee Executive Director for the Medical Society of Sedgwick County Mr Brownlee informed us of the many irons in the fire for the MSSC and its good work toward assisting the community in several ways including collecting additional PPE and providing relief for patients who cannot afford to pay medical bills And finally Judge Stephen Ternes joined us this past month to discuss his transition from the criminal department to civil and update us on conducting civil trials in the plexiglass palace in Sedgwick County District Court We welcome WBA members to come join us at one of our monthly meetings usually the first Monday of each month to learn more about our committee You can also contact me directly at netherton hitefanning com PAGE 11 BAR O METER APRIL 2021

Hearsay Condolences go out to Jennifer Hill McDonald Tinker PA and Scott Hill Hite Fanning Honeyman L L P on the passing of Jennifer s mother and Scott s mother in law Jolene Lopez on February 23 2021 Our thoughts also go out to Charlie O Hara Morgan Gering and Chris O Hara O Hara O Hara on the passing of Charlie s mother Betty O Hara and grandmother to Morgan and Chris on February 13 2021 WBA members were saddened to hear of the passing of Larry Hollis retired hearing officer on March 10 2021 Our condolences also go out to the family and friends of Lebert Lee Shultz who passed on February 6 2021 and Thedoore C Geisert Geisert Graffman Smith P A who passed away on November 6 2020 Congratulations are in order To Candice Farha Penner Lowe Law Group LLC and Jeff Wilson DeVaughn James Injury Lawyers on the birth of their first child Ramzi Thomas Wilson on March 11 2021 Rachel Wetta Foulston Siefkin LLP was recognized in the Wichita Business Journal s latest Women Who Lead series featuring top women professionals in major companies Diane Sorensen Morris Laing Evans Brock Kennedy Chartered on her induction to the National Academy of Distinguished Neutrals The Honorable J Thomas Marten will be retiring from the U S District Court on May 1 Ramzi Thomas Wilson BAR O METER APRIL 2021 by Gabby Tattler The law is going to the dogs Jaime Blackwell Law Office of Jaime Blackwell hired a super cute canine staff member named Bertie who is excited about his new placement Jaime s other staff members are not so sure about the new hire Foulston Siefkin LLP had a wellness puppy cuddle day on March 10th Masks with style Brian McLeod City of Wichita opted for the tried and true N95 mask during a Blood Drive at City Hall Kurt Kerns Ariango Kerns Mank White Individual Practitioners found the mother of all masks while he was working on the other side of the pond Brian McLeod Bertie Blackwell Tim O Sullivan Kurt Kerns Morgan Hammes Geffre Francis Baalmann Francis Baalmann and Kyle Steadman Baby it s cold warm outside Zero degree temperatures did not stop Brian McLeod City of Wichita from shoveling his driveway in a stylish hat Spring temperatures helped Ron Paschal District Attorney s Office work on his tan by allowing him to ride in shorts Brian McLeod Ron Paschal PAGE 12

WBA members giving back Jessica Suhr McDonald Tinker PA attended the Wichita Family Crisis Center s virtual Bootlegger s Ball David Hawley and Bill Cummings coached an Andover girls basketball team John Rapp Hinkle Law Firm LLC coached a boys basketball team at Magdalen David Hawley and Bill Cummings Andover girls basketball team WBA members fighting COVID WBA Members traveled far and wide to get their COVID 19 vaccines Those taking the drive for a shot in the arm were Andrew Thomas Geren DeVaughn James Injury Lawyers Trent Wetta Conlee Schmidt Emerson LLP Rachel Wetta Foulston Siefkin LLP Christy Campbell Kansas Legal Services Joni Franklin Franklin Law Offices Janice Doran Law Office of Jan Doran Laura Ice Textron Financial Corporation Kari Schmidt and Jeff Emerson Conlee Schmidt Emerson LLP Andrew Thomas Geren Welcome new members Mike MacPhee Foreman Law 245 N Waco Ave Suite 230 Wichita Kansas 67202 Washburn University School of Law students Molly Morgan and Nichole M Smith Traveling attorneys Dustin DeVaughn DeVaughn James Injury Lawyers took his wife Susan to Arizona for Valentine s Day Jeff DeGraffeneid Foulston Siefkin LLP followed the Shockers down to Fort Worth Texas and watched them play in the AAC Tournament David Leon decided to try his luck in Las Vegas Joni Franklin Franklin Law Offices and Aaron Breitenbach District Attorney s Office braved an incoming snowstorm and vacationed in Colorado Trent and Rachel Wetta John Rapp and Magdalen boys basketball team On the move and changes Larry Marczynski II has closed his private practice and is now the new Sumner County Attorney 501 N Washington Wellington Kansas 67156 Brad Pistotnik Law P A has changed the firm name to Bull Attorneys P A This change includes the following attorneys Bradley A Pistotnik Tony Atterbury John Hadley Jay Sizemore John Corey Sucher and William Barr PAGE 13 Dustin and Susan DeVaughn BAR O METER APRIL 2021

WBA Events Calendar APRIL 2021 Th 1 Bar o Meter Committee Meeting via Zoom M 5 Real Estate Business Law Committee Meeting Medical Legal Committee Meeting Cancelled T 6 Estate Planning Probate Committee Meeting via Zoom Professional Diversity Committee Meeting via Zoom Service to the Bar Committee Meeting Cancelled Senior Lawyers Section Meeting via Zoom W 7 Civil Practice Committee Meeting via Zoom Law in Education Committee Meeting via Zoom Lawyers Assistance Committee Meeting via Zoom 4 00 5 00 p m Th 8 Bankruptcy Committee Meeting via Zoom Executive Committee Meeting via Zoom Summer Intern Committee Meeting Young Lawyers Section Meeting TBD F 9 Inn of Court Executive Committee Meeting via Zoom M 12 Legislative Committee Meeting via Zoom Technology Committee Meeting via Zoom T 13 April Monthly Bar Meeting via Zoom W 14 Family Law Committee Meeting via Zoom 4 00 5 00 p m Th 15 Board of Governors Meeting Hybrid Ethics Committee Meeting 3 00 4 00 p m M 19 Membership Committee Meeting MAY 2021 M 3 Real Estate Business Law Committee Meeting Medical Legal Committee Meeting T 4 Estate Planning Probate Committee Meeting Professional Diversity Committee Meeting Service to the Bar Committee Meeting Senior Lawyers Section Meeting W 5 Civil Practice Committee Meeting via Zoom Lawyers Assistance Committee Meeting 4 00 5 00 p m Th 6 Bar o Meter Committee Meeting M 10 Legislative Committee Meeting via Zoom Technology Committee Meeting via Zoom T 11 Law Day Awards Luncheon W 12 Law in Education Committee Meeting Cancelled Family Law Committee Meeting 4 00 5 00 p m Th 13 Bankruptcy Committee Meeting Executive Committee Meeting Summer Intern Committee Meeting Young Lawyers Section Meeting TBD F 14 Family Law CLE Inn of Court Executive Committee Meeting via Zoom T 20 Building Management Committee Meeting W 21 Fee Dispute Committee Meeting Mentoring Committee Meeting Th 22 Juvenile Law Committee Meeting via WebEx M 26 Legislative Committee Meeting via Zoom T 27 Continuing Legal Education Committee Meeting via Zoom W 28 Criminal Practice Committee Meeting WBA Beer Tasting and Happy Hour at the Wichita Brewing Company 4 30 7 30 p m BAR O METER APRIL 2021 PAGE 14

Classified Advertising REFERRALS ACCEPTED THE LAW OFFICE OF SEAN M DWYER handles all types of employment litigation for plaintiffs and defendants including discrimination sexual harassment wrongful termination matters and federal employee civil service or discrimination claims Please call 316 689 4268 OFFICE SPACE SHARED OFFICE SPACE AVAILABLE at 2121 W Maple use of copy machine internet and conference room Davis Jack L L C Contact Kenneth Jack at 316 945 8521 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 more information Convenient east side location Civil Jury Verdict Summary Case Walter Moore v Candice Markwell 19 CV 226 Claim Auto Accident Plaintiff claimed that while lawfully stopped and waiting for traffic to clear to make a left turn Defendant negligently rear ended Plaintiff s vehicle causing injury Defendant claimed that Plaintiff negligently and improperly changed lanes and came to an abrupt stop in front of Defendant s vehicle causing the collision Judge Deborah Hernandez Mitchell Attorneys P Brendan P Lykins and Jeff Wilson D Joseph M Conlon Length of trial 3 days Verdict For Plaintiff Jury found Defendant 100 percent at fault and awarded medical economic and non economic damages for a total verdict of 126 306 33 PAGE 15 BAR O METER APRIL 2021