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Continuing Education Promoting Collaborative Forensics

FRIDAY, SEPTEMBER 29, 2017, 9:00 A TO 5:00 P
MEMORIAL HALL; SECOND LEVEL; GOLD AND BLACK ROOM
FORT HAYS STATE UNIVERSITY
700 COLLEGE DRIVE; HAYS, KANSAS

DISCLOSURE, DISCOVERY, DAUBERT, DIVORCE, AND KANSAS AS PARENT
How the Daubert Standard Affects Evidence Collection in Child-Related Legal Proceedings

​SCHEDULE OF THE DAY FOR THE HAYS PRESENTATION

DISCLOSURE, DISCOVERY, DAUBERT, DIVORCE, AND KANSAS AS PARENT​

​How the Daubert Standard Affects Evidence Collection in Child-Related Legal Proceedings

A PAIR OF COMPLEMENTARY SEMINARS ​TO BE PRESENTED AT

MEMORIAL HALL; SECOND LEVEL; GOLD AND BLACK ROOM
FORT HAYS STATE UNIVERSITY
700 COLLEGE DRIVE; HAYS, KANSAS


8:45-9:00      Opening remarks, housekeeping


MORNING SESSION: THE MAKINGS OF AN EXPERT WITNESS

9:00-10:00---The Problem: Negative Impacts of Procedures and Bias; Positive Impacts of Daubert and Hutchison
    Timothy Davis, Ph.D.; David Mouille, Ph.D.; Charles Worden, J.D.
Any professional can violate Kansas law by doing too good a job. It’s called implicit bias, and it is quite common in child-related litigation. This session contains a video and a discussion of a professional trying to do a good job, but seriously damaging a family and a court process. Hutchison was decided in 2012, and Daubert became Kansas law in 2014. Both significantly affected the way Kansas forensic mental health examiners do their work and the way Kansas legal professionals react to the testimony of forensic mental health experts.

10:00-12:00     What Courts Need to Make Decisions: Laws, Procedures, Rules, and Regulations
     Sue Boldra; Timothy Davis, Ph.D.; Gerald Gentry, Ph.D.; Paul Oller, J.D.; 
Charles Worden,J.D.            
Forensic experts provide the judicial system with information needed to make decisions. Satisfying this responsibility requires potential experts to stay abreast not only of advances within their professions, but also of shifts in laws and legal procedures. Recent changes in Kansas law have deprived forensic mental health professionals of the opportunity to answer questions from the judicial system with the words “It is my professional opinion.” Here a panel of four experienced professionals explain the rules and regulations controlling forensic mental health practice, the futility of viewing money as a solution to the problem, and the need for continuing education and training.

AFTERNOON SESSION—THE LEGAL AND ETHICAL USE OF AN EXPERT WITNESS

1:00-2:00         Vetting an Expert
     Charlene Brubaker, J.D.; Tisha Morrical, J.D.; Paul Oller, J.D.; Todd Powell, J.D.; Charles Worden, J.D.    
Does your expert know the difference between Fed. R. Evid. 701 and 702? What about Fed. R. Civ. P. 26(a)(2) and Brady? What else should be checked during vetting? 

2:00-3:00         Cross Examining an Expert
     Charlene Brubaker, J.D.; David Mouille, Ph.D.; Paul Oller, J.D.                              
In the first thirty minutes of this session, Mr. Oller, a defense attorney, will cross examine Dr. Mouille while the doctor pretends to be an expert for the prosecution. In the second thirty minutes Ms. Brubaker, a prosecutor, will cross examine Dr. Mouille while the doctor pretends to be an expert for the defense.

3:00-4:00         Ethics and Experts
     Charlene Brubaker, J.D.; Tisha Morrical, J.D.; Paul Oller, J.D.; Todd Powell, J.D.; Charles Worden, J.D.
Relating to an expert witness poses ethical questions for even the most experienced of attorneys. What is an ethical response to credible information your expert is being systematically intimidated by a workplace regulation or an insurance company? Does it violate legal ethics to ask an expert to violate professional ethics? Is it ethical for an attorney to edit an expert’s report in any way? 

4:00-5:00         Ethics of Discovery and Disclosure
    Charlene Brubaker, J.D.; Tisha Morrical, J.D.; Paul Oller, J.D.; Todd Powell, J.D.; Charles Worden, J.D.
With the articles from Volume 52#1 of the Washburn Law Journal as a springboard and with references to actual Kansas situations, this group of attorneys delves into the Kansas Rules of Professional Conduct and legal ethics of discovery and disclosure.

                        NOTE: Presenters may change, but topics and format will not.

COMMENTATORS

Sen. Richard Billinger; Sheriff Ed Harbin; Rep. Eber Phelps; Officer Steve McCorkill