|
During its regularly scheduled meeting of April 26, 2002, which was held in Farmington, Utah, the Board of Bar Commissioners received the following reports and took the actions indicated.
1.
Randy Dryer reported to the Commission on the Utah Bar Foundation's involvement with the "and Justice for All" Foundation and the recent acquisition of a new building. He requested an additional $40,000 donation towards payment for the new facility. The Commission approved the donation with a mechanism for members to "opt-out" from their pro-rata share of Bar dues.
2.
Scott Daniels reported that the Utah Supreme Court had denied the Bar's petition to authorize multidisciplinary practice ("MDP") by modifying the Rules of Professional Conduct.
3.
John Adams introduced the "Dialogue On Freedom" program. This project is an ABA generated activity endorsed by Justice Kennedy of the U.S. Supreme Court. It encourages local lawyers, civic leaders, judges, legislators and others to join together and visit junior and senior high schools to discuss aspects of our democratic system of government. Plans are in the works so that the program can be conducted the week of September 11th.
4.
Rusty Vetter, Co-chair of the Admissions Committee explained the Committee's proposal to adopt a Multistate Performance Test ("MTP") component for the Bar examination. He also gave an update report on Multi-Jurisdictional Practice (MJP).
5.
John Baldwin reviewed Casemaker, an internet-based legal resource engine which purports to be effective and useful approximately 90% of the time for approximately 90% of the routine legal research lawyers need. The Commission voted to set up a study committee on this issue.
6.
John Adams and D'Arcy Dixon Pignanelli reviewed the Bar's lobbying initiative with a focus on strengthening the Bar's relationship with the Utah Legislature. It was suggested that Richard Dibblee and John Baldwin make increased and concerted efforts to become more involved with legislators. The advantage of having John and Richard register as lobbyists is that in their roles of staff, they will provide more long-term consistency.
* * *
During its regularly scheduled meeting of May 31, 2002, which was held in Park City, Utah, the Board of Bar Commissioners received the following reports and took the actions indicated.
1.
After review of applications and discussion, the Commission reappointed Charles R. Brown to a second term as the Bar's representative to the American Bar Association House of Delegates.
2. Scott Daniels reviewed appointments to the Judicial Nomination Commissions. Terms will expire in July for the first, second, third and fourth districts.
3.
Scott Daniels indicated that the Executive Committee would make an appointment to a group study of the ABA Model Rules of Professional Conduct at the request of the Oregon State Bar.
4.
The Commission engaged in lengthy discussion of the issue where the Board of District Court Judges declined to implement legislation requiring gun lockers to be placed in the various courthouses throughout the state as well as the Judicial Council's actions to permit the actions by rule. The Commission decided to appoint a committee to draft a more specific position and that the position would be approved by the Commission and then presented at the Annual Convention meeting for further discussion. Nanci Bockelie was appointed to head the group and to provide a written statement within 14 days.
5. John Baldwin reviewed the April financials and the 2002-03 budget. The Commission approved the budget as discussed.
6.
The Commission reviewed Utah Dispute Resolution's request for $20,000. After discussion, the Commission voted to approve a grant of $20,000.
7.
John Adams reviewed the status of the Dialogue On Freedom program, indicating that he, John Baldwin, Scott Daniels, Richard Dibblee and Elaina Maragakis had visited with the Senate and House Democratic and Republican caucuses, that he and John Baldwin and Scott Daniels had visited with Governor Leavitt and that he and John Baldwin had visited with the Board of Education social studies specialist. All of those groups had indicated their very strong interest in participating in the program, providing volunteers and facilitating classsroom opportunities.
8. Scott Daniels reviewed the "Casemaker" legal research consortium and suggested appointments for the study committee.
9.
The Commission reviewed nominations for various Bar awards to be presented at the Annual Convention. The Commission selected Brent Hogan as Lawyer of The Year; the Honorable Stephen H. Anderson and Honorable Jeril B. Wilson as Judges of the Year; the Character and Fitness Committee as the Committee of the Year; the Young Lawyers Division as the Section of the Year; Waine Riches as the Pro Bono Lawyer of the Year; and Sylvia Bennion as the Community Member of the Year. The Commission selected Kent B. Scott to receive the Distinguished Service Award and Representatives Afton B. Bradshaw and A. Lamont Tyler to receive Distinguished Public Service Awards.
10. David Hamilton reviewed disbursements requests from the Client Security Fund. After discussion, the Commission voted to approve recommendations to pay out $8,260.00 to
claimants.
11. Chief Justice Christine M. Durham indicated that regular meetings between the Bar's Executive Director and President would be helpful to the Court.
12. Rusty Vetter proposed a timetable for implementation of the Multi-State Performance Test ("MPT"). The Commission voted to authorize the Admissions staff to proceed
immediately with notification of all possible February Bar Exam applicants. The Commission also approved the immediate filing of a petition with the Supreme Court for authorization to
substitute two MPT questions for four state essay questions and if approved by the Supreme Court by October 31, 2002, to implement the change for the February 2003 exam.
13.
The Commission voted to organize focus groups with appropriate representatives of special interest groups who might be considered to represent the middle class in determining what the
need for legal services might be and how those services might be better provided.
* * *
During its regularly scheduled meeting of June 26, 2002 which was held in Sun Valley, Idaho, the Board of Bar Commissioners received the following reports and took the actions indicated.
1. Scott Daniels reviewed the times and dates for various scheduled events during the Annual Convention.
2.
In light of observations about the recent gun-related developments between the Utah Legislature and the Judiciary, and the recent discussion at the Judicial Council's Management Committee meeting, the Commission decided to first consult Chief Justice Durham before taking any action relating to gun safety on courthouse premises.
3.
The Commission can submit names of lawyers to the Utah Supreme Court to be considerated for appointment to the Judicial Conduct Commission. The Bar Commission voted to submit the names of Dane Nolan, David Bird and Nate Alder.
4. The Commission voted to approve appointment of Stephen E.W. Hale, Catherine F. Lundgren and Michael D. Zimmerman to the Utah Legal Services Board.
5.
It was noted that the Deseret News had published a recent article stating that the $100,000 legislative grant to the "and Justice for All" foundation was in jeopardy.
6.
The Commission passed a motion requesting a petition be filed with the Utah Supreme Court to allow the President as well as the President-elect of the Bar to have the right to vote generally even if they are no longer an elected Commissioner at the time of assuming office.
7.
Charles R. Brown and Rusty Vetter discussed the proposed Multijurisdictional Practice Admission Rule (MJP). The Commission voted to approve the rule and a petition will be filed with the court.
8.
Gus Chin led the discussion on the AOC's recent request that the Bar contribute approximately $1,700 to cover programming and printing costs related to the notices on the availability of court interpreters. After discussion, the Commission voted to contribute the $1,700 for the program.
9.
Debra Moore led the discussion on the Delivery of Legal Services Ad Hoc committee report. The Commission passed a number of preliminary proposals to move forward on this worthwhile project.
10. John Adams gave an update on the "Dialogue on Freedom" project to take place the week of September 11th. Highlights so far include (a) over 70% of legislators
have agreed to participate; (b) Governor Leavitt has committed 100 people from the executive branch of government to participate; and (c) the judiciary, including Chief Justice Christine
Durham and Presiding Judge Dee Benson, have pledged their enthusiastic support.
11. The Commission approved appointments to the Executive Committee as follows: Debra More (as
President-elect), Dane Nolan, George Daines and Randy Kester.
12. Rusty Vetter and Steve Owen were welcomed as new Commissioners. Charles Brown will serve as the Bar
Commission's ABA representative, Paul Moxley as the ABA elected representative, Clayton Sims will represent the Utah Minority Bar, Vicky Fitlow will represent the Young Lawyers Division,
Lauren Barros will represent Women Lawyers of Utah, Marilu Peterson will represent the Legal Assistants Division and Scott Daniels will serve as past President.
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.
**********
Judicial Nominating Commission Applicants Sought
The Bar Commission is seeking applications from Bar members to serve on the trial court judicial nominating commissions for the 1st, 2nd, 3rd and 4th judicial districts. Two
commissioners on each trial court judicial nominating commission will be appointed by the governor from lists provided by the Bar, with the Bar submitting four nominees from the 1st
district and six nominees from the 2nd, 3rd and 4th districts.
Commissioners appointed to the trial court nominating commissions shall be residents of the judicial district to be
served by the commission to which they are appointed. Not more than four commissioners on each judicial nominating commission may be of the same political party. The trial court
nominating commissions nominate judges to the various districts and juvenile courts. Commissioners are appointed for terms of four years.
Mail applications to John C. Baldwin,
Executive Director, Utah State Bar, 645 South 200 East, Salt Lake City, UT 84111 or e-mail to john.baldwin@utahbar.org .
Applications must include political party affiliation or independence. Applications must be received by September 15, 2002.
**********
Notice of Petition for Readmission to the Utah State Bar by David R. Maddox
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 David R. Maddox in In re Maddox, Third Judicial District Court, Civil
No. 950906967BD. 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.
**********
Notice of Proposed Changes to Bar's Bylaws and Rules for Integration and Management
The Utah State Bar Board of Commissioners voted June 26, 2002 to modify the
Bar's Bylaws for approval by the Utah Supreme Court. The change would allow a President or President-elect who is no longer serving a term to vote on all matters before the Commission.
The current Bylaws allow a President who is not an elected Commissioner or a President-elect who is not an elected Commissioner and who is acting in the President's absence to vote only
if necessary to break a tie. The intent of the proposed amendment is to allow broader representation of the total lawyer population by these two individuals who have undergone a popular
election pursuant to the Court's February 2001 order to modify the Commission election procedures.
If you have comments about the proposed change within the next 30 days, please
contact the Bar by e-mail sent to:
comments@utahbar.org or by fax (801-531-0660) or by mail (645 South 200 East, Salt Lake City, UT 84111) to the attention of General Counsel. Thank you.
**********
Utah State Bar Ethics Advisory Opinion Committee
Opinion No. 01-06A, - amending Opinion No. 01-06, previously issued on July 2, 2001
Issue:
May a private practitioner who serves as a part-time county attorney represent private clients in connection with protective-order hearings?
Opinion:
The private representation of an individual by a part-time county attorney at a protective-order hearing is not a per se violation of the Utah Rules of Professional Conduct. However, the county attorney must fully inform the client that, if the client later becomes a criminal defendant in that county, the county attorney will not be able to continue the representation; he will not be able to defend the client in any criminal proceedings; and he will have to withdraw as counsel in the civil case. The county attorney must also determine, on a case-by-case basis, the likelihood that this potential conflict of interest between his prosecutorial duties and the interest of his private client will actually arise. If the likelihood that this will occur is relatively high, the attorney must obtain both the county's and the private client's informed consent to the representation.
Opinion No. 02-06
Issue:
May an attorney represent a client in a criminal matter where the attorney will have to cross-examine as an adverse witness a former client whom the attorney previously represented in an unrelated matter?
Opinion:
In general, an attorney may represent a client in a criminal case where the attorney will have to cross-examine a former client whose interests are adverse to the defendant as long as the representations of the present and former clients are not substantially factually related and the attorney does not disclose or use any confidential information gained in the course of the former client's representation to his disadvantage, as provided by Rule 1.9.
**********
ANNOUNCEMENT
Grants available for nonprofit providers of direct civil legal services to disadvantaged individuals & families in Utah. For further information,
contact: "and Justice for all" (801) 257-5519.
|
