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Notice of Proposed Admissions Rule Changes
In 1997, the Admissions Committee of the Bar was assigned to comprehensively overview all aspects of the admission process. Since
December 1999, the Commission has held approximately six commission meetings in which various changes to the admissions process have been recommended or adopted. Some additional changes
are anticipated to be approved by the Bar Commission at its December 6th meeting. The purpose of this article is to outline major changes in the Rules Governing Admission to the Utah
State Bar and to solicit comments from members of the Bar before submitting the changes to the Utah Supreme Court. Comments may be emailed to rulecomments@utahbar.org or mailed to the
Utah State Bar, attention Katherine Fox, General Counsel, Utah Law and Justice Center, 645 South 200 East, Salt Lake City, UT 84111-3834. Comments should be received by January 17, 2003.
The goal of the admissions process is to assure that: (1) each applicant has achieved a sufficient amount of scholarly education and graduated from an ABA approved law school; (2)
each applicant possesses the requisite moral character and fitness to protect the public interest and engender the trust of clients, adversaries, courts and others; and (3) each applicant
has the ability to identify legal issues, to engage in a reasoned analysis of those issues and to arrive at a logical solution by application of fundamental legal principles by
examination which demonstrates the applicant's thorough understanding of these legal principles. The proposed amended Rules Governing Admission to the Utah State Bar are available at the
Bar's website. Because of the substantial number of changes made, a redline version of the rules is not very beneficial but may be obtained upon request. The majority of the revisions of
the Character and Fitness Rule have already been approved by the Supreme Court as have those amendments relating to the adoption of the Multistate Practice Test ("MPT").
The amended rules clarify, in a number of places that the applicant for admission bears the burden of proof by clear and convincing evidence. This standard, however, is not new and has
been previously approved by the Utah Supreme Court. Amended Rule 1 has greatly expanded definitions to eliminate assumptions or ambiguities. Many of the definitions that were previously
contained throughout the rules, have been consolidated under Rule 1. Rule 2 has been modified for purposes of clarification or consistency and a new Rule 2-6 clarifies that waivers may
not be granted.
Rules 3 and 4 contain the qualifications for admission of student applicants, student attorney applicants, foreign law school applicants and attorney applicants.
These rules clarify that all applicants must have graduated from a law school approved by the American Bar Association ("ABA") (or, with respect to foreign applicants, graduates
from English common law jurisdictions may be admitted after completing a number of ABA approved law school courses). In the past, attorney applicants were not required to have attended an
ABA approved law school.
Rule 5 codifies the standards for examination of those with disabilities under the Americans with Disabilities Act and provides for an appeal procedure.
Rule 6 clarifies the application requirements and fees and deadlines relating to the Bar examination. The Rule provides for specific deadlines for former attorneys, limits the
availability of refunds and limits the postponement or transfer of an application to a subsequent exam period.
Rule 7 is the rule on character and fitness, which rule has been, in
great part, previously approved by the Supreme Court. Additional changes relate to attorneys seeking readmission to the Bar and specific requirements with respect to appeals. The
"clear and convincing" standard mentioned above applies to applicants who are required to appear before the Character and Fitness Committee. Rule 8 is a new rule that provides
notice of the appeal procedure available to an applicant who is denied admission because he does not meet admission requirements.
Rule 9 on the composition of the Bar exam has been
approved by the Supreme Court and adopts the MPT as part of the written portion of the Bar examination. Rule 10 addresses preparation, grading and scoring of the bar examination and Rule
11 deals with MBE scores. These rules have been modified only for purposes of clarification or because of the Court's adoption of the MPT. Rule 12 discusses the currently existing
requirement that an applicant must pass the Multistate Professional Responsibility Examination ("MPRE"). The Admissions Committee, however, has recommended that the required
score on the MPRE be increased to 86 for applicants taking the bar examination commencing February 2005. Currently, the required score is 80.
Rule 13 with respect to unsuccessful
applicants of the Bar examination has been reworded and modified to accommodate the MPT. Rule 14 outlines the Bar examination appeal procedure and provides minor modifications consistent
with other changes.
Rules 15 and 16 provide the provisions with respect to the payment of license fees, enrollment fees, the attorney's oath and admission to the bar. Rule 17 on
the licensing of foreign legal consultants remains unchanged. Finally, Rule 18 is a "new" rule comprised of provisions found elsewhere in the old rules relating to
confidentiality. It also adds a new provision with respect to immunity.
Comments received are for use in the submission of the rules to the Supreme Court for approval. In
addition, the Admissions Committee will consider all comments relating to all aspects of the admissions process. The Admissions Committee is continuing to examine other aspects of the
admissions process.
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Community Legal Center - Now Open
205 North 400 West Salt Lake City, Utah 84103
Utah's major nonprofit providers of free civil legal assistance to low-income
and disabled individuals and families, and the joint fundraising campaign, "and Justice for all," have co-located into the new Community Legal Center (CLC):
"and Justice for all"
phone: (801) 924-3182
fax: (801) 359-7359
Disability Law Center
phone: (801) 363-1347 or
(800) 662-9080
fax: (801) 363-1437
Legal Aid Society of Salt Lake
phone: (801) 328-8849
fax: (801) 359-7359
Multi-Cultural Legal Center
phone: (801) 486-1183
fax: (801) 596-7426
Senior Lawyer Volunteer Project
phone: (801) 328-8891 or
(800) 662-4245
fax: (801) 328-8898
Utah Legal Services
phone: (801) 328-8891 or
(800) 662-4245
fax: (801) 328-8898
The general CLC phone number is (801) 924-9000. Please call the appropriate agency directly to most efficiently expedite service.
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Commission Highlights
During its regularly scheduled meeting October 25, 2002, which was held in Salt Lake City, the Board of Bar Commissioners received the
following reports and took the actions indicated.
1.
John Adams reported that the pending U.S. Supreme Court Petition for Writ of Certiorari in the 9th Circuit case of Washington Legal Foundation v. Legal Foundation of Washington has important implications for all IOLTA programs in the United States, including the one the Utah Bar Foundation currently administers. Thirty-nine bar associations throughout the country have joined on the Respondent's brief as amicus curiae. The Bar Commission's Executive Committee had previously authorized our participation on the brief.
2. Jim Gilson has been selected for the position on the Committee on Rules of Practice and Procedure of the Judicial Conference of the United States.
3. Gus Chin and David Brickey have been appointed to serve on the Justice Court Standards Committee.
4.The names of Daniel R. Cragun, Kristine M. Knowlton, Gregory J. Sanders,
Christina Jepson Schmutz, Brad C. Smith and Trystan B. Smith have been submitted to Governor Leavitt for service on the 2nd District Trial Court Judicial Nominating Commission. The
Governor will select two from this list.
5.
John Adams reported that the Constitutional Law Class for Legislators was moving forward. Erik Luna, a law professor at the University of Utah S. J. Quinney College of Law, and Kevin Worthen, an Associate Dean at Brigham Young University J. Reuben Clark Law School have been chosen as presenters.
6.
John Adams described the success of the Dialogue on Freedom program and thanked everyone for their support and participation. There were 1,435 discussions held in 137 public and private secondary schools in Utah. These discussions were presented by 413 lawyers, 70 legislators, 57 state and federal judges and 51 representatives from local, county and state government.
7. Roger Tschanz presented requests to the Commission, for the Client Security Fund which totaled $18,300. After discussion, this recommendation was approved.
8.
Pat Jones, a market researcher with Dan Jones & Associates, summarized the Qualitative Research Analysis Report Relating to Focus Groups of Middle-Class Utah Residents dated September 2002. Ms. Jones drew several conclusions from her research relating to what the Bar can do to make the process of seeking legal assistance more accessible and streamlined. The average citizen strongly suggests that attorneys offer free initial consultations. They also want clarification on estimated costs for various legal services and for lawyers to take more time with them. More Bar sponsored public seminars on estate planning, wills and trusts, the probate process and financial planning need to be held. Lawyers need to advertise more and let people know what to expect when they need an attorney.
9.
Steve Waterman and Judge James Z. Davis, Co-Chairs of the Admissions Committee distributed the redline and proposed "final" draft of the admissions rules. Mr. Waterman described the overall progress the Admissions Committee has made over the past few years (beginning in 1999) including major revisions to the application and significant improvements in the character and fitness process. The majority of the current proposed rule changes were presented to the Commission and subsequently approved in the fall of 2000 and summer of 2001. Other changes remain to be further discussed at December's meeting. In August of this year, the Supreme Court approved the addition of Multistate Performance Testing as a new component of the Bar examination.
10. Richard Uday Director of Lawyers Helping Lawyers (LHL) updated the Commission on developments relating to the LHL program. LHL typically tries to assist those lawyers
with drug, alcohol and mental health issues affecting their lives and profession. Over the past year, out of 23 official referrals, all but three (3) matters were self-reported. Mr. Uday
said that the ABA has scheduled an evaluation of the program between November and January (at a reduced fee) and that they would involve both Utah law schools. Roger Cutler, Chairman of
LHL Committee, discussed with the Commission the crucial need for funding.
11. Bob Merrell reported that he, John Baldwin and Arnold Birrell had recently met with the Bar's
auditors, Deloitte and Touche, and also the Bar's Finance Committee to discuss whether in light of questionable accounting practices with Enron, etc. should the Bar periodically change
accounting firms. Merrell observed that the senior auditor from Deloitte and Touche rotated on a regular basis. Several Commissioners observed that perhaps it was time to begin replacing
long-time committee members.
12. John Adams reported that "Judges School" was developed to dispense valuable information to our members about the application
process for judicial openings. A presentation has been scheduled for April.
13. Clayton Simms of the Minority Bar Association, Vicky Fitlow of the Young Lawyers Division,
Lauren Barros of Women Lawyers of Utah and Joyce Nunn of the Legal Assistants Division all gave reports to the Commission on projects and developments of their various divisions and
associations.
14. Debra Moore reported on the recent Bar Leadership Workshop. She suggested that more planning needs to take place at an earlier stage, involving chairs and
presidents of sections and committees sooner to help ensure that the workshop agenda is more member-driven rather than Commission-driven.
15. Debra Moore reported on the
Bar's Long Range Plan. Debra stated that she would like to form a steering committee of eight to ten individuals from different sectors of the membership to review certain aspects of the
Bar's Long Range Plan.
16. Dane Nolan gave a report on the Judicial Council. He noted that due to the massive growth in the south end of the valley (West Jordan, Sandy City
etc.), there is a great need of expanded court facilities and service.
17. Lowry Snow briefly summarized the background of the Utah Supreme Court's Advisory Committee on
Professionalism that is chaired by Justice Durrant. He said that the different segments of the Committee's findings and recommendations would be reduced to one report and presented to the
Supreme Court for its consideration.
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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Bar Sharks For Justice
On three consecutive Thursday evenings this past October the Young Lawyers Division hosted the First Annual Pool Tournament and fundraiser
for "and Justice for all"- Bar Sharks For Justice - at the Dead Goat Saloon in downtown Salt Lake. Members of the legal community were invited to participate. Law firms, as well
as the Young Lawyers Division, sponsored twelve two-person teams made up of associates, partners, paralegals, receptionists, runners, clerks, and students from both the University of Utah
and Brigham Young University law schools, which competed for the first place traveling shark trophy and other prizes. A raffle was held for participants and spectators, and prizes were
awarded to the biggest team cheering section present, on all three nights of the tournament. Salt Lake's Blue Iguana restaurant provided tasty eats, as well.
On the first night,
the twelve teams played a seeding round, each team playing two matches - consisting of three games of 8-ball. Points were awarded based upon the number of balls sunk, with 10 being the
maximum score for each game. After dividing the teams into two pools, play continued the second night with pool play in Group A, and round robin play in Group B. The third night saw round
robin play continue for Group B, with a consolation final for the top two teams. For Group A, the third night began with two qualifying matches into the semi-final round, then the
semi-finals and finals.
In addition to the up to six players for each team (substitutions were allowed if the same two players were not able to play all three weeks in a row), a
couple of local celebrities joined in the fun as well. ABC 4 News reporter Chris Vanocur teamed up with attorney and Dead Goat owner Daniel Darger the first night, and Salt Lake Tribune
columnist Paul Rolly played on Darger's team the final night. The latter "celebrity team" beat the U of U team in the consolation game for Group B.
After a hard fought
final round, the "and Justice for all" team captured first place and the coveted shark trophy (which was given to event host YLD's chair, Vicky Fitlow, to keep until next year's
tournament). Players included Martin Seymour Blaustein, Solomon Chacon, Rob Denton, Curt Lyman, B. J. Makary, and Fraser Nelson. Manning Curtis Bradshaw & Bednar's team of Brian
Applebaum, Tori Aumann, and Jim Ji won second place. Third place went to Snell & Wilmer's team of Scott Dubois and Mike Horner.
This "unique fundraiser" (according
to Randall Carlisle on the Channel 4 News) raised $1,757 for the "and Justice for all" Campaign, which supports the Disability Law Center, Legal Aid Society of Salt Lake, Utah
Legal Services, and other nonprofit providers of free civil legal assistance to Utah's poor, elderly, disabled, and ethnic minorities. Just as important as the funds raised was the fun
had by all, and the friendly competition among the participating law firms, who enjoyed facing off on opposing sides of the (pool) table - for the worthy cause of access to justice for
all.
"and Justice for all" and The Young Lawyers Division Thank the Generous Supporters of the First Annual Bar Sharks For Justice Pool Tournament
"EVENT" SPONSORS
Laherty & Lokken
Yengich Rich & Xaiz
Young Lawyers Division
"TEAM" SPONSORS
Anonymous
Buckland Orton Darger Hansen Waldo & Barton
Burbidge & Mitchell
Larsen & Gruber
Lear & Lear
Littlefield & Peterson
Manning Curtis Bradshaw & Bednar
Snell & Wilmer
IN-KIND SPONSORS
Blue Iguana
BWP Design
Dead Goat Saloon
The Litigation Document Group
PRIZE DONORS
Blue Boutique
Canyon Sports Ltd.
Christopher's Seafood & Steakhouse
Gastronomy, Inc.
M&M Distributing
The Melting Pot
Sit-n-Sleep
VINA Distributing
Special thanks to the Pool Tournament Committee: Wade Budge, Daniel Darger, Vicky Fitlow, Debbie Griffiths, and Candice Vogel
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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 nomination 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 pm on March 3, 2003. Potential candidates will be invited to meet with the Bar Commission in the afternoon of March
13, 2003 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 1st and will be
counted June 2nd. The President-Elect will be seated July 16, 2003 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 Utah Bar Journal 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.
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Notice of Rebate
The Utah Bar Commission recently made a grant of $40,000 to the "and Justice for all" building campaign to assist the consortium of Utah
Legal Services, Legal Aid of Salt Lake, and the Disability Law Center in purchasing the Pete Suazo Legal Center. The Commission believes that the contribution is an important step in
assisting this project but that due to the many generous contributions to the project by the lawyers of the state, the grant should be made only if lawyers were provided with the
opportunity for a pro rata rebate of their 2001-2002 licensing fees. Lawyers would receive rebates depending on their licensing status.
Accordingly, any lawyer who is interested
in receiving his or her proportional rebate of this grant should contact Bar Executive Director John Baldwin at 645 South 200 East, Salt Lake City, Utah 84111 or e-mail at
john.baldwin@utahbar.org.
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SPOTLIGHT on Professionalism
In September, an assistant attorney general appeared at the Utah Court of Appeals for oral argument. Just as the court session was
about to begin, he discovered that in the press of putting together audio-visual materials and equipment to be used in oral argument, he had left his suit jacket back at the office. Lest
this advocate feel awkward about being obviously "underdressed" for an appellate argument, the opposing attorney, Ron Yengich, removed his jacket and set it aside. Both sides
then proceeded to argue the case in shirt-and-tie.
Heard or seen something similar?
E-mail your anecdote to:
jorme@email.utcourts.gov
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Authors Wanted
The Utah State Bar is interested in establishing a web page listing publications authored by Utah licensed attorneys.
For more information, contact: Connie Howard at (801) 297-7033
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Notice of Election of Bar Commissioners
Third and 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 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 January 2 and
completed petitions must be received no later than March 1. Ballots will be mailed on or about May 1, with balloting to be completed and ballots received by the Bar office by 5:00 pm on
May 30. Ballots will be counted on June 2.
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 April issue of the Utah Bar Journal. The space may be used for biographical information, platform or other election promotion.
Campaign messages for the April Bar Journal publication are due, along with completed petitions, two photographs, and a short biographical sketch no later than March 3.
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 are responsible for delivering to the Bar, no later than March 3, enough copies of letters for all attorneys in their Division. (Call the Bar for the count
in your respective Division.)
If you have any questions concerning this procedure, please contact John C. Baldwin, at the Bar offices, 531-9077.
NOTE: According to the Rules of Integration and Management, residence is interpreted as the mailing address according to the Bar's records.
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2003 Mid-Year Convention Awards
The Board of Bar Commissioners is seeking applications for two Bar awards to be given at the 2003 Mid-Year Convention. These awards
honor publicly those whose professionalism, public service, and personal 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
Friday, January 17, 2003.
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.
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2003 Annual Meeting Awards
The Board of Bar Commissioners is seeking nominations for the 2003 Annual Meeting 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 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 25, 2003. The award categories include:
1. Judge of the Year
2. Lawyer of the Year
3. Young Lawyer of the Year
4. Section/Committee of the Year
5. Community Member of the Year
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