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 →
Judging 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 →
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.
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 →
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 →
Thanks 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 →
“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
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
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 →
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/.
Jones Waldo’s Lori Nelson Appointed Chair of American Bar Association Family Law Section
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 →
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 →
Classes are now available for the third annual September 17 Constitution Day Teach-in, for grades 5 through 12, with availability September 15-19. Most classes are less than one hour long. Helping young people understand the role of lawyers and the justice system is very enjoyable, makes a big difference in the classroom, and generates a lot of good will for our profession. Click here to select a class to teach. It’s easy to do: teach your own lesson or follow the lesson plan devised by the Bar’s Civic Education Committee (Co-chaired by Ben Hathaway and Gabe White). An optional program review will be at the Law & Justice Center on Thursday, September 4, at 5 p.m. or Friday, September 5, at Noon; on-line video available next week; one-hour CLE credit for any option. Click here for lesson plan and CLE registration. Continue reading →
The Utah Judicial Council invites comments to the following proposed court rules.
The comment period expires on October 14, 2014.
Summary of proposed amendments
CJA 03-0104. Presiding judges. Amend. Outlines the final determination for purposes of a case under advisement. CJA 03-0403. Judicial branch education. Amend. Requires new judges to attend the first orientation program held after they have taken the oath of office. Provides an exception if attendance is excused by the Management Committee based on good cause. CJA 04-0202.02 Records classification. Amend. Makes actions to remove an individual from the National Instant Background Check System private. Makes Qualified Domestic Relations Orders private. CJA 04-0403. Signature stamp use. Amend. Provides for a clerk’s use of a judge’s or commissioner’s electronic signature when the clerk otherwise has permission under the rule to use the judge’s or commissioner’s signature stamp. Continue reading →
SALT LAKE CITY — The Utah State Bar has long championed broader access to the justice system.
Its “aspirational goal” is that each lawyer licensed to practice in Utah donates 50 hours of pro bono representation a year, says Utah State Bar president James D. Gilson.
“If someone has a legal problem and they can’t afford to hire a lawyer, they’re at a real disadvantage in the system. We think that lawyers who have law licenses have an ethical duty to provide pro bono legal representation,” Gilson said.
While the Bar doesn’t police that expectation, Gilson said most lawyers meet that goal. “A lot of them do a lot more than 50 hours a year,” he said. Continue reading →
The Utah State Bar is again planning its Constitution Day Celebration. The Bar will be partnering with local schools September 17th to teach elementary, junior high and high school students about separation of powers and the importance of an independent judiciary.
The Bar is looking for volunteers to present to different classrooms. Classes range in time from 50-90 minutes and take place across the state. Please consider reserving some time in your schedule to volunteer. Last year’s participants reported spending between 3-6 hours total on the project (preparation and presentation). The Bar will provide a lesson plan needed to complete the project and we will also be holding two 1-hour training CLEs to review the materials and consider some teaching techniques on September 4th at 5:00 PM and September 5th at noon. One hour of CLE credit will be given to those who attend the training and teach a Constitution Day class. Continue reading →