awl newsletter, may 2005 final€¦ · link p.o. box 414557 • kansas city, mo 64141 may 2005 •...

linkP.O. Box 414557 • Kansas City, MO 64141

May 2005 • Volume 17 • Number 2www.awl-kc.org

OFFICERS

Tracy L. Powell, PresidentB. Janeen deVries, President-Elect

Margaret Dean, TreasurerTracy Bornman, Secretary

Kim Fournier, Asst. SecretaryMegan C. Thornberry, Past President

MEMBERS OF THE BOARD

AWARDS & SCHOLARSHIP:Jennifer Dameron, Chair

Nikki Cannezzaro, Vice-Chair

JUDICIAL:Anne Post, Chair

Diana C. Toman, Vice-Chair

MEMBERSHIP:Tamara J. Anfang, Chair

Amanda Pennington Ketchum, Vice-Chair

COMMUNITY SUPPORT:Mira Mdivani, Chair

Jolie Justus, Vice-Chair

SOCIAL ACTIVITIES:Stacey McLey, Chair

Jennifer Chapin, Vice-Chair

CONTINUING LEGALEDUCATION:

Lara Dickey Lewis, ChairElle Sullivant, Vice-Chair

BOARD MEMBERS AT-LARGEShelley Ericsson

Beverly WeberPascale ZaldivarSuzanna Trower

Kimberly GibbensCourtney Hueser

©2005 Association for Women Lawyers of Greater Kansas City

Board of Directors

DATE .......... EVENTJune 2 ......................CLE, Women's Legal Forum, 1:00-4:35 p.m., Social to Follow (KCMBA)

July 21......................Summer Social, 5:30-7:30 p.m. (Personal Day Spa)

August 17..................Legislator’s Breakfast, 7:30-8:30 a.m. (First Watch,Westport)

September 16...........Golf Tournament, 12:30-5:00 p.m. (Teetering Rocks Golf Course)

October 13................Past Presidents’ Reception,Time and Location TBA

December 13.............Annual Meeting, 4:30-5:00 p.m., Location TBAHoliday Judicial Reception, 5:00-7:00 p.m., Location TBA

ink

it in

...On Thursday, April 21,

2005, AWL members, localjudges, representatives of

Hope House, and AWL scholar-ship winner Katie Welch gatheredat Lidia's for AWL's SpringJudicial Reception. First and fore-most, the event was a successnotwithstanding the blaring torna-do sirens and raging hailstormoutside! Both judge and lawyerattendance was excellent, and thecrowd was in good spirits.Second, the event was a successbecause it benefited Hope House,Missouri's largest domestic vio-lence shelter. AWL membersdonated five boxes of sleepwear,underwear, and socks for the

women and children resi-dents of Hope House. Inaddition, AWL andAWL's Chair ofCommunity Support,immigration lawyer MiraMdivani of The MdivaniLaw Firm, provided

Hope House with a $1500 cash donation. TheMdivani Law Firm provides pro bono servicesfor many of Hope House's residents and

brought the shelter's needs to AWL's attention.Third, the event was a success because it hon-ored AWL scholarship recipient Katie Welch.Katie is a second year law student at Mizzouand traveled to Kansas City to accept herscholarship in person. Last, but not least, theevent was a success because of the wonderfulItalian cuisine and wines prepared and beauti-fully presented by Lidia's, which were enjoyedby all. Thank you to everyone who attendedand contributed to the event's success!

AWL Spring Judicial Receptiona Success on Many Levels

The Honorable Laura Denvir Stith, The Honorable Victor Howard, The HonorableG. Thomas Vanbebber, and The Honorable W. Duane Benton were just some ofthe judges who attended AWL's Spring Judicial Reception.

For more photosfrom our Spring

Judicial Reception,see page 11.

Association for Women Lawyersof Greater Kansas City

2 the AWL link May 2005

ust recently my 17-month old,Lucy, learned to say "Thankyou." Like all new words thattoddlers first learn, she seems to

say it all of the time. Hearing Lucy saythank you over and over for even themost insignificant of reasons made me

realize how little we as adults say a simple "Thank you" tothose people who go out of their wayfor us. While we may appreciate thegenerous acts of others, we often neg-lect to do something as simple as say"Thank you." And while Mark Twainonce said, "It is better to deserve hon-ors and not have them than to havethem but not deserve them" — I stillbelieve those who are deserving ofthanks are also deserving of a showing of appreciation.

AWL is well underway into 2005, and we have alreadyhad many successful events this year. The Judicial Receptionheld at Lidia's was a huge success and a chance to honor thejudiciary. Of course, AWL could not put on events like thiswithout the support of local firms, small and large. It isthrough those monetary contributions that AWL is able toprovide a variety of opportunities to its members and to

advance its mission of justice and equal representation inthe courtroom and the judiciary. The financial contributionsof our sponsors demonstrate their commitment to women inthe profession and hopefully inspire younger generations tomake that commitment a priority as well.

The support of our affinity members, local firms andattorneys, and members who are willing to step up and giveof their time and money is essential to the success of our

organization. Additionally, theefforts of our Board of Directors,which unfortunately often go unno-ticed, are crucial to AWL's success.The AWL board members volunteertime away from their practices todevelop and implement programsand events for AWL. Additionally,many AWL board members con-

tribute to and sponsor events out of their own pockets.Recently, Mira Mdivani, who is Chair of CommunitySupport for AWL, gave $1,000 to an AWL sponsored charity.This type of generosity should not go unnoticed.

So to all of you who give your time and financial supportto the Association for Women Lawyers of Greater KansasCity — Thank You, Thank You, Thank You!

While we may appreciate thegenerous acts of others, we mayoften neglect to do somethingas simple as say "Thank you."

Taking the timeto say “Thank you”

pres

iden

t’s

mes

sage

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racy

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J

NEW AWL BABIES

Maureen Mannion Vogel had a little girlnamed Amelia "Mia" Grace Vogel onNovember 17, 2004. Miaweighed 7 pounds 9ounces and was 19 incheslong. Congratulations toMaureen and family!

Barbara Cusick had ababy boy named GeorgeEdward on January 18,2005. George weighed 7pounds 13 ounces andwas 20 inches long. Congratulations to Barband family!

Congratulations to all!

Have news to share?If you are an AWL member and would like toshare information or write an article for the

newsletter, contact Tracy Bornman [email protected] or

((881166)) 447744--99005500 ((881166)) 447744--99005577 ((ffaaxx))

Drake to Chair Labor& Employment Group

AWL is pleased to announcethat Denise Drake hasbeen named chair of the

Labor and Employment Group atthe law firm of Spencer Fane Britt& Browne. Congratulations,Denise!

Denise Drake

May 2005 the AWL link 3

What’s going on ...

Fifty-one area lawyers attended the CLE program enti-tled "Ethical Pitfalls for the Stressed Attorney" held onMay 4, 2005, at The Central Exchange in downtown

Kansas City, Missouri. This program was jointly hosted byAWL and The Central Exchange and included a luncheon ofTuscan chicken and salad. The program featured presenta-tions on maintaining a work/life balance and recognizingwhen alcohol, drugs, or mental health issues are impairing anattorney's ability to effectively and ethically practice law. Thekeynote speaker was Dr. Thomas C. Hall, Coordinator of theAddiction Counseling Program at Kansas City KansasCommunity College since 1999 and adjunct instructor atMetropolitan Community Colleges and the University ofMissouri-Kansas City for over 15 years. Other speakersincluded: Hugh F. O'Donnell, Former Chair of the Lawyer'sAssistance Committee of the Missouri Bar Association andcurrent Chair of the Intervention Committee; Donald L.Zemites, Executive Director of the Kansas Lawyer'sAssistance Program (KALAP), established by the KansasSupreme Court in 2002; Anne McDonald, past Chair of theformer Kansas Bar Association Committee for ImpairedLawyers and current member of the Kansas Lawyer'sAssistance Program Commission; and Sue A. Dickey, whowas active on the Johnson County Bar Association andKansas Bar Association Committees for Impaired Lawyersfor fifteen years prior to being appointed by the KansasSupreme Court in 2002 as one of ten commissioners forKALAP. In addition to addressing the importance of recog-nizing and preventing one's own potential impairment thatcould lead to ethical violations and ultimately disbarment,the program also dealt with an attorney's ethical obligation tonotify the appropriate commissions if another attorney isimpaired. Most importantly, the program stressed that confi-dential assistance is available for impaired attorneys so thatethical violations can be prevented rather than waiting untilit's too late. This program was approved for 2.0 ethics CLEhours in both Kansas and Missouri.

Ethical Pitfalls for the Stressed Attorney

The speakers and moderator participated in some of the unique activities at AWL'sMay 4 CLE. Sue A. Dickey, moderator, and Anne McDonald, speaker (l-r, back-ground) looked on as speakers Hugh F. O'Donnell and Dr. Thomas C. Hall (l-r, fore-ground) discussed the interactive group assignment. Speaker Donald L. Zemites(center background) worked on his part of the assignment.

Matt Harlow (far right) was popular during the interactive group assignment whereparticipants were required to obtain initials from other participants for different top-ics, including the initials of an attorney at the event who had practiced law for lessthan one year. Matt was the only participant who met this requirement as ChelseaHerring (on Matt's right) quickly figured out.

Anne McDonald, past Chair ofthe former Kansas BarAssociation Committee forImpaired Lawyers and currentmember of the KALAPCommission, spoke to mem-bers about her perspective as arelative of a person sufferingfrom an addiction anddescribed the impact the addic-tion has on the friends and fam-ily of that person.

Hugh F. O'Donnell, Chair ofboth the Lawyer's Assistanceand Intervention Committeesof the Missouri Bar, told hisstory to participants andexplained the importance ofasking for help when stressbecomes too difficult to han-dle alone.

Speaker Donald L. Zemites,Executive Director ofKALAP, spoke of the assis-tance KALAP can provide toattorneys.


Wha

t’s

goin

g on

...

Commissioner Margene Burnett, Angela Cahill, Molly Williams, AthenaBrackman, and Phyllis Norman (l-r) worked hard during a recent meeting of thesteering committee for AWL's Annual "I'm Not Serious About Golf" Tournament,to be held on September 16, 2005, at Teetering Rocks Golf Course.

AWL hosted the third annual Financial Goddess™Workshop sponsored by The Planned Approach, Inc.on March 10th at the Central Exchange. This year, the

in-depth workshop explained the pros and cons of differentretirement planning strategies for high income attorneys, dis-cussed the "Stretch IRA" provisions that allow people to takeinherited IRA income for life, and had an in-depth Q&A peri-od focusing on the financial needs of the participants. "Eachyear we get more feedback on how to tailor the workshop tothe needs of the members of AWL - so the presentation getsbetter every year," stated Kelly Voitenko, Partner of ThePlanned Approach. Stephanie Guerin, also a Partner, added,"We make sure the information is valuable to members to helpthem gain personal knowledge, but also have tools to aid theirclients. We know many attorneys are asked financial adviceby friends, family, and clients, and we want to keep them up-to-date. Our objective is to be an information resource for themembers of AWL." What will be added next year? Membersmay be able to e-mail questions to The Planned Approach, Inc.before the workshop, and the workshop will integrate thoseissues beforehand, along with the issues of the day. We'll lookforward to the fourth annual Financial Goddess™ Workshop.

The Planned Approach HoldsFinancial Seminar

Kelly Voitenko, partner of The Planned Approach, Inc., provided valuable retire-ment planning tips to AWL members at the third annual Financial Goddess™Workshop sponsored by The Planned Approach, Inc.


What you need to know when faced witha client’s immigration concerns

By Rekha Sharma-Crawfordand Anne S. WehageZickwolf

On March 1, 2003, theImmigration and NaturalizationService (INS) was abolished and

absorbed into the new Department ofHomeland Security (DHS). The reorga-nization mainly effected a change in thestructure of immigration functions. INSwas the one agency where all immigra-tion functions, including adjudicationand enforcement, were housed with-in the Department of Justice. Now,immigration functions are separatedinto three separate agencies withinthe DHS. Immigration service func-tions (including immigrant visa peti-tions, applications for citizenship,applications for asylum and refugeestatus, and adjudication of non-immigrant petitions) are now han-dled by the United States Citizenshipand Immigration Services (USCIS).Two separate bureaus handle immi-gration enforcement: the Bureau ofCustoms and Border Protection (BCBP)and the Immigration and CustomsEnforcement (ICE). ICE enforces cus-toms and immigration laws within theUnited States. BCBP conducts inspec-tion and enforce immigration and cus-toms laws at the border.

It isn't always easy to know that theblond haired, blue-eyed client sittingacross from your desk has special immi-gration concerns. However, as an attor-ney, it is incumbent upon you to ensurethat your actions do not compound thelegal issues they have come to you tosolve. The beginning point in identify-ing the client's status is to ask the clientwhere he or she was born. If the answeris someplace other than the UnitedStates, this becomes the first indicationthat additional inquiries are necessary.The question, “where were you born?”has to be included in every attorney'sinitial intake questionnaire. Given therise of non-citizens, it is reasonable thatyou will be representing an immigrantclient as part of your practice. Effectiverepresentation makes it imperative thatyou recognize such a client so that youcan protect all of his or her legal inter-ests.

A person is an alien under U.S. immi-gration law if they are not a citizen ofthe United States, by birth, naturaliza-

tion, or derivation (obtaining citizenshipas a minor child through parent orgrandparent's citizenship). A personwho is a legal permanent resident or,“green card holder,” is also consideredan alien. Different rules apply to aliensdepending on their legal status or theirillegal status. Determining this statuscan be difficult, especially for individu-als who believe that because they havemarried a U.S. citizen they immediatelybecome a U.S. citizen, or someone who

was brought into the United States as achild and has been told they are a U.S.citizen. Nevertheless, identifying thebirthplace of your client may provide aneffective starting point. If your client isnot absolutely certain what her status is,DO NOT have her go to IMMIGRA-TION to ask questions. If there is anyuncertainly, then both your client andyou should speak directly to, or meetwith, an immigration advocate to deter-mine the client's current immigrationstatus and to assess potential landminesthat you may incur.

The next step requires an under-standing, to some extent, of the trendsand cooperation levels of State Agenciesand the Department of HomelandSecurity. In Kansas and Missouri, thefollowing are examples of such con-cerns:

• Kansas and Missouri require thatan applicant for a drivers license alsohave a social security card; this includesapplicants renewing a license that hasbeen previously issued;

• Jackson County, Missouri, will notgrant a marriage license to someonewho does not have a social securitynumber;

• Local area casinos have beenknown to ask for social security cards inconjunction with lawful permanent resi-

dences cards as proof of identity toallow entry; and

• Local law enforcement varies inhow much cooperation a particularDepartment has with DHS; while someare very cooperative, others will gener-ally not conduct immigration inquiries.

Family/Divorce CasesWhen assessing a client's case in

domestic matters, there are certainunique issues to examine. If your client

received legal permanent residencestatus through marriage, dissolutionof the marriage may have significanteffects on the client's ability to retainthat status. A large number of non-citizens obtain legal status by way ofmarriage and thus, when these mar-riages dissolve, DHS becomes eagerto ascertain the intention of the par-ties and the reasons for the failure oftheir unions.

Additionally, as a domestic practi-tioner, you will most likely be thefirst to uncover issues of domestic

violence. Non-citizens are often at riskof such abuses because of their vulnera-ble immigration status. If your client isa non-citizen and a victim of domesticabuse, your ability to use discovery inthe domestic case may simply be thebest weapon in your client's arsenal toprotect his or her status.

Finally, emotions that fuel the flamesof a domestic case can sometimesbecome the out-of-control fire that jeop-ardizes your client's immigration status.Given the increase in marriage fraudinvestigations by DHS, resolution of adomestic case must contemplate con-taining the emotional firestorm that isinherent in domestic cases. Spouseswho entered the marriage in good faith,but believe they did not obtain a fair set-tlement after the failure of the marriagemay in fact seek out their validation byvindictively aligning themselves withgovernment authorities.

Criminal CasesThe effect of criminal convictions on

immigration status is a twisted, ever-changing law school exam question. Ifyou are a criminal defense attorneydealing with an immigrant client, insist,not ask, not suggest, but insist that fur-ther examination take place relating to

The beginning point in identifyingthe client's status is to ask theclient where they were born. Ifthe answer is someplace otherthan the United States, thisbecomes the first indication thatadditional inquiries are necessary.

continued on page 10

Imm

igration Law U

pdate ...


Wha

t’s

goin

g on

...


Around the C

ourts ...

AWL members DeniseHenning and SteveBough represented the

family of 23 year-oldChristopher Taliaferro in awrongful death action againstGreen Valley TransportationCompany. After six days oftrial, the jury returned a ver-dict of $8 million.

Christopher Taliaferro wasdriving a John Deere 4020tractor pulling a batwingmower on 50 Highway atabout 1:00 p.m. on September11, 2002. It was a clear, sunny day. He was heading west andwas about a mile east of Lone Jack, Missouri. Highway 50 isa four lane divided highway but not an interstate. It does nothave a minimum speed and is not limited access.

Carol Klaudt was driving a semi-truck for Green ValleyTransportation, a California trucking company. She washauling a load of explosives for the United States Departmentof Defense and had just delivered part of the load toWhiteman Air Force base near Knob Noster, Missouri. Ms.Klaudt was also heading westbound on 50 Highway. Ms.Klaudt had over 4/10 of a mile of sight distance but failed tosee Christopher Taliaferro's tractor or take any evasive actionsuch as swerving or braking before she ran over him frombehind. A videotape showing the highway with a timer thatticked off the 26 seconds it took to travel the distance from thefirst point the truck driver could have seen Chris Taliaferrowas very important evidence at trial.

The plaintiffs were Chris Taliaferro's wife, Michelle, andhis parents, Mert and Keith Taliaferro. Chris and Michellehad been married only six weeks at the time of his death.They met at Central Missouri State University and had datedfor over two years before getting married. Chris grew up ona farm and was very well-acquainted with all kinds of farmequipment. He joined the Kansas Air National Guard during

high school, went to CentralMissouri State Universitywhere he earned a degree inAviation Technology. Hecompleted Officer TrainingSchool and was commis-sioned as an officer in June of2002. He had been in theKansas Air National Guardfor four years at the time ofhis death. Chris had beenselected to go to undergradu-ate pilot training, which has avery competitive selectionprocess. He was going to

complete two years of training and then return to fly for theKansas Air National Guard's 190th Air Refueling wing. Chriswas mowing pastures fora local developer for sixweeks before he was toleave for undergraduatepilot training.

The driver of the semi-truck, Carol Klaudt, washired in violation of aninternal company policythat required Green Valleydrivers to have two yearsof experience. Ms. Klaudtwas hired three days aftershe graduated from truck-driving school. She hadnever held a job as a truck driver before Green Valley hiredher. The evidence at trial showed that Green Valley had vio-lated the two year experience requirement on numerousother occasions.

After the wreck, Ms. Klaudt was not tested for alcohol as

by Stephanie Mitchum Murphy

Elena M. Franco wassworn in as a Judgefor the Municipal

Division of the SixteenthJudicial Circuit Court ofMissouri at a ceremony onFebruary 25 in Courtroom E.

Judge Franco replacedJudge Deborah A. Neal whoresigned from Division 208.

Formerly a criminaldefense attorney, Judge Franco had herown law firm and has become known inthe Kansas City area as an advocate forthe Hispanic community — in part due

to her own Hispanic roots.Her family fled to the UnitedStates from Cuba when shewas a child.

At the investiture ceremo-ny, Judge Charles E. Atwell ofthe Sixteenth Circuit Courtshared some of Judge Franco'sfamily story and her legalcareer.

"This is truly a special occa-sion," he said.

Judge Atwell has knownJudge Franco since 1985 and said withinone minute of knowing her he knew,"she's going to light up any room."

Judge Atwell recounted Judge

Franco's early legal career from his yearsof working with her at a law firm,including the first time she joined him totry a case in the Municipal Court.

"She took to this place like a ducktakes to water," Judge Atwell said.

Judge Joseph H. Locasio presidedover the ceremony which included pre-sentations by Judge John B. Williams,Dr. Thomas Geraghty and the Rev. DukeTufty of Unity Temple on the Plaza.Judge Franco's mother, Puchy Franco,and friend, Rebecca L. Holtsclaw, partic-ipated in the robing ceremony

On the morning of February 28, JudgeFranco reported for her first day on thejob with appointments at City Hall.

AWL Members Henning and Bough get$8 million Verdict in Wrongful Death Case

Elena Franco sworn in as Municipal Court judge

The Hon.Elena M. Frano

R. Denise Henning

When the juryannounced that it hada verdict, the insuranceadjustor asked JudgeRoldan for permissionto make one last phonecall before the juryannounced the verdict.

continued on page 10

Stephen R. Bough


The

Pla

nned

App

roac

h ... (Sing along with us to the Addam's Family Theme Song…)

"They're pre-tax or they're post-tax, you can touch them andyou can roll them, but a bad transfer will tax you, the messyIRAs! Yes, with every private letter ruling and change in thetax law IRAs get more and more complicated. What happenedto the good old days when hiding our money in our mattressand hoping we didn't get robbed equaled a good return?" Ohwell, progress brings change, and that's where we come in.

So you (or your client) has a simple looking little IRA —maybe making a good little return, maybe not — this article isnot about the investment in theaccount — it's about the laws govern-ing the rules of the money when some-thing happens, and the money can nolonger just sit there because someonedied. Death and taxes are inevitable,right? Yes, but with a good diet andexercise we can delay death, and withgood knowledge (and good referencematerial) we can delay taxes.

Let's say you have a client who hasan IRA — and they die. We're going touse your client as the example becauseyou are probably going to live forever, allowing you never tohave to worry about your own personal finances. So yourdead client is sitting on an IRA. And they name a person asthe primary beneficiary, let's say their husband. What now?Most people would say, let him roll it over to his name and callit a day. OOPS! Let's look at what happens:

Hubbie is 4 years older than his now dead wife, who diedat 65 (so he's 69 — for the math impaired). If he rolls it over,he'll have to start taking minimum distributions based on hisage 70½, not based on hers. If he remained as the beneficiaryon her IRA, he could wait and take distributions based on herlife expectancy when she would have turned 70½ — gaining 4more years of deferral! The sooner you have to take it out, thesooner you have to pay the tax. Let's say he was 10 yearsyounger or more (so now let's say he's 55) and needs themoney — then his minimum distributions would be based ona joint life expectancy, allowing him to take minimum distri-butions without getting hit with a 10% penalty if he againremained the beneficiary instead of rolling it over. Or, if he didnot need the money, he could roll it to his name to preserve thedeferral a little longer, but if he does, he can't touch any of ituntil he's 59½ without the penalty. This kind of decision canbe a big deal when a client looses a spouse and needs to plan

for retirement, but also current cash flow.Okay, another client inherits her father's IRA — she has to

take it all out within the next 5 years, right? WRONG! As thebeneficiary, and as a living breathing person, she can insteadlook at the IRS Life Expectancy Table and take it our over herlife time instead. It allows her access to the money, but it cancontinue to compound for the rest of her life as well, giving herpotential lifetime income, and tax deferral. If her dad wasover 70 ½, she can't take it out over her life expectancy, but shecan continue to take his minimum distributions, or speed up

that if she later needs more — in themeantime she has the deferral. Assoon as she inherits it, she shouldname a successor beneficiary — let'ssay her son. If she passed away, hebenefits from the same "stretch". Let'ssay her dad left his money in his com-pany's 401k plan — she's out of luck —no stretch. It's all taxed when with-draws it, and there is no lifetimestretch.

Let's bring this one home. Let's sayyou and your obnoxious brother

inherit your aunt's IRA. She leaves it to both of you 50/50.Your brother wants a new Porshe, because they are shiny. You,on the other hand want the stability and security that onlycold, hard cash can bring. What now? Before you take themoney out, check with the trustee of the investment companyand see if they will "split" the IRA. Most will. Then, yourbrother can dissolve his account and pay taxes, and you cantake the stretch on yours, and have a little extra play moneyevery year while deferring the bulk of the cash until you wantit. Sound dreamy? Tax deferral always is.

These are just three basic examples: throw in a trust, someRoth IRAs, and estate taxes and we have a whole new ball-game. The best thing is to call a third party expert — and wehappen to know a couple that are at the disposal of the AWLmembers…

Stephanie Guerin and Kelly Voitenko are Owners of The Planned Approach, Inc., formore information for you or your clients, you can contact them at 913-649-0827, orcheckout their website at www.financialgoddess.com.Securities and Investment Advisory Services offered through Sunset FinancialServices, Inc., 3520 Broadway, Kansas City, MO 64111. (OSJ) (816) 753-7000, MemberNASD/SIPC. Sunset Financial Services is not affiliated with The Planned Approach, Inc.

Got IRAs?

Death and taxes are inevitable,right? Yes, but with a good dietand exercise we can delay death,and with good knowledge (andgood reference material) we candelay taxes.


Penni Johnson mem

ber profile ...P

enni Johnson

By Kim Fournier

Penni Johnson is a Past President ofAWL who has had a very interesting anddiverse career path. Penni graduatedfrom California State University atNorthridge with her BA in ElementaryEducation, and she received her Mastersin Counseling and Higher Educationfrom Indiana University. She began hercareer as an educator in 1968 when shewas an elementary teacher in the LosAngeles City Schools. She has continuedto be active in the realm of educationwith such endeavors as being anInstructor for the Pioneer CommunityCollege in the Paralegal Program.

Penni is a 1979 graduate of theUniversity of Arkansas School of Law.After graduation, she clerked for theHonorable David Dixon at the Missouri Court of AppealsWestern District. Following that shebegan with Blackwell, Sanders,Matheny, Weary & Lombardi lawfirm where she ultimately madepartner and focused her practice onmedical malpractice defense. Shealso utilized her experience as aneducator to provide personneltraining and school-based problemsolving for the Kansas City SchoolDistrict.

After leaving Blackwell Sandersin 1988, she went back to the pro-fession she had served for so manyyears to become the Dean ofStudents at Gustavus AdolphusCollege in St. Peter, Minnesota. Just a few years ago, shecontinued her career path as an adjunct professor teaching

Human Resources Management in theBaker University MBA program. She alsospent several years as a Co-owner/Operator of the Southmorelandon the Plaza Urban Inn. Most recently,Penni began clerking for the HonorableLisa Hardwick at the Western DistrictCourt of Appeals.

Penni's charity work has includedmentoring a young lady throughOperation Breakthrough, serving on theBoard of Women With One Voice, singingin the Unity Choir, and serving asPresident of the Board for Kansas CityWomen's Chorus. The Kansas CityWomen's Chorus is Penni's current pas-sion. It is a volunteer, not-for-profitorganization dedicated to the quality per-formance of choral music written forwomen's voices. All concerts are per-

formed for the benefit of organizations supporting womenand children. For example, last

spring their “Books for KidsConcert,” supporting the library atGordon Parks Elementary, was ahuge success. Members rehearseonce a week in preparation for twomajor concerts per year, the nextone at Mabee Theatre at RockhurstUniversity in December.

The group has renewed its com-mitment to the growth of theChorus. Penni extends an invita-tion to anyone interested insinging or volunteering for thegroup to contact the Chorus at(816) 292-KCWC. You can also log

onto their website for more information at www.kcwomen-schorus.com.

She began her career as an educator

in 1968 when she was an elementary

teacher in the Los Angeles City

Schools. She has continued to be

active in the realm of education with

such endeavors as being an Instructor

for the Pioneer Community College

in the Paralegal Program.

Penni Johnson

Forty-seven area lawyers attendedthe CLE program entitled, "3rdAnnual Professionalism in the

Profession: Be Civil or Be Sanctioned"held on April 6, 2005, at The CentralExchange in downtown Kansas City,Missouri. This program was jointlyhosted by AWL and The CentralExchange and included a luncheon ofsalmon, cous cous, and salad. The pro-gram featured presentations on civilityin the courtroom by: The Honorable

Ann Mesle of the 16th Judicial Circuit inKansas City, Missouri; The HonorableJohn McNally of the 29th JudicialDistrict Court in Kansas City, Kansas;and The Honorable David Waxse,United States Magistrate, in KansasCity, Kansas. In addition to a questionand answer session, the judges spokeabout a number of topics including theimportance of civility between opposingcounsel and strategies the judges havedevised for dealing with particularly

discourteous or disrespectful attorneys.The judges also addressed the impor-tance of the public's perception of attor-neys and the need to demonstrate a highlevel of professionalism and courtesy toopponents in the courtroom since this isoften the only opportunity members ofthe public have to see our court systemin action, whether such members arejurors or litigants. This program wasapproved for 2.0 ethics CLE hours inboth Kansas and Missouri.

3rd Annual Professionalism in theProfession: Be Civil or Be Sanctioned


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the effect of a criminal conviction, admission, or deferredadjudication.

Many times, the only instance in which it may be possibleto divert a conviction consequence is before it is resolved inthe State or Federal Courts. Under certain circumstances, theresolution that avoids the immigration consequence is con-trary to the natural order of things for prosecutors anddefense counsel alike. It is in these situations that aligningyourself with a proficient immigration attorney, versed incriminal matters, becomes paramount to a successful defense.

Dealing with criminal non-citizens requires vigilance onthe part of the criminal defense attorney to understand boththe plea options and the basic immigration definitions ofcriminal classifications. While many of these definitions maybe found directly in the statutes, some can only be ascer-tained through Agency decisions and regulations. Moreover,it may be inconsequential whether the offense is a misde-meanor, felony, or a civil violation (i.e., violation of a protec-tion from abuse order), and an immigration consequencemay be triggered unintentionally.

Torts/Workers Compensation/ Tax CasesPerhaps the single most difficult consideration in these

areas is dealing with individuals who are completely undoc-umented. Fake documents or an absence of documents makethese areas vulnerable for cases where discovery is difficult.The primary focus in these areas is to ensure that you trulyunderstand your client's situation, the documentary evi-dence, or lack thereof, and the associated risks.

It isn't always easy in busy days with hectic schedules to

go the extra mile to determine the immigration ramificationsto non-citizen clients. However, if effective representation isthe goal, it is imperative that you make it a priority. Theincreasing migrant population in the United States is not like-ly to decrease but in times of heightened immigration inves-tigations your extra efforts are likely to save your clients froman otherwise unexpected, and sometimes life-altering, con-clusion.

Immigration, continued from page 5

required after a fatality accident by theFederal Motor Carrier SafetyRegulations, section 382.303. Section382.303 requires that a truck driver betested for alcohol after an accidentinvolving a fatality. The test is sup-posed to be performed within twohours and, if it is not performed with-in two hours, the company and thedriver are supposed to keep trying toget the test done for up to eight hoursafter the accident. Carol Klaudt wasnot tested. Neither Carol Klaudt norGreen Valley made any effort to getthe test performed. Green Valley hadhired a company called PreferredAlliance to assist with its post-acci-dent and random drug testing, whichis allowed under the regulations.Preferred Alliance was not contactedon the date of the collision. PreferredAlliance was not contacted by GreenValley Transportation until nearly 24hours after the wreck. In addition,Green Valley Transportation's ownerlied in a letter he wrote a few daysafter the accident when he indicatedthat Ms. Klaudt was in the hospital

and unable to have the alcohol testing.Ms. Klaudt was released from theemergency room four hours after thecollision occurred.

"Defense counsel made the mistakeof saying in opening statement thatGreen Valley had accepted responsi-bility from the first moment the law-suit was filed which just wasn't true,"said Denise Henning. "Green Valleytried to act like they were acceptingresponsibility, asked no questions ofthe damage witnesses and admittedthat Chris' death was tragic in aneffort to take the heat out of the caseand lower the damages awarded bythe jury. We were able to use the doc-uments and deposition testimony toshow that the first time Green Valleyhad admitted responsibility was inopening statement."

When the jury announced that ithad a verdict, the insurance adjustorasked Judge Roldan for permission tomake one last phone call before thejury announced the verdict. As aresult, the parties entered into a settle-ment agreement with a high of $5 mil-lion and a low of $2.5 million. Theagreement included a waiver of

appeal rights by both parties. SteveBough said, "Green ValleyTransportation had a total of $5 mil-lion in insurance coverage and since itwas a small trucking company, it didnot have any assets which could havebeen used to collect beyond the insur-ance coverage. The high/low agree-ment allowed our clients to get all ofthe insurance coverage held by GreenValley and not have to go through thelong process of appeal. AIG, theinsurance company, was not willing toenter into the final agreement until itrealized that it was out of timebecause the jury had announced that ithad a verdict."

Judge Roldan submitted aggravat-ing circumstances damages for thejury's consideration. The juryreturned a verdict finding that aggra-vating circumstances existed. DeniseHenning explained, "Aggravating cir-cumstances damages in a wrongfuldeath case are the same as punitivedamages. If the high/low agreementhad not been in place, the jury wouldhave returned to deliberate to awardadditional damages for aggravatingcircumstances."

Henning & Bough, continued from page 7

Support AWL’s 2005 Affinity Members!

Accent TransportationBijin Salon & Day Spa

Cort FurnitureThe Daily Record

Focus Legal SolutionsThe Lazarus Group

Levine Urban Flower & Wine MarketLighthouse Document Technologies

Karen MatulaMorgan Stanley

Persona Salon & Day SpaThe Planned Approach

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Woodside Tennis & Health Club


The Honorable Ann Mesle, Sarah Rittman, and Kori Carew enjoyed theSpring Judicial Reception at Lidia's.

Denise Henning, Kim Fournier, and Mandy Ketchum didn't let bad weather keepthem from socializing with judges and fellow AWL members.

Kito Robinson, Stacy Bunck, and Erika Garret (l-r) enjoyed each other'scompany as well as the wonderful hors d'oeuvres provided by Lidia's at theJudicial Reception.

Spring Judicial R

eception Photos ...

Heather Fibuch Townsend (center) and JulieFullright (right) accepted a $1,500 donation pre-sented to Hope House by President Tracy Powellon behalf of AWL and The Mdivani Law Firm.

AWL SpringJudicial

ReceptionPictures

Awards and Scholarship Chair Jennifer Dameron (left) andPresident Tracy Powell (right) congratulated 2005 AWL Scholarshiprecipient Katie Welch at the Spring Judicial Reception.

Association for Women Lawyers of Greater Kansas CityP.O Box 414557Kansas City, MO 64141

ADDRESS SERVICE REQUESTED

PRESORT STANDARDUS POSTAGE

PAIDPERMIT #5640

KANSAS CITY, MO

SAVE THE DATE!!!

• Friday, September 16, 2005• Teetering Rocks Golf Course

• Lunch at noon, Shotgun start at 1:30• $40, lunch & golf / $15, lunch only

For more information please contact:Molly Williams ~ (816) 333-3931 OR

Commissioner Margene Burnett ~ (816) 881-3761

•••Join us at the next planning meeting on June 2nd!

AWL’s 10th Annual“I’m Not Serious About

Golf Tournament”

awl newsletter, may 2005 final€¦ · link p.o. box 414557 • kansas city, mo 64141 may 2005 •...

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