Utah Supreme Court’s Newest Justice to take Oath of Office

FOR IMMEDIATE RELEASE

March 16, 2015

Contact: Nancy Volmer
(801) 578-3994
Cell:(801) 712-4545

JUSTICE DENO HIMONAS TO TAKE OATH OF OFFICE

WHAT:      Investiture Ceremony for Constandinos G. Himonas as a justice to the Utah Supreme Court

WHO:        The Honorable Matthew B. Durrant, Chief Justice of the Utah Supreme Court, will administer the oath of office. Presenters include Governor Gary Herbert, Court of Appeals Judge John Pearce and Alexandra and Katherine Himonas.

WHEN:      Wednesday, March 18 at 12:30 p.m.

WHERE:   Utah Supreme Courtroom, Scott M. Matheson Courthouse, 5th floor.

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Notice of Amendments to Utah Court Rules

The following court rule has been amended. The amendments are effective March 12, 2015

Summary of Approved Amendments  

URCP 062. Stay of proceedings to enforce a judgment. Amend. Removes the special bond requirements for municipalities with an adverse judgment of $5,000,000 or more. See HJR 20.

How to View Redline Text of the Amendments

To see approved rule amendments, click on this link to: http://www.utcourts.gov/resources/rules/approved/. Then click on the rule number.

Notice of Approved Amendments to Utah Court Rules

The Utah Supreme Court has approved amendments to the following court rules. The amendments are effective May 1, 2015, unless otherwise noted.

Summary of Approved Amendments 

CJA 11-0301. Utah Standards of Judicial Professionalism and Civility. New. Establishes standards of professionalism and civility for Utah judges.

How to View Redline Text of the Amendments

To see approved rule amendments, click on this link to: http://www.utcourts.gov/resources/rules/approved/. Then click on the rule number.

Free Class on Creating Paperwork for Minor Guardianships

FOR IMMEDIATE RELEASE  

March 12, 2015

Contact: Nancy Volmer
(801) 578-3994
Cell: (801) 712-4545

SELF-HELP CENTER OFFERS FREE CLASSES
March: How to Create Paperwork for Minor Guardianships

West Valley, UT—The Utah State Court’s Self-Help Center is offering a series of free classes to help the public learn how to navigate the court system. The classes are offered in Spanish and are geared towards people who are representing themselves in a civil court case or those assisting such individuals.

The March 17 class will focus on how to create paperwork for minor guardianships using the Online Court Assistance Program (OCAP). The class takes place from 6:30 to 7:30 p.m. at the West Valley Public Library, 2880 West 3650 South.
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Judge McIff Named to Piute County Justice Court

FOR IMMEDIATE RELEASE  

March 10, 2015

Contact: Nancy Volmer
(801) 578-3994
Cell: (801) 712-4545

NOMINEE NAMED TO FILL PIUTE COUNTY JUSTICE COURT VACANCY

Junction, UT—The Piute County Nominating Commission has announced the appointment of Judge Mark Kay McIff to fill a vacancy on the Piute County Justice Court. Judge McIff will replace Judge Thomas Lee Robertson who retired Jan. 15, 2015.

Judge Mark McIff was appointed to the Sevier County Justice Court in May 2014. He graduated from Southern Utah University in 1995 with a bachelor’s degree in Accounting and in 1998 from Gonzaga University with a Juris Doctorate Degree. Judge McIff currently practices law in south central Utah. Prior to this, he served as Piute County Attorney, Wayne County Attorney, Deputy Sevier County Attorney and Deputy Garfield County Attorney. He has also served as prosecutor for several cities, including chief criminal prosecutor for the Wasatch County Attorney’s Office in Heber.
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Ethics Advisory Opinion 15-03

Utah State Bar

Ethics Advisory Opinion Committee

Opinion Number 15-03

Issued February 10, 2015

 

ISSUE

1.         Does an attorney breach a duty of confidentiality to a “client” by sending information about the client’s actions and their contact information to law enforcement if they appear to be using the attorney/client relationship to commit a money fraud upon the attorney which could cause substantial injury to the attorney’s financial interests?

FACTS

2.        The query before the Committee relates to the issue that individuals have sought to retain a law firm via the Internet allegedly to collect a large debt from a party in Utah.  The alleged debtor sends the law firm payment which is supposed to be forwarded to the client.  The scam is that the checks are counterfeit and the attorney is asked to wire the funds immediately before the checks have cleared. When the “client” is informed that the funds will not be wired until the check clears, the client disappears.  The issue is whether the attorney can report this conduct to law enforcement.
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Ethics Advisory Opinion 15-02

Utah State Bar

Ethics Advisory Opinion Committee

Opinion Number 15-02

Issued February 10, 2015

 

PROPRIETY OF EX PARTE CONTACT WITH INDIVIDUALS WITHIN AN ORGANIZATION

ISSUE

1.  May an attorney representing a party in pending or existing litigation contact servants, agents, and employees of an organization, which is the opposing party, to discuss issues directly related to the litigation, if the attorney is aware the organization is represented by counsel in the matter?  Is it ethical for an attorney to make contact directly with in-house or corporate counsel, even if the attorney is aware that the organization is represented by outside counsel in the matter?  Is it ethical for an attorney to send a copy of correspondence or email to an organization’s employee where the original is directed to opposing counsel?
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Patrice Arent and Andrea Martinez Griffin to Receive 2015 Utah State Bar Awards

Contact:  Sean Toomey, Communications Director, Utah State Bar,
645 South 200 East, SLCUT84111, 801-297-7059, sean.toomey@utahbar.org

Patrice Arent and Andrea Martinez Griffin to Receive 2015 Utah State Bar Awards
For Contributing to the Advancement of Women and Minorities in the Legal Profession.

 At its Spring Convention in St. George on March 14, the Utah State Bar is honoring two attorneys for professionalism, public service, and public dedication.  Representative Patrice Arent is receiving the Dorathy Merrill Brothers Award for enhancing the advancement of women in the law profession, and Andrea Martinez Griffin is receiving the Raymond S. Uno award for enhancing the advancement of minorities in the profession.

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Andrea Martinez Griffin to Receive 2015 Utah State Bar Raymond S. Uno Award

Contact:  Sean Toomey, Communications Director, Utah State Bar, 645 South 200 East, SLC UT 84111, 801-297-7059, sean.toomey@utahbar.org

Andrea Martinez Griffin to Receive 2015 Utah State Bar Raymond S. Uno Award
Recognized for Contributing to the Advancement of Minorities in the Legal Profession.

At its Spring Convention in St. George on March 14, the Utah State Bar is honoring Andrea Martinez Griffin with the Raymond S. Uno award for her professionalism, public service, and public dedication which has enhanced the advancement of minorities in the profession and the administration of justice.

Andrea Martinez Griffin grew up in Salt Lake City and Orange County, California.  She graduated from UCLA in 1997 with a Bachelor of Arts degree in history and a minor in women’s studies.  Following graduation, she became an AmeriCorps VISTA volunteer with Big Brothers Big Sisters of Utah.  She attended law school at the University of Utah and graduated in 2003. Martinez Griffin works on adult felony prosecutions at the Salt Lake County District Attorney’s Office and was previously a Deputy District Attorney there.  Between those two jobs, she worked at the Utah Juvenile Defender Attorney’s Office, representing children charged with delinquent acts in juvenile court. Martinez Griffin served as a member of the YWCA Parent Advisory Board, University of Utah Young Alumni Board, Third District Judicial Nominating Commission, Minority Bar Association, Salt Lake County Bar Association, and Women Lawyers of Utah.  She was also a mentor in the Utah State Bar’s New Lawyer Training program. The Third District Nominating Commission had eleven judicial vacancies to fill during the past two years, and the commission ensured that nominees sent to the governor had solid professional credentials, good character, and a strong work ethic.  In addition, Martinez Griffin has been mindful and supportive of the need to add diversity to the bench and the legal profession.  She has encouraged qualified minority candidates to apply for judicial vacancies and has ensured that every candidate is given fair consideration. “With Utah’s growing minority populations, a diversified judiciary can only help to increase public confidence and trust in our legal system,” said Utah Minority Bar Association President Melinda K. Bowen, “Andrea has led the nominating commission in considering and making progress toward this important goal.  In both her work on the nominating commission and in her daily practice, Andrea has demonstrated professionalism, public service, and public dedication to help advance minorities in Utah’s legal profession.” When she is not busy with work or professional endeavors, Martinez Griffin is raising two boys, Colin and Reece.  She volunteers at their school and enjoys reading with them, running, and enjoying the great outdoors. The award’s namesake is the Honorable Raymond S. Uno (retired from the Third District Judicial Court), who was the first president of Utah Minority Bar Association. The Utah State Bar was established in 1931 and regulates the practice of law under the authority of the Utah Supreme Court.  The 11,500 lawyers of the Bar serve the public and legal profession with excellence, civility, and integrity.  They envision a just legal system that is understood, valued, and accessible to all.  Visit www.utahbar.org for more information.

Andrea Martinez Griffin to Receive 2015 Utah State Bar Raymond S. Uno Award

Contact:  Sean Toomey, Communications Director, Utah State Bar,
645 South 200 East, SLC UT 84111, 801-297-7059, sean.toomey@utahbar.org

Andrea Martinez Griffin to Receive 2015 Utah State Bar Raymond S. Uno Award

Recognized for Contributing to the Advancement of Minorities in the Legal Profession.

At its Spring Convention in St. George on March 14, the Utah State Bar is honoring Andrea Martinez Griffin with the Raymond S. Uno award for her professionalism, public service, and public dedication which has enhanced the advancement of minorities in the profession and the administration of justice.

Andrea Martinez Griffin grew up in Salt Lake City and Orange County, California.  She graduated from UCLA in 1997 with a Bachelor of Arts degree in history and a minor in women’s studies.  Following graduation, she became an AmeriCorps VISTA volunteer with Big Brothers Big Sisters of Utah.  She attended law school at the University of Utah and graduated in 2003.
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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 May 1, 2015, unless otherwise noted.

Summary of Approved Amendments 

 Rules of Professional Conduct

RPC 01.00. Terminology. Amend. Incorporates provisions of the ABA Model Rules of Professional Conduct.

RPC 01.01. Competence. Amend. Incorporates provisions of the ABA Model Rules of Professional Conduct.
RPC 01.04. Communication. Amend. Incorporates provisions of the ABA Model Rules of Professional Conduct.
RPC 01.06. Confidentiality of Information. Amend. Incorporates provisions of the ABA Model Rules of Professional Conduct.
RPC 01.17. Sale of Law Practice. Amend. Incorporates provisions of the ABA Model Rules of Professional Conduct.
RPC 01.18. Duties to Prospective Client. Amend. Incorporates provisions of the ABA Model Rules of Professional Conduct.
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Proposed Amendments to Utah Court Rules

The Utah Judicial Council invites comments to the following proposed amendments to court rules. The comment period expires April 14, 2015

Summary of proposed amendments 

CJA 04-0401.01. Electronic media coverage of court proceedings. Amend. Provides a presumption of electronic media coverage in court proceedings where the predominant purpose of the coverage is journalism or dissemination of news to the public. Provides that all requests for electronic media coverage must come through the court’s public information office. Requires that news reporters providing pool coverage shall promptly share their files with other news reporters and that news reporters must be willing and able to share their files to be approved to provide coverage.
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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 May 1, 2015, unless otherwise noted.

Summary of Approved Amendments 

URJP 002. Applicability of Rules of Civil Procedure and Criminal Procedure. Amend. Amends the rule to replace the term “permanent deprivation of parental rights” with “termination of parental rights.”

URJP 023. Hearing to waive jurisdiction and certify under Section 78A-6-703; bind over to district court. Amend. Amends the rule to comply with statutory changes to section 78A-6-703 enacted following the 2014 legislative general session.
URJP 023A. Hearing on conditions of Section 78A-6-702; bind over to district court. Amend. Amends the rule to comport with statutory changes to 78A-6-702 enacted following the 2014 legislative general session.
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Notice of Approved Amendments to Utah Court Rules

The Utah Judicial Council has approved amendments to the following court rules. The amendments are effective May 1, 2015, unless otherwise noted.

Summary of Approved Amendments 

CJA 4-202.02. Records classification. Amend. Makes actions to remove an individual from the National Instant Background Check System private. Makes Qualified Domestic Relations Orders private.

CJA 03-0111. Performance evaluation of senior judges and court commissioners. Amend. Requires a presiding judge to evaluate a senior judge’s performance every 18 months after the first term and a commissioner’s performance annually. Changes the evaluation criteria to more closely match the JPEC criteria. Effective February 23, 2015 under Rule 2-205.
CJA 03-0201. Court commissioners. Amend. Requires a court commissioner to undergo a performance evaluation annually. Effective February 23, 2015 under Rule 2-205.
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