April 2004

Last Update: 19/10/05

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State Bar News

 

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News & Announcements

 

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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 leter 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
Technology Standing Committee
Barbara Polich...............................................January 1, 2004

Executive & Judicial Compensation
John T. Neilsen..............................................April 1, 2004

Utah Sentencing Commission
Mary Corporon...............................................April 1, 2004

Judicial Conduct Commission
David R. Bird
Denise Dragoo...............................................June 30, 2004

Alternative Dispute Resolution Providers
Certification Board
Ann E. LaPolla...............................................June 30, 2004

ABA House of Representative
Charles R. Brown...........................................April 1, 2004

6th District Trial Court Judicial Nominating Commission
Douglas Neeley..............................................July 1, 2004
Marcus Taylor................................................July 1, 2004

Ethics Advisory Committee
Nelson T. Abbott............................................July 1, 2004
Mary C. Corporon..........................................July 1, 2004
Hon. Denise P. Lindberg.................................July 1, 2004
Maxwell A. Miller...........................................July1, 2004
Toni M. Sutliff.................................................July 1, 2004
Michael D. Wims.............................................July 1, 2004

Online Court Assistance Programs
Eric A. Mittelstadt...........................................July 1, 2004

Appellate Court Nominating Commission
Daniel L. Berman...........................................August 2003
Kate Lahey....................................................August 2003

Utah Legal Services Board of Directors
Stephen E.W. Hale.........................................August 2004
Catherine F. Labatte.......................................August 2004
A. Howard Lundgren......................................August 2004
Michael D. Zimmerman..................................August 2004

5th District trial Court Judicial Nominating Commission
Curtis M. Jensen.............................................September 15, 2004
Clifford V. Dunn.............................................September 15, 2004

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Notice of Petition for Reinstatement to the Utah State Bar by H. Delbert Welker

Pursuant to Rule 25(d), Rules of Lawyer Discipline and Disability, the Utah State Bar's Office of Professional Conduct hereby publishes notice of a Petition for Reinstatement ("Petition") filed by H. Delbert Welker in In re H. Delbert Welker, Third Judicial District Court, Civil No. 020909349 on February 23, 2004. Any individuals wishing to oppose or concur with the Petition are requested to do so within thirty days of the date of this publication by filing notice with the District Court.

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Notice Appointing Trustee  to Protect the Interests of the Clients of the Late Carolyn Driscoll

On February 6, 2004, the Honorable William B. Bohling, Third Judicial District Court, entered an Order Appointing Trustee to Protect the Interests of the Clients of Carolyn Driscoll. Pursuant to Rule 27 of the Rules of Lawyer Discipline and Disability, Heidi C. Leithead is appointed as trustee to take control of client files and other property that was in Ms. Driscoll's possession, and distribute them to the clients.

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Notice of Ethics & Discipline Committee Vacancies

The Bar is seeking interested volunteers to fill two vacancies on the Ethics & Discipline Committee of the Utah Supreme Court. 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 resume to Lawrence E. Stevens, Chair of the Ethics and Discipline Committee, Parsons Behle & Latimer, 201 South Main Street, #1800, Salt Lake City, UT 84145-0898 no later than May 1, 2004.

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Ethics Advisory Opinion Committee Seeks Applicants

The Utah State Bar is currently accepting applications to fill a vacancy on the 14-member Ethics Advisory Opinion Committee. Lawyers who have an interest in the Bar’s ongoing efforts to resolve ethical issues are encouraged to apply.

The charge of the Committee is to prepare and issue formal written opinions concerning the ethical issues that face Utah lawyers. Because the written opinions of the Committee have major and enduring significance to members of the Bar and the general public, significant commitment to the goals of the Committee and the Bar.

If you are interested in serving on the Ethics Advisory Opinion Committee, please submit an application with the following information, either in resumé or narrative form:

  • Basic information, such as years and location of practice, type of practice (large firm, solo, corporate, government, etc.) and substantive areas of practice.
  • A brief description of your interest in the Committee, including relevant experience, ability and commitment to contribute to well-written, well-researched opinions.

Appointments will be made to maintain a Committee that:

  • Is dedicated to carrying out its responsibility to consider ethical questions in a timely manner and issue well-reasoned and articulate opinions.
  • Includes lawyers with diverse views, experience and background.  If you want to contribute to this important function of the Bar, please submit a letter and resumé indicating your interest to:
  • Steven J. McCardell
    Ethics Advisory Opinion
    Leboeuf, Lamb, Green & MacRae
    136 South Main Street, #1000
    Salt Lake City, UT 84107

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Notice of Amendments to Utah Court Rules

The Supreme Court and the Judicial Council have posted approved and proposed rule amendments to the state courts' website. You are invited to comment on the proposed changes. The deadline for comment is June 1, 2004. Comments may be submitted directly through the website (preferred) or by email, mail or fax. 

Approved amendments are organized first by the effective date of the change and then by the body of law in which the rule appears. Rules published for comment are organized first by the comment deadline date and then by the body of law in which the rule appears. To view the text of the amendments, click on the rule number. You will need Adobe Acrobat Reader, which you can download for free by clicking on the link to Adobe. Proposed rule amendments are also published in the Pacific Reporter Advance Sheets.

In addition to the traditional methods of submitting comments (email, mail, fax), you can comment by clicking on the "comment" link associated with that body of rules. You can also view the comments of others by clicking on the comment link. It's more efficient for us if you submit comments through the website, and we encourage you to do so. After clicking on the comment link, you will be prompted for your name, which we request, and your email address and URL, which are optional. This is a public site and, if you do not want to disclose your email address, omit it. Time does not permit us to acknowledge comments, but all will be considered.

The web page to visit to see proposed rule amendments and submit comments is:  www.utcourts.gov/resources/rules/comments/  

The web page to visit to see approved rule amendments is: http://www.utcourts.gov/resources/rules/approved/

The web page to visit to see the rules currently in effect is: http://www.utcourts.gov/resources/rules/
Each page has links to the others.

The "comments" web page now contains proposed amendments to the Rules of Appellate Procedure, Rules of Evidence, Rules of Juvenile Procedure, Rules of Small Claims Procedure, and Code of Judicial Administration. We anticipate proposed amendments to the Rules of Civil Procedure and Rules of Criminal Procedure later this month. The comment deadline is June 1, 2004.

We will notify you by email when rule amendments, proposed and approved, are posted, but you may visit the website at any time. Lawyers, to be included in future email notices, notify the Bar offices of changes to your email address. Email addresses for judges and court staff are updated automatically on the courts' network. We hope you find this information timely, useful and convenient.

Submit comments directly through the website or to: Tim Shea
Email: tims@email.utcourts.gov
Fax: 801-578-3843
Address: Administrative Office of the Courts
P.O. Box 140241
Salt Lake City, Utah 84114-0241

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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.

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Paralegal's Day

The Honorable Olene Walker, Governor of the State of Utah, has declared every third Thursday in May as Paralegal's Day in the State of Utah. She encourages the citizens of Utah to actively participate in this Declaration. The Paralegal Division of the Utah State Bar and Legal Assistants Association of Utah are hosting a luncheon on May 20, 2004 in celebration of Paralegal's Day. Both organizations encourage all attorneys to join them in celebrating this day. Please take advantage of this opportunity to recognize the contributions that your paralegal makes in your practice as well as in the legal community.

As part of this celebration, we are honored to have Justice Michael J. Wilkins joining us to speak about the Utah Standards of Professionalism and Civility which he has been instrumental in promulgating (see Supreme Court Adopts Professionalism Standards, Utah Bar Journal Volume 16 No. 9). We believe these standards are applicable to paralegals as well as attorneys and have adopted them as standards for the Paralegal Division.

A copy of the announcement for the luncheon celebration may be found in the Paralegal Division section of this issue of the Bar Journal. Please note that 1 hour of CLE will be given to all attorneys and paralegals in attendance.

We look forward to seeing you on May 20th.

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2004 Convention Awards

The Board of Bar Commissioners is seeking nominations for the 2004 Convention Awards, Judge of the Year, Lawyer of the Year and Section/Committee of the Year. 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 nomination 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 23, 2004.