Utah Bar Journal

Commission Highlights

During its regularly scheduled meeting of June 4, 2004, which was held at the Pete Suazo Building, Salt Lake City, Utah, the Board of Bar Commissioners received the following reports and took the actions indicated.

1. Debra Moore welcomed Kevin Worthen, Dean Hansen's replacement at the BYU Law School.

2. Richard Uday, Director of Lawyers Helping Lawyers distributed copies of the 2003-04 budget he had prepared. Rich noted that he had contact with 40 individuals last year and so far this year had contact with 25. Many of the issues with which he deals are self-reported but approximately half of the calls are referrals from other lawyers, paralegals and spouses. Other lawyers are volunteering to help with impaired lawyers' caseloads and towards that end, there will be a seminar held next week in conjunction with OPC to train mentor volunteers on the protocol of taking calls, etc. Rich related that OPC reports that 50% of their complaints are with attorneys who have issues with substance abuse (alcohol, drugs, etc.) or mental health problems.

3. Robert Flores, a member of the Board of Directors of Salt Lake Legal Aid, appeared to request a licensing fee waiver for all legal aid related groups as they are currently looking at ways to cut costs and improve services. These groups would like waivers and/or discounted fees offered in the areas of bar dues, conventions and CLE events. Offering some sort of financial aid or scholarships would also help to offset the low salaries these individuals have. Bob reported that Legal Aid is no longer providing divorce assistance as they only have just enough funding for domestic violence cases. No other entity is providing divorce assistance to the indigent.

4. Kai Wilson (Director of "and Justice for all"), Ann Milne and Stewart Ralphs thanked the Commission for supporting and helping to fund the new building. In the first year alone they have saved $450,000 in overhead by consolidating the physical areas and combining resources. The organization served over 34,000 people last year (which is a 60% increase of clients over last year) with no additional funding.

5. Debra Moore discussed the 2004-05 budget and reviewed grant requests. The motion was made and seconded to form a new committee to address the overall grants issue. D'Arcy (as Chair), Yvette, Rusty, Nate, Mary Kay and Karin will be members of the committee. John Baldwin reviewed the budget with those present.

6. Annual Convention Awards were selected. After much discussion and several ballots, George Handy was nominated for Distinguished Lawyer of the Year, Judge of the Year went to Judge Bohling and Distinguished Committee/Section of the Year Award went to the Young Lawyers Division.

7. Charles R. Brown was re-appointed as the Bar's ABA Delegate. John T. Nielsen was re- appointed to the Executive and Judicial Compensation Committee and Eric A. Mittelstadt was re-appointed to the Online Court Assistance Program. Scott Daniels was appointed to the Utah Sentencing Commission.

8. Christian Clinger reported on the success of the Brown v. Board of Education activities and John Adams said the project may have come in under budget. Toby Brown was recognized for his efforts with the project.

9. David Bird reported that the Judicial Council has requested information on the racial ethnic make up of the Bar's membership. David asked that this self-reported information (without other identifiable information such as names or place of business) from the annual licensing form be provided.

During its regularly scheduled meeting of July 14, 2004 which was held in Sun Valley, Idaho, the Board of Bar Commissioners received the following reports and took the actions indicated.

1. Debra Moore reviewed the calendar of events of the annual convention. It was noted that Dan O'Brien, the New Mexico Bar President, was a guest and David Bird was his host.

2. John Baldwin and George Daines reviewed the budget resolution and a long discussion ensued.

3. Debra Moore led a discussion on grant policy and fund disbursement. This will be continued at the next commission meeting.

4. Katherine Fox reviewed the Client Security Fund Committee's report and recommendations. The total amount requested was $38,845. The motion passed to approve the disbursements.

5. Debra Moore opened the discussion to review the OPC request to modify Ethics Advisory Opinion 04-01. It was determined to postpone further discussion until next meeting.

6. Yvette Diaz reported on the Insurance Disclosure Committee. She reported that the committee wanted broader representation, so in addition to Rob Jeffs and Charles Brown, they had invited John Florez (as a non-lawyer public member), Mike Petro (Utah County attorney), and John Morgan and Greg Skordas (as small firm representatives) to join. The Committee also wants a large firm representative who has yet to be determined. The Committee plans to publicize the issue of insurance disclosure to the membership in order to gain feedback.

7. D'Arcy Dixon Pignanelli reported on the work of the Grant Policy Committee. The report is 95% complete and will be ready for the next Commission meeting. D'Arcy has asked that Karin Hobbs stay on the Committee until that time (because officially, she no longer will be a Commissioner at the conclusion of the Annual Convention).

8. Debra Moore reported on Access to Justice Planning Council. Debra believes it is important for the Council to have a voting member from the Commission and reminded everyone that as past president, she will no longer have a voting right. Debra also apprised the Commission of Justice Nehring's valuable contributions on the Council as a persuasive policy voice.

9. David Bird gave the Judicial Council report. He noted that the Council requested a Bar Commissioner representative on a newly created standing committee on self-representative litigation. Dave observed that for the first time in 30 years, Utah will have a new governor, a new president of the senate and a new speaker of the house.

10. The Commission was reorganized, new members were welcomed and the Executive Committee members are: George Daines, David Bird, Lowry Snow, Nate Alder and Yvette Diaz. Ex-officio Commissioners are: (a) Kevin Worthen (Dean, J. Reuben Clark Law School); (b) Debora Threedy (acting Dean, S.J. Quinney College of Law); (c) Bar's Delegate to ABA House Charles R. Brown; (d) Utah's ABA Delegate to House Paul Moxley; (e) Candice Vogel (Young Lawyer's Division); (f) Jennifer Byde (Women Lawyers); (g) Danielle Davis (Paralegal Division); and (h) Ross Romero (Minority Bar). Debra Moore now transitions to past president.

During its regularly scheduled meeting of August 27, 2004 which was held in Salt Lake City, Utah, the Board of Bar Commissioners received the following reports and took the actions indicated.

1. George Daines reported on the ABA meetings held recently in Atlanta. George circulated a handout concerning Delaware's Supreme Court Rule 52, which according to this Rule, new lawyers must not only pass the Bar Exam, but then they must complete a "satisfactory clerkship" by meeting various requirements under the supervision of an attorney ("Preceptor") who has at least 5 years experience. Once the clerkship is completed both the Preceptor and new lawyer must certify to the Board that the clerkship requirements have been met. George also noted that retired Chief Judge Thomas Zlackett, of the Arizona Supreme Court, has been involved in civility issues for several years. It has been his experience that too many civility initiatives focus on the superficial aspects rather than the core values (e.g., honesty and integrity).

2. Danielle Davis reported that the Paralegal Division Committee needs more members. The Committee is currently discussing the issue of whether or not paralegals who are not directly supervised by an attorney can become members of the Paralegal Division. George wants an update from the Committee on this issue at October's Commission Meeting.

3. D'Arcy Dixon Pignanelli is chair of the Commission's Racial & Ethnic Fairness Implementation Committee, with Gus Chin, Debra Moore and John Adams. George Daines would like a status report from this committee at October's Commission meeting.

4. George Daines reported that the Commission's Mandatory Insurance Disclosure Committee is finally constituted. Charles Brown said there was a lengthy debate at the ABA meeting but it was finally approved. George would like a report of how to study the issue and a timeline at October's Commission meeting.

5. John Baldwin reported that the Family Law Section would like to take a position on Constitutional Amendment #3. After discussion, the motion was made and seconded that the Bar take no position on this issue.

6. George Daines noted that he has been serving on the Judicial Nomination Commission and would like to resign. He asks those Commissioners who are interested in filling the vacancy to contact him.

7. John Baldwin reported that the Bar is looking for alternate sites for the 2006 Annual Convention as the Hotel Del Coronado wants extra fees in guaranteed food and beverage purchases. Some possibilities may include the large convention site in Monterey or the one in Carmel. There is not enough interest in the Anaheim area and Jackson Hole can not accommodate the large number of people who attend the annual convention. John stated that the 2006 convention may need to be held in Sun Valley and alternative sites will be looked into for 2007.

8. John Baldwin discussed staff changes which have taken place at the Bar in recent months. Diane Clark, who ran Lawyer Referral Service, retired the end of May. In July, Samantha Lindsey, who updated the Bar's website and helped in the CLE Department, moved to Las Vegas. Also in July, Charles Stewart, Pro Bono Director, left to attend law school. Brooke Bruno was hired to update the website and handle minimal pro bono projects. The Bar has asked the ABA to conduct a review of the Bar's pro bono efforts to determine what role the Bar should play.

9. John Baldwin reviewed the monthly financial reports. A current cash loss was noted, although this was an unaudited figure.

10. John Baldwin reported that the Fall Forum would be held on October 22nd. There has been an effort to combine networking and vendor opportunities for solo/small firm practitioners. The Professionalism Award, ADR, Pro Bono Attorney of the Year, and Outstanding Community Member awards will be presented at the Forum.

11. Sarah Lynne Stone, Kenneth R. Wallentine and Tracey M. Watson were appointed as Trustees to Utah Legal Services.

12. Justin Toth appeared before the Commission to present reasons to create a new section entitled Antitrust and Competition Law Section. He stated that by creating this section it would provide an opportunity to meet with other lawyers who practice in this area of law to "discuss developments in the law" and "build a network of Utah lawyers who have developed expertise in this area". The motion to create a new section passed unopposed.

13. Lowry Snow updated the Commission on the recent activities of the Ethics Advisory Committee. On July 1, 2004, Craig Mariger became the new chair of the committee.

14. George Daines discussed Commission liaison assignments. A discussion followed and this item will be reviewed at the next Commission meeting.

15. There was a review/update of the Commission's Grants Committee's questions and recommendations after which a long discussion followed. The motion to not establish a line item for donations and grants in the budget passed.

16. George Daines discussed Commission and Executive Committee Procedures. George stated more items will be discussed at the Executive Committee meetings so regular Commission meetings aren't so lengthy. Yvette Diaz will handle member relationships initiatives, David Bird will handle Courts initiatives, Lowry Snow will handle public relation initiatives, and Nate Alder will handle legislative item initiatives.

A full text of minutes of these and other meetings of the Bar Commission are available for inspection at the office of the Executive Director.

Posted by BarJournal at November 2, 2004 11:25 AM