Approved for 6.0 hours of CLE credit, including 1.0 hour of ethics and professionalism credit in Kansas and Missouri.
8:30 a.m. • Check-in & Continental Breakfast
9:00 a.m. • KORA/KOMA and the State of Kansas Attorney
Deborah L. Hughes, Office of the Disciplinary Administrator, Topeka
Philip R. Michael, Kansas Department of Administration, Topeka
Cheryl Whelan, Office of the Attorney General, Topeka
This presentation will address recent statutory changes to the KORA, and the role of attorneys in advising public bodies and public agencies of their legal obligations pursuant to the KORA and the KOMA. The relationship between an attorney’s ethical obligations to maintain confidentiality of attorney-client records protected by KRPC 1.6 and the KORA also will be examined..
9:50 a.m. • Ethical Issues for Government Attorneys
Penny R. Moylan, Office of the Disciplinary Administrator, Topeka
This presentation will address ethical issues that arise for government attorneys. The presentation will discuss such topics as: correctly identifying your client; attorney-client confidential communications; whistleblowing; and successive government and private employment.
10:40 a.m. • Break
10:55 a.m. • Remedies Following Emergency Orders: Lemons or Lemonade?
Diane L. Bellquist, Joseph, Hollander & Craft, LLC, Topeka
Mark W. Stafford, Simpson, Logback, Lynch, Norris P.A., Topeka
This course will explore the government’s authority to issue emergency orders as authorized by the Kansas Administrative Procedure Act. Case examples will be discussed to illustrate the procedure and some of the pitfalls that counsel might encounter when an agency takes emergency action. Defense counsel will learn strategic tips in representing individuals and entities seeking relief from agency emergency orders pursuant both at the agency level and on judicial review. Agency counsel will gain an understanding of defense strategy and courses of actions available.
11:45 a.m. • Lunch (provided)
12:30 p.m. • An ALJ’s Perspective of KAPA and the Office of Administrative Hearings
Michele L. Tunnell, Office of Administrative Hearings, Topeka
1:20 p.m. • KAPA: Questions, Conundrums & Common-Sense Answers
Diane L. Bellquist, Joseph, Hollander & Craft, LLC, Topeka
Kelli J. Stevens, Kansas Board of Healing Arts, Topeka
Agency and defense counsel will each give their perspectives on navigating the nuances of KAPA proceedings. This session will provide insights to assist in understanding the interplay of procedural statutes and agency-specific regulations, policies and processes.
2:10 p.m. • Break
2:25 p.m. • Kansas Judicial Review Act Update
Hon. Larry D. Hendricks, Shawnee County District Court Division 6, Topeka
Hon. Teresa L. Watson, Shawnee County District Court Division 3, Topeka
Michael S. Obermeier, Shawnee County District Court, Topeka
A discussion of several aspects surrounding the litigation of Kansas Judicial Review Act cases at the district court level, including a comparison of the standards of review applicable to the various subsections of K.S.A. 77-621(c), an evaluation of various strategic and procedural issues arising out of KJRA cases, and an update on recent caselaw decisions that may impact new KJRA litigation.
3:15 p.m. • Adjourned
KBA Administrative Law Section Member: $210
KBA Member: $240
Paper Materials (optional): $25
(Lunch is provided)
Diane L. Bellquist is an attorney with Joseph, Hollander & Craft. LLC whose practice is focused on providing quality defense services for licensed professionals and entities involving their respective administrative regulatory agencies. She received her J.D. from the University of Kansas School of Law. Prior to joining the firm, Diane served as General Counsel for the Office of the State Bank Commissioner and prior to that as Assistant General Counsel for the Kansas Board of Healing Arts.
The Honorable Larry D. Hendricks was appointed to the Shawnee County District Court in 2006. He currently has a civil case load assignment. He was a member of the United States Air Force for 8 years. He practiced law in Topeka, Kansas for 25 years before he went on the bench. He served as City Attorney for Alma, Auburn, Lecompton and Perry, Kansas. Degrees include a Bachelors from Kansas State University (1971), Masters from the University of Northern Colorado (1977), and his J.D. with honors from Washburn University (1982). He has served as a board member for CASA of Shawnee County. He is a member of the Topeka Bar Association, the Kansas Bar Association, and the Kansas District Judges Association.
Deborah Hughes is a Deputy Disciplinary Administrator with the Office of the Disciplinary Administrator. She is a 1989 graduate of the University of Kansas School of Law. After law school, she worked in private practice as an associate with the Topeka law firm of Scott, Quinlan & Hecht. She joined the Shawnee County District Attorney’s Office in 2001, where she was responsible for the office’s appeals and post-conviction cases. From 2004 through 2012, she worked for the Kansas Supreme Court as the Court’s Special Projects Attorney. Prior to joining the Disciplinary Administrator’s Office in November 2013, Ms. Hughes worked as an appellate defender with the Kansas Appellate Defender Office.
Philip Michael is an attorney in the Office of Chief Counsel, Kansas Department of Administration. His primary duties include serving as the agency KORA custodian and records officer, contract review and drafting, labor relations, advising the Kansas Office of Information Technology Services on legal matters, and serving as the Secretary of Administration’s designee on the State Records Board. Philip earned his Juris Doctor from Washburn University. He possesses a Master’s degree in History from Emporia State University and an undergraduate History degree from McPherson College.
Ms. Moylan is a graduate of Washburn University School of Law. After law school, she worked for the Topeka law firm of Goodell, Stratton, Edmonds and Palmer until 1997, when embarked on her own part-time practice of law, primarily focusing on contracting with small firms to draft motions and appellate briefs in state and federal court. As that practice grew, Ms. Moylan began to participate in all phases of complex civil and criminal litigation. Ms. Moylan continued this part-time practice until 2012, when she accepted a position as senior research attorney for Kansas Supreme Court Justice Lee Johnson. Ms. Moylan joined the Disciplinary Administrator’s office in November 2015.
Michael S. Obermeier is the staff attorney for the Third Judicial District of Kansas. He has previously served as the faculty services senior researcher for the University of Kansas School of Law and practiced law as an associate with the firm of Fairchild & Buck in Lawrence, Kansas. He earned a Bachelor’s degree with highest distinction from the University of Kansas in 2009, and a J.D. from the University of Kansas School of Law in 2012.
Mark W. Stafford is a senior attorney at Simpson, Logback, Lynch, Norris, P.A., practicing primarily in the Topeka, Kansas office. He is admitted to practice in the Kansas and Missouri courts. Prior to private practice he served as General Counsel for the Kansas State Board of Healing Arts and as Assistant Attorney General for the State of Kansas. His practice focuses on health care, government, professional licensing and regulatory law, representing and counseling health care providers, facilities and corporations. He graduated with honors from Washburn University of Topeka, School of Law in 1987. Other professional activities include teaching in the Washburn School of Applied Studies, Health Information Technology program; membership in the Kansas Bar Association and Topeka Bar Association, Greater Kansas City Society of Healthcare Attorneys, The American Association of Nurse Attorneys, and Kansas Association of Hospital Attorneys; membership on the Advisory Committee on Administrative Procedure for the Kansas Judicial Counsel; and the Sam A. Crow American Inn of Court.
Kelli Stevens serves as the General Counsel for the Kansas Board of Healing Arts, where she has been employed for 17 years. She is also an adjunct faculty member at Washburn University where she teaches a course on legal and regulatory issues for health care professionals. Prior to joining the Board, Ms. Stevens was an Assistant Attorney General in the Kansas Attorney General’s Consumer Protection Division and worked as a staff attorney for Kansas Legal Services, Inc. Ms. Stevens earned her Bachelor’s degree in Health Information Management from the University of Kansas and her Juris Doctor from Washburn University School of Law.
Judge Tunnell has served as an Administrative Law Judge for the State of Kansas since October 2010. Judge Tunnell attended Wichita State University, earning a Bachelor of Arts degree in Elementary Education in 1983. She earned her J.D. from the University of Oklahoma School of Law in 1989. Upon graduation, she joined the law firm of Mustain and Newman, Kansas City, Kansas, where her focus was civil litigation. In 1990, Judge Tunnell began her nineteen year career as a federal law clerk, first for Magistrate Judge Ronald C. Newman, then upon his untimely death, for Magistrate Judge James P. O’Hara.
Hon. Teresa L. Watson is a district court judge in the Third Judicial District of Kansas (Shawnee County). Prior to her appointment in 2014, Judge Watson practiced law for 20 years, primarily in the area of civil litigation as a partner in the law firm of Fisher, Patterson, Sayler & Smith, LLP, in Topeka. Judge Watson is a past president of the Topeka Bar Association. She served six years on the Kansas Bar Association’s Board of Governors and has served for three years as chair of the KBA Bench Bar Committee. Judge Watson is past chair of the Kansas Client Protection Fund.
Cheryl Whelan is an Assistant Attorney General and the Director of Open Government Training and Compliance in the office of Kansas Attorney General Derek Schmidt. Her primary duties include promoting transparency in government through training, education and outreach on the KOMA and the KORA, and serving as the freedom of information officer for the office. Cheryl also conducts legal reviews of interlocal agreements and easements, and drafts opinions. Cheryl previously served as the General Counsel for the Kansas State Department of Education and has many years of experience as an attorney with various governmental agencies including the United States Army, the State Fire Marshal’s Office, the Shawnee County District Attorney’s Office, and the Kansas Court of Appeals. She has given presentations on a variety of topics related to open government laws, governmental law and professionalism. Cheryl earned both her Juris Doctor and Masters of Public Administration from the University of Kansas. Her undergraduate degrees in political science and communication studies are from Washburn University.