Utah Bar Journal: Utah Bar News Archives

August 07, 2006

Commission Highlights

Commission Highlights

During its regularly scheduled meeting of April 28, 2006, which was held in Provo, Utah, the Board of Bar Commissioners received the following reports and took the actions indicated.

1. David Bird discussed the Lifetime Service Award and follow up on this issue will take place at the June meeting.

David also discussed assignments for the malpractice insurance letter and article. Denise Forsman (Marsh) and Grant Clayton (Member Benefits) will draft the proposed letter encouraging members to obtain insurance and providing helpful information. Yvette Diaz and Rod Snow are writing the article for the Bar Journal.

2. David Bird reported on the quarterly Bar meeting with Chief Justice Durham. They discussed insurance issues and the LAP program as well as the petition process. The Court's perspective is that they regulate the practice of law and have simply delegated some aspects of it to the Bar. David noted that we are fortunate to have the relationship we do with the Court.

3. David Bird and John Baldwin reported on the status of the Operation Review. Ten RFPs were mailed out and two were returned. Chief Justice Durham said that a performance review is important so that the Bar can improve its efforts and that it is also important for the Court to better fulfill its oversight obligation. Rob Jeffs stated that the field may have been narrowed by the requirement that the company have previously experienced reviewing a legal entity.

4. John Baldwin reported on the annual convention status, stating that the current block of hotel rooms at the Marriott had been filled but that we blocked additional rooms at other nearby facilities. Registration materials were published in the May/June 2006 issue of the Bar Journal. John noted that he had recently visited the meeting facility and that he feels good about this convention financially.

5. John Baldwin reported on the proposal for alternative to discipline (diversion) rule which is modeled after Colorado's rule. John noted that although OPC is concerned with a few of the details, they believe these issues will get fleshed out in actual practice after the rule is implemented. Commissioners Lori Nelson, Felshaw King, Lowry Snow and Steve Owens were asked to look at the proposal and John will facilitate communication with Billy Walker.

6. The recent changes and reorganization of the Bar's Policies and Procedures were discussed after which the motion was made and seconded to adopt the changes. The motion passed without dissent.

7. The motion to support the ABA's request for resolution on diversity in the profession passed without dissent.

8. The Navajo Nation Judicial Complex request for support was discussed. Dan Moquin, Staff Attorney, Tuba City District of the Navajo Nation and Councilman Raymond Berchman, Navajo Nation Council Delegate and Vice Chairman of the Navajo Nation Judiciary Committee were present for this discussion. Currently, the Nation has the land and plans have been drawn up for new appellate judicial facilities to replace the inadequate facilities which currently exist, but they are trying to solicit members of Congress for building funding. Rep. Jim Matheson and Sen. Bob Bennett are supportive of these efforts since Utah has Navajo residents and this project will affect those residents. The motion to send letters of support to our Utah delegation and copy the Arizona and New Mexico Bar passed with none opposed. Lori Nelson will hand deliver the letters on Tuesday when she is in Washington, D.C. for Law Day. Both Councilman Berchman and Dan Moquin expressed their sincere appreciation for the support.

9. The Western States Bar Conference resolution resolves to create a program in conjunction with the ABA to improve public understanding of the judicial branch of government. The motion that the Bar support the concept that the ABA and bar associations institute an initiative to promote greater understanding of judicial branch of government in our system passed without dissent.

10. Nominees for the annual awards were reviewed and Judge Gordon Low was selected as the recipient of Judge of the Year award, Lawyer of the Year went to Max Wheeler and Section of the Year went to the Litigation Section. The Ethics Advisory Opinion Committee was selected as the recipient of the Committee of the Year Award.

11. Katherine Fox discussed the UPL Committee's request for formal action against Aaronson Grand & Associates for engaging in the unauthorized practice of Law. The motion to approve the request passed without opposition.

12. Discussion ensued over the amendment to the Criminal Law Section's bylaws to include a provision that they annually appoint a representative to serve on the Governmental Relations committee. The motion to approve the amended bylaws passed without dissent.

13. Grant Clayton and Connie Howard were in attendance to discuss and answer questions regarding the Bar's endorsement of Marsh as the designated malpractice insurance broker. Grant said that an endorsement allowed a vendor to use the Bar's name and logo and Connie said that before an endorsement is given, she receives samples, tests the product and determines if the product would benefit Bar members. Connie noted that the Bar normally does not offer exclusive endorsements, except for Marsh, which requires it. Discussion on this issue ensued.

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

Posted by BarStaff at 11:26 AM PRINT Return to Utah Bar Journal

Mailing of Licensing Forms

Mailing of Licensing Forms

The licensing forms for 2006-07 were mailed during the last week of May and the first week of June. Fees are due July 1, 2006; however, fees received or postmarked on or before August 1, 2006 will be processed without penalty.

It is the responsibility of each attorney to provide the Bar with current address information. This information must be submitted in writing. Failure to notify the Bar of an address change does not relieve an attorney from paying licensing fees or late fees. Failure to make timely payment will result in an administrative suspension for non-payment after the deadline. You may check the Bar's website to see what information is on file. The site is updated weekly and is located at www.utahbar.org.

If you need to update your address information, please submit the information to Arnold Birrell, Utah State Bar, 645 South 200 East, Salt Lake City, UT 84111-3834. You may also fax the information to (801)531-9537, or e-mail the corrections to arnold.birrell@utahbar.org.

Posted by BarStaff at 11:23 AM PRINT Return to Utah Bar Journal

Pro Bono Honor Roll

Pro Bono Honor Roll

Angela Adams
Stanley S. Adams
Heidi Alder
Fred Anderson
Selina Andrews
Lauren Barros
Erika Birch
John Black Jr.
Matthew Boley
James Brown
Charles Carlston
Mary Pat Cashman
Thomas Crowther
Shelly Coudreaut
Mary Cline
Clark Fetzer
Jonathan Grover
Brent Hall
George Hunt
Laura Hansen
April Hollingsworth
Kyle Hoskins
Bill P. Kandarusman
Anthony Kaye
Jay Kessler
Louise Knauer
D. David Lambert
Larry Larsen
Robert Lovell
Brandon Mark
Sean McBride
Chad McKay
Jack Molgard
Matt Moncur
Lawrence Peterson
Ken Reich
Boyd Rogers
Richard J. Rowley
Lauren Scholnick
Elizabeth Schulte
Steve Stewart
Scott Thorpe
Stewart Ralph
Frank Warner
Tracey Watson
John Zidow

Utah Legal Services and the Utah State Bar wish to thank these attorneys for either accepting a pro bono case or volunteering at clinic during the months of April and May. Call Brenda Teig at (801) 924-3376 to volunteer.

Posted by BarStaff at 11:22 AM PRINT Return to Utah Bar Journal

2006 Fall Forum Awards

2006 Fall Forum Awards

The Board of Bar Commissioners is seeking nominations for the 2006 Fall Forum Awards. These awards have a long history of honoring publicly those whose professionalism, public service and personal dedication have significantly enhanced the administration of justice, the delivery of legal services and the building up of the profession. Your award nominations must be submitted in writing to Maud Thurman, Executive Secretary, 645 South 200 East, Suite 310, Salt Lake City, UT 84111, no later than Monday, September 18, 2006. The award categories include:

1. Distinguished Community Member Award
2. Pro Bono Lawyer of the Year
3. Professionalism Award

Posted by BarStaff at 11:21 AM PRINT Return to Utah Bar Journal

Nominations for the Peter W. Billings, Sr. Outstanding Dispute Resolution Service Award

Nominations for the Peter W. Billings, Sr. Outstanding Dispute Resolution Service Award

In memory of the great contributions of Peter W. Billings, Sr. to alternative dispute resolution in our state, the ADR Section of the Utah State Bar annually awards the Peter W. Billings, Sr. Outstanding Dispute Resolution Service Award to the person or organization that has done the most to promote alternative dispute resolution in the State of Utah. The award is not restricted to an attorney or judge. The ADR Section is currently seeking nominations for this award, which will be presented at the Bar's Annual Fall Forum.

Please submit nominations for this award by October 13, 2006 to Peter W. Billings, Jr., P. O. Box 510210, Salt Lake City, UT 84151.

Posted by BarStaff at 11:20 AM PRINT Return to Utah Bar Journal

PLEASE NOTE:

PLEASE NOTE:

The Bar Journal has been requested to clarify that the Jonathan Pace whose disciplinary action was reported in the May/June edition is not lawyer John P. Pace of the Salt Lake Legal Defender Association.

Posted by BarStaff at 11:18 AM PRINT Return to Utah Bar Journal

May 30, 2006

President-Elect & Bar Commission Election Results

President-Elect & Bar Commission Election Results

V. Lowry Snow was elected President-Elect of the Utah State Bar. He received 1,109 votes to Felshaw King's 1,078 votes.

Nate Alder and Christian W. Clinger ran unopposed in the Third Division, Robert L. Jeffs was unopposed in the Fourth Division, and Curtis M. Jensen ran unopposed in the Fifth Division. Under the Utah State Bar bylaws, these uncontested candidates were declared elected. Yvette Donosso Diaz has agreed to fill Gus Chin's unexpired one-year commissioner term in the Third Division.

Posted by BarStaff at 04:59 PM PRINT Return to Utah Bar Journal

Commission Highlights

Commission Highlights

During its regularly scheduled meeting of January 27, 2006, which was held in Salt Lake City, Utah, the Board of Bar Commissioners received the following reports and took the actions indicated.

1. David Bird reviewed the priority items of the June 2005 Bar Commission Retreat Governance Resolutions. David Bird also discussed the Commission priorities adopted in July 2005 by the Commission: Relations with Legislature and Courts, Performance Review, Lawyers Assistance Program and Relations with Law School Faculty and Law Students.

2. Gus Chin reminded Commissioners that the September 22, 2006 the Commission meeting will be held at BYU and at the conclusion of the meeting, he would like to schedule a time for interaction with law school students. Nate Alder said that he, Steve Owens, and Gus Chin all went to the University of Utah to review their initiatives/programs on pro bono efforts. He reported that law school students paired up with lawyers to do pro bono work and that about 70 students are currently involved. Kevin Worthen said this opportunity is a much better first encounter with the Bar than the Admissions process. John Baldwin said the Bar is drafting a letter to send to law students informing them of the group benefits available to them such as the Bar Journal, regular e-bulletins, discounted CLE, discounted admission to conventions, etc., through the law student affiliated program.

3. David Bird reviewed the Commission calendar. He noted that the next Commission meeting is scheduled for 1:00 p.m. on Thursday March 9th, during Spring Convention and the April meeting will be held in Provo, Utah. He also invited Commissioners to attend the And Justice for All breakfast scheduled for February 9th beginning at 7:30 a.m. on the 5th floor of the Wells Fargo Building.

4. Danielle Davis Price invited the Commissioners to the 10th Anniversary dinner event for the Paralegal Division to be held on April 6, 2006; further details will be forthcoming.

5. David Bird said that while the proposal for malpractice insurance disclosure had previously been tabled, some items needed to be reviewed. He noted that Marsh would be conducting a presentation later that morning. John Baldwin said the Bar will continue to collect voluntary information such as where lawyers work and if they have malpractice insurance.
David said that a portion of OPC's annual report ties into this subject. He noted that 68% of the OPC's cases are violations of communication and diligence, with competence coming in second at 40%. He believes the Bar should provide more education in these areas which would decrease the cost of malpractice insurance and increase availability of insurance to members.

6. Gus Chin reported on the 75th Anniversary planning. He noted that each Commissioner should have received a list of former Commissioners and Bar Presidents and asked that they double-check these lists to make sure everyone has been included. He reported that celebration is scheduled for Rice Eccles Stadium and will include a short program along with a musical interlude.

7. David Bird announced there are two open seats for Third District Commissioner in addition to the Fourth and Fifth District Commissioner seats.

8. Grant Clayton, Chair of the Bar's Member Benefits Committee was in attendance along with Denise Forsman (Client Executive for Marsh) and other individuals from Liberty Insurance for this portion of the meeting. Discussion ensued over the parameters of the current insurance program. Yvette Diaz and Rod Snow will co-author a Bar Journal article on the need to carry malpractice insurance and options that the Commission will be considering in the future. Rob Jeffs, Felshaw King and Lowry Snow will draft a letter to Bar members encouraging them to purchase professional liability insurance. The letter will include some rate quotes from Marsh/Liberty.

9. John Baldwin reported on Bill Gephardt's request to resolve consumer complaints and a discussion ensued. The Commission has carefully considered the issues and discussed it with others. The Bar already has avenues available to resolve this issue and a letter to Gephardt will be drafted.

10. John Baldwin reported that the Bar had changed internet providers Ð moving from Aros Net to X-mission.

11. John Baldwin reported on the current changes being made to the Bar Alliance database. He said the MCLE, the CLE and the Licensing databases are complete with only a few bugs needing to be worked out which would be the case with any new system. The Admissions database is nearly complete and Bar Alliance will begin working on OPC's database shortly. He said we are working towards a member-based system where lawyers can make address changes, MCLE reports, etc., on line.

12. John Baldwin reported on the proposed conflict of interest policy. He noted that although there has not been particular concerns raised about conflicts of interest among Commissioners, he believed it would be a good idea to have a policy in place for the future. A discussion ensued and this item will be placed on next month's agenda for a decision.

13. Spring Convention Awards were selected after discussion and voting. Janet H. Smith was selected as recipient of the Dorathy M. Brothers award and Mona Burton was selected as recipient of the Raymond S. Uno award.

14. V. Lowry Snow and Felshaw King were nominated to run for President-elect. This motion passed unanimously.

15. George Daines reported on the LAP Committee. The Committee recommends "that the Commission petition the Utah Supreme Court to approve rules which provide diversion to the services of Blomquist Hale (or like services/monitoring) as a condition of discipline to be imposed as appropriate and at the discretion of the Ethics and Discipline Committee, the District Courts and the Supreme Court." This proposal will, however, place an additional burden on the Ethics and Discipline Committee to follow-up with monitoring assistance. The motion to adopt the recommendations as stated passed unopposed.

16. The Lawyers Helping Lawyers (LHL) proposed budget was discussed. The Committee recommends: (a) LHL be funded with $25,000 for one year and be encouraged to raise money through CLE seminars and to seek other sources of funding; (b) LHL continue to provide educational seminars and coordinate volunteer peer-to-peer assistance from direct calls and through referrals from Blomquist Hale; and (c) that LHL coordinate volunteer lawyer-to-impaired lawyer practice assistance in emergency instances. The program would be evaluated after a year. The motion to approve these recommendations passed unanimously.

17. Mary Kay Griffin reviewed the financial reports. She noted the Bar's 75th Anniversary celebration funds will be largely derived from next fiscal year's budget.

18. Debra Griffiths Handley reported on the Young Lawyers Division. Debra stated that YLD would like to implement an online program entitled "Ten Minute Mentor", which would be available 24 hours a day and would feature helpful information on particular practice areas with Legal Span sponsoring the program. The YLD is anticipating a launch date of May 1st with 30 or more topics to be up and running.

19. David Bird briefed the Commission on a complaint letter relating to security at the Matheson Courthouse. The Executive Committee believes that the Bar lacks the authority to address court security concerns and noted that Peggy Gentles from the AOC is responding in this matter.

20. David Bird reported on the Judicial Council and noted that the appellate courts are considering e-filing for briefs.

21. Rob Jeffs reported on the Bar's Performance Review Committee and noted that the Committee had finalized the RFP and it was ready to be distributed. The motion passed unanimously to finalize and distribute the RFP. A timeline was suggested as follows: 2/15/06 Ð RFP finalized and sent; 3/31/06 Ð responses from entities due; 4/21/06 Ð responses reviewed and recommendation made by Committee to Commission for entity; 7/06 Ð review completed by entity.

22. David Bird reviewed OPC's Annual Report and noted that the caseload has increased. Gus Chin noted that discipline will be a topic for discussion at the Commission retreat.

During its regularly scheduled meeting of March 9, 2006, which was held in St. George, Utah, the Board of Bar Commissioners received the following reports and took the actions indicated:

1. David Bird reported on the Judicial Council, stating that during the last legislative session, the courts requested 7% additional compensation but received 3%. One-half percent of this increase, however, was designated for medical insurance. This package was identical to what all state employees received.

2. David Bird announced that the Lifetime Service to the Bar Award would be presented at the Bar's 75th Anniversary celebration. Criteria for the award will be in recognition of a distinguished career in the law and for the many years of leadership, loyalty, contributions and devotion to the programs, services and activities of the Utah State Bar. Nominations are being sought from Commissioners along with reasons why the individual has been nominated according to the established criteria. The motion to accept the established criteria for the Lifetime Service to the Bar Award passed unopposed.

3. David Bird and John Baldwin reviewed the Spring Convention Calendar and John reminded everyone to make their reservations now for the Annual Convention to be held in Newport Beach, California.

4. Gus Chin reported on the Commission elections. Gus stated that he currently occupies two Commission seats (as President-elect and as a Third Division Commissioner) but will be vacating his Commissioner seat at the conclusion of the year beginning in July. That will leave a one-year unexpired term open in the Third Division. David then interjected that currently there are three people running in the Third Division for two openings: Nate Alder, Christian Clinger and Yvette Diaz. After consideration, Yvette has indicated that she will volunteer to assume the one-year term. As a consequence, there will be no contested election in the Third Division. The motion that in anticipation of Gus resigning his Commission seat, the Commission will appoint Yvette to fill Gus's unexpired one-year term and declare both Christian and Nate Third Division Commissioners so that no election will be necessary, passed unopposed.

5. Lowry Snow introduced Curtis Jensen (who was in attendance at the meeting) as his declared replacement for Commissioner in the Fifth Division.

6. John Baldwin reported that the Judicial Conduct Commission is moving to a new municipal building in Ogden in the fall, and their office space in the Law and Justice Center will be vacant.

7. John Baldwin reported on a violence survey that had been done by Steve Kelson, a lawyer from Kipp and Christian. Towards that end, a survey was distributed via the Bar's e-bulletin. There were approximately 1,000 responses received and John asked what kind of response, if any, the Bar should make to the results of the survey. It was suggested that John follow up with Kelson to ascertain what else Kelson may do with the survey results. Mr. Kelson is writing a Bar Journal article based on the responses in the survey.

8. John Baldwin, Larry Stevens and Billy Walker are currently working on the proposed diversion rule changes for the Rules of Lawyer Discipline and Disability.

9. John reported that currently two petitions are before the Supreme Court: (1) House Counsel petition; and (2) petition to increase inactive full service fees from $90 to $120. The Court did not approve the law school faculty pro bono service petition.

10. The Criminal Law Section would like to amend their bylaws. Nate Alder stated that the current bylaws do not provide contact information for a Governmental Relations Committee liaison. John Baldwin will follow up on this for next month's agenda.

11. John Baldwin informed the Commission that the front landscaping at the Law and Justice Center will be re-done later in the year (xeriscaping) which will ultimately save the Bar money and improve the appearance of this area.

12. Debra Griffiths Handley discussed the issue of possible "sponsorship money" (for attendance purpose) for Young Lawyers Division for the Annual Convention. Discussion followed. On a related note, John said that overall convention attendance isn't increasing as it should with the increase in lawyers.

13. John Baldwin reiterated his statement at the last meeting that although there has not been particular concerns raised about conflicts of interest among Commissioners, he believes it would be a good idea to have a policy in place for the future. The motion to adopt the policy passed unopposed and the policy will be effective July 14, 2006.

14. Lori Nelson reported that the Governmental Relations Committee was a huge success this year. John T. Nielsen noted that it might be a good idea to have an orientation letter containing the committee's policies and procedures distributed to new members next year. John T. Nielsen discussed some of the bills from the latest legislative session and discussion followed.

David Bird expressed appreciation for Commissioners who donated their time and effort on these legislative issues. He said great strides were made in continuing to improve our relationship with legislators.

15. Charles R. Brown reported that ABA Resolution #177B would raise ABA dues by 17% and resolution #302 addressed issues relating to wiretap/surveillance in the executive branch had been recent topics. He also said that Hurricane Katrina issues were discussed at recent meetings as well as the topic that the Department of Justice is coercing clients into waiving attorney/client confidentiality privileges.

16. Grant Clayton, Chair of the Member Benefit Committee, was in attendance to follow up on malpractice insurance disclosure issue. A discussion followed and Rob Jeffs stated that at the Commission meeting scheduled for April 28th in Provo, he would like to have information available relating to the new EAP and malpractice insurance for lawyers who attend the lunch function. Yvette said she and Rod will work on the Bar Journal article and circulate it. John Baldwin said he and Connie Howard will continue to work with Clayton on this issue.

17. Yvette Diaz announced that she will be returning to regular practice as she is leaving the Governor's Office.

18. Rob Jeffs reported on the BarÕs performance review. He stated that the RFP's had been mailed out to various auditing companies including Ray Westergard at Grant Thornton and responses are due April 10th. He also added that Rusty Vetter recently had provided information regarding a firm that recently had conducted the audit of the prosecutor's office of Salt Lake City and Rob will contact that firm.

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

Posted by BarStaff at 04:43 PM PRINT Return to Utah Bar Journal

Applicants Sought for Second District Trial Court Nominating Commission

Applicants Sought for Second District Trial Court Nominating Commission

The Bar is seeking applications from lawyers to serve on the Second District Trial Court Nominating Commission. The Commission nominates judges to fill vacancies on the district court and the juvenile court within the Second Judicial District. Two lawyers are appointed by the Governor from a list of six nominees provided by the Bar.

Commissioners must be citizens of the United States and residents of the Second District (Davis, Morgan and Weber Counties). Commissioners are appointed for one term of four years and may not serve successive terms. No more than four of the seven members of the nominating commission may be of the same political party.

Please identify your political party or if you are politically independent.

Submit resumes to John C. Baldwin, Executive Director, by e-mail at john.baldwin@utahbar.org, or by mail at 645 South 200 East, Salt Lake City, UT 84111.

Resumes must be received by Tuesday, August 1, 2006

Posted by BarStaff at 04:35 PM PRINT Return to Utah Bar Journal

American Bar Association Representative

American Bar Association Representative

The Board of Bar Commissioners is seeking applicants to serve a two-year term as the Bar's representative to the American Bar Association's House of Delegates. The term would begin at the conclusion of the ABA's Annual Meeting in August, and run through the August, 2008 Annual Meeting.

Please send your letter of application and resume no later than Friday, June 2, 2006 to:

John C. Baldwin
Executive Director
Utah State Bar
jbaldwin@utahbar.org
645 South 200 East
Salt Lake City, Utah 84111

Posted by BarStaff at 04:34 PM PRINT Return to Utah Bar Journal

2005 Utah Bar Journal Cover of the Year Announced

2005 Utah Bar Journal Cover of the Year Announced

The winner of the Utah Bar Journal Cover of the Year award for 2005 is Marva Match of Cannon & Match in Salt Lake City. Her photo of Thousand Peaks Ranch on the Weber River east of Oakley, Utah was featured on the cover of the July/Aug 2005 issue of the Utah Bar Journal.

Marva is one of 57 attorneys, or members of the Paralegal Division of the Utah Bar, whose photographs of Utah scenes have appeared on at least one cover since August, 1988. This is Ms. Match's first photograph to be featured on the cover of the Journal. Covers of the year are framed and displayed on the upper level of the Law and Justice Center.

The editorial board of the Bar Journal welcomes your feedback about the covers and invites you to submit your own photos for consideration on a future cover.

Congratulations to Marva Match, and thanks to all who have provided photographs for the cover.

Posted by BarStaff at 04:11 PM PRINT Return to Utah Bar Journal

Notice of the Utah State Bar Young Lawyers Division Elections

Notice of the Utah State Bar Young Lawyers Division Elections

Nominations are being accepted for the 2006-07 President-Elect, 2006-07 Secretary and 2006-07 Treasurer for the Young Lawyers Division (ÒYLDÓ). Each nomination must be accompanied by a written statement which contains the candidate's biography, qualifications and platform. The written statement shall be no longer than the equivalent of two pages, typewritten and double-spaced. For more information regarding the elected offices and duties, please visit the YLD website (http://www.utahbar.org/sections/yld/Welcome.html) and review sections 2 and 3 of the YLD Handbook. Nominations for the offices listed above must be signed by three members of the YLD who are in good standing and must be received by 5:00 p.m. on June 16, 2006 by Ruth Hawe, VanCott Bagley Cornwall & McCarthy, 50 South Main Street, #1600, Salt Lake City, Utah, 84111; Fax: 534-0058.; Email: rhawe@vancott.com

The YLD General Election will be conducted by electronic ballot June 26-30, 2006. In order to vote, the YLD needs your email address. If the Utah State Bar does not currently have your correct email address, please send it to arnold.birrell@utahbar.org by 5:00 p.m. on June 20, 2006.

Posted by BarStaff at 04:04 PM PRINT Return to Utah Bar Journal

Mailing of Licensing Forms

Mailing of Licensing Forms

The licensing forms for 2006-07 are scheduled to be mailed during the last week of May and the first week of June. Fees are due July 1, 2006; however fees received or postmarked on or before August 1, 2006 will be processed without penalty.

If you need to update your address information, please submit the information to:

Arnold Birrell, Utah State Bar
645 South 200 East
Salt Lake City, UT 84111-3834

You may also fax the information to (801)531-9537, or e-mail the corrections to arnold.birrell@utahbar.org.

Posted by BarStaff at 04:00 PM PRINT Return to Utah Bar Journal

2006 Fall Forum Awards

2006 Fall Forum Awards

1. Distinguished Community Member Award
2. Pro Bono Lawyer of the Year
3. Professionalism Award

Posted by BarStaff at 03:59 PM PRINT Return to Utah Bar Journal

Notice of Legislative Rebate

Notice of Legislative Rebate

Bar policies and procedures provide that any member may receive a proportionate dues rebate for legislative related expenditures by notifying the Executive Director, John C. Baldwin, 645 South 200 East, Salt Lake City, UT 84111.

Posted by BarStaff at 03:58 PM PRINT Return to Utah Bar Journal

Request for Comment on Proposed Bar Budget

Request for Comment on Proposed Bar Budget

The Bar staff and officers are currently preparing a proposed budget for the fiscal year which begins July 1, 2006 and ends June 30, 2007. The process being followed includes review by the Commission's Executive Committee and the Bar's Budget & Finance Committee, prior to adoption of the final budget by the Bar Commission at its June 2, 2006 meeting.

The Commission is interested in assuring that the process includes as much feedback by as many members as possible. A copy of the proposed budget, in its most current permutation, will be available for inspection and comment at the Law & Justice Center. You may pick up a copy from the receptionist.

Please call or write John Baldwin at the Bar Office with your questions or comments.

Posted by BarStaff at 03:56 PM PRINT Return to Utah Bar Journal

Pro Bono Honor Roll

Pro Bono Honor Roll

Lois Baar
Lauren Barros
Richard Bird
Rex Bushman
Merlin Calver
Dee Chambers
Shelly Coudreaut
Lou Harris
D. Rand Henderson
George Hunt
Jarrod Jennings
Jonathan Jaussi
Brent Johns
Louise Knauer
David Lambert
Suzanne Marelius
Suzanne Marychild
Colin McMullin
Richard Medsker
Scott Moore
William Morrison
William Ormond
William Parsons
James Peters
Stewart Ralphs
Kevin Sheff
V. Lowry Snow
Scott Thorpe
Tracey Watson
Weston White
Timothy Williams
Lamar Winward
Carolyn Zeuthen
John Zidow

Utah Legal Services and the Utah State Bar wish to thank these attorneys for either accepting a pro bono case or volunteering at clinic during the months of February and March. Call Brenda Teig at (801) 924-3376 to volunteer.

Posted by BarStaff at 03:53 PM PRINT Return to Utah Bar Journal

April 11, 2006

2006 Annual Convention Awards

2006 Annual Convention Awards

The Board of Bar Commissioners is seeking nominations for the 2005 Annual Convention Awards. These awards have a long history of honoring publicly those whose professionalism, public service and personal dedication have significantly enhanced the administration of justice, the delivery of legal services and the building up of the profession. Your award nominations must be submitted in writing to Maud Thurman, Executive Secretary, 645 South 200 East, Suite 310, Salt Lake City, UT 84111, no later than Friday, April 22, 2005. The award categories include:

1. Judge of the Year

2. Distinguished Lawyer of the Year

3. Distinguished Section/Committee of the year

Posted by BarStaff at 05:50 PM PRINT Return to Utah Bar Journal

Notice of Ethics & Discipline Committee Vacancies

Notice of Ethics & Discipline Committee Vacancies

The Ethics & Discipline Committee of the Utah Supreme Court is seeking volunteers to fill vacancies on the Committee. The Ethics & Discipline Committee is divided into four panels which hear informal complaints charging unethical or unprofessional conduct against members of the Bar and determine whether or not informal disciplinary action should result from the complaint or whether a formal complaint shall be filed in district court against the respondent attorney. Appointments to the Ethics & Discipline Committee are made by the Utah Supreme Court upon recommendations of the Chair of the Ethics and Discipline Committee. Please send your resume to Lawrence E. Stevens, Chair of the Ethics and Discipline Committee, Parsons, Behle & Latimer, 201 South Main Street, #1800, P. O. Box 45898, Salt Lake City, UT 84145-0898 no later than May 2, 2006.

Posted by BarStaff at 05:49 PM PRINT Return to Utah Bar Journal

Notice of Legislative Rebate

Notice of Legislative Rebate
Bar policies and procedures provide that any member may receive a proportionate dues rebate for legislative related expenditures by notifying the Executive Director, John C. Baldwin, 645 South 200 East, Salt Lake City, UT 84111

Posted by BarStaff at 05:48 PM PRINT Return to Utah Bar Journal

April 04, 2006

Call for Historical Bar Photos

Call for Historical Bar Photos

In celebration of the 75th Anniversary of the Utah State Bar, the Bar Journal board is considering placing a montage of historical Utah Bar photos on the Bar Journal cover for a special issue scheduled for publication in the fall. Examples of old photos we have in mind would be early group photos of bar members, judges, and photos of bar offices, court houses, and the like.

Please send a copy of the photo only (no originals) that you would not expect to be returned to you, to Randall L. Romrell, Regence BlueCross BlueShield of Utah, 2890 East Cottonwood Parkway, Mail Stop 70, 84121. The board will consider all photos that are submitted, but we cannot guarantee we will use them. Be sure that you identify what the photo is, the names of people in the groups or at least a description of what the group is, the names of the buildings, etc. Thank you in advance for your extra work in searching out old photos and making copies to submit.

Posted by BarStaff at 07:24 PM PRINT Return to Utah Bar Journal

Utah State Bar Request for 2006-07 Committee Assignment

Utah State Bar Request for 2006-07 Committee Assignment

The Utah Bar Commission is soliciting new volunteers to commit time and talent to one or more of 18 different committees which participate in regulating admissions and discipline and in fostering competency, public service and high standards of professional conduct. Please consider sharing your time in the service of your profession and the public through meaningful involvement in any area of interest.

Name___________________________________________________________ Bar No._______________________
Office Address_____________________________________________________ Telephone_____________________

Committee Request:
1st Choice_____________________________________ 2nd Choice_______________________________________

Please describe your interests and list additional qualifications or past committee work.
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________

Instructions to Applicants: Service on Bar committees includes the expectation that members will regularly attend scheduled meetings. Meeting frequency varies by committee, but generally may average one meeting per month. Meeting times also vary, but are usually scheduled at noon or at the end of the workday.

Committees
1. Admissions. Recommends standards and procedures for admission to the Bar and the administration of the Bar Examination.

2. Annual Convention. Selects and coordinates CLE topics, panelists and speakers, and organizes appropriate social and sporting events.

3. Bar Examiner. Drafts, reviews and grades questions and model answers for the Bar Examination.

4. Bar Exam Administration. Assists in the administration of the Bar Examination. Duties include overseeing computerized exam-taking security issues, and the subcommittee that handles requests from applicants seeking special accommodations on the Bar Examination.

5. Bar Journal. Annually publishes editions of the Utah Bar Journal to provide comprehensive coverage of the profession, the Bar, articles of legal importance and announcements of general interest.

6. Character & Fitness. Reviews applicants for the Bar Exam and makes recommendations on their character and fitness for admission.

7. Client Security Fund. Considers claims made against the Client Security Fund and recommends payouts by the Bar Commission.

8. Courts and Judges. Coordinates the formal relationship between the judiciary and the Bar including review of the organization of the court system and recent court reorganization developments.

9. Fee Arbitration. Holds arbitration hearings to resolve voluntary disputes between members of the Bar and clients regarding fees.

10. Ethics Advisory Opinion. Prepares formal written opinions concerning the ethical issues that face Utah lawyers.

11. Governmental Relations. Monitors proposed legislation which falls within the Bar's legislative policy and makes recommendations to Bar Commission for appropriate action

12. Law Related Education and Law Day. Organizes andpromotes events for the annual Law Day Celebration

13. Law & Technology. Creates a network for the exchange of information and acts as a resource for new and emerging technologies and the implementation of these technologies.

14. Lawyer Benefits. Reviews requests for sponsorship and involvement in various group benefit programs, including health, malpractice, insurance and other group activities.

15. Spring Convention. Selects and coordinates CLE topics, panelists and speakers, and organizes appropriate social and sporting events.

16. Law and Aging. Assists in formulating positions on issues involving the elderly and recommending appropriate legislative action.

17. New Lawyers CLE. Reviews the educational programs provided by the Bar for new lawyers to assure variety, quality and conformance with mandatory New Lawyer CLE requirements.

18. Unauthorized Practice of Law. Reviews and investigates complaints made regarding unauthorized practice of law and recommends appropriate action, including civil proceedings.

Detach & Mail by June 30, 2006 to:
Gus Chin, President-Elect - 645 South 200 East - Salt Lake City, UT 84111-3834

Posted by BarStaff at 07:17 PM PRINT Return to Utah Bar Journal

Utah Bar Foundation

Utah Bar Foundation

Notice of Annual Meeting & Open Board Position

The Utah Bar Foundation is currently soliciting nominations for an open position on the Board of Directors. All attorneys licensed in Utah and currently in good standing are welcome to apply. A nomination form must be completed and submitted to the Foundation offices by Friday, April 28, 2006. Nomination forms can be obtained from the Foundation offices at (801) 297-7046 or on the website at www.utahbarfoundation.org.

The Utah Bar Foundation will hold its Annual Meeting on Friday, July 14th between 8-9am at the Marriott Hotel in Newport Beach, CA. For additional information, please contact the Foundation offices.

Posted by BarStaff at 07:13 PM PRINT Return to Utah Bar Journal

Paralegal Division Celebrates 10th Anniversary

Paralegal Division Celebrates 10th Anniversary

The Paralegal Division is celebrating its 10th Anniversary. The Division was created by the Utah Supreme Court on April 6, 1996, pursuant to petition by the Utah State Bar and the Board of Bar Commissioners. The Paralegal Division is planning a celebration event on the evening of April 6, 2006 at Rice Eccles Stadium in the Scholarship Reception Room. Please watch for your invitation and plan to join them at this milestone event.

Posted by BarStaff at 07:13 PM PRINT Return to Utah Bar Journal

Seeking Nominations

Seeking Nominations

The Paralegal Division of the Utah State Bar and Legal Assistants Association of Utah are seeking nominations for "Distinguished Paralegal of the Year". Nomination forms and additional information are available online at http://www.utahbar.org/sections/paralegals or you may contact Suzanne Potts at (435) 634-1940 or spotts@clarksondraper.com. The deadline for nominations is April 15, 2006. The award will be presented at the Paralegal Day luncheon on May 18, 2006.

Posted by BarStaff at 07:11 PM PRINT Return to Utah Bar Journal

American College of Trial Lawyers Announces Induction

American College of Trial Lawyers Announces Induction

The Utah Fellows of the American College of Trial Lawyers are proud to announce that Walter F. Bugden has been inducted into the College.

The American College of Trial Lawyers strives to improve the standards of trial practice, the administration of justice and the ethics, civility, and collegiality of the trial profession. Invitation to Fellowship is extended only after careful investigation to those experienced trial lawyers who have mastered the art of advocacy and whose professional careers have been marked by the highest standards of ethical conduct, professionalism, civility, and collegiality.

Lawyers must have a minimum of fifteen years' trial experience before they can be considered for Fellowship and membership in the College cannot exceed 1% of the total lawyer population of any state.

The Utah Fellows of the College congratulates Wally Bugden, and welcomes him to the Fellowship.

Posted by BarStaff at 07:10 PM PRINT Return to Utah Bar Journal

January 24, 2006

2006 Spring Convention Awards

2006 Spring Convention Awards

The Board of Bar Commissioners is seeking applications for two Bar awards to be given at the 2006 Spring Convention. These awards honor publicly those whose professionalism, public service, and public dedication have significantly enhanced the administration of justice, the delivery of legal services, and the improvement of the profession. Award applications must be submitted in writing to Maud Thurman, Executive Secretary, 645 South 200 East, Suite 310, Salt Lake City, UT 84111, no later than Monday, January 16, 2006.

1. Dorathy Merrill Brothers Award - For the Advancement of Women in the Legal Profession.

2. Raymond S. Uno Award - For the Advancement of Minorities in the Legal Profession.

Posted by BarStaff at 11:45 AM PRINT Return to Utah Bar Journal

2006 Annual Convention Awards

2006 Annual Convention Awards

The Board of Bar Commissioners is seeking nominations for the 2006 Annual Convention Awards. These awards have a long history of honoring publicly those whose professionalism, public service and personal dedication have significantly enhanced the administration of justice, the delivery of legal services and the building up of the profession. Your award nominations must be submitted in writing to Maud Thurman, Executive Secretary, 645 South 200 East, Suite 310, Salt Lake City, UT 84111, no later than Friday, April 21, 2006. The award categories include:

* Judge of the Year

* Distinguished Lawyer of the Year

* Distinguished Section/Committee of the year

Posted by BarStaff at 11:44 AM PRINT Return to Utah Bar Journal

January 23, 2006

Notice of Election of Bar Commissioners

Notice of Election of Bar Commissioners

Third, Fourth & Fifth Divisions
Pursuant to the Rules of Integration and Management of the Utah State Bar, nominations to the office of Bar Commission are hereby solicited for two members from the Third Division, one member from the Fourth Division and one member from the Fifth Division, each to serve a three-year term. To be eligible for the office of Commissioner from a division, the nominee's mailing address must be in that division as shown by the records of the Bar.

Applicants must be nominated by a written petition of ten or more members of the Bar in good standing and residing in their respective Division. Nominating petitions may be obtained from the Bar office on or after December 1, and completed petitions must be received no later than February 10. Ballots will be mailed on or about April 1 with balloting to be completed and ballots received by the Bar office by 5:00 p.m. May 1. Ballots will be counted on May 2.

In order to reduce out-of-pocket costs and encourage candidates, the Bar will provide the following services at no cost.

1. Space for up to a 200-word campaign message plus a photograph in the March/April issue of the Utah Bar Journal. The space may be used for biographical information, platform or other election promotion. Campaign messages for the March/April Bar Journal publications are due along with completed petitions, two photographs, and a short biographical sketch no later than February 10.

2. A set of mailing labels for candidates who wish to send a personalized letter to the lawyers in their division.

3. The Bar will insert a one-page letter from the candidates into the ballot mailer. Candidates would be responsible for delivering to the Bar no later than March 15 enough copies of letters for all attorneys in their division. (Call Bar office for count in your respective division.)

If you have any questions concerning this procedure, please contact John C. Baldwin at the Bar Office, 531-9077.

NOTE: According to the Rules of Integration and Management, residence is interpreted to be the mailing address according to the Bar's records.

Posted by BarStaff at 04:59 PM PRINT Return to Utah Bar Journal

2005 Fall Forum Awards

2005 Fall Forum Awards

Reverend Mr. France A. Davis
Distinguished Community Member of the Year

James S. Jardine
Distinguished Lawyer of the Year

Su J. Chon
Pro Bono Lawyer of the Year

Hon. Richard C. Howe
Professionalism

Posted by BarStaff at 04:58 PM PRINT Return to Utah Bar Journal

Pro Bono Honor Roll

Pro Bono Honor Roll

Stanley Adams
Richard Armstrong
Lauren Barros
M. Paige Benjamin
James Blakesley
Mary Brown
Robert Cosson
Martin Custen
Jerald Engstrom
Dana Farmer
Angela Fonnesbeck
Samuel Gardiner
Nathan Hult
Jonathan Jaussi
Chase Kimball
H. Ralph Klemm
D. David Lambert
Deanna Lasker-Warden
Michelle Lesue
Robert Lovell
Vinh Ly
Ramona Mann
Daniel McKay
Suzanne Marychild
Stephen Mayfield
Sam Meziani
Russell Minas
William Morrison
Stephen Oda
Lester Perry
Candice Ragsdale-Pollock
Chen Shen
Emily Smoak
Kirsten Sparks
Steven Stewart
Sidney Unrau

Utah Legal Services and the Utah State Bar wish to thank these attorneys for their time and willingness to help those in need. Call Brenda Teig at (801) 924-3376 to volunteer.

Posted by BarStaff at 04:57 PM PRINT Return to Utah Bar Journal

Appointments

Appointments

The Bar appoints or nominates for appointments to various state boards and commissions each year. The following is a listing of positions which will become vacant in the next twelve months. If you are interested in being considered for one or more of these positions, please send a letter of interest and resume to John C. Baldwin, Utah State Bar, 645 South 200 East, Salt Lake City UT 84111 or e-mail john.baldwin@utahbar.org.

Term Ends

ABA House of Delegates Representative
Charles R. Brown July 1, 2006

Ethics Advisory Opinion Committee
Robert A. Burton July 1, 2005
John D. Day July 1, 2005
Linda F. Smith July 1, 2005
Keith A. Call July 1, 2006
Craig R. Mariger July 1, 2006
Gary G. Sackett July 1, 2006
Allen Sims July 1, 2006

Deception Detection Examiners Board
Brent Bullock July 1, 2006

Utah Legal Services Board of Directors
Stephen E. W. Hale July 1, 2006
Catherine F. Labatte July 1, 2006
A. Howard Lundgren July 1, 2006
Craig T. Peterson July 1, 2006
Francis M. Wikstrom July 1, 2006
Michael D. Zimmerman July 1, 2006

Posted by BarStaff at 04:56 PM PRINT Return to Utah Bar Journal

Utah State Lawyer Legislative Directory 57th Legislature 2006-2007

Utah State Lawyer Legislative Directory
57th Legislature 2006-2007

The Utah State Senate

Patrice Arent
Democrat - District 4

Education: B.S., University of Utah, 1978; J.D., Cornell Law School, 1981

Committee Assignments: Executive Office of Criminal Justice Appropriations Committee; Judiciary, Law Enforcement, and Criminal Justice Committee

Elected to House of Representatives, 1996; Elected to Senate, 2002

Area of Practice: Commercial Litigation

Gregory "S" Bell
Republican - District 22

Education: B.A., Weber State University; J.D., University of Utah Law School

Committee Assignments: Higher Education Appropriations Subcommittee; Health & Human Services Committee; Judiciary, Law Enforcement & Criminal Justice Committee; Revenue & Taxation Committee

Elected to Senate, 2002

Area of Practice: Real Estate Development

Lyle W. Hillyard

Republican - District 25

Education: B.S., Utah State University; J.D., University of Utah
Committee Assignments: Executive Appropriations Committee (Co-Chair); Judiciary, Law Enforcement & Criminal Justice Committee; Revenue & Taxation Committee

Elected to House, 1980; Elected to Senate, 1984

Areas of Practice: Criminal; Domestic; Personal Injury

Mark B. Madsen

Republican - District 13

Education: B.A., Spanish/American Studies, George Mason University, Fairfax, VA; J.D., J. Reuben Clark Law School, Brigham Young University

Committee Assignments: Commerce & Revenue Appropriations Committee (Co-Chair); Education Committee; Judiciary, Law Enforcement & Criminal Justice Committee; Workforce Services & Community and Economic Development Committee

Elected to Senate, 2004

Practice Area: General Counsel Office of Larry H. Miller

Scott D. McCoy

Democrat - District 2

Education: B.A., William Jewell College; M.A., George Washington University; J.D., Benjamin N. Cardozo School of Law of Yeshiva University

Committee Assignments: Health & Human Services; Natural Resources, Agriculture & Environment, Economic Development & Human Resources

Appointed to Senate, 2005

Dave L. Thomas

Republican - District 18

Education: B.S. Finance, Brigham Young University; J.D., College of William and Mary

Committee Assignments: Executive Offices & Criminal Justice Appropriations Committee (Co-Chair); Education Committee (Chair); Judiciary, Law Enforcement, & Criminal Justice Committee; Senate Rules Committee

Elected to Senate, 1988

John L. Valentine
Senate President

Republican - District 14

Education: Savanna High School, Anaheim, CA; B.S., J.D., Brigham Young University

Committee Assignments: Executive Subcommittee; Capital Facilities & Administration Appropriations Committee; Public Education Appropriations Subcommittee; Health & Human Services Standing Committee; Revenue and Taxation Standing Committee

Elected to House, 1988; Appointed to Senate, 1998; Elected to Senate, 2000

Areas of Practice: Corporate; Estate Planning; Tax

The Utah State House of Representatives

Ralph Becker
Minority Leader

Democrat - District 24

Education: B.A., American Civilization, University of Pennsylvania, 1973; J.D., University of Utah College of Law, 1977; Certificate in Planning, University of Utah 1977; M.S., Geography (Planning Emphasis), University of Utah, 1982

Legislative Assignments: Public Utilities & Technology Standing Committee; Executive Appropriation Committee; Capital Facilities & Administrative Services Standing Committee; Political Subdivisions Standing Committee

LaVar Christensen

Republican - District 48

Education: B.A., Brigham Young University, 1977; J.D., McGeorge School of Law, University of the Pacific, 1980

Legislative Assignments: Education Standing Committee (Vice Chair); Law Enforcement & Criminal Justice Standing Committee; Public Education Appropriations Committee

Areas of Practice: Business Transactions; Civil Litigation; Real Estate

Greg J. Curtis
Speaker of the House

Republican - District 49

Education: Brighton High School; B.S., Accounting, Brigham Young University, 1984; J.D., University of Utah College of Law, 1987
Elected: 1994

Legislative Assignment: Executive Appropriation Committee, Administrative Rules Review Committee, Legislative Managment Committee, Utah Constitutional Revision Commission

Practice Areas: Real Estate and Land Use and Development

Lorie D. Fowlke

Republican - District 59

Education: B.S., Law Enforcement, Brigham Young University; J.D., J. Reuben Clark Law School, Brigham Young University

Legislative Assignment: Commerce & Revenue Appropriations Committee; Public Utilities & Technology Standing Committee; Judiciary Standing Committee

Ross I. Romero

Democrat - District 25

Education: B.S., University of Utah, 1993; J.D., University of Michigan Law School, 1996

Legislative Assignments: Judiciary Standing Committee; Revenue & Taxation Standing Committee; Commerce & Revenue Appropriations Subcommittee

Practice Areas: Civil Litigation; Labor & Employment; Intellectual Property/Information Technology; Government Relations & Insurance Tort

Stephen H. Urquhart
Majority Whip

Republican - District 75

Education: Williams College; J.D., J. Reuben Clark Law School, Brigham Young University

Legislative Assignments: Executive Appropriation Committee; Public Education Appropriations Subcommittee; Education Standing Committee; Law Enforcement & Criminal Justice Standing Committee

Scott L. Wyatt

Republican - District 5

Education: B.S., Utah State University; J.D., University of Utah School of Law

Legislative Assignments: Business & Labor Standing Committee; Judiciary Standing Committee; Higher Education Executive Appropriations Committee

Elected to House, 2004

Practice Areas: Municipal Law; Business Litigation; Family Law; Litigation

Posted by BarStaff at 04:47 PM PRINT Return to Utah Bar Journal

January 20, 2006

Appointments

Appointments

Term Ends

ABA House of Delegates Representative
Charles R. Brown July 1, 2006

Deception Detection Examiners Board
Brent Bullock July 1, 2006

Posted by BarStaff at 09:42 AM PRINT Return to Utah Bar Journal

Ethics Advisory Opinion Committee Seeks Members

Ethics Advisory Opinion Committee Seeks Members

The Utah State Bar's Ethics Advisory Opinion Committee is seeking a volunteer member of the Utah State Bar to fill a vacancy on the Committee. The Committee responds to requests for opinions concerning ethics matters. The Committee is particularly interested in applicants who practice outside of Salt Lake County. Committee appointments are for a term of three years. Meetings are held at 4:00 p.m. on the second Tuesday of each month at the Utah Law & Justice Center, Salt Lake City, Utah. Members undertake individual research and writing assignments. Please send your resume to Craig Mariger, Chair of the Ethics Advisory Opinion Committee, Jones Waldo Holbrook & McDonough PC, 170 S. Main Street, Suite 1500, Salt Lake City, Utah 84101 no later than November 30, 2005.

Posted by BarStaff at 09:31 AM PRINT Return to Utah Bar Journal

Supplementation to Local Rules/ U.S. Bankruptcy Court/Utah

Supplementation to Local Rules/ U.S. Bankruptcy Court/Utah

Pursuant to Standing Order #1: Effective for all cases filed and also for existing cases converted to Chapter 13 after July 2005, new requirements for Local Rules 2003-1; 2083-1; 5005-1 and 6070-1 are available at: www.utb.uscourts.gov.

Posted by BarStaff at 09:26 AM PRINT Return to Utah Bar Journal

New Interim Rules and Forms/ U.S. Bankruptcy Court/Utah

New Interim Rules and Forms/ U.S. Bankruptcy Court/Utah

Pursuant to Standing Order # 2: Effective for all cases filed on or after the effective date of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, newly approved official forms and approved rules designed to implement the substantive and procedural changes mandated by the Act are available at: www.utb.uscourts.gov.

Posted by BarStaff at 09:21 AM PRINT Return to Utah Bar Journal

October 16, 2005

Commission Highlights

During its regularly scheduled meeting of July 13, 2005, which was held in Sun Valley, Idaho, the Board of Bar Commissioners received the following reports and took the actions indicated.

1. George Daines reviewed the convention schedule and announced that Hod Greeley (ABA Area Representative) Jim Smith (Arizona Bar) and Dennis Jonz (President of New Mexico Bar) would be attending the convention as visiting dignitaries. He also introduced Stephen Burt as the new public member recently appointed by the Supreme Court.

2. George announced that he would make a short presentation at the opening session of the convention regarding the proposed mandatory insurance disclosure rule. John Baldwin informed Commissioners that a notice of the proposal was placed in a recent E-Bulletin and the Bar had so far received four or five responses, all of which were opposed.

3. George reported that he received a letter of response from the Supreme Court on the CPI Index petition. While the Court would like to see details each time we request a fee increase, they will expedite requests. He further reported that because the Bar is in sound financial condition, there was no real harm in the CourtÕs denial of the petition. He also reported that the Court recently issued an order defining the practice of law and an order permitting non-lawyer representation in small claims court under certain conditions. New IOLTA rules also were recently approved by the Court. These rules require mandatory IOLTA participation, but allow for approved exemptions.

4. George reported that the Admissions Committee had finalized the proposed Law School Faculty Rule which provided limited admission for in-state law school faculty member to perform pro bono legal services without being a member of the Bar. The motion to approve the rule passed with Steve Burt opposed.

5. George stated that the Appellate Section wished to amend their bylaws. Discussion followed, the amendments were approved and it was suggested to revisit the issue of section/committee participation in the Governmental Relations Committee in the fall during the section/committee leadership workshop.

6. The motion to reappoint Lisa Hurtado Armstrong, Jody K. Burnett, Thom B. Roberts, Lauren I. Scholnick, Erik Strindberg and Roland F. Uresk to the Legal Services Board passed unopposed.

7. Steve Owens had been asked to chair a LAP sub-committee and the sub-committee members were announced: Gus Chin, George Daines, Leslie Francis (Professor at University of Utah), Felshaw King, Robert Part (AOCÕs Human Resource Director) and Julie Wray. The motion to approve the sub-committee membership passed with none opposed. George would like the sub-committee to evaluate RFPÕs and come back with a report and recommendations. David Bird reminded the sub-committee members that they are to evaluate the proposals rather than actually designate a provider.

8. John Baldwin reported on the 2005-06 budget and stated that the admissions department has the largest ever July exam pending. General discussion ensued about the admissions budget. As the Commission voted last year to ensure the admissions department pay for itself (via a Bar resolution), this issue needs to be closely monitored and revisited in December.

George provided background information on the BarÕs budget to new Commissioners. He characterized the budget as well run and observed the commission receives quarterly financial reports. The 2005-06 budget was approved with no opposition.

Scott Sabey stated that in view of the tremendous benefit that UDR provides in reducing the number of small claims cases, he supported approving the grant request. Gus Chin observed that UDR helps fulfill the BarÕs basic mission and other Commissioners concurred. The motion to approve the UDR grant request passed with David Bird opposed.

9. Craig Mariger (Chair of the Ethics Advisory Opinion Committee), Mary Corporon and Gary Sackett (both members of the Ethics Advisory Opinion Committee) were in attendance for the discussion of the Ethics Advisory Opinion #05-03. After a lengthy discussion, a vote was taken to approve majority opinion with portions modified as amended. Ten Commissioners voted in favor while David Bird and Felshaw King were opposed.

10. George welcomed new Commission members Rod Snow, Lori Nelson, Herm Olsen and Steve Burt.

George announced that Ex-Officio Commission positions for the upcoming year would be: the Young Lawyers Division, Women Lawyers of Utah, UMBA, the Paralegal Division, the Deans of the two Utah law schools, and the two ABA positions as well as a Past President position. The motion to approve the positions passed with none opposed.

11. David Bird announced that the Executive Committee members would be: Gus Chin, Nate Alder, Lowry Snow and Scott Sabey. The motion to approve the Executive Committee membership passed unopposed.

David Bird made a motion to allow the new Executive Committee members to sign Bar checks. The motion passed unopposed.

12. George reviewed the Commission meeting schedule for 2005-06. He noted that the October meeting may be held in Logan rather than Salt Lake.

13. Steve Owens, Rusty Vetter, David Bird and George Daines were duly recognized for their valuable service as Bar Commissioners.

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

Posted by BarBlogAdmin at 09:08 PM PRINT Return to Utah Bar Journal

The Utah Minority Bar Association Presents:'Celebrating Diversity in the Law'

The Utah Minority Bar Association Presents:
'Celebrating Diversity in the Law'
Banquet and Program Honoring the First 50 Minority Attorneys in Utah

October 15, 2005 at 6:00 p.m.
Grand America Hotel ¥ Salt Lake City, Utah

Since the Utah Minority Bar Association ('UMBA') first announced its upcoming 'First 50' event, excitement has been building rapidly. If you have not already heard, UMBA is hosting a celebration to honor and recognize the First 50 minority lawyers admitted to practice law in the State of Utah. This will be a gala event and everyone is invited. Many firms, organizations, and individuals have already committed to attend. I hope you do too.

The 'First 50' is a distinguished group, consisting of African-American, Asian-American, Hispanic-American, and Native American lawyers who are pioneers in the Utah legal field. Each of the First 50 overcame obstacles and prejudice to become a lawyer. Each has a unique story. The first minority attorney in Utah was an African-American gentleman named Lawrence Marsh who was admitted to practice law in 1909. From then, it took more than fifty years to arrive at ten minority lawyers admitted in Utah (in 1961, Kenneth M. Hisatake became the 10th minority attorney in Utah). Only one minority attorney, Kent T. Yano, was admitted in the 1960s (1968). The rest of the First 50 were admitted during the 1970s and the year 1980.

In spite of the barriers they faced, the First 50 have made an impressive mark on the Utah legal field. Members of the First 50 include eight Utah State Court Judges (Judge Raymond S. Uno (Ret.), Judge Glenn K. Iwasaki, Judge Howard H. Maetani, Judge Sheila K. McCleve, Judge Andrew A. Valdez, Judge William A. Thorne, Jr., Judge Tyrone Medley, and Judge Paul F. Iwasaki), as well as a United States Magistrate Judge (Judge Samuel Alba), a Federal Administrative Law Judge (Judge Gilbert A. Martinez), and a Navajo Supreme Court Justice (Justice Herbert Yazzie). Two of the First 50 are presently Professors of Law (Professor Larry J. EchoHawk at Brigham Young University and Professor Jimmy GurulŽ at Notre Dame). Others serve in government positions and many have started their own practices in a variety of fields. Some have held elected office, some have served our country in the military, some have held prestigious positions appointed by Presidents of the United States (among others, Michael N. Martinez served as Deputy General Counsel to the Equal Employment Opportunity Commission and Jimmy GurulŽ as Undersecretary of the U.S. Treasury).

Regardless of the path they took, all of the First 50 have contributed to bettering society through their service and efforts to create opportunities for others. Many have advocated for the civil rights and legal protections of the indigent and disadvantaged, and all have served as examples for those following in their footsteps. Many have volunteered their time and energy to various Boards and organizations to provide service to the community. Their accomplishments are too numerous to name here, but will be highlighted the night of the First 50 banquet.

Those of us in the legal field who are persons of color, in addition to all others in our state who benefit from the richness of diversity in the legal profession, owe much to the First 50. Please join us in honoring them. Your support will enable UMBA to pay tribute to the First 50 and to continue UMBA's important work in furthering diversity in the legal profession and advocating for legal services and education to minority communities. Some of UMBA's ongoing programs include: scholarships to minority law students, mentoring and educational programs for minority law students and attorneys, networking and business development for minority attorneys and others, furthering the 'Diversity Pledge' among legal employers, and promoting the provision of legal services and education to underserved minority populations.

UMBA would also like to thank the sponsors whose generous support will allow us to recognize the stories of these inspiring individuals. We hope that you will join us on October 15.

ERRATA
The list of First 50 attorneys published in the July/August issue of the Utah Bar Journal has been modified based on continued research by UMBA and information provided by Utah State Bar members. The following revisions have been made: (1) Lawrence Marsh (African American) was the first minority lawyer admitted in Utah (1909); (2) Thomas W. EchoHawk (Native American) (1978) has been added to the list; and (3) Jimmy GurulŽ's date of admission is 10/09/1980.

Please go to UMBA's website at www.umbalaw.com for further information and to see an updated list of the First 50.

FIRST 50 SPONSORS

Underwriter Sponsors ($10,000+)
Ballard Spahr Andrews & Ingersoll, LLP
Parsons Behle & Latimer

VIP Sponsors ($2,500)
American Express
Smiles for Diversity Foundation (Dr. Dan Fischer of Ultradent)
Snow, Christensen & Martineau
Van Cott, Bagley, Cornwall & McCarthy

VIP (In-Kind) Sponsors ($2,500+)
Reagan Outdoor Advertising
Utah Law & Justice Center
Utah State Bar
Vanguard Media Group

UMBA Angel ($1,500)
Chapman & Cutler
Christensen & Jensen
Jones Waldo Holbrook & McDonough
Litigation Section of the Utah State Bar
Manning Curtis Bradshaw & Bednar, LLC
Richards, Brandt, Miller & Nelson
Snell & Wilmer LLP
Zions First National Bank

UMBA Friend ($1,000)
ATK
Bendinger, Crockett, Peterson, Greenwood & Casey, PC
Callister Nebeker & McCullough
Durham Jones & Pinegar
Fabian & Clendenin
Holland & Hart, LLP
Holme Roberts & Owen, LLP
Holland & Hart, LLP
Hon. Raymond S. Uno (Ret.)
J. Reuben Clark School of Law (BYU)
Kennecott Utah Copper Corporation
Law Offices of Blake Nakamura
LDS Foundation
National Asian Pacific American Bar Association
Parr Waddoups Brown Gee & Loveless
Ray Quinney & Nebeker
S.J. Quinney School of Law (University of Utah)
Stoel Rives LLP
Strong & Hanni, PC
Utah Hispanic Chamber of Commerce
Utah Trial Lawyers Association
Workman Nydegger, PC
Young Lawyers Division of the Utah State Bar

UMBA Patron (up to $999)
Clayton A. Simms, LLC
Law Office of Robert M. Archuleta
Strindberg Scholnick & Chamness, LLC

Posted by BarBlogAdmin at 09:08 PM PRINT Return to Utah Bar Journal

2005 Fall Forum Awards

The Board of Bar Commissioners is seeking nominations for the 2005 Fall Forum Awards. These awards have a long history of honoring publicly those whose professionalism, public service and personal dedication have significantly enhanced the administration of justice, the delivery of legal services and the building up of the profession. Your award nominations must be submitted in writing to Maud Thurman, Executive Secretary, 645 South 200 East, Suite 310, Salt Lake City, UT 84111, no later than Tuesday, September16, 2005. The award categories include:

1. Distinguished Community Member Award
2. Pro Bono Lawyer of the Year
3. Professionalism Award

Posted by BarBlogAdmin at 09:08 PM PRINT Return to Utah Bar Journal

Grant Program Seeks Requests

'and Justice for all' annual grant program seeks requests to support civil legal aid programs in Utah. Grants are made to non-profit organizations in Utah providing direct legal aid, especially those who face barriers due to income, disability, age, geography, race or ethnicity. The agency expects to award three to six grants totaling approximately $25,000. Grants are due September 30, 2005. For an application please contact kaiwilson@lasslc.org.

Posted by BarBlogAdmin at 09:08 PM PRINT Return to Utah Bar Journal

Utah Attorney Swims English Channel

Richard Barnes, a Utah attorney, has accomplished something no other Utahn has done before. On August 6, 2005 he swam the English Channel. The swim from England to France was completed in sixteen hours and forty-three minutes.

Known as the 'Mount Everest' of swimming because of its difficulty, the English Channel is 21 miles straight across, but because of the very strong currents, tides, and weather conditions, swimmers must swim much further than that. Richard Barnes' swim was approximately 36 miles.

Richard entered an elite group of swimmers who have successfully made the crossing. Out of thousands of attempts, only approximately 680 people have completed the swim, less than half of the number of people who have climbed Mr. Everest.

The English Channel is known as the most difficult open water swim because of the extreme cold water, averaging only 60 degrees at its warmest season. Other obstacles are jellyfish stings, strong currents, and six-foot swells, not to mention the occasional passing freighter creating even larger waves. It is one of the busiest shipping lanes in the world with 600 tankers passing through and 200 ferries and other vessels going across daily.

In order to be officially recognized by the Channel Swimming Association, swimmers are not allowed to wear a wet suit or anything that will aid in buoyancy or thermal protection. The only exception is that swimmers are allowed to apply 'Channel Grease' (a mixture of Vaseline and lanolin) before the swim.

Mr. Barnes has been practicing law for five years and works as an insurance defense attorney for Paul H. Matthews & Associates, P.C.

Posted by BarBlogAdmin at 09:08 PM PRINT Return to Utah Bar Journal

Utah State Bar Presents Awards At 2005 Annual Convention

The Annual Awards of the Utah State Bar were presented at the Bar's 75th Annual Convention by the Board of Bar Commissioners, on behalf of the entire Bar membership. Recipients are selected on the basis of achievement; professional service to clients, the public, courts and the Bar; and exemplification of the highest standards of professionalism to which all judges and lawyers aspire.

Judge of the Year
Hon. Andrew A. Valdez
Judge Andrew A. Valdez was appointed to the Third District Juvenile Court in June of 1993 by Gov. Michael O. Leavitt. He serves Salt Lake, Summit and Tooele counties. He graduated from the University of Utah College of Law in 1977.

Prior to his appointment, Judge Valdez was a commissioned captain in the U.S. Army J.A.G. Corp and trial counsel with the Legal Defenders Association Felony/Homicide Division.

Awards include Board of Youth Corrections Distinguished Service Award; American Red Cross Lifesaver Award; Minority Bar Association Leadership Award; Lillian Smith 'Youth Advocate of the Year' Award; 'Peace in the Streets' Award given by the Salt Lake Area Gang Project; U.C.L.R. Leadership Award; Catholic Community Service Award; and Honorary Doctorate Degree of Humane Letters, Salt Lake Community College.

Judge Valdez has developed a court-based mentoring program, partnerships with community education schools, and opportunities for female juvenile offenders to work off restitution obligations.

Judge Valdez has served as chair of the statewide Youth Parole Authority, and has served on the Utah Sentencing Commission, Board of Trustees for Primary Children's Medical Center, Juvenile Justice Task Force, Board of Juvenile Court Judges, and the Judicial Council. He is currently a member of the National Youth Gang Center and was honored January 2003 with the Martin Luther King Civil Rights Award by the N.A.A.C.P. Judge Valdez was awarded the Footprinter's Association Law Enforcement Officer of the Year award and the Utah Children Child Advocate of the Year award in May 2005.

Distinguished Committee of the Year
Governmental Relations
Lori W. Nelson & Scott R. Sabey, Co-Chairs
The Bar's Governmental Relations Committee assists the members of the Bar by monitoring activity at the offices of the Governor, Senate and the House of Representatives. Pursuant to Article VIII, Section 4 of the Utah Constitution, and as set out in Rule III, Section O of the Supreme Court Rules of Professional Practice and State Bar Integration and Management, the Utah Supreme Court has directed the Governmental Relations Committee to study and provide assistance on public policy issues, and advise the Bar Commission on positions to adopt on public policy issues and pending legislation. This includes issues involving: the courts of this state; rules of procedure and evidence in the courts; the administration of justice; the practice of law; and matters of substantive law on which the collective expertise of lawyers has special relevance and/or which may affect an individual's ability to access legal services or the legal system as defined by the Utah Supreme Court.

The Committee also uses the broad participation of the Bar by seeking participation in the Governmental Relations Committee by each of the other Sections and Committees of the Bar. The Committee's members also review and analyze pending or proposed legislation and provide technical assistance to the Legislature, the Governor, the Judicial Council and other public bodies upon request.

The greatest challenge the Governmental Relations Committee has faced over the last few years has been to improve the Bar's relationship with the Legislature. A better working relationship is necessary to assist in improving the quality and clarity of laws that are passed. To that end Constitutional Law classes by professors of both law schools have been offered for new legislators, presentations on the available services of the Governmental Relations Committee have been made to the caucuses of both parties, and meetings have been held with key members of the House and Senate. The Committee has also assisted the Bar Commission in the effort to ensure the Bar's representations to the Legislature are consistent with the views of its members.

The degree of success enjoyed to date in Governmental Relations Committee's overall goals of improving the practice of law for lawyers and the impact of the laws on the public could not be accomplished without the tremendous contributions of Bar member John T. Nielsen, to whom we all owed a debt of thanks.

Distinguished Section of the Year
Alternative Dispute Resolution
Michelle M. Roybal, Chair
At 136 members, the ADR Section may well be one of the smallest of our Bar. We have found, however, that the membership is vocal, strong, and committed to supporting events advocating for dispute resolution throughout our community.

The Alternative Dispute Resolution Section of the Utah State Bar is pleased to welcome attorneys and non-attorneys as its members. We are one of the few Sections of the State Bar authorized to allow non-attorney members to join. We believe this is indicative of the collaborative work that we do as conflict resolution practitioners and we hope that the professional diversity represented in our Section improves the quality of the education programs we offer as a Section.

Some of the accomplishments of the ADR Section over this past year include the establishment of the ADR Academy as our flagship event, co-sponsoring the Utah ADR Symposium Seeking Just Resolutions with the Utah Council on Conflict Resolution, and holding sessions at the Midyear Conference, Annual Convention and Fall Forum. As well, annually, the Section honors a community member who has significantly contributed to the field of dispute resolution with the Peter W. Billings, Sr. Outstanding Service Award.

In addition to these CLE and professional development programs, our members have become increasingly involved in outreach and education efforts regarding conflict resolution. We have been involved with the review of legislation mandating mediation in domestic law disputes in Utah, as well as the in the establishment of a volunteer mediation program at the Sandy Division of the Third District Court. One of the primary goals of the Section leadership over the coming years is to increase the exposure of students in public schools to the ADR process and to their own abilities to resolve conflicts in an effective manner.

We are honored by this award from the Board of Bar Commissioners and are pleased to be involved in the recognition of the importance of the role of lawyer as problem solver.

Posted by BarBlogAdmin at 09:08 PM PRINT Return to Utah Bar Journal

August 06, 2005

Seeking Nominations for the Peter W. Billings, Sr. Outstanding Dispute Resolution Service Award

Please submit nominations for this award by September 30, 2005 to Peter W. Billings, Jr., P. O. Box 510210, Salt Lake City, UT 84151.

Posted by BarJournal at 07:30 PM PRINT Return to Utah Bar Journal

2005 Fall Forum Awards

The Board of Bar Commissioners is seeking nominations for the 2005 Fall Forum Awards. These awards have a long history of honoring publicly those whose professionalism, public service and personal dedication have significantly enhanced the administration of justice, the delivery of legal services and the building up of the profession. Your award nominations must be submitted in writing to Maud Thurman, Executive Secretary, 645 South 200 East, Suite 310, Salt Lake City, UT 84111, no later than Monday, September 19, 2005. The award categories include:

1. Distinguished Community Member Award

2. Pro Bono Lawyer of the Year

3. Professionalism Award

Posted by BarJournal at 07:26 PM PRINT Return to Utah Bar Journal

Commission Highlights

During its regularly scheduled meeting of April 22, 2005, 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 reviewed the retreat schedule for June 3rd and 4th and also gave a report on Western States Bar Conference. George noted that it was the "best affair of its kind," an excellent convention with valuable information.

2. Gus Chin suggested that the Bar should reimburse a higher portion of Commissioners' overnight expenses at the Spring and Annual Conventions. Currently the Bar pays for only two nights accommodations (Wednesday and Thursday) which prohibits attendance at later scheduled events. George would like Gus to draft a memo outlining this issue and would like John Baldwin to prepare a memo on reimbursement policies in time for the June meeting.

3. Steve Waterman presented a discussion on Faculty/Student Bar Relationships concept and distributed a new handout. Under section II of the handout, he explained that the "equivalent" of a character and fitness evaluation has been delegated to the deans of the law schools. Under section III, the Bar would have the right to terminate the faculty member's license to practice at any time. A draft rule would first be submitted to the Commission before sending it to the Court for final approval. Steve also reported that the rule would be limited to in-state ABA approved law schools.

4. John Baldwin proposed an increase in the licensing fee for inactive full service members. Currently, inactive members pay $90 and receive the Bar Journal. The $90, however, does not cover the cost of the Bar Journal. The proposal is to increase the fee to $120 which will cover the Bar Journal and give inactive members access to CaseMaker. The motion to increase the inactive full service fee passed unopposed.

5. George Daines reported that he, David Bird and John Baldwin had met with Chief Justice Christine Durham regarding the Consumer Price Index Petition. George concluded the discussion by observing that a fee increase would be unnecessary this year.

6. George reported that the Court had recently undergone a legislative audit and based, in part, on the value of the experience, believed a similar process would be helpful for the Bar as well. The Court would like the Bar to have a performance audit every 4-5 years as directed. George stated that it would not be a financial audit like the Court experienced this year, but more of a management analysis.

7. George reported on the discussion over the concept of mandatory malpractice insurance disclosure and noted that Justice Durham's reception was a favorable one.

8. George noted that the legislative lawyer CLE concept to give CLE credit for full-time service in the Utah Legislature had been discussed with justice Durham. The motion to support presenting this issue to the MCLE Committee, i.e. to provide MCLE credit to full-time service legislators during the legislative session but lawyer legislators would still be required to complete the required ethics component passed unopposed.

9. George informed Commissioners that D'Arcy Dixon Pignanelli had resigned from the Commission and that the Court will need to appoint a replacement public member.

10. David Hamilton explained the Client Security Fund's recommendations that $23,400 be paid for acts of dishonesty. The Commission voted to approve the claims as set forth without dissent.

11. February Bar Exam Applicants were approved without dissent.

12. Yvette Dias reported on mandatory insurance disclosure. A lengthy discussion followed. The motion to place a malpractice insurance question on the licensing form, a request which asks if the attorney has malpractice insurance (in the minimum amount of $100,000) passed without dissent. The motion for the Committee to meet and draft a report including: (1) the cost of obtaining $100,000 malpractice coverage; (2) the impact on solo practitioners and minorities; (3) review the South Dakota model; (4) the impact on class actions and criminal cases; and (5) the consequences on attorneys who cannot obtain insurance, passed without dissent.

13. Rusty Vetter reported on the research he did regarding other states using Employee Assistance Programs. A lengthy discussion followed. Rusty made a motion to have Katherine and John Baldwin review and edit the RFP form and to solicit responses to the RFP which would be due by the May Commission meeting in order to make a proposal at the June Commission meeting. The motion passed without dissent.

14. David Bird reported on the Judicial Council.

15. John Baldwin reminded everyone of the upcoming Commission election. Ballots will be mailed on May 2nd and counted on June 2nd. Law Day lunch is to be held on May 6th and the Admissions Ceremony at the Salt Palace is to be held on May 24th. Nate Alder informed Commissioners of the Minority Bar Gala event at the Grand America on Saturday, October 12, 2005.

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

Posted by BarJournal at 07:02 PM PRINT Return to Utah Bar Journal

President-Elect and Bar Commission Election Results

Gus Chin was elected President-Elect of the Utah State Bar. He received 1,307 votes to Rusty Vetter's 1,008 votes. Rodney G. Snow and Stephen Owens were elected to the Commission in the Third Division. Rodney received 968 votes and Stephen received 862 votes. With 772 votes in the Third Division, Lori W. Nelson was elected to fill the unexpired term of David R. Bird.

Herm Olsen ran unopposed in the First Division.

Posted by BarJournal at 07:01 PM PRINT Return to Utah Bar Journal

June 11, 2005

Commission Highlights

During its regularly scheduled meeting of March 10, 2005, which was held in St. George, Utah, the Board of Bar Commissioners received the following reports and took the actions indicated.

1. George Daines reviewed the scheduled events for the Spring Convention beginning with the awards and keynote speaker Friday morning. He informed the Commissioners of the Law Day Luncheon on May 6th and the Commission retreat to be held in Deer Valley on June 3rd and 4th. The final Commission meeting will be held on July 13th in Sun Valley, Idaho at the Annual Convention.

2. David Bird announced that he will be resigning his Commission seat so there will be three openings (rather than two as previously thought)and the third person to fill the two-year unexpired term. There are several approved methods to use in selecting David's replacement. The motion was made and passed with no opposition to select the top three candidates filling the vacancies and the third person to fill the unexpired two-year term of David Bird. It was suggested to amend the motion so that all three individuals serve a three-year term. John Baldwin noted that the Bylaws provided for this modification so long as no more than five but at least four commissioners' terms expire in any one-year. The motion passed with no opposition.

3. Gus Chin, Rusty Vetter and Kim Wilson, candidates for the office of President-elect, each gave a short presentation. After voting it was determined that Rusty Vetter and Gus Chin would be running in the election as President-elect.

4. John Baldwin discussed the changes to the Bar's 401 (k) provider from Principal to John Hancock. The motion to make the change passed with no opposition.

5. Katherine Fox explained the minor revisions made to the Paralegal Division Affidavits. The motion to accept the changes to the affidavits passed with no opposition.

6. John Baldwin reported that the Casemaker research link is on the Bar's website and members will receive their pin numbers via e-mail. The Bar has received a number of positive comments and the members seem to be grateful to have a benefit that is quick, simple and inexpensive.

7. John Baldwin reported that Law and Justice Center security improvements are moving along. Options are being reviewed for additional motion sensors installed on windows and doors.

8. John Baldwin reported on Bar communications. Efforts are being focused on: (a) what is the message the Bar wants to convey and (b) regularly scheduled messages to specific groups. The e-mail bulletin seems to be the best way to disseminate information to the members on a regular basis for general information.

9. John Baldwin reported on the developments of LegalSpan. He noted that 150 bars need internal software of one kind or another and if the Bar assists in developing the prototype, then we can market the product to other bars and possibly make some money. We are currently working on getting other states to join us in a "Bar Alliance" to develop this prototype and to help share the cost.

10. David Bird gave a report on the Judicial Council meeting. It was noted that the Legislature granted a 6% salary increase to the judiciary.

11. John T. Nielsen reported on the Legislative session. He noted that the most significant accomplishments during the session were: (a) an increase in the judicial salaries and (b) legislators appointed to the Judicial Appropriations Committee.

12. Scott Sabey gave the Governmental Relations committee report. Scott reports that there are two areas of concern: (a) a shortage of participation and involvement from sections; and (b) the need for assistance at regular committee meetings. The shortage of participation and involvement by sections is becoming a major problem because while the committee is telling legislators that they can assist with the drafting of bills etc., they are not receiving help from members. George Daines noted that the Commission would prepare a letter for committee members informing them of their duty to follow certain requirements before speaking on behalf of the Bar (or the sections).

13. Rusty Vetter reported on the Lawyers Helping Lawyers Committee. A discussion followed the report and will continue in April.

14. John Baldwin reported that the Finance Committee would like to change the investment policy. He explained that the change is technical in nature but is designed to maintain invested funds for a longer period of time but for no longer than 18 months. The motion to approve the change passed with no opposition.

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

Posted by BarBlogAdmin at 10:25 PM PRINT Return to Utah Bar Journal

2005 Fall Forum Awards

1. Distinguished Community Member Award

2. Pro Bono Lawyer of the Year

3. Professionalism Award

Posted by BarBlogAdmin at 10:23 PM PRINT Return to Utah Bar Journal

West Jordan Courthouse to Open Doors in June

A new West Jordan Courthouse is scheduled to open its doors for business at 8080 Redwood Road on Monday, June 20, 2005. The 112,000 sq. ft. courthouse will be the second largest courthouse in Utah - next to the Scott M. Matheson Courthouse - with a 12-courtroom configuration. The courthouse will administer cases from the south end of the Salt Lake valley and will expand operations to execute court functions that previously have not been available at the Sandy and West Valley City courthouses.

Since the ground breaking on the courthouse took place November 2003, work has been steady to build the $19.3 million facility. The courthouse will include six Third District courtrooms - including two unfinished courtrooms - and six Third District juvenile courtrooms - one of which will be unfinished. In addition, Alternative Dispute Resolution and mediation rooms will be located in the courthouse and are designed to minimize the formality of the courtroom setting. Offices for the District Attorney's office will also be located in the courthouse.

"The West Jordan Courthouse will allow the public from the south end of the valley convenient access to court services," said Dan Becker, Utah State Court administrator. "The West Jordan facility will offer all of the services available at the Matheson Courthouse, but not currently available at the Sandy or West Valley City courthouses."

Employees of the Sandy and West Valley City courthouses will move into the West Jordan Courthouse during the week of June 13. The Sandy Courthouse will close for business on June 10 at 5:00 p.m. and the West Valley City Courthouse is expected to completely close fall 2005. The West Jordan Courthouse phone numbers and additional information will be posted on the Utah State Courts' website at www.utcourts.gov when available.

GSBS Architects designed the West Jordan Courthouse. The firm also designed the Logan Courthouse. Okland Construction Company is the project contractor.

Posted by BarBlogAdmin at 10:21 PM PRINT Return to Utah Bar Journal

December 18, 2004

Notice of Election of Bar Commissioners

Notice of Election of Bar Commissioners

First and Third Divisions
Pursuant to the Rules of Integration and Management of the Utah State Bar, nominations to the office of Bar Commission are hereby solicited for one member from the First Division and two members from the Third Division, each to serve a three-year term. To be eligible for the office of Commissioner from a division, the nominee's mailing address must be in that division as shown by the records of the Bar.

Applicants must be nominated by a written petition of ten or more members of the Bar in good standing and residing in their respective Division. Nominating petitions may be obtained from the Bar office on or after January 3, and completed petitions must be received no later than February 15. Ballots will be mailed on or about May 2 with balloting to be completed and ballots received by the Bar office by 5:00 p.m. May 31. Ballots will be counted on June 1.

In order to reduce out-of-pocket costs and encourage candidates, the Bar will provide the following services at no cost.

1. Space for up to a 200-word campaign message plus a photograph in the March/April issue of the Utah Bar Journal. The space may be used for biographical information, platform or other election promotion. Campaign messages for the March/April Bar Journal publications are due along with completed petitions, two photographs, and a short biographical sketch no later than February 1.
2. A set of mailing labels for candidates who wish to send a personalized letter to the lawyers in their division.

3. The Bar will insert a one-page letter from the candidates into the ballot mailer. Candidates would be responsible for delivering to the Bar no later than April 18 enough copies of letters for all attorneys in their division. (Call Bar office for count in your respective division.)

If you have any questions concerning this procedure, please contact John C. Baldwin at the Bar Office, 531-9077.

NOTE: According to the Rules of Integration and Management, residence is interpreted to be the mailing address according to the Bar's records.

Posted by BarStaff at 11:32 AM PRINT Return to Utah Bar Journal

Notice of Direct Election of Bar President

Notice of Direct Election of Bar President
In response to the task force on Bar governance the Utah Supreme Court has amended the Bar's election rules to permit all active Bar members in good standing to submit their names to the Bar Commission to be nominated to run for President-Elect in a popular election and to succeed to the office of President. The Bar Commission will interview all potential candidates and select two final candidates who will run on a ballot submitted to all active Bar members and voted upon by the active Bar membership. Final candidates may include sitting Bar Commissioners who have indicated interest.

Letters indicating an interest in being nominated to run are due at the Bar offices, 645 South 200 East, Salt Lake City, Utah, 84111 by 5:00 P.M. on March 1, 2005. Potential candidates will be invited to meet with the Bar Commission in the afternoon of March 10, 2005 at the commission meeting in St. George. At that time the Commission will select the finalist candidates for the election.

Ballots will be mailed May 2nd and will be counted June 1st. The President-Elect will be seated July 13, 2005 at the Bar's Annual Convention and will serve one year as president-elect prior to succeeding to president. The president and president-elect need not be sitting Bar commissioners.

In order to reduce campaigning costs, the Bar will print a one page campaign statement from the final candidates in the e-Bulletin and will include a one page statement from the candidates with the election ballot mailing. For further information call John C. Baldwin, Executive Director, 297-7028, or e-mail jbaldwin@utahbar.org.

Posted by BarStaff at 11:31 AM PRINT Return to Utah Bar Journal

2005 Spring Convention Awards

2005 Spring Convention Awards
The Board of Bar Commissioners is seeking applications for two Bar awards to be given at the 2005 Spring Convention. These awards honor publicly those whose professionalism, public service, and public dedication have significantly enhanced the administration of justice, the delivery of legal services, and the improvement of the profession. Award applications must be submitted in writing to Maud Thurman, Executive Secretary, 645 South 200 East, Suite 310, Salt Lake City, UT 84111, no later than Monday, January 17, 2005.

1. Dorathy Merrill Brothers Award - For the Advancement of Women in the Legal Profession.

2. Raymond S. Uno Award - For the Advancement of Minorities in the Legal Profession.

Posted by BarStaff at 11:29 AM PRINT Return to Utah Bar Journal

Karin Hobbs Receives the 2004 Peter W. Billings, Sr. Award

Karin Hobbs Receives the 2004 Peter W. Billings, Sr. Award
Karin Hobbs, long-time mediator and ADR mentor, received the 2004 Peter W. Billings, Sr. Award for Excellence in ADR at the State Bar's recent Fall Forum on Friday, October 22nd at the Marriott-University Park Hotel. The award honors the legacy of Peter W. Billings, Sr., a pioneer and a champion of the collaborative dispute resolution process and mediation in Utah.

Karin is known by many for her skill as a mediator, and for her talent as a trainer for advocates and neutrals in Alternative Dispute Resolution. Karin has also worked tirelessly for the ADR Section of the Bar from its inception.

Karin's work includes the mediation of over 1000 cases in a variety of subject matters, including property, employment, personal injury, family and construction law. She has been an adjunct professor of ADR at the S. J. Quinney College of Law at the University of Utah. She is also an associate member of the International Academy of Mediators and a previous board member for the Utah Council on Conflict Resolution.

She has trained many attorneys in the art of ADR Advocacy, as well as many neutrals in how to be better mediators and arbitrators.

Posted by BarStaff at 11:27 AM PRINT Return to Utah Bar Journal

2005 Annual Convention Awards

2005 Annual Convention Awards
The Board of Bar Commissioners is seeking nominations for the 2005 Annual Convention Awards. These awards have a long history of honoring publicly those whose professionalism, public service and personal dedication have significantly enhanced the administration of justice, the delivery of legal services and the building up of the profession. Your award nominations must be submitted in writing to Maud Thurman, Executive Secretary, 645 South 200 East, Suite 310, Salt Lake City, UT 84111, no later than Friday, April 22, 2005. The award categories include:

1. Judge of the Year
2. Distinguished Lawyer of the Year
3. Distinguished Section of the Year
4. Distinguished Committee of the Year

Posted by BarStaff at 11:26 AM PRINT Return to Utah Bar Journal

Bar Welcomes New Admittees

Bar Welcomes New Admittees
242 new admittees were welcomed into the Utah State Bar at an admission ceremony held at the Salt Palace on October 21, 2004. Family and friends of the new admittees gathered to listen while Matthew B. Durrant, Justice of the Utah Supreme Court, addressed the audience. Michael J. Wilkins, Associate Chief Justice of the Utah Supreme Court conducted the event and a large gathering of judges from both the Utah Supreme Court and the United States District Court for the District of Utah were in attendance. Refreshments were provided after the ceremony.

A sincere thank you goes to all the volunteers who donate their time to assisting with the admission process. Over 100 attorneys volunteer their time to assist the Bar in everything from reviewing applications and conducting character and fitness hearings to drafting and reviewing Bar exam questions and grading exams. These attorney volunteers include members of the Admissions Committee, the Character and Fitness Committee, the Special Accommodations Committee, and the Bar Examiner Committee. The Bar greatly appreciates the contribution made by these individuals. THANK YOU!

Todd B Alder
Warde S Allan
Jared G Andersen
Dax D Anderson
Jared M Anderson
Meb W Anderson
Michelle L Anderton
Brent A Andrewsen
Tammie J Anstead
Aaron M Aplin
David L Armond
Harold H Armstrong
Michael R Arsenault
Jamison D Ashby
Michael M Ballard
Joel M Ban
Todd S Barfuss
Jason W Barrus
Peter J Baxter
Sara N Becker
Scott S Bell
Jonathan M Benns
Doug A Bernacchi
Bronson D Bills
Jedediah P Bingham
Richard Bissell
Jayme L Blakesley
Virginia A Blanchard
Brynn Bowen
Daniel W Bower
Bradley J Britzmann
Stevin E. Brooks
Daniel Brough
Mary E Brown
Meagan B Brunson
Bryan C Bryner
J. Scott Burris
Christopher W Call
J. Sim—n Cantarero
Jennifer R Carrizal
Reuben H Cawley
Yoram Chady
Holly S Chamberlain
Richard K Chang
Michelle H Christensen
K. Adam Christian, Jr.
Michael E Christiansen
Bret S Clark
Timothy K Conde
Harold F Cook, Jr.
Jeremy R Cook
Royce B Covington
Nathan A Crane
Jessie M Creighton
Timothy J Curtis
Timothy P Daniels
Joshua M Deere
David B Dibble
Aaron P Dodd
Ryan K Done
Aaron M Drake
Thomas J Ellis
David C Epperson
Jeremy B Eyre
Brandon A Fairbanks
Nicole G Farrell
Darin C Fawcett
Gregory N Ferbrache
Jared C Fields
Daniel E Flynn
Douglas B Foley
Charles A Foster
John B Fowles
Robert S Fox
Terry L Fund
Barton L Gertsch
Claire Gillmor
Heidi G Goebel
Lisa Gray
Richard E Grealish
Jeramy R Green
Stephen L Griffith
Rick L Guerisoli
Jason D Hadley
Kimberly M Hammond
Jack G Hanley
Gregory K Hansen
Jeremy H Harris
Kirk R Harris
Matthew L Harris
Deacon G Haymond
Tara A Haynes
Elizabeth B Henry
Brian H Hess
Dusten L Heugly
Bryce B Higbee
Derrick M Higley
Joseph S Hill
Steven W Hopkins
Jennifer E Horan
Brian R Hughes
Jason C Hunter
Blair R Jackson
Lori A Jackson
Cameron N Jacobson
Erik G Jacobson
Jonathan G Jemming
Shane K Jensen
Casey W Jewkes
Brock E Johansen
Benjamin D Johnson
Craig R Johnson
Tiffany L Johnson
David A Jones
Martin D Jones
P. Justin Judd
Robert A Justman
Kristopher S Kaufman
Walter T Keane
Joshua F King
Aaron M Kinikini
Ryan M Lambert
Timothy J Larsen
Janci M Lawes
Jonathan D Lear
Aaron D Lebenta
Lisa E Lewis
Joshua Little
Charles Livsey
Ellen Hall Loveland
Kathryn Lusty
Nathan D Lyon
R. Spencer Macdonald
Joseph B Mackey
Amber K Spencer Madsen
York A Major
Jarod R Marrott
Jared A Martin
David F Marx
Daniel B Mathews
Stephen J Mayfield
Mark C McBride
Sean P McBride
Willis F McComas
Timothy S McCoy
Kathleen E McDonald
Russell B Mead
Clark Merkley
Jeffery C Metler
Hillary J Morgan
Theron D Morrison
Daren G Mortenson
Brennan H Moss
C. Lee Mumford
Tyler L Murray
Karthik Nadesan
Kristen D Nehrke
Bruce L Nelson
Nathan D Nelson
Michael J Nielson
W.R. Theodore Nolan
Amanda R Oaks
Mel C Orchard III
Jared J Pace
Bryan J Pack
Aerie Parkinson
Brett R Parkinson
Warren M Pate
Gary W Pendleton
Joshua K Peterman
Brett H Peterson
Vaughn R Pickell
Candice Pitcher
Paul R Poulsen
Jared W Quincy
J. Reed Rawson
Nicole Reitze
Spencer W Rice
Lance D Rich
Brandon R Richards
Eric B Robinson
Christopher C Rogers
Christopher J Rogers
Jeanette D Rogers
Scott B Romney
Melinda S Rosevear
Brent W Salazar-Hall
Stephanie E Sankey
Keely Schneiter
Michael J Scott
Christine M Seaman
Rafael A Seminario
Chen Shen
Charity Shreve
Jessica Shulsen
Thomas J Siepmann
Blynn A Simmons
Nicole A Skolout
Emily V Smith
Mark R Smith
Matthew D Smith
Megan L Smith
Mathew N Sorensen
Charles C Spence
Gregory A Steed
Kathryn J Steffey
Gregg D Stephenson
Erin M Stone
Harold W Stone III
Benjamin B Stoneman
Ryan D Stout
Robert D Strieper
Jacob A Sweeten
Michelle Swift
Ariel K Taylor
Wade Taylor
John M Tefan
Travis R Terry
Ann S Thomas
Heather L Thuet
Jenifer L Tomchak
Mandie J Torgerson
Don M Torgerson
Phillip M Truman
Kevin A Turney
Melanie J Vartabedian
Thomas R Vaughn
Carol Warnick
Chad T Warren
Brian C Watts
Jason P Webb
Russell B Weekes
David J Weissman
Nicholas D Wells
Joanne Wetzler
Joseph A Willard
Jay B Wimmer
James T Wolverton
Brandon G Wood
Mark T Woodliff
Gregory S Wright
Flerida Ruth C Zabala

Posted by BarStaff at 11:24 AM PRINT Return to Utah Bar Journal

Fund for Client Protection Seeks Five new Committee Members

Fund for Client Protection Seeks Five new Committee Members
The Utah State Bar Lawyer's Fund for Client Protection Committee is seeking five new committee members. The purpose of the Fund for Client Protection is to promote public confidence in the administration of justice and the integrity of the legal profession by reimbursing losses caused by the dishonest conduct of lawyers admitted and licensed to practice law in the State of Utah, occurring in the course of the lawyer/client or fiduciary relationship between the lawyer and the claimant.

Appointments to the committee shall be for a term of three (3) years, or the term uniformly determined for all Committee members by the Utah State Bar. Vacancies shall be filled by appointment by the President of the Utah State Bar, with the approval of the Board of Commissioners, for the term.

If you are interested in serving on this committee please contact:

Christine Critchley
Utah State Bar
645 South 200 East
Salt Lake City, Utah 84111-3834
(801) 297-7022
e-mail: ccritchley@utahbar.org

Posted by BarStaff at 11:23 AM PRINT Return to Utah Bar Journal

UMBA Annual Scholarship & Awards Banquet

UMBA Annual Scholarship & Awards Banquet
The Utah Minority Bar Association celebrated its Annual Scholarship & Awards Banquet on October 29, 2004. The UMBA honored some of Utah's best lawyers, activists and students dedicated to serving minority interests. This year, UMBA's Honoree of the Year Award went to Maynard Phyl Poulson who, along with Henry Adams and Judge Ray Uno, drafted the Utah Anti-Discrimination Act and introduced it as a bill and was influential in its passage by the Utah legislature. Mr. Poulson also headed the Utah Anti-Discrimination Division. Upon accepting the award, Mr. Poulson told the audience, "I did what my heart told me to do."

The Distinguished Attorney of the Year Award went to Sylvia Pena who has, for more than a decade, made the 300 mile round trip to Ft. Duchesne several times a month to provide legal services for the minority and underprivileged population living there. Mrs. Pena also works as a contract attorney for Utah Legal Services and has been instrumental in the creation of several programs. Currently, Mrs. Pena's is leading a comprehensive study that will determine the legal needs of Utah's low-income population which, when complete, will be a valuable guide for this state's legal community and policy makers.

Governor Olene S. Walker received the Pete Suazo Community Service Award. Governor Walker has been one of the state's most accessible leaders and has shown sensitivity to the needs of the Utah's minority population. As Utah's first female governor, Governor Walker has spearheaded many important initiatives including education programs, budget security measures, healthcare reform and workforce development. At the banquet, Governor Walker reflected on her time as Utah's leader and told the audience that she has loved being governor. "This state is great because the people are willing to volunteer," she said.

The Keynote Speaker at the event was Lawrence R. Baca, Deputy Director of the Office of Tribal Justice, United States Department of Justice. Mr. Baca was one of the first American Indians to graduate from Harvard Law School and was the first American Indian ever hired through the Department of Justice's Honor Law Program and the first Indian ever promoted to Senior Trial Attorney status at the Department. Mr. Baca told the audience that while minorities have made impressive inroads in the legal community, he has never appeared before a minority judge in all his years of practice.

This year's scholarship recipients are Julio Carranza, a second year student at the J. Reuben Clark Law School and Jeffrey M. Merchant, a second year student at the S.J. Quinney College of Law.

The Utah Minority Bar Association also bid farewell to its current leadership, President Ross Romero, Secretary Bibiana Ochoa and Treasurer Vanessa Ramos-Smith. Next year Sean Reyes will take over as UMBA President. He will be supported by Cheryl Mori-Atkinson as Vice-President, Brent Orozco as Secretary, and Rex Huang as Treasurer.

Posted by BarStaff at 10:34 AM PRINT Return to Utah Bar Journal

UNITED STATES COURT OF APPEALS

UNITED STATES COURT OF APPEALS

In re:

Electronic Submission of Selected
Documents

EMERGENCY GENERAL ORDER
FILED October 20, 2004

Before TACHA, Chief Judge, SEYMOUR, EBEL, KELLY, HENRY, BRISCOE, LUCERO, MURPHY, HARTZ, O'BRIEN, McCONNELL and TYMKOVICH Circuit Judges.

In order to evaluate the usefulness of documents in electronic form the Court adopts this interim order effective December 1, 2004.

Except in social security cases, all parties represented by counsel, including pro se parties who are admitted to the practice of law, (Digital Submitters) must and all other parties may submit certain documents in electronic form (Digital Submission) as provided herein. Electronic submission does not supplant, but is in addition to, written filings required by the Federal Rules of Appellate Procedure and the Tenth Circuit Rules. Digital Form or Digital Submission refers to a document in Portable Document Format (also known as PDF or Acrobat format and sometime referred to as Native PDF) generated from an original word processing file, so that the text may be searched and copied: PDF images created by scanning documents do not comply.

(a) Briefs. In addition to the written filing (original and seven copies), Digital Submitters must furnish the full contents of briefs (from cover through conclusion) in Digital Form. Any attachment(s) to a brief available in Digital Form must be included with the brief (and in the same document).

(1) Scanned Attachments to Briefs. With the prior approval of the Clerk, documents attached to a written and filed brief that are not available in Digital Form may be submitted along with the written brief in scanned PDF format. If any attachment to a brief is submitted in scanned PDF format all attachments must be so submitted and they must be submitted as one separate PDF document (all scanned documents included as attachments to a brief must be contained in a single PDF document, identified as the Clerk may direct).

(2) Notice of Attachments. If a brief has attachments the cover page must so state and also state whether the attachments are included in Digital Form, scanned PDF format or only in writing.

(b) Appendix. Any appendix required by Tenth Circuit Rule 30.1 must be filed in written form. In addition, Digital Submitters must submit all portions of the appendix available in Digital Form in a single PDF document, identified as the Clerk may direct, if that document does not to exceed 7.5 megabytes. If it exceeds 7.5 megabytes, the Clerk must be contacted for supplemental instructions. With the prior permission of the Clerk and as the Clerk may direct, Appendix documents not available in Digital Form may be submitted in scanned PDF format.

(c) Motions, Petitions, and other. Digital Submitters must submit all motions, petitions for rehearing, cost bills and entries of appearance in Digital Form. The original (but no copies) of each motion, cost bill or entry of appearance, and the original and all required copies of petitions for rehearing or petitions for rehearing en banc must also be filed and served in written form as required by the Federal Rules of Appellate Procedure and Tenth Circuit Rules.

(d) Submission. All digital submissions must be furnished to the Clerk on a compact disc (CD-ROM) or via e-mail to: esubmission@ca10.uscourts.gov.

(1) Identification and signing. The label of a compact disc, if one is used, or the subject line of each e-mailed document must show the case name, docket number, and party on whose behalf it is presented. A digital submission requiring an attorney's or pro se party's signature shall be signed in the following manner:

s/ Attorney or Pro Se Party
Attorney Bar Number (if applicable)
Address
Telephone number
E-mail address

(2) Electronic Mail. The subject line of any email must have the docket number and short title of the case.

(e) Certification of digital submissions. In addition to the certificate of service required by the Federal Rules of Appellate Procedure and Tenth Circuit Rules, Digital Submitters must certify that:

(1) all required privacy redactions (below) have been made and, with the exception of those redactions, every document submitted in Digital Form or scanned PDF format is an exact copy of the written document filed with the Clerk, and

(2) the digital submissions have been scanned for viruses with the most recent version of a commercial virus scanning program (naming the program, version and the date of the most recent update) and, according to the program, are free of viruses.

(f) Service. In addition to the service requirements of the Federal Rules of Appellate Procedure and the Tenth Circuit Rules, Digital Submitters must simultaneously provide to all other counsel and pro se parties identical copies of any material submitted to the Clerk in Digital Form or scanned PDF format. The copies shall be provided on a compact disc supplied along with written materials. Compliance with this requirement must be included in the certificate of service.

(g) Privacy redactions. In the interest of privacy, Digital Submitters must redact all digital submissions as required by any privacy policy of the Judicial Conference of the United States (e.g., names of victims and minors ; financial account numbers; social security numbers [use only the last four numbers], dates of birth, and other data required to be redacted by order of the court). See http://www.privacy.uscourts.gov/b4amend.htm. The responsibility for redacting personal data identifiers rests solely with counsel and the parties.

(h) Relief. For good cause, a party may move for relief from the requirement of Digital Submission.

During the pendency of this order, the court will evaluate its effectiveness. The court invites interested parties to send written comments to the clerk of court. After evaluation, the court will decide whether the order should be vacated or whether its provisions should be incorporated into the rules of court wholly or in part.

ENTERED FOR THE COURT
Patrick Fisher, Clerk

Posted by BarStaff at 09:57 AM PRINT Return to Utah Bar Journal

Lawyers Face Off on Opposing Sides of the (Pool) Table & Raise Funds for "and Justice for all"

Lawyers Face Off on Opposing Sides of the (Pool) Table & Raise Funds for "and Justice for all"
The Utah State Bar's Young Lawyers Division with "and Justice for all" held their third annual Bar Sharks for Justice Pool Tournament - an event to raise operating funds for "and Justice for all." The event was a great success, raising $2,764.

The tournament began Thursday, October 21 at Shaggy's Livin' Room, and the final round of play was held on October 28. All members of the legal community were invited to participate - from law firm partners to associates, legal assistants, and law students. Ryan Carter and David Bernstein from Kipp & Christian captured first place and the coveted shark trophy. Second place went to Carla Moquin and Karthik Nadesan from Snell & Wilmer. Third place went to Scott DuBois and Mike Horner, also from Snell & Wilmer.

"and Justice for all" was formed following a 1996 Utah State Bar task force created at the request of the Utah State Supreme Court. The Access to Justice Task Force was asked to find an answer to the question, "Can the poor and the disabled find justice in the Courts?" The Access to Justice Task Force found that the poor and the disabled in Utah have more than 75,000 new legal needs annually. While the needs are staggering and continue to grow, funding to support local legal service is diminishing and falls far behind the need. The central recommendation of the task force was to seek new sources of funding for legal services.

In response, Utah Legal Services, Disability Law Center and The Legal Aid Society unified in a fundraising campaign called "and Justice for all." The intent of the campaign is to secure private support from the legal community to preserve and expand access to civil legal services for the poor and people with disabilities in Utah. For more information on "and Justice for all" please contact Staci Duke, "and Justice for all" Development Coordinator at (801) 924-3182 or visit www.andjusticeforall.org.

Posted by BarStaff at 09:55 AM PRINT Return to Utah Bar Journal

October 24, 2004

Commission Highlights

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 BarStaff at 03:56 PM PRINT Return to Utah Bar Journal

September 27, 2004

Utah State Bar Presents Awards At 2004 Annual Convention

Utah State Bar Presents Awards At 2004 Annual Convention

The Annual Awards of the Utah State Bar were presented at the Bar's 74th Annual Convention by the Board of Bar Commissioners, on behalf of the entire Bar membership. Recipients are selected on the basis of achievement; professional service to clients, the public, courts and the Bar; and exemplification of the highest standards of professionalism to which all judges and lawyers aspire.

Judge of the Year - Hon. William B. Bohling
Judge Bohling was appointed to the Third District Court by Gov. Michael O. Leavitt. He received his JD degree from the University of Utah and an LLM degree from the University of Michigan School of Law. While in practice he chaired the Bar's Litigation Section and Courts and Judges Committee. In 1993 He was named the Bar's Distinguished Lawyer of the Year. Judge Bohling served as a member of the Judicial Conduct Commission from 2000 to 2002, and has served as the chair of the Judicial Council's Alternative Dispute Resolution Committee from 1994 to the present. He is also a member of the Board of Directors of Alliance House and serves as the judge of the Salt Lake County Mental Health Court.

Distinguished Lawyer of the Year - George B. Handy
Upon graduation from law school at the University of Utah, George B. Handy began a general practice of law in Ogden where he continues today after 55 years. Now at 83 years old, he arrives at the office early each morning, maintaining an active practice. He attends court and is in trial regularly. Mr. Handy was the chief prosecutor for the Weber Country Attorney's Office from 1967 to 1969. He served on the Utah Board of Corrections as Vice-Chairman from 1957 to 1973. Mr. Handy taught business law at Weber State University for a number of years. He was the President of the Weber County Bar Association in 1981. Throughout his career, Mr. Handy has practiced in virtually every area of the law and has mentored countless numbers of lawyers, many of whom are now judges, and he has done countless hours of pro bono work.

Distinguished Committee of the Year - Unauthorized Practice of Law Committee
The Unauthorized Practice of Law (UPL) Committee, chaired by Victoria K. Kidman, assists the Bar in protecting the interest of the public by ensuring that legal services are provided only by licensed legal professionals. The UPL Committee is comprised of 11 lawyers and 4 legal assistants committed to the elimination of unauthorized practice of law in Utah. This committee conducts the initial investigation of complaints regarding those thought to be engaging in the unauthorized practice of law. In the last three years the committee has investigated over 165 alleged unauthorized practice of law violations. Generally, those victimized by the unauthorized practice of law are immigrants, the elderly, and the impoverished.

Distinguished Section of the Year - Young Lawyers Division
Under the leadership of President Christian W. Clinger, the 2,000 member Young Lawyers Division is one of the largest most active sections of the Bar. Some of the Young Lawyers Division's highlights this past year included raising over $30,000.00 for "and Justice for all" which funds community legal service programs throughout Utah; serving nearly 1,500 people through Tuesday Night Bar; hosting "Jackie Robinson Appreciation Weekend", May 14-15 2004 in conjunction with the 50th anniversary of Brown vs. Board of Education; holding a clothing drive to provide low income individuals with professional clothing for interviews and employment; and landscaping the South Valley Children's Justice Center.

Posted by BarStaff at 12:48 PM PRINT Return to Utah Bar Journal

Sun Valley Golf

Sun Valley Golf
2004 Annual Convention Golf Tournament Sun Valley, Idaho

Richard Bird, right, posing with his son, David Bird during the 2004 Annual Convention Golf Tournament in Sun Valley, Idaho. Richard and David practice law with the firm of Richards, Bird & Kump. Richard Bird, a graduate of Harvard Law School, has been a member of the Utah State Bar since 1933. Upon returning to Utah in 1939, Richard has been a regular attendee at the Bar's Annual Conventions. At 97 years young, Richard was the oldest participant at this year's golf tournament. Congratulations!

Posted by BarStaff at 12:47 PM PRINT Return to Utah Bar Journal