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Bar-o-Meter JUDGE GWYNNE E. BIRZERJUDGE MONIQUE 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 ...................................................................................................................................................................3Verdicts ................................................................................................................................................................................................................14Hearsay ..........................................................................................................................................................................................................17-18WBA Events Calendar ........................................................................................................................................................................................19Classified Advertising .........................................................................................................................................................................................20Fred C. Helm .........................................................................................................................................................................................................4Chester I. Lewis .................................................................................................................................................................................................4-5Update from Waller Fellowship Committee ......................................................................................................................................................5What a Difference a Breakfast Makes ................................................................................................................................................................6January Bar Luncheon Recap ............................................................................................................................................................................10 Oneil Davis Obit ..................................................................................................................................................................................................11My Friend Norm ..................................................................................................................................................................................................12A Life: Mark B. Hutton ..................................................................................................................................................................................13-14Lawyers Giving Back ...........................................................................................................................................................................................15Inside the February Bar-o-Meter:Inside Every Issue:BAR-O-METER - FEBRUARY 2022PAGE 2

I hate COVID. I imagine you do too. The WBA does nothave good information on how many of our membershave had some version of COVID so far. I know some ofour members have had very, very serious bouts of thisdisease. Others have had less severe, but stillchallenging, cases. Some still have lingering effectsmonths later. Many of us, whether or not we contracted it ourselves,have faced major disruptions to our lives because of thispandemic. The disease found many of our workcolleagues, family members, and friends. It caused manyof us with school-age and preschool-age children to setaside the best-laid plans for school and day-care andfind alternatives that often interfered with our lawpractices. It caused major disruptions to our court systems, andthat has affected all of us whose law practices involvecourt cases. Those of us whose law practices dependheavily on court hearings and trials have seen seriousdisruptions to our work. Many of our law firms andemployers made major changes to the way we havepracticed law, quickly obtaining the technology andsystems allowing us to carry on remotely. With the advent of the vaccines, there were greatexpectations that COVID would soon be under controland we could get back to something resembling“normal.” But then the variants came along, and whilethings were better in many ways, we saw that thepandemic was not yet under control. I recently became sick with COVID myself. Thesymptoms came on shortly before Christmas, and Itested positive. I have no idea where I got it. I had beenvaccinated and boosted, so I was expecting it to be arelatively mild case. And, fortunately, it was. Isolatingmade it a FaceTime Christmas for the Vines family. And Iwas able to continue to serve clients with the remotetechnology my firm put in place when COVID showed up. COVID has also been a major challenge for the WBA.We are an association—and associating with each otherhas had to look different during COVID. It has affectedall three of the major purposes of our association: 1) toprovide opportunities for our members to get to knoweach other and network about our practice areas; 2) tohelp us be the best lawyers and law firms we can be;and 3) to provide opportunities for us to help our locallegal system be the best it can be. Each of these iscentral to the mission of the WBA, and they areimportant things that we need to continue doing. Initially we went to remote-only meetings—for ourcommittees, CLE seminars, and general Bar meetings.We invested heavily in upgrading our technology to beable to do that well. And we had to rethink how wepresent CLE programs and general Bar meetings. Oncemany of our members had been vaccinated and COVIDappeared to be in retreat, we began having some in-person events again and offering events in a hybrid wayso that those who preferred to remain remote couldparticipate as well. Both the in-person and the remote options continue tobe a challenge for us. We are in the middle of anotherCOVID surge as I write this. We want our in-personevents to be reasonably safe for members to attend. So,we take temperatures as members arrive to identifysome illness, we space out our table arrangements, andwe encourage wearing masks when not eating, drinking,or addressing the group. Of course, we ask thatmembers who feel sick or who have been around otherswho are sick not come in person but participateremotely. And we ask that attendees who become sick inthe next few days after being at an in-person eventnotify the WBA office so we might be able to notifyothers who might be affected. And, of course, we try tooffer remote ways of participating for our members whoprefer that for now for any number of reasons. None of these is the ideal for how the WBA carries outits three major functions. But COVID continues topresent serious challenges for us, so for now, we willcontinue to respect it and do our best to carry on theimportant work of the WBA and do so withaccommodations that we believe will help minimize thehealth risks. I have high hopes that theHoliday/Omicron/Delta COVID surge has peaked and thatwe will actually be able to find a new normal in thecoming months. I especially want to thank the many WBA members whohave continued to be actively involved in our CLEseminars, our Bar meetings, our committees, and ourother events. Your active involvement is what makes theWBA function—especially in this challenging time. As Isay in my theme for the year: "Ask BOTH what your BarAssociation can do for you, AND what you can do foryour Bar Association." Your active involvement, duringour COVID accommodations, is a big part of what youcan do for the WBA!M o n t e V i n e sF R O M T H E P R E S I D E N TWBA in the Time of COVIDBAR-O-METER - FEBRUARY 2022PAGE 3

Fred C. HelmReprinted from the Wichita Bar Association History Book In the late 1930s, America – and Wichita – began to shake off the Great Depression. Homelessness hit an all-time low in 1936 as Wichita secured itself as the Air Capital of the World. That year, the Wichita Bar had itsfirst Bar Show. Also, Hitler and his Nazi Germany hosted the Olympics in Berlin, and America sent AfricanAmerican track star Jesse Owens to win four gold medals. It was shortly after this that the Wichita BarAssociation began to have its first non-white and first non-male members. There is no exact record of whenthis happened, but the title of the 1936 Bar Show program was "The Dis-Integration of the Bar." By 1938, the WBA had one woman and three African American men. Fred C. Helm was Wichita’s first AfricanAmerican attorney, and he had started practice in 1912. Helm, who went straight from high school to lawschool, would often tell juries that, like them, he had never attended college.Chester I. LewisReprinted from the Wichita Bar Association History Book Chester I. Lewis was a Wichita lawyer and a leader inthe national Modern Civil Rights Movement. Lewis was born in 1929 in Hutchinson. His fatherwas editor of The Hutchinson Blade, an AfricanAmerican newspaper that railed against localpractices of racial segregation. After graduating fromHutchinson High School and serving in World War II,Lewis attended the University of Kansas where hereceived an undergraduate degree in 1951 andgraduated with a law degree – third in his class – in1953. He and his wife, Jaqueline, moved to Wichitaand he set up private practice. Months later, at Wesley Hospital, his light-skinnedwife was asked her race after the birth of their child,and hospital staff informed her that she’d have tomove to another room because the one she was inwas for whites. Their baby was moved from the frontto the back of the nursery and to an old bassinet.Infuriated, Lewis contacted hospital administratorsand threatened a $250,000 lawsuit citing an 1874Kansas law prohibiting segregation in publicaccommodations. The hospital immediately changedits policy. A month later, he and John Pyles (the two were onthe Legal Regress Committee of the Wichita NAACPchapter) sued the city of Wichita under the same1874 law to desegregate public schools. By 1955, he became a lawyer for the county. In1956, he became president of the Wichita NAACP. Inthat role, he volunteered his legal expertise to fosterracial integration of the city’s police and firedepartments and its public schools. He also lobbiedfor the passage of the Wichita Fair HousingOrdinance. For more than a decade, Lewis was anactive leader of the local, state and national NAACP. In 1958, student members of the NAACP organized asit-in at Dockum Drug Store’s segregated lunchcounter. The National NAACP sent a telegram to thelocal chapter asking them not to do it. Lewis told the students that while the NAACP wasn't behind them,he was. And he offered them free legal advice for allthat would follow. After 23 days of the sit-in shuttingdown the lunch counter’s business, the owner gave inand served African Americans alongside whites. Thisled to a change for the entire Dockum chain. Thesuccessful, nonviolent and professional strategy wasrepeated throughout the city and state to quicklydrive desegregation. In 1962, Lewis was among the leaders of the YoungTurks, a national movement within the NAACP thatwanted the organization to include strategies ofnonviolent protest and direct action along with itslegal action. When the NAACP did not change for the YoungTurks, Lewis resigned in 1968 and endorsed the risingBlack Power Movement. Lewis and A. Price Woodard Jr. were Wichita’s twomost well-known African American attorneys in the1960s. However, their politics were at odds. Lewisremained mayor of Wichita in 1968. He told theWichita Eagle, "There are 25,000 Negros in Wichitawith about 18,000 of them stake-less, powerless andhopeless, whose needs are not going to be helped bythe appointment of one man to any single position." Through the ‘70s and until his death in 1990, hecontinued to fight for equality in the AfricanAmerican community. Today, the Wichita Bar Association’s Chester I. LewisDiversity Achievement Award significantly advanceddiversity. He is also honored with the Chester I. LewisMagnet School, the Chester I. Lewis Learning Centerand the Chester I. Lewis Reflection Square Park, all inWichita.BAR-O-METER - FEBRUARY 2022PAGE 4

Recognizes an individual, law firm, corporation,governmental agency, or organization which hassignificantly advanced diversity by adherence to theprinciples set forth in the Wichita Bar AssociationManaging Partners' Diversity Initiative and Action Plan.Recipients of the award must have met one or more of thefollowing criteria:· Involvement in the recruitment, retention, and promotionof diverse attorneys.· Cultivation and promotion of diversity initiatives, policesand strategic plans that establish and foster a moreinclusive and equitable work environment.· Involvement of diverse members in the planning andsetting of policies to achieve diversity.· Commitment to mentoring and developing diverseattorneys.· Contributed to the existence of overall diversity in theworkplace.· Demonstrated leadership to confront and resolveinequities through strategic decision making, allocation ofresources and establishment of priorities.Chester I. Lewis Diversity Achievement Award:Update from the Waller Fellowship Advisory CommitteeBy: Hon. Jennifer Jones Last year the Wichita Bar Association and Wichita Bar Foundation established the Judge Gregory L. WallerPublic Interest Legal Fellowship. Fellows will receive $10,000 and will serve in "the portions of the justicesystem that most frequently touch the disenfranchised and marginalized members of our local community." The Waller Fellowship Advisory Committee has been hard at work developing criteria for the program andcirculating the application material. In an effort to make as many potential applicants aware of this greatopportunity as possible, the committee contacted over 10 law schools located throughout the United States.The application deadline for the inaugural class has closed and interviews will be scheduled soon. We have some very talented applicants and look forward to meeting them and hearing about theiraccomplishments and ways they plan to carry on the legacy of Judge Greg Waller’s work, career and his lifepassion for justice, diversity in the legal profession and fairness for all. The Fellows will be introduced at the Law Day Luncheon in May. For more information about the Waller Fellowship program, and a link to make a donation, go towww.wichitabar.org. BAR-O-METER - FEBRUARY 2022PAGE 5

What a Difference a Breakfast MakesBy: Kristen Stinnett What started as a combined effort of a few attorneys meetingfor breakfast to contribute stories for the Wichita BarAssociation’s 100th Anniversary Commemorative Book, hasturned into a golden opportunity for the Wichita Bar’s AfricanAmerican legal community. Since the publication of the book,Robert Moody (Martin Pringle) began scheduling monthlybreakfast gatherings on the first Saturday of each month at localWichita staple eateries in the community. The gatherings weregeared towards connecting African American attorneys, butanyone is welcome to attend. The mailing list has grown. NewAfrican American lawyers in the community, law students,aspiring law students, and even high school students attendbreakfast on any given first Saturday morning. To date, thebreakfast gatherings are highly anticipated. Breakfast remains purposeful. The main purpose is to supporteach other as African American attorneys and to discuss ways toeffectively increase diversity in the Wichita Bar Association.Several initiatives were born out of the breakfast gatherings. Forexample, African American law students from Washburn Law,KU Law and OU Law who are involved with their Black LawStudent Association (BLSA) chapters are invited to attendJudges' Day to expose them to the Wichita Bar and the Wichitalegal community. We also host events with the BLSA chapters atWashburn and KU Law, and sit on various panels for eventsthroughout the school year. We invite law students to Wichita toengage with them in hopes that upon graduation, they will seekemployment here in Wichita, engage in the Wichita BarAssociation, and remain in the community. This year, and in remembrance of the late Honorable GregoryWaller, a long-standing member of the Wichita Bar, the first“Judge Gregory L. Waller Public Interest Legal Fellowship” will beawarded. The fellowship is designed to incentivize qualified lawstudents and recently admitted lawyers to explore publicinterest legal opportunities here in Wichita. While the pandemic halted in-person events at our regional lawschools last year, this year we as a group hope to visitWashburn Law, KU Law, and perhaps broaden our reach toOklahoma law schools. And, of course we plan to host anothergroup of law students for Judges' Day in October! So, for AfricanAmerican Attorneys in Wichita, as stated by A.A. Gill, "breakfastis everything. It is a beginning. It is the mouthful that is thecommitment to a new day!"BAR-O-METER - FEBRUARY 2022PAGE 6

Wichita Estate Planning Council Contact: wichitaepcouncil@gmail.com What the Cool Kids are Doing in Estate Planning What’s Changed and What’s Changing in Estate Planning Strategies Featuring Samuel A. Donaldson Professor, Georgia State University College of Law 3 p.m. – 5 p.m. on Tuesday, March 3, 2022 5 p.m. – 6 p.m. Reception Petroleum Club, Ruffin Building, 100 N. Broadway St., #900, Wichita Please join us for a conversation with nationally recognized speaker Sam Donaldson to explore WHAT THE COOL KIDS ARE DOING IN ESTATE PLANNING In light of recent developments, some estate planning strategies have become especially popular. This informative and entertaining presentation explains and evaluates several “trending” planning techniques, including spousal lifetime access trusts, “Clayton QTIPs,” charitable remainder trusts as beneficiaries of retirement accounts, long-term GRATs, and incomplete gift non-grantor trusts. Sam A. Donaldson, JD, LLM is a professor at Georgia State University College of Law in Atlanta. A popular speaker on federal income, estate, and gift taxes and the author of numerous books, he teaches courses in taxation, estate planning, property, and professional responsibility. Previously, he was a professor and associate dean at the University of Washington School of Law, where he was a five-time recipient of the Philip A. Trautman Professor of the Year award. Professor Donaldson is an Academic Fellow of the American College of Trust and Estate Counsel, and a member of the bar in Washington, Oregon, and Arizona. He has a bachelor’s degree from Oregon State University, a Master of Laws from the University of Florida and a Juris Doctor degree from the University of Arizona. Registration * * * All registrations through Eventbrite use this link to register ➔ Wichita Estate Planning Council member: no fee ➔ Non-Wichita Estate Planning Council member: $50 This event qualifies for 1.5 hours of CE credit: CLE, CPE, CFP, Kansas insurance, CTFA Post-Meeting Reception 5 p.m. – 6 p.m. Following the presentation there will be a reception to mix and mingle with Sam Donaldson and other attendees, a great opportunity to foster conversation and make lasting connections. Wichita Estate Planning Council presents BAR-O-METER - FEBRUARY 2022PAGE 7

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January 2022 Bar Luncheon RecapBy: Scott Hill On January 11, the WBA hosted its monthly luncheon with special guest speaker Danielle Hall, Executive Director for theKansas Lawyers Assistance Program ("KALAP"). KALAP was formed in 2001 by the adoption of Kansas Supreme Court Rule 233. Under that Rule, the purpose of KALAP is:(1) provide immediate and continuing assistance to any legal professional who is a lawyer, bar applicant, or lawstudent and who is experiencing a physical or mental health issue such as depression, stress, grief, anxiety, alcohol ordrug abuse, gambling addiction, age-related concerns, or any other circumstance that may affect the legalprofessional's quality of life or ability to perform the legal professional's duties;(2) protect citizens from potential harm that a legal professional in need of assistance may cause;(3) educate the legal community about the nature of issues that may affect a legal professional and the servicesavailable to a legal professional in need; and(4) develop programs that emphasize prevention of circumstances that might negatively affect a legal professional. Hall presented for in-person and online attendees on the topic of "Succession Planning: Beginning with the End in Mind,"which provided a free 1.0 hour of continuing education credit and helped fulfill the above purposes of KALAP. Hall began with a number of awakening statistics about the aging population of lawyers across the country. According tothe American Bar Association, nearly 1 in 6 lawyers is age 65 or older, compared to only 1 in 14 of the general population insuch age group. The prospects of retirement is shortly becoming a reality for many. Planning ahead is not only good business, but also a duty of a lawyer, says Hall. Citing ABA Formal Op. 92-369, “[t]o fulfillthe obligation to protect client files and property, a lawyer should prepare a future plan providing for the maintenance andprotection of those client interests in the event of the lawyer's death.” Combining Kansas Rules of Professional Conduct 1.1,1.3, 1.4, 1.6 and 5.3, Hall advises that a lawyer has a duty to plan ahead to protect clients in the event of a lawyer’s cessationof practice, whether that be as a result of retirement or some sudden accident or medical condition. Through a series of rhetorical questions, Hall questioned whether many of us were ready. What happens if you have aheart attack tonight? Are you organized? Do you have someone to pick up your caseload? Does someone know or haveaccess to your schedule or calendar? Can anyone find anything on your desk? What about your computer – how is itorganized, and does anyone have password access? Hall proposed steps to succession planning. Highly summarized, Hall advised to first make a plan, which includes selectinga successor to undertake winding up your client matters. Hall suggested having a formal document agreement with thatsuccessor, and then reviewing that agreement (and your selection of successor lawyers) annually. Notifying those who maybe involved with your estate (including family members and your partners/staff) of at least the existence of your plan iscritical. Hall continued her presentation focusing on common issues that may arise as lawyers prepare and plan for retirement.One of the most common problems, Hall says, is that lawyers wait too long to begin the planning process. But beyond thatseemingly obvious point, Hall says that a number of other less obvious problems do arise. Do you have a documentretention/destruction policy, or will your successor be forced to wade through decades of unnecessary closed matters? Whatabout insurance? Do you have tail coverage in place? Another common problem for lawyers is that too many rely too heavily on the prospects of selling one’s practice as an exitstrategy. Those problems are not only financial – often the value is not what one might think, as the sale of a law practice iseffectively the sale of goodwill and not truly a book of business (the client ultimately chooses its counsel) – but also practical– often the sale of a practice is a long-term endeavor involving a transition of the practice from retiring lawyer to his or hersuccessor. Hall advises that many resources exist to help lawyers transition their practices, both nationally and locally, through theABA, various local and state bars, and KALAP. Hall has served as Executive Director of KALAP since December 2019. Prior to this appointment, Hall served as DeputyDisciplinary Administrator for the State of Kansas. Hall is a graduate of Washburn University with a B.A. in Political Science(2006) and a J.D. in 2009. BAR-O-METER - FEBRUARY 2022PAGE 10

Oneil Davis Obit (1943-2021)By: Martin Keenan Although Oneil Davis was born in the deep South -Byhalia, Mississippi -- in 1943, he was fortunate thathis family moved north to Kansas before he startedschool. Although Kansas was not free from segregationand race discrimination, Kansas was much morehospitable to African Americans than Mississippi. Oneil Davis’ sense of equality and fairness was rootedin part by his Christian faith. He was baptized in theLittle Arkansas River in 1954 under the leadership ofReverend J. C. Washington. He was gifted musically andplayed wind instruments in the school band and wenton to play in college. After graduating from WichitaState University, he taught school for a year or so andthen began law school. Davis graduated from the University of Kansas LawSchool earning his Juris Doctorate in 1971. He beganhis legal career practicing law with legendary civilrights attorney Chester I. Lewis as generalpractitioners. Oneil was later admitted to practice inthe Supreme Court of the United States, the State ofMissouri, and the Creek and Pottawatomie Nations. His daughter Gwendolyn joined him in the practice in2003. He continued to practice law until his healthbegan to decline in 2018. Oneil Davis’ priorities werefamily, faith, and loyalty. Over his career, he was apleasure to work with, but also was a zealous advocatewho brought justice to individuals who would notnormally get their day in court. Oneil knew that one could be a zealous advocate,while still maintaining civility. "He taught me -- don'truffle anyone's feathers unless you have to," said hisdaughter, attorney Gwen Davis. He seemed to embodyShakespeare's maxim about lawyers: "And do asadversaries do in law; Strive mightily, but eat and drinkas friends." In the tributes written for Oneil Davis atthe mortuary, one lawyer described him as "a happylawyer" who had a good sense of humor. Oneil got into the legal profession to help people.One person he helped a great deal was Edgar Richard,a fellow African American. Richard suffered fromsevere mental illness, and was savagely beaten by asheriff’s deputy in the Sedgwick County jail in 2008when he refused to take his medication. The savagebeating from detention deputy Manuel Diaz causedRichard to go into a coma with skull fractures and abroken jaw. Fortunately, the beating was preserved onvideotape. Clarene Sutton, Richard’s sister, contacted Oneil Davisand he teamed up with Larry Wall to pursue a lawsuitagainst Sedgwick County. His family’s goal was not tocollect damages, but to make sure that other mentallyill inmates did not suffer a similar fate. The second deputy who saw the beating was afraidthat Diaz would "rip Edgar Richard’s face off." EdgarRichard spent the rest of his life in a nursing home forthe mentally ill and had permanent brain damage.However, Oneil Davis and Larry Wall were able to getjustice for the family. Although Oneil Davis was grateful that his family leftthe deep south when he was a small child, he was notblind to the racism in Kansas. African-American chaircar attendants with the Santa Fe railroad wanted tomove up to become train porters or brakemen, butnever got the chance due to racism. African Americanswere routinely denied the opportunity to move up. According to the Wichita Eagle, even after the CivilRights Act took effect in 1965, the only way a chair carattendant could become a brakeman was by giving upall of his chair car seniority and starting at the bottomof the brakeman seniority ladder. A promotion wouldleave him making less money than before. The chaircar attendants called it "seniority suicide." Chester Lewis and Oneil Davis teamed up to bring aclass action for black Santa Fe workers who weretreated unfairly and resolved the case favorably forthe victims. One happy irony is that today African American lawgraduates are hired by large law firms. Before, nomatter how talented, a black law school graduatewould be forced by circumstances to start their ownlaw practice solo or with another African Americanattorney. The only silver lining for the public to thisinjustice was that African Americans practiced lawlargely within the black community and were able tohelp many get justice. As we celebrate Black History Month, we mustremember those like Oneil Davis who made adifference, and we must all commit ourselves toaddressing racial inequalities.Oneil DavisBAR-O-METER - FEBRUARY 2022PAGE 11

My Friend NormBy: Mel Gregory Norman I. Cooley was born on September 27, 1940 and passed away on November 20, 2021. He was a graduate of Vanderbilt School of Law. He started his law career as an assistant District Attorney, went to McDonald, Tinker et al and then embarked upon a career on his own. His obituary tells you this and many more pertinent details, but I will tell you of my time with Norm and how he was one of the greatest fighters ever. His obituary can be found here: https://www.legacy.com/us/obituaries/kansas/name/n orman-cooley-obituary?id=31665615 In 1979, I opened my own law office and had a spare office in my suite. I was approached by a lawyer friend of Norm’s who asked if I had room for an excellent lawyer who was going into private practice. I don’t think I had ever met Norm until we agreed on an office sharing arrangement. Norm started with me and it soon became apparent that Norm was having trouble with his life. Norm drank and often was gone for long periods of time. With his permission and the permission of his clients, I worked his files while we tried to help Norm. He knew he needed help but was often led astray. He tried treatments in Oklahoma, Northern Kansas and these would work for a while but never long term. On a fall day in 1980, Norm’s dad called and asked help in finding Norm. He knew that Norm was somewhere in apartments at Central and Waco, so the search began. I finally found him in his apartment and finally was able to get him to answer the door. He was dragged into the shower to wake him up and he pulled me into the shower with him, suit and all. I dressed him, took him to St. Joseph and he became another man. He stopped cold and became sober over 40 years ago. We remained office sharers for another year until he moved to another office as did I. We remained close friends through all the moves. I was his best man when he married the love of his life, Judy. We had dinners together and I would drop by his offices and he would do the same to mine. Norm was a very zealous attorney in his workers compensation practice. It was at this time, an attorney for one of the insurance companies and I would pray that Norm would not have a case against my company because it meant a long and tortured time until Norm finally won, which he always did. Norm’s adopted daughter Jennifer passed away andthis had a bad effect on Norm but he kept his sobriety.When his beloved wife, Judy, passed away, it hit himhard. We often talked about the meaning of his lifeand he took the gigantic step of retiring early andjoining the Peace Corps. He was sent to Deva, Romania to work with theirChamber of Commerce to help economic developmentin that country. He made friends wherever he went inRomania. After his two-year stint, he came home and wereconnected. He wanted to go back to Romania andwanted me and my wife Linda to go with him. Wewent in 2003 and we saw the love he was shown fromhis first host family in Ploeisti and from his friends inDeva where we stayed. Norm was friends with thedirector of the women’s gymnastic training center inDeva and got permission for Linda and I to photographthe young up and coming Olympic Women’s Gymnasticteam. In 2005, he took us back to Romania and my wifephotographed the daughter of his host in Ploeisti asshe was married. He was beaming with pride. Again,he remained free of alcohol. I think he replacedalcohol with his love of the Democratic Party. Norm moved to Tulsa and we kept in touch throughFacebook. He was a special attorney, a person whofought demons and won, and my friend. He will be agood memory in my mind for as long as I have themeans to remember. Norman CooleyMake the most of your WBAmembership!GET INVOLVEDGET INVOLVEDGET INVOLVEDBAR-O-METER - FEBRUARY 2022PAGE 12

A Life: Mark B. HuttonBy: Blake A. Shuart From working derailments on the Santa Fe railwayduring high school summers to elephant tracking nearChiang Mai, Thailand, or sleeping in freezing tents inthe Sahara desert, Mark Hutton lived a full life. Mark passed on December 29, 2021, following a long,private and courageous battle with cancer. To sayMark will be missed hardly scratches the surface, andto say Mark lived a meaningful life feels woefullyinadequate. Mark was born in Newton alongside his twin brother,Andy – his lifelong supporter. Ahead of Mark and Andywas their sister, Mary Prudence, who also became anattorney and now lives in California. Two years afterMark and Andy came their younger brother, Tom. Mark experienced a horrible tragedy at age 11, whichwould forever inform his sense of empathy for hisclients. Tom broke his arm on a Saturday and wastaken to the local emergency room, where the nurseanesthetist was off duty that day. The doctor whoperformed surgery chose an open-drop ethertechnique for anesthesia that had largely beendiscontinued before World War II. While coming outfrom under the ether, Tom was kept on his backinstead of being set upright. Tom vomited and hesuffocated to death. Mark’s parents, John and Prue retained GeraldMichaud of Wichita to file a medical malpractice case.The case settled for the statutory wrongful death capof $20,000. After watching Gerald work, Mark’s parentshoped that someday Mark might work for him, helpingother families navigate life-altering tragedies. Mark and Andy completed high school and enrolled atWashburn University, where they were members of thetennis team and the Phi Delta Theta fraternity beforeboth enrolling at Washburn Law School. Aftergraduating and passing the bar in 1979, Mark andAndy were hired by Michaud. By 1979, Michaud – a larger-than-life figure – hadgained an even bigger reputation for his courtroomprowess. Mark was determined to absorb as muchknowledge and wisdom as possible while alsomaintaining a healthy balance of work and family. With each success came another big case. Mark andAndy remained with Michaud’s practice for 16 yearsbefore launching the Hutton & Hutton Law Firm in1995. Mark would have many triumphs over the courseof his storied 42-year career. Some highlights includeAves v. Shah, a birth injury case Mark tried to a federaljury and received a record-setting verdict exceeding $23million; O’Gilvie v. International Playtex, Inc., a productliability case Mark tried in federal court with Michaud,resulting in an eight-figure verdict against Playtex – inresponse to the verdict, Playtex discontinued the saleof some of its products and changed its warnings tobetter alert the public to the dangers of toxic shocksyndrome; and the Norplant Contraceptive MDL, SiliconeGel Breast Implants MDL, and Castano v. AmericanTobacco, three major national lawsuits in which Markplayed a substantial role, including serving on theplaintiffs’ steering committee of the two MDLs. Thelatter case still benefits taxpayers today across the 50states and has helped render "Big Tobacco’s" predatoryadvertising obsolete. Mark successfully represented thousands of otherinjured victims across the country, always putting theirfinancial interests first, and never being afraid to pusha case to trial. Mark became licensed in seven statesand was recognized by Super Lawyers® as one of theTop 100 attorneys in Missouri and Kansas nine timesbetween 2005 and 2021. Mark always strived to servethe profession he so loved and admired. Mark took great pride in assembling a highly-professional litigation boutique – a firm whichcontinues to drive Hutton’s mission forward to this day.Mark felt lucky to have Andy as his law partner, as thetwo were always steadfastly loyal to each other. Mark also enjoyed other professional pursuits. He wasappointed by President George W. Bush to serve on thePresident’s Advisory Committee of the Arts and the John F.Kennedy Center for the Performing Arts from 2004-2009.Mark was a silent business partner with movie theatreicon Bill Warren for over 25 years until their successfulchain of theatres sold in 2017. Family always remained Mark’s top priority. He wasproud to have married his high school sweetheart,Susan, and to be her husband and partner for over 42years. Mark and Susan raised four successful children,including triplets – William, Francesca and Isabella –and their oldest son, Tom. Mark and Susan placed thewell-being of their children first, no matter how busyMark’s work became. When Mark was diagnosed with metastatic cancer fiveyears ago, he implemented a three-fold plan tocontinue managing his law office, travel as much aspossible with Susan and take every medical opportunitypossible to prolong his life.Mark B. Hutton"Counting the number of true friends you have is at the endmore rewarding than counting your money." – One of MarkHutton’s TruismsBAR-O-METER - FEBRUARY 2022PAGE 13

Civil Verdict SummaryCase: Brenda S. Garner v. Ascension Via Christi Hospitals Wichita, Inc. and Ascension Via Christi Rehabilitation Hospital, Inc. 19 CV583Plaintiff’s Claims: Negligence in Transporting Patient. Garner, a stroke patient at Ascension Via Christi (St. Francis), wasscheduled to be transported to Ascension Rehabilitation Hospital. Garner was placed in a wheelchair, which was strapped to thevan floor and had a seat belt. As the van started to move, Garner slowly fell forward and hit her head. Garner was taken back toSt. Francis for a brain CT (which showed no physical damage) and observation. She was transported the next day to AscensionRehab. Two to three weeks later Garner suffered another stroke and/or brain hemorrhage, causing significant physical andmental deficits. Garner claimed Defendants negligently failed to transport her in a lateral wheelchair and/or with seatbelt safety straps thatwould have prevented the fall. Garner claimed the fall caused some subsequent physical and mental deficits or aggravated herfirst stroke issues. On summary judgment, the court limited the medical bills to $20,295.90 for the overnight assessment and stayat St. Francis. Defendants denied negligence and denied Garner’s injuries were caused by the fall, as opposed to the two strokes/brain hemorrhages.Claims at closing: Past medical $20,295.90; past non-economic $150,000; future non-economic $100,000. Defendants arguedmedicals should be limited to a little over $7,000 (Martinez). Judge: William S. WoolleyAttorneys: (P) Craig Shultz; (D) Stephen Netherton.Length of Trial: 3 days. Verdict: Plaintiff: St. Francis 80% and Rehab 20% at fault; to date non-economic: $13,525; future non-economic: zero; to date medicals: $7,075. At the office, Mark continued to work regularlyuntil mid-2021. Mark and Susan traveled to Morocco(sleeping in tents in the Sahara desert), China(cruising down the Yangtze River), Russia, Kenya andTanzania (doing safaris), and throughout Centraland South America. There were also many cancer treatments, includingthree major clinical trials. Through all the red-eyeflights, hotels, gains and setbacks, Mark kept hisdiagnosis private and focused on his family, hiswork and his personal pursuits. As always, he foughtwith zeal, honor and dignity."At the end it’s all about family." – Mark HuttonCriminal Jury SummaryBAR-O-METER - FEBRUARY 2022PAGE 14

As its mission, "The Kansas African American Museum (TKAAM) endeavors to make the Kansas African Americanexperience resonant with EVERY Kansan." The museum is located in downtown Wichita in a historic buildingthat previously housed the Calvary Baptist Church, once the cornerstone of Wichita’s vibrant black community.TKAAM strives to be the premier place where people and communities come to learn about or tell the KansasAfrican American story. History, artifacts and culture align to make TKAAM an important part of the Wichitacommunity. 1.What is The Kansas African American Museum?2. What is your role in the organization?I have the pleasure of serving on the Board of Directors for TKAAM.3. Why and how did you get involved with The Kansas African American Museum?I appreciate my opportunity to serve as a volunteer Board member because I believe in the mission and visionof the museum. TKAAM is an often-ignored asset in Wichita that celebrates the richness of the AfricanAmerican experience and its indelible influence on American culture that continues to define our countrytoday. The museum provides a space to explore, reflect and it reminds us of all of our interconnectedness.4. Where can people go to learn more?Now that you are interested in learning more, please follow TKAAM on Facebook or visit their websitetkaamuseum.org.5. How can other lawyers help?A primary source of funding for the museum are contributions from individuals and businesses, so visit itswebsite to make a donation today. You are also invited to visit the museum in person at 601 N. Water St.Lawyers Giving BackMoji Rosson and The Kansas African American MuseumMoji Rosson andother Meritrustleaders at theTKAAM CowryShell LeadershipSociety’s Taste of Nigeria eventThe Bar-o-Meter is reviving its traditional Lawyers Giving Back stories into a monthly series using the 5-questionformat seen here. The series will highlight local charities, community organizations, and projects that are not"household names." If you know of an organization that more WBA members should get acquainted with, pleasecontact Amanda Marino, Marcia Wood, or Robin Burnside. Our second featured lawyer is Moji Rosson (MeritrustCredit Union) telling us about The Kansas African American Museum. BAR-O-METER - FEBRUARY 2022PAGE 15

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Condolences go out to...Hearsaythe five legendary lawyers the WBA lostrecently and our thoughts and prayers go outto the friends, family members, and colleaguesof Norman Cooley (retired attorney) whopassed away on November 20, 2021, Dick Hite(Hite Fanning) who passed away on December16, 2021, Mark Hutton (Hutton & Hutton) whopassed away on December 29, 2021, RogerHughey (retired attorney) who passed away onJanuary 7, 2022, and Willard B. Thompson(retired attorney) who passed away on January25, 2022. Steve Ariagno (Ariagno, Kerns, Mank& White) on the passing of his father, Robert,on December 29, 2021. Our thoughts are alsowith Marc Powell (Powell Law) on the passingof his mother, Kay, on December 28, 2021.Condolences go out to Amber Norris (ButlerCounty Attorney) on the passing of herstepsister, Kerry, on January 3, 2022.Congratulations are in order...to Ann Swegle and Maggie McIntire (DistrictAttorneys) for their upcoming retirement frompublic service. Margaret Disilvestro (Stinson,Lasswell and Wilson) and husband, Cody Lyons,welcomed a baby boy, Sawyer, to their familyon December 6, 2021. Ryan Prochaska(Prochaska, Howell & Prochaska) and hishusband, Jose Hinojosa, welcomed a baby boy,Emilio Broderick Hinojosa Prochaska, onNovember 15, 2021, weighing 7lbs. 5.1oz and19 inches long.Maggie Disilvestro andbaby SawyerMatt Flesher and AmberNorris, Tim Moore and Tracy Moore in NYCLinda Parks and Jim Robinsonb y G a b b y T a t t l e rWBA members getting together...Joni FranklinWBA members giving back...Brad Pistotnik (Brad Pistotnik Law) and the BullAttorneys hosted their 16th Annual ToyGiveaway. They unloaded mountains of bikes andhelped hundreds of families. Gary Patterson(Patterson Legal Group) played the role of awealthy farmer in a Christmas Dinner Theater atthe St. Joseph Country Club. Benjamin Winters(Patterson Legal Group) sang the national anthemat a Wichita Wings game. The Hon. Ron Sylvester(Magistrate) performed his magical talents for theInn of Court’s monthly meeting at the PourHouse.Kari Schmidt (Conlee Schmidt & Emerson) wasthe vocalist and Yannick Cools (Sedgwick CountyPublic Defender Office) was the guest speaker atthe January 7th Naturalization Ceremony. Hite Fanning & Honeyman hosted a holiday partythat was also a paint-a-snowman party. While inNew York City, Matt Flesher (Textron) and AmberNorris (Butler County Attorney) ran into fellow WBAmember Tim Moore (Moore Law Offices) and wife,Tracy, in an Irish pub. The holidays would not befestive without the annual Breitenbach ChristmasExtravaganza. Many WBA members were inattendance for good tidings and to marvel in Joni,the hostess with the mostess’s Whoville-rific hairdo. Ryan Prochaska and hishusband Jose Hinojosa with baby EmilioBAR-O-METER - FEBRUARY 2022PAGE 17

Traveling attorneys...Kari SchmidtHon. Ron Sylvesterperforming his magical talentsYannick CoolsBrad Pistotnik and Tony AtterburyT. Micha el Wilso n (S tinso n, Lasswe ll andWil son) got to watc h ex-Shoc ker La ndrySha met with th e Ph oenix Sun s shoot som ehoo ps in Port land, O regon when the Sunspla yed t he Trai lblaz ers. C hris Pate (Pat e a ndPau gh) and fam ily spe nt Christ mas inCoz umel. Hon. Br yce Ab bott (City of Wichit a)bas ked in the flora in Flo rida. Hon. EricWil liams an d Hon. F rance ssca Mon tes-Wil liams a lso spe nt the ho liday s in Flor ida.Kur t K erns (Ari agno, Kerns , M ank and Whit e)and f amily enjo yed the hol idays i n Woodla ndPar k, Co lorad o. Eric Hart enste in (H arten steinPoo r) admired the art distr ict of South Beachin Miam i. Matt Fles her (Textron) and Amb erNor ris (But ler C ounty At torne y) sp ent t hehol idays in New Yor k City. Pau la Lang worth y(Re ddick L angwo rthy Famil y Law ) was alsosee n in the Big Ap ple for the holida ys. AliceKne tsch Osbur n (Distr ict Attorn ey’s Office)enj oyed 82-deg ree we ather in Galve ston,Tex as. Dustin D eVa ughn (DeVa ughn James )too k his fami ly to Cancun for C hrist mas. DavidHaw ley (Law Office s of David Hawl ey) baskedin the sun and play ed a few roun ds of golf inSco ttsda le, A rizon a. Sh annon Kell y (Ke lly L aw)and husb and enjoye d spe nding time w ith t heirgra ndchi ld in Dunde e, Michig an. GayeTib betts (Hi te Fannin g) celebr ated herbir thday in Ha waii an d woke up to anexp lodin g v olcan o outs ide o f h er wi ndow.Jen nifer Hi ll (McDon ald Tink er) and Sc ottHil l (Hite F annin g) s urpri sed their ch ildre nwit h a tri p to Hawa ii f or Chr istma s. Kryst leDal ke (Hin kle La w) rech arged he r batt eries inthe Magi c Kin gdom.Matt Flesher and Amber NorrisDustin DeVaughn and familyDavid Hawley and his daughtersShannon Kelly and husband Kenwith their granchildKurt Kerns and familyChris PatePaula Langworthy and Kurt in NYCOn the move and changes...Roni Gordon-Campbell is now in-house counselfor Advisors Excel.Welcome new student members...Washburn University School of Law students,Jacob M. Kleespie and Jack Roenne.Welcome new member...Jessica Nasternak, Law Office of Jerry Crowder,Overland Park.BAR-O-METER - FEBRUARY 2022PAGE 18

FEBRUARY 2022MARCH 2022WBA Events CalendarAll committees meet at the WBA at Noon unless otherwise noted.T/1 Estate Planning & Probate Committee Meeting via ZoomProfessional Diversity Committee Meeting via ZoomService to the Bar Committee Meeting (Cancelled)W/2 Civil Practice Committee Meeting via ZoomLawyers Assistance Committee Meeting 4:00 – 5:00 p.m.Th/3 Bar-o-Meter Committee Meeting via ZoomF/4Bankruptcy Law CLE Seminar (7.0 hrs., including 1.0hr. of Ethics) 8:20 a.m. - 3:40 p.m. - via Zoom onlyM/7 Real Estate & Business Law Committee Meeting via ZoomMedical-Legal Committee Meeting (Cancelled)T/8February Bar Luncheon (Cancelled)W/9 Family Law Committee Meeting via Zoom 4:30 – 5:30 p.m.Th/10 Bankruptcy Committee MeetingExecutive Committee Meeting via ZoomSummer Intern Committee MeetingYoung Lawyers Section Meeting (TBD)F/11 Inn of Court Executive Committee Meeting via ZoomM/14 Legislative Committee MeetingTechnology Committee MeetingW/16 Fee Dispute Committee MeetingMentoring Committee MeetingTh/17Board of Governors MeetingEthics Committee Meeting at 3:00 p.m.M/21 Membership Committee MeetingPro Bono Committee MeetingT/22 Continuing Legal Education Committee MeetingT/1 Estate Planning & Probate Committee Meeting Professional Diversity Committee Meeting Service to the Bar Committee MeetingM/2 Civil Practice Committee Meeting Lawyers Assistance Committee Meeting Th/3 Bar-o-Meter Committee MeetingM/7 Medical-Legal Committee MeetingReal Estate & Business Law Committee MeetingT/8 March Monthly Election LuncheonGuest Speaker: TBAW/9 Family Law Committee Meeting via Zoom 4:30 – 5:30 p.m.Th/10 Bankruptcy Committee MeetingExecutive Committee Meeting via ZoomSummer Intern Committee MeetingYoung Lawyers Section Meeting (TBD)F/11 Inn of Court Executive Committee MeetingW/23 Criminal Practice Committee MeetingTh/24 Juvenile Law Committee MeetingM/28 Legislative Committee MeetingBAR-O-METER - FEBRUARY 2022PAGE 19

JOB OPPORTUNITYREFERRALS ACCEPTEDOFFICE SPACEClassified AdvertisingNeed an Estate Administrator? I have a legal andaccounting background and experience. Call SaraDwyer 316/250-1501.Monnat & Spurrier, Chartered - CriminalDefense Trial Lawyer - Interested in working at afirm that handles many high-profile criminal jurytrials? Monnat & Spurrier, Chartered, is seeking anassociate attorney who will be involved in thefrequent preparation and trial of criminal casesthroughout the state and elsewhere. Salary iscommensurate with trial experience and abilities($90,000 to $125,000). Apply by sending resume todan.monnat@monnat.com.THE LAW OFFICE OF SEAN M. DWYER handles alltypes of employment litigation for plaintiffs anddefendants, including discrimination, sexualharassment, wrongful termination matters, andfederal 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 orvisit www.santolaw.com for more information.Convenient east side location.SHARED OFFICE SPACE AVAILABLE at 2121 W.Maple; use of copy machine, internet andconference room. Davis & Jack, L.L.C. ContactKenneth Jack at 316/945-8521.OFFICE SPACE AVAILABLE at the Sedgwick CountyLaw Center, 225 N. Market, Suite 300, 2985 SF (7offices, open work area, break room, storage area,conference room, and reception area). Contact:Marty Moody, JP Weigand, at 316-292-3942 oremail: mmoody@weigand.com.BAR-O-METER - FEBRUARY 2022PAGE 20