August/September 2003

Last Update: 19/10/05

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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 6, 2003, which was held in Park City, Utah, the Board of Bar Commissioners received the following reports and took the actions indicated.

1. John Adams introduced the new Commissioners-elect: Yvette Diaz (Third Division), Nate Alder (Third Division), and Rob Jeffs (Fourth Division). He welcomed these individuals who will be sworn in at the July Commission Meeting.

2. John Adams presented a plaque to Robert Merrell who will be leaving the Commission. He thanked Bob for his support and valuable contributions as the Utah Supreme Court appointed public member. John reported that the Supreme Court had appointed Mary Kay Griffin to replace Robert Merrell as a public member.

3. An organization called Common Good has filed a petition with the Utah Supreme Court proposing an amendment to the Utah Rules of Professional Conduct (governing the reasonableness of attorney fees in early settlement personal injury cases). Steven Densley, an attorney with Strong and Hanni, provided a copy of the petition. John asked the Commissioners if they wanted to provide input either to the Court or to the Court's Advisory Committee on Utah Rules of Professional Conduct or if we should publicize the pending petition to our members. A lengthy discussion followed. A motion was made that the Bar Journal contact the Utah Trial Lawyers to determine individuals who were willing to write a "point/counterpoint" article, so that both sides of the issue are presented, and to include distribution of this information as soon as possible. The motion passed unopposed.

4. Utah Legal Services would like the Commission to reappoint the following individuals to their Board as their current terms expire July 1: Lisa Hurtado Armstrong, John A. Beckstead, Jody K. Burnett, Terry L. Cathcart, Carol Clawson, Thom R. Roberts, Lauren I. Scholnick, Erik Strindberg, and Roland R. Uresk. The motion to reappoint these individuals passed unopposed.

5. David R. Bird will fill the vacancy on the Judicial Council with the departure of Dane Nolan.

6. The 50th anniversary of Brown v. Board of Education will be next May 17 and John Adams noted that $15,000 had been set aside out of the budget for this project. He said that Debra has asked him to supervise the program. John described it as a law-related public outreach project which the ABA is encouraging.

7. Annual awards were selected and the recipients are as follows: Committee of the year is the Needs of the Elderly Committee, Distinguished Lawyer Service Award will be given to Gary Sackett, Fraser Nelson was chosen as the Distinguished Community Member of the Year, Judge Ronald Boyce was chosen as Judge of the Year. Rod Snow and Jay Jensen were designated as co-recipients of Lawyer of the Year, Mark Alveraz was chosen as Pro Bono Lawyer of the Year and the Family Law Section was chosen as Section of the Year.

8. David Hamilton reviewed the Client Security Fund requests and the motion to approve the distribution of funds passed unanimously.

9. Debra Moore reported on the Delivery of Legal Services Task Force which was followed by a lengthy discussion. Debra said consumers want more pertinent information about their legal options, legal services, how to find lawyers, information relating to methods of alternative dispute resolutions, and other related items. Consumers also want more control over the legal process including more control over escalating or unexpected costs. Debra noted that there is a generalized lack of trust relating to the legal profession. This may be because lawyers typically perform adversarial roles but the Task Force believes this effect can be somewhat ameliorated. The motion to have all changes in the report submitted by July 1, so that the report could be issued passed unopposed.

10. Steve Waterman, Judge Jim Davis and Joni Dickson Seko appeared at the meeting to present information relating to raising the Bar Exam passing threshold. A lengthy discussion followed their presentation. The motion to table the discussion and not take action until a subsequent meeting where the Deans could appear passed unanimously. Chief Justice Christine Durham who was in attendance for this portion of the Commission meeting interjected that the Court was extremely interested in this issue and wanted to be made aware of all possible viewpoints. She said that if her schedule permitted, she would like to attend the meeting where the Deans' presentation would occur.

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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2003 Woman Lawyer of the Year

Women Lawyers of Utah has named Louise T. Knauer as the 2003 Christine M. Durham Woman Lawyer of the Year. Ms. Knauer has been a role model for many women in the practice as well as a pioneer in the area of family law.

Ms. Knauer graduated Order of the Coif from the University of Utah College of Law in 1983. She began her career at Watkiss and Campbell and left to create her solo practice, focusing on family law. She has taught at Boston University, Northeastern University, Suffolk University, and the University of Utah, among others. She has served as a member of various Utah State Bar committees, including the Needs of Women and Minorities and the Budget and Finance Committee. She has been on the Board of Directors of the American Civil Liberties Union as well as the Board of Trustees for the Gay and Lesbian Community Center of Utah, serving as its President from 2001-2002. She also serves as a Volunteer Guardian ad Litem and is on the Executive Committee of the Family Law Section of the Utah State Bar.

As one of the people who nominated Knauer said, she is a "delightful, caring person who represents the things that Women Lawyers of Utah stands for: professionalism, collegiality and service to others."

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NOTICE

The Utah Supreme Court has received the report of its Advisory Committee on Professionalism and has given preliminary approval to the recommendations contained in the report. One of the recommendations urges the promulgation of Utah Standards of Professionalism and Civility. The Court has authorized publication of the report and recommendations for a thirty day comment period. Written comments concerning the report or recommendations should be sent by September 30, 2003, to:

Matty Branch, Appellate Court Administrator
Utah Supreme Court
P.O. Box 140210
Salt Lake City, UT 84114-0210
or by email to mattyb@email.utcourts.gov.

The report may be viewed on the Utah State Bar's web page. Look for the link at www.utahbar.org.

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Thank You

On behalf of the Court, I would like to thank James B. Lee for his excellent service as Chair of the Supreme Court's Ethics and Discipline Committee for the past three years. The contribution that the Committee, and its Chair, make to the disciplinary process is invaluable. The court is most appreciative of the many, many hours of time and effort James has given to his Committee work, and for his clear-thinking and watchful eye as to discipline procedures.

Christine M. Durham, Chief Justice
Supreme Court of Utah

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Judicial Nominating Commission Applicants Sought
The Bar Commission is seeking applications from Bar members to serve on the trial court judicial nominating commission for the 1st judicial district. Two commissioners on each trial court judicial nominating commission will be appointed by the governor from the list provided by the Bar, with the Bar submitting four nominees from the 1st district.

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, 2003.

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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) 924-3182.