August/September 2001

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State Bar News

 

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News & Announcements

 

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Commission Highlights

During its regularly scheduled meeting of June 8, 2001 which was held at the Pack Creek Ranch, Moab, Utah the Board of Bar Commissioners received the following reports and took the actions indicated.

1. Scott Daniels reported on Mid-Year and Annual Conventions.

2. Denise Dragoo discussed the Bar Journal and the reduction of costs by publishing nine rather than ten issues per year.

3. George Daines reviewed the Lawyer Referral Service and noted that this service is a major contributor to some lawyers' business. It was recommended that this issue be discussed for the next budgetary year ((2002-03) at the January 2002 Commission meeting.

4. Dane Nolan discussed the Pro Bono Program. It was noted that 250 low-income Utahns had obtained legal representation during 2000.

5. Debra Moore and Dane Nolan reported on the Office of Professional Conduct Review Committee.

6. David Nuffer gave an update on MDP. He reported that the petition filed with the Supreme Court in February 2001 has been referred to the Supreme Court's Rules Advisory Committee which will issue its report by October 2001. The Court will then consider the Bar's petition.

7. Debra Moore reported on the Judicial Council.

8. Nanci Snow Bockelie reported on Rules for Lawyers' Fund for Client Protection. The Commission approved reimbursement from the Client Security Fund for attorney fees but not for questionable investment losses.

During its regularly scheduled meeting of July 4, 2001 which was held in Sun Valley, Idaho, the Board of Bar Commissioners received the following reports and took the actions indicated.

1. David Nuffer welcomed everyone to the Annual Convention, and reviewed the schedule. Denise Dragoo will be the host for President Nicholas Wallwork of the Arizona Bar.

2. Debra Moore reviewed OPC Rules. In the discussion that followed it was determined to defer this issue to the next commission meeting.

3. Nanci Snow Bockelie reviewed the Client Security Fund Rules that were discussed at the commission meeting in Moab. The Commission voted to correct a typographical error.

4. May financials were reviewed and the proposed final budget was approved.

5. The July Bar examinations applications were approved. Conditional approval of those applicants listed on the "Examinees Pending List" was given, subject to resolution of deficiencies and Character and Fitness Committee approval.

6. Charles R. Brown and Tracy Fowler, Co-Chairs of the MJP Committee discussed the Committee's current work.

7. Frank Carney reported on issues of professionalism and civility raised at a recent meeting of the National Conference of Chief Justices (of State Supreme Courts).

8. Reorganization of the Commission. Karin Hobbs, David Bird Gus Chin and Felshaw King were welcomed as new Commissioners. D'Arcy Dixon Pignanelli is the newly appointed public member. Nate Alder is the new Young Lawyer Division's representative, Mary Gordon is the new representative from Women Lawyers and Marlene Gonzalez is the new representative from the Minority Bar.

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.

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2001 Annual Awards

The annual awards of the Utah State Bar are presented 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. The 2001 annual award recipients were as follows:

Judge of the Year: Hon. Raymond M. Harding, Sr.

Judge of the Year: Hon. Sharon P. McCully

Judge of the Year: Hon. Anne M. Stirba

Distinguished Lawyer of the Year: Alan L. Sullivan

Young Lawyer of the Year: Victoria Coombs Bushnell

Pro Bono Lawyer of the Year: Mitchell R. Barker

Distinguished Section of the Year: Legal Assistant Division

Community Member of the Year: Jo Brandt

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Attorney Recognized by AAA and Utah Bar for Dispute Resolution Service

An attorney who has made significant contributions to resolving disputes in the legal field, Hardin A. Whitney, has been awarded the Peter W. Billings, Sr. Dispute Resolution Award by the American Bar Association and the Alternative Dispute Resolution Section of the Utah State Bar at the Annual Meeting of the Utah State Bar.

The Award, given annually to a person who has made significant contributions to the field of alternative dispute resolution, was created in 1996 by the American Arbitration Association in honor of Peter W. Billings, Sr., who was a pioneer in developing methods of resolving disputes, aside from traditional litigation. Mr. Whitney, the 2001 recipient of the award and an attorney for over fifty years, has been at the forefront of dispute resolution in Utah for over 13 years. He has contributed to the field of alternative dispute resolution by educating other leaders in the judiciary, the Bar and the community regarding the benefits of alternative dispute resolution, including mediation and arbitration. He assisted in creating Utah Dispute Resolution as a non-profit corporation for the purpose of providing free mediation services to the poor and has served as the Chair of the Board of Trustees of Utah Dispute Resolution for the past 5 years. Mr. Whitney has also served as the Chair of the Alternative Dispute Resolution Committee of the Utah State Bar from 1991 to 1997, providing leadership, education, and mentoring to attorneys and others in the dispute resolution community.

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Joe E. Covington Prize for Scholarship in Bar Admission Topics

Call for Submissions

The National Conference of Bar Examiners (”NCBE”) is sponsoring a writing contest which carries a $5,000 prize. The contest is open to everyone; judges, lawyers, law professors, and law students are all encouraged to submit articles. The panel will look for careful research, in-depth analysis, and clarity of expression in treating the following topic:

Is There a Need to Reevaluate the Standards for Determining Minimum Competence to Practice Law?

Submissions must contain completely original work and may not exceed 8,000 words, excluding endnotes. The article should conform to the conventions for the Chicago Manual of Style, 14th ed., or The Bluebook: Uniform System of Citation, 16th or 17th ed. Each author should submit two paper copies of the article, an electronic copy of the article on a 3-1/2 inch diskette, and a resume detailing the author’s education and professional experience. All applications must reach NCBE or be postmarked by November 30, 2001.

Submissions and questions should be addressed to:
Annie Walljasper, Editor, The Bar Examiner
National Conference of Bar Examiners
402 West Wilson St. ¥ Madison, WI 53703-3614
Telephone: (608) 280-8550 ¥ Facsimile: (608) 280-8552
Awalljasper@ncbex.org

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Notice of Petition for Readmission to the Utah State Bar by J. Keith Henderson

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 J. Keith Henderson in In re Henderson, Third Judicial District Court, Civil No. 990910496. 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 of Petition for Readmission to the Utah State Bar by A. Paul Schwenke

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 Readmission (”Petition”) filed by A. Paul Schwenke in In re Schwenke, Fourth Judicial District Court, Civil No. 010700085. 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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Supreme Court Seeks Attorneys to Serve on Advisory Committees

The Utah Supreme Court is seeking applicants to fill vacancies on several of its rules advisory committees. Vacancies will be filled on the following committees: Criminal Procedure, Evidence, Juvenile Procedure and Professional Conduct. Each interested attorney should submit a resume and a letter addressing qualifications and the committee of interest to Brent M. Johnson, Administrative Office of the Courts, P.O. Box 140241 Salt Lake City, Utah 84114-0241. Applications must be received no later than September 28, 2001. Questions may be directed to Mr. Johnson at (801) 578-3800.