e.Bulletin for January 2015

MESSAGE FROM PRESIDENT JAMES D. GILSON

election2013_JGilsonHappy New Year! 

I’m pleased to announce that U.S. Supreme Court Justice Anthony Kennedy agreed to be our keynote speaker for our Summer Convention in Sun Valley.  New online lodging reservations available here.

The Spring Convention in St. George on March 12-14 is completely set.  Please visit these pages to review and attend:  schedule, lodging, and online registration.

We are now in the 800th anniversary year of Magna Carta:  see the Bar Journal article about the traveling exhibit and high school competitions and a general article on Magna Carta.  And be sure to encourage high school students to participate in the competitions.  Advertising space is now available for the Magna Carta/Law Day special edition in The Salt Lake Tribune and Deseret NewsLaw Day 2015.
Continue reading

Utah woman posed as lawyer, defended client, cops say

http://www.cbsnews.com/news/utah-woman-posed-as-lawyer-defended-client-cops-say/

SUMMIT COUNTY, Utah – Authorities in Utah say a woman impersonated an attorney and even went as far as defending a client and signing court documents, reports CBS affiliate KUTV.

Karla Carbo, 29, was arrested Tuesday in Summit County and charged with identity theft, forgery and communications fraud.

Authorities say Carbo assumed the identity of a legitimate attorney with a similar name and used the attorney’s Utah State Bar identification number, reports the station.

Officials say Carbo impersonated the lawyer on Dec. 23 when she appeared in the Third District Court of Summit County to represent a suspect in a 2008 criminal case, according to the station.
Continue reading

e.Bulletin for December 2014

MESSAGE FROM PRESIDENT JAMES D. GILSON

election2013_JGilsonSeason’s greetings!

Please join us in helping local shelters this Friday, December 19 for the 25th Annual Food and Clothing Drive.  Drop off your items at the Bar from 7 a.m. to 6 p.m. at the back doors of the Bar where volunteers will help you unload your donations.  Click here for details.

I’m pleased to announce that the Bar has established a Commission on the Future of Legal Services in Utah to evaluate issues resulting from developments in technology and globalization, as well as changes in demographics and economics.  The charge and scope of this Futures Commission is to “gather input, study, and consider the ways current and future lawyers can provide legal and law-related services to the public, especially to individuals and small businesses.”  If you have thoughts on this issue, please contact me or co-chairs Nate Alder, nathan.alder@chrisjen.com or John Lund, jlund@scmlaw.com.
Continue reading

Utah State Bar Warns Citizens of Scam Artist Acting as Attorney

Unsuspecting clients fall victim to fraud.

Mary Ann Lucero / Dipoma courtesy Salt Lake County

Mary Ann Lucero / Dipoma courtesy Salt Lake County

Imagine someone impersonating an attorney helping you obtain proceeds from your spouse’s life insurance policy only to have your “attorney” steal the proceeds.  Envision paying for help with a foreclosure only to lose your home to the person who was purporting to help you.  At least these people retained their freedom; one man in jail lost $850 that his mother paid for legal assistance that never materialized.  These unfortunate victims have one thing in common:  Mary Ann Lucero, also know as Mary Ann Dipoma, who is not an attorney, but operates under the name of Wasatch Legal and Collection Services.
Continue reading

e.Bulletin for November 2014

MESSAGE FROM PRESIDENT JAMES D. GILSON

election2013_JGilsonJudging the Judges—Thanks to the Park City Bar Board of Directors for their timely Park Record guest editorial on judicial retention elections. See Judging the Judges. Information about all judges who are up for retention election in each voting district is at www.judges.utah.gov. Utah now has one of the most comprehensive judicial evaluation programs in the country. Please share this resource with others for Election Day tomorrow.

The November 20-21 Fall Forum is two weeks from Thursday. See these links for the schedule and to register (you will be directed there once you are logged into your Bar account). Save $25 with early registration before this Friday, November 7. I hope to see you at the Ethics Forum and the Meet Your Judges Mixer on November 20.
Continue reading

Notice of Approved Amendments to Utah Court Rules

The Utah Supreme Court has approved amendments to the following court rules. The amendments are effective November 1, 2014, unless otherwise noted. Summary of approved amendments  Rules of Criminal Procedure

  • URCrP 40. Search warrants. Amend. Provides a process for extending the sealing of search warrant records.

Rules of Appellate Procedure

  • URAP 005. Discretionary appeals from interlocutory orders. Amend. Sets a page limit for a petition for permission to appeal and describes how relevant documents may be referenced; provides that a response to a petition for permission to appeal will not be received unless requested by the court; and provides that cross-petitions for permission to appeal are not permitted.
  • Continue reading

Judging the Judges

ParkCity residents will have the opportunity on Tuesday of voting whether to retain a number of Utah state judges, including Judge Ryan Harris, who serves in Summit, Salt Lake, and Tooele Counties, and presided over the lawsuit between Park City Mountain Resort and Talisker Land Holdings, LLC.  As one recent article in the Park Record suggested [PCMR v. Talisker: the Judge Faces Voters on Election Day], “[if] voters are unhappy with the judge, they could sign a de facto eviction order against Harris on Election Day.”  A clever turn of phrase, but this statement suggests that voters should not vote to retain a judge where they take issue with the outcome in a specific case.  We disagree.  Instead, we urge voters to take a different, more principled approach.
Continue reading

President-Elect Angelina Tsu named to NAPABA Best Under 40 List

Utah State Bar President-elect Angelina Tsu One of the Best Lawyers Under 40

 National Asian Pacific American Bar Association recognizes 21 attorneys in U.S.

The National Asian Pacific American Bar Association (NAPABA) has selected 21 attorneys to receive the 2014 Best Lawyers Under 40 Award, including Utah State Bar President-elect Angelina Tsu.  The award recognizes talented individuals who have achieved prominence and distinction in their respective fields while demonstrating a strong commitment to the community at relatively early stages in their careers.

Angelina Tsu, who has served on the Utah State Bar Board of Commissioners since 2010, was sworn in as president-elect in July.  She co-chaired the Bar’s Committee for Civics Education and served as President of the Young Lawyers Division.  She currently serves on the Boards of Women Lawyers of Utah, the Association of Corporate Counsel (Mountain West Division), and the Utah Minority Bar Foundation.  She is a member of the Merit Selection Panel, which is the judicial nominating commission for Federal Magistrate Judges.
Continue reading

e.Bulletin for October 2014

election2013_JGilsonThanks to the 200 judges, lawyers, law students, and law school staff who participated in the Constitution Day Teach-in.  They taught 300 classes throughout Utah, a 50% increase from last year.  Our next school civics project will be Magna Carta essay and video contests.  We will present student awards at the traveling exhibit Magna Carta: Enduring Legacy 1215-2015 as it makes stops throughout Utah in April.  Watch for upcoming details at http://lawday.utahbar.org/ about the contests and the exhibit schedule.

The November 20-21 Fall Forum is happening soon.  See these links for the schedule and to register (you will be directed there once you are logged into your Bar account).  The Ethics Forum and the Meet Your Judges Mixer on Thursday evening, November 20, is not to be missed. All state, federal, and justice court judges, as well as commissioners and magistrates, have been invited to attend.
Continue reading

2014 Constitution Day Reflections

“An attorney’s work must be pretty cool.”
–Reflections of a fourth-grader on Constitution Day.

This fourth-grader’s perspective on being an attorney resulted from the Constitution

2014 Constitution Day Cinderella Testifies

Cinderella Testifies

Teach-in by 200 judges, lawyers, law students, and law school staff in celebration of the 225th anniversary of the U. S. Constitution.  The volunteer instructors taught 300 classes throughout Utah on and around Constitution Day, September 17.

This was the third year of the teach-in sponsored by the

The Glass Slipper

The Glass Slipper

Bar’s Civics Education Committee.  Co-chair Benson Hathaway said, “We are so pleased that the number of volunteers increased by one-third and that they taught half again as many classes as last year.  We’re looking forward to our biggest year yet in 2015, the 800th anniversary of Magna Carta—the world’s most enduring symbol of the rule of law.”
Continue reading

Judicial Vacancy – 3rd District Court

Applications are now being accepted for the position of district court judge in the Third District Court. (Counties include Salt Lake, Summit and Tooele.) This position results from the confirmation of Judge Kate Toomey to the Utah Court of Appeals. Completed applications must be received by the Commission on Criminal and Juvenile Justice no later than 5:00 pm on Friday, October 24, 2014. The complete notice of vacancy and application forms can be found here:  http://judicialvacancy.utah.gov/.

Former Utah Bar President Lori Nelson Appointed Chair of ABA Family Law Section

SOURCE: http://utahpulse.com/index.php/features/business/1238-jones-waldo-s-lori-nelson-appointed-chair-of-american-bar-association-family-law-section

Jones Waldo’s Lori Nelson Appointed Chair of  American Bar Association Family Law Section

on .

Former Utah Bar President Lori Nelson

Former Utah Bar President Lori Nelson

Lori W. Nelson, a veteran litigator with Salt Lake City-based Jones Waldo, was sworn in last month as the incoming chair of the American Bar Association Family Law Section.

In this role, Nelson will oversee the association’s governing body  and more than 10,000 lawyers, associates and student members throughout the world.

Nelson, a Driggs, Idaho native, has practiced domestic law with Jones Waldo for the last eight years. While with the firm, Nelson has held leadership positions on the Jones Waldo board of directors, and is the group leader of the firm’s Domestic and Family Law practice group.
Continue reading

SJQuinney Law School: An Interview with Utah Bar President James Gilson

Source: http://www.law.utah.edu/news/be-diligent-have-courage-be-a-good-listener-an-interview-with-utah-bar-president-james-gilson/ - Posted on 

James Gilson, ’89, is the current president of the Utah State Bar. In the interview below, he describes the bar’s current activities, reflects on how legal education has changed in the past 25 years, and offers practical advice to young attorneys, including the importance of putting the client’s best interests first.

What inspired you to run for office?  

Time will tell if it was an inspired or a bad idea, but so far so good!  Throughout my career I have enjoyed being involved in pro bono and other volunteer community work to help me keep grounded in my practice–to keep perspective on what’s really important.  I’ve found that interacting with other lawyers on Bar or other community matters on a win/win, non-adversarial basis provides satisfaction and hopefully we’ve done some good.  Bar service is a good anecdote to becoming cynical.  Back in 2008, there were two openings on the Bar Commission and I decided to run for one of the seats.  After being on the Commission for five years, and realizing I was one of the more senior members, I decided it was my turn to step up to the plate as President.  No one opposed me in that election.  I like to think that I won by acclamation, but it probably was more by default.
Continue reading