KBA recommends continuing legal education rules
By BILL HOCH Kansan Staff Reporter
If the Kansas Supreme Court adopts a recommendation of the Kansas Bar Association (KBA), lawyers in the state will either have to get education or give up their law practices.
The recommendation, which was filed with the court in the form of a motion, asks the court to adopt rules requiring all lawyers in the state to receive at least $250 for their annually to keep their licenses to practice law.
Leonard O. Thomas, president of the KBA, said last week that the recommendation had been made in an effort to improve the quality of legal services in the state.
"I THINK IT IS necessary that all lawyers who represent others must consistently and regularly study the ever changing legal relationships." Thomas said. "To make a minimum of such study a condition of keeping the license would seem to be in order."
Thomas said he thought the quality of legal service in Kansas was generally high. He said the department is one of the few in the country.
reach a *fringe* of lawyers who don't seem to be doing anything to keep up with current trends in the field.
The KBA's motion that the court adopt the proposed rules on continuing education has been placed on the court dock and has been informally considered. According to Thomas, the court is likely to schedule a hearing on the motion in late summer or early fall. If the court adopts the rules, all licensed lawyers in the state will be obliged to abide by them.
The annual 20-hour education requirement isn't limited to law school courses. The proposed rules allow for alternative forms of education, including institutes, seminars and nonlaw school courses. The rules also allow credit for teaching law school courses.
THOMAS SAID THE KBA's Practical Law Review, a review of current trends in the law, which was conducted recently at the University of Kansas, was the type of nonlaw school activity that would count toward a lawyer's continuing education requirement under the proposed rules.
The proposed rules also provide for a Postgraduate Legal Education Board to supervise
and administer the mandatory continuing legal education program. The six-member board would be appointed by, and be an adjunct of the court. The board would comprise three practicing lawyers who have passed away, but two representatives from each of the state's law schools and one Kansas district judge.
The board would be responsible for designating the educational programs that would qualify for credit under continuing education requirements. The board would also designate the number of hours of credit to be given for each course, institute or program.
THE PROPOSED RULES provide a penalty of suspension from the right to practice law for any lawyer who fails to file a report before court proceedings, or completed the 20 hours of education during the previous year.
Lawyers would file their reports with their annual registrations with the court. Currently, lawyers in Kansas are licensed to practice law on the basis of payment of an annual registration fee after they have been admitted to the bar. The bar examination after law school comes early in a lawyer's career
and serves as the only test of a lawyer's competence.
The proposed rules are the product of two committees of the KBA, the Committee on Postgraduate Legal Education and the Continuing Legal Education Committee. The latter committee recommended continuing education rules to the general assembly of the KBA convention in 1973. These proposed rules, which provided for 120 hours of training per semester a year, were generally more demanding than the current proposed rules drafted by the Committee on Post Graduate Legal Education.
ONE KU PROFESSOR of law familiar with the KBA proposal said he thought the 20-hour requirement was being offered as a reasonable compromise to those who have said the 120-hour requirement was onerous. He also said it was desirable to determine whether the smaller requirement could be effectively administered before requiring more hours.
It's definitely a good idea," he said, referring in general to the proposal. "For years the KBA has been considering this matter. They have studied various plans, and this current proposal reflects
their considered judgment. I think it's a very good plan."
The professor said one problem with the program would be to make certain that educational programs were of high quality and high interest so that the requirements for additional education served their intended purpose of improving legal services.
ONE LOCAL LAWYER ALSO react favorably to the education proposal. He said that some lawyers who had been out of law school for many years might find the proposal troublesome, but that most lawyers needed education beyond their degrees.
"Anyone can learn more," he said. "Anyone who
doesn’t getting a little more education is a hardship (is)
not worth it."
There is some concern that the continuing education proposals may lead to a requirement for an annual exam for lawyers who want to keep their licenses. The requirement for the exams might lead lawyers to integrate an integrated bar in Kansas. Some lawyers think wouldn't be in the best interest of the profession.
See KBA page 10
KANSAN
THE UNIVERSITY DAILY
Budget to get last review
Vol. 85—No.133 Thursday, April 24, 1975
By RICHARD PAXSON
Kansan Staff Renorter
TOPEKA-The Kansas Legislature is expected to give final consideration today to the University of Kansas budget for fiscal 1976, a spokesman for Senate President Richard Rogers, R-Mannhattan, said Wednesday night.
ference committee when there were objections in the House to a $15,000 appropriation for the purchase of malpractice insurance for students at the KU Medical
The University of Kansas Lawrence, Kansas
final adjournment would come Wednesday night, but adjournment has been delayed by debate on legislation strengthening the role of state employees and increases for state employees and legislators.
Action by the House and Senate on a conference committee report on the budgets of the state colleges and universities had been expected Wednesday, but a new controversy last night forced the bill to be sent to a second conference committee.
The House had rejected, earlier in the session, several bills demanding bills for the charter of the insurance
The appropriations bill was originally sent to the first conference committee just before the legislature began a 10-day recess April 10. The conference committee was appointed by the Senate and items changed by the Senate in the version of the bill passed by the House.
The second conference committee is expected to make its report today after the meeting.
The major point of disagreement was a $700,000 appropriation for the construction of a cow barn at Kansas State University cut from the bill by the Senate. That conflict was resolved and the first conference was held on November 5th Wednesday. The bill then went back to both the House and Senate for approval of the committee version.
The bill had to be sent to a second con-
The legislature may adjourn this afternoon the senksman for Rogers said.
Legislation for registers
In other legal cases, both houses approved a conference committee version of a controversial landlord-tenant bill. Deleted from the bill was a provision
that allowed tenants to deduct from rent payment the landlord refused to make.
Included in the bill were limits on the amount of security deposits on rental property and legal provision for the return of security deposits to tenants, a statement of the basic responsibilities of landlords and tenants and a prohibition against retaliation by landlords when tenants complain to government agencies or join unions.
KUAC faces complaint
By JOHN JOHNSTON
Kansan Staff Reporter
A complaint was filed with the Office of Affirmative Action Wednesday afternoon charging the University of Kansas Athletic Corporation (KUAC) with discriminatory practices in violation of the Code of Student Rights, Responsibilities and Conduct.
Wendell D, Barker, Hutchinson sophomore, said he had filed the complaint because recent amendments to KUAC's bylaws excluded white male students from
consideration for appointment to the athletic board.
The new bylaws that Barker is protesting were approved March 12. They require student membership on the board to include one woman and one minority person. There are four student positions on the board: the student body president, the chairman of the board, the vice chairman, and two students appointed to two-year terms by the student body president.
The current student body president and the Sports Committee chairman are both
white males. Therefore, the two remaining positions are open only to minorities or
Barker claims the rules are in violation of Article 10 of the Student Code, which states, "A student may not be denied the rights of access to and participation in any university sponsored or university approved activity because of race, religion, ethnic background, political affiliation, or sex unless sex is a bona fide qualification."
City investigates Modern Guide
By BRENT ANDERSON
Kansan Staff Reporter
The City of Lawrence is investigating possible zoning violations by Modern Guide to Buying, Inc., a discount buying service in Denver and the state of Argo Apartments, 11th and Missouri.
Ed Covington, minimum housing code inspector for the city, said Wednesday that he had given Modern Guide a verbal warning that it appeared to be in violation of the city'soning regulations and that it would have to halt its business operations.
Covington said modern Guide was "100 per cent cooperative" in his request to cease operation, and that it would be moving in Mav.
LISA SMALL, OFFICE manager for the Lawrence Modern Guide to Buying office, said she agreed to take the business's sign off. "The guide would allow leave Lawrence in three weeks."
Small said she planned to continue operating until then.
Small said she had no idea whether Modern Guide was in violation of zoning regulations, but said, "I'm sure we are he says we are."
Covington said he had told Modern Guide it would be required to contact the planning department of the city before it left to be rebuilt. He said he was unsure if it planned to return to Lawrence.
Modern Guide plans to return to Lawrence in September, Covington said, and the city wants to be sure it compiles with zoning regulations when it returns.
COVINGTON PLANS TO meet with former employees of Modern Guide today to determine the type of work practiced by them the 11th and Missouri apartmentplex
Modern Guide to Buying, Inc., is a subsidiary of The Buying Service, Inc., The Buying Service headquarters is in Kansas City, Mo.
The Modern Guide operation in Lawrence consists of calling seniors and graduate students from the University of Kansas and providing them with job opportunities if they would come to the Modern Guide offices and listen to a 45-minute presentation about Modern Guide's mission. The guide also works with Susie Reese, Merriam sophomore, and other former Modern Guide employees.
When people attend the presentations, they are told that they will get a chance to join Modern Guide to Buying at special rates, Reese said. They are told that to receive these special offers, you join the guide or use the offer will never be extended to them again, she said.
THE SPECIAL RATES are $100 a year plus a $24 service charge, or $400 for a lifetime membership plus $24 per year service charge, she said.
Reese, who was employed by Modern Guide for about one month in February and March, said she was told by Small not to tell anyone that Small lived in the apartment, which served as the office for Modern Guide.
Two other former Modern Guide employees, who asked not to be identified, also said Small had told them not to tell anyone she lived there, because she didn't want anyone to bother her when the office was closed.
"We asked about getting fired because there were ads in the Kansan and they were interviewing more girls," Reesse said. "They said we were going to hire a couple of new people in case anyone was sick or wanted a day off."
"I never lie to anyone," Small said. "I told them they won't be fired as long as they did the job. I have statistics that show anyone who wants me to can I show anyone who wants to know."
"Whenever any of us asked about their business practice, Liza (Small) would get buffy and tell us what we were doing if we thought they were doing anything wrong." Reese said.
Reese said that she didn't know whether Modern Guide was doing anything illegal, but that the business was being misrepresented.
Small denied that she ever told the girls to meet men and foreign students that the position was for them.
REESE SAID SHE and three other girls had been fired by Modern Guide without notice one day after Small had assured them they weren't going to be fired.
Small instructed the employees to tell any males or foreign students that the positions had been filled if they called, Reese and two other former employees said.
Small said the statistics concerned the women's productivity in their jobs.
"BY FEDERAL LAW we must take
applications from anyone who wants to apply." Small said.
One of the former employees said Small had warned her to be careful what she said about Modern Guide.
"She told me slander was a serious thing," the former employee said.
Carol Boone, director of the Consumer Protection Association, said that her office received 10 to 15 inquiries about Modern Guide each week, and that some students had complained about getting several calls from the group.
Small said some people were called more than once because of a mix-up in their card filing system. She said that if someone said she was the manager's service, the cards were thrown away.
Small said she wouldn't be returning to Lawrence next fall, but would be in Columbia. David said another graduate of Modern Guide would be in Lawrence next fall.
Barker also charges in his complaint that the Student Senate has allocated student activity fees to KUAC in violation of Article 11 of the Student Code, which states that groups can't be funded unless they abide by the code's provisions.
At the time the bylaws were passed, Rolfs said they should be changed because they were discriminatory. He introduced a motion at a KUAC board meeting April 2 to remove the defacto #7-7. Nothing has been done since that time about the regulations.
Barker says in the complaint that his application for appointment to the board had been turned down by Ed Rolfs, student body president, because of the bylaws.
Rufs said Wednesday he agreed with the principle of Harker's complaint. He said he wanted to see fair representation of all students who didn't think a quota system was the answer.
Bonnie Ritter Patton, director of the Office of Affirmative Action, said at the time of the original controversy that she thought the bylaws were in the spirit of affirmative action. However, she said Wednesday that the normal procedure for affirmative action was Barker's complaint. If the disagreement can't be resolved through her office, the complaint may be taken to the University Judiciary by Barker, she said.
Bearded bard
By Staff Photographer BARBAKA O'BRIEN
Robert Kelly, poet in residence, answers questions while preparing to read his poems Wednesday night before about 100 people in the Kansas Union. Kelly, a professor of English at Bard College in New York, read poems ranging in the topie from the privacy of bathrooms to the birthday of Edward Grier, professor of English at KU.
Group challenges utility's rates
By SUSIE HANNA Kansan Staff Reporter
Flip an electric light switch on — it's easy. But it's getting rough, costly all the time.
But it's getting more costly all the time. In March, for example, the average electric bill for a Lawrence resident was $286 in May, up from $230 months ago. Most of the increase was caused by a fuel cost adjustment fee which went into effect Oct. 23, 1973.
The Kansas Corporation Commission (KCC), which regulates utility companies in the state, granted Kansas Power & Light Co. (KPAL) the use of a fuel adjustment clause. It permits KPAL & to pass on increased fuel costs to its customers.
Natural gas, KP&L's main generating fuel, is purchased from fields in south central Kansas and from the Mesa Petroleum Co.
In March the fuel cost adjustment fee was
$390 per month, but the "weary" years from month to month.
Thus, if a residential customer used 500
kwh, the bill before the fuel cost adjustment fee would have been about $13.30, computed with a minimum charge of $4.10 for the first with plus 2.3 cents per kwh for the excess.
With the fuel cost adjustment, the March bill for 500 kwh was $15.86. Add to this the rate increase of about 6 per cent for the summer effect on total month effect March 10, and the total is $17.66.
Austin Stedham, KP&L's district manager, said last week. "Shortages of natural gas have forced us to burn more costly fuels."
He said alternative fuels, such as coal and oil, were up now to four times more expensive.
"The era of cheap fuels is over," he said.
"I'm frankly very pessimistic about the
Stedham said he foresaw increased costs for electricity as the gas shortage became more acute and fuels became more expensive.
future. I don't look for any gas cost decreases."
For the past several weeks, PEPs 18 to 20 members have been preparing for presentations to be given to community groups, such as the Knights of Columbus and the Lawrence League of Women Voters, to support for a publicly owned utility company.
Consumer groups in Portland, Ore., and Berkeley, Calif., successfully petitioned for
The People's Energy Project (PEP), a group based in Topea and Lawrence, which organized in late November, is advocating a referendum to change KP&L from a private, investor-owned company to a publicly owned company.
The continuing increase in electric bills has spurred the organization of consumer interest groups across the country. The groups aren't only protesting rising costs, but they are also raising the question of who should own utility companies.
referendums on public utilities, but they failed on the ballot.
A privately owned utility can be changed to a publicly owned utility through a tender. The company issues revenue bonds for the transition. Petitions bear signatures of at least 25 per cent of the number who voted in the last general election are needed to call for a new
Advocates of publicly owned utilities say that the transition would make electric rates lower and that a community-operated electric service is more responsive to consumer interests.
PEP members testified at the rate heartbeat before the KCC in December when KPML requested a 13 per cent increase. The KCC also requested an 8.4 per cent increase. The KCC granted an 8.4 per cent increase.
The 8.4 per cent increase is an average for the 165 incorporated towns and 100 unincorporated towns.
See PUBLIC page 9