dissenting: In my opinion, Myron S. Steere was not a public figure on the facts presented to this court for review. He was acting as an officer of the court in his capacity as Mrs. Schoonover’s court appointed attorney. His position with respect to the public was not one of “persuasive power and influence,” nor was he “intimately involved in the resolution of important public questions.” His past participation as a member of the legal profession in his local community is no greater than that of many of his colleagues in the profession. This cannot be translated'by fiction to say he acquired “fame.”
Among other statements in the record the news media published that Myron S. Steere was publicly censured for “the conduct of the defense” of Mrs. Schoonover. This is false.
It is respectfully submitted the judgment of the lower court should be reversed and the case remanded for trial under legal theory upheld in Gobin v. Globe Publishing Co., 216 Kan. 223, 531 P.2d 76 (1975).