Bar Convention in Sun Valley – please come!

Dear Colleagues:

election2013_JGilsonIt’s not too late to register to attend the Bar’s Summer Convention in Sun Valley on July 29 – August 1: great location, great CLE and recreation opportunities, and a chance to socialize with colleagues and meet new ones.

This year has been an immersion in the history and influences of Magna Carta, and two keynote speakers will continue that discussion.

U.S. Supreme Court Justice Anthony Kennedy will speak about Magna Carta on July 30, and has agreed to a Q&A session.  Justice Thomas referred to Magna Carta extensively in his recent dissent in the same sex marriage case Obergefell v. Hodges (in defining “liberty”), so there could be some very current questions about this 800 year-old document.
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The Guardianship Signature Program Invitation

YOU ARE INVITED…

2015_guardianship_logo_lgto help pioneer the newest signature program endorsed by the Board of District Court Judges and the Bar Commission.

The Guardianship Signature Program provides judges with a list of lawyers who are willing to represent respondents in guardianship and conservatorship proceedings. The representation is for free or on a sliding scale if the client’s income qualifies, or for reasonable and necessary attorney fees if the client’s income is more than 300% of the federal poverty guidelines.

To volunteer for this Signature Program, visit:
https://www.surveymonkey.com/s/UtahBarProBonoVolunteer
and select both the Guardianship Signature Program and
the districts where you are willing to accept appointments.

Additional information & a free online training are available on the Utah State Courts website at http://www.utcourts.gov/howto/family/gc/signature/ 

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e.Bulletin for May 2015

election2013_JGilsonMESSAGE FROM PRESIDENT JIM GILSON

Congratulations to the following who were elected to the Board of Bar Commissioners:  Rob Rice as Bar President-elect, Kate Conyers and Michelle Mumford representing the Third Division, Liisa Hancock in the Fourth Division, and Kristin Woods for the Fifth Division.  Thanks to all of the candidates for great campaigns and thoughtful involvement in the Bar and the profession.

Bar President Elect Angelina Tsu and Commissioner Rob Rice are co-chairs of the Bar’s Affordable Attorneys for All task force, formed to develop new solutions to make legal services more accessible to the middle class.  The AAA task force is looking for volunteer lawyers in our Bar, and non-lawyers in our community, to serve on this critical committee.  This new initiative represents an excellent opportunity to help shape the practice of law in Utah, strengthen our profession, and improve access to justice in Utah.  Please write to adminasst@utahbar.org if you would like to participate.  AAA will focus on:
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e.Bulletin for April 2015

MESSAGE FROM PRESIDENT JIM GILSON

election2013_JGilsonDon’t miss out on seeing the Traveling Exhibit on Magna Carta. It is very interesting and has been well-received by the public. It provides us with a positive opportunity to discuss the rule of law and the constructive contributions of lawyers and the courts. Please encourage your family, friends, and clients to see the exhibit during this limited opportunity. The exhibit got off to a great start at the Bar open house last Friday and at the Salt Lake City Library on Saturday. The exhibit was at the Washington County Courthouse in St. George earlier this week, where many public visitors came, including groups from Dixie State University and Canyon View High School (Cedar City). Upcoming stops are in Orem, Logan, Ogden, and then back to Salt Lake City on April 15-19. Click here for the exhibit schedule and highlights; please share this with your contacts. There is a free CLE for attorneys and judges next Wednesday, April 15 at 12:30 p.m. at the Matheson Courthouse, Magna Carta as an American Charter of Liberties, by Law Library of Congress Curator of Rare Books Nathan Dorn; attorney CLE registration. Nathan Dorn was the curator of the traveling exhibit and you can see it with him at 1:30 p.m. in the Rotunda following the CLE. Law Day advertising is being accepted through April 14; see reservation form.
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Op-ed: 800 years ago, Magna Carta was the start of rule by law

http://www.sltrib.com/opinion/2307294-155/op-ed-800-years-ago-magna-carta

By James D. Gilson

image

Eight hundred years ago on June 15, 1215, King John and a group of rebellious barons met on a grassy meadow at Runnymede, England, to forge an accord to avert civil war. Although the agreement failed to prevent conflict, clauses in the document, eventually known as Magna Carta (the Great Charter), became the first significant step in a process of guaranteeing constitutional freedoms that continues today:

39. No free man will be arrested, or imprisoned, or disseised, or outlawed, or exiled, or in any other way ruined, nor will we go against him or send against him, except by the lawful judgment of his peers or by the law of the land.
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e.Bulletin for March 2015

MESSAGE FROM PRESIDENT JAMES D. GILSON

 

In April, we will have an opportunity to vote for a new Bar President-elect and Third, Fourth, and Fifth Divisions Bar Commissioners.  Please visit election details for information on the candidates.  Here is the field of excellent candidates:

 

  • President-elect:  Robert Rice and Tom Seiler
  • Third Division Commissioner (two openings):  Kate Conyers, Janise Macanas, and Michelle Mumford
  • Fourth Division Commissioner (one opening):  Liisa Hancock and Tom Seiler
  • Fifth Division Commissioner (one opening):  Aaron Randall and Katie Woods

Also in April, the Magna Carta Traveling Exhibit will be touring Utah.  Local Bar associations are putting together some great events in St. George, Orem, Logan, and Ogden; click here for the exhibit schedule.  And for those on the Wasatch Front, please stop by after work on Friday, April 3, from 4 to 6:00 p.m. to see the exhibit and enjoy a reception at the Utah Law and Justice Center, 645 S. 200 E, SLC.  We are planning a Magna Carta Gala Celebration on the evening of April 14 at Rice Eccles Stadium, where Chief Justice Durrant and Governor Herbert will be speaking.  Please write to magnacarta@utahbar.org if you are interested in attending.  We are looking forward to hearing what Utah students write about Magna Carta; please encourage students in grades 8-12 to participate by March 30.  For information, see competitions.
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Chief Justice Durrant To Present State Of The Judiciary Address

FOR IMMEDIATE RELEASE – January 21, 2015

Contact: Nancy Volmer
(801) 578-3994

CHIEF JUSTICE DURRANT TO PRESENT  STATE OF THE JUDICIARY ADDRESS

WHAT: 2015 State of the Judiciary Address.

WHO: The Honorable Matthew B. Durrant, Chief Justice of the Utah Supreme Court, will address the Senate and the House separately.

WHEN: Monday, January 26:
House of Representatives at 2:15 p.m.
Senate approx. 2:45 p.m.

WHERE: Utah State Capitol

COPIES: Copies of Chief Justice Durrant’s speech will be distributed to reporters at the Capitol at the start of the address. An electronic copy will be available at http://www.utcourts.gov/media/news/ following the address.

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.
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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.
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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.
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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.
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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.
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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.
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