December 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 October 24, 2003, which was held in Salt Lake City, Utah, the Board of Bar Commissioners received the following reports and took the actions indicated.

1. John Baldwin reported that the Commission should make the selections for the Professionalism Award in time for the Mid-Year Convention in March. For this initial award, Commissioners need to recommend one name from each Division by the January Commission meeting. It was noted that Justice Wilkins has replaced Justice Durrant as chair of the Court's Professional Committee.

2. Joni Dickson Seko and Billy Walker reported on the recent MJP regional meeting they had recently attended. They noted that Utah's Code of Civility and the work of the Court's Professional Committee as well as the Advisory Committee work on Ethics 2000 were of great interest to the group. Joni continued that the Casemaker program has been adopted by a majority of these western states. The biggest difference, however, is that these states impose a nominal fee of $15-25 per lawyer for the service to offset the cost. Idaho has granted reciprocity with Utah and information on admission on motion is now on the Bar's website. Montana's Board of Bar Examiners has approved reciprocity with Utah, but their Supreme Court appears to have some reservations. Oregon appears to be extremely pleased that an increase in the passing score on Utah's Bar Exam has been approved by the Commission and is very interested in whether our Supreme Court approves it.

3. Debra Moore reported that the Utah Trial Lawyers Association was interested in petitioning the Court to allow lawyers to be certified in a specialty practice area of the law. A petition would be necessary because the applicable Rules of Professional Conduct would need to be revised. The Commission declined to recommend any changes as it would involve additional Bar resources.

4. Yvette Diaz announced that official invitations to the annual Utah Minority Bar Association Scholarship Dinner have been sent out. Christopher John, General Counsel for General Motors will be the speaker and the Diversity Pledge will be "rolled out" at the dinner.

5. Debra Moore announced that the Leadership Conference would be held on Thursday, September 30. Debra reminded the Commissioners of the upcoming NCPB ABA meeting in San Antonio scheduled for February 5-7th and the Western States Bar Conference in Scottsdale, March 17-20, 2004.

6. George Daines reported on the small claims court committee.

7. David Bird reported on the Judicial Council.

8. John Rees discussed creating a "cyberspace" section. He believes that a good deal of important technological issues (such as SPAM, privacy, etc.) are not being adequately addressed by the IP section which seems to focus primarily on patents and intellectual property topics. Informal approval was granted with formal approval pending.

9. Christian Clinger reported on the Young Lawyer's Division "Fall Clean-Up". This event includes landscaping and clean-up of the Salt Lake County Children's Justice Center.

10. John Baldwin conducted a PowerPoint presentation on the Bar budget forecasts. John emphasized that budget decisions should be made in light of the Bar's mission and vision statements. He reviewed governance issues with the Commission and answered a number of questions.

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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Notice to All Bankruptcy Practitioners

As of October 1, 2003, papers filed with the United States Bankruptcy Appellate Panel of the
Tenth Circuit will be available in .pdf format on the BAP PACER website. www.bap10.uscourts.gov

To better serve all parties and provide significant and meaningful access to the Court's records, the United States Bankruptcy Appellate Panel of the Tenth Circuit ("BAP") has instituted a policy, effective October 1, 2003, to image papers, other than briefs and appendices, and make them available to the public through the PACER internet website. Limited images are available on dockets of most cases beginning June 1, 2003.

Please be aware that any papers filed with the BAP will be made publically accessible. Any personally identifying information of a confidential nature, for example social security numbers, credit card numbers, and names and addresses of minor children, should be redacted to prevent public access to that sensitive information.

In the event that it is necessary to file a paper containing confidential or sensitive information that should not be made available to those outside the appeal, please contact the Clerk's office of the BAP at (303) 355-2900, and arrangements can be made.

The BAP internet site does not allow electronic filing. However, papers may be filed electronically when authorized in advance by the Clerk. Papers may also be submitted for filing by facsimile at (303) 335-2999 or by mail.

For further information, please contact
the BAP Clerk's Office:
(303) 355-2900 or
10th_Circuit_Bap@ca10.uscourts.gov

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2004 Annual Convention Awards

The Board of Bar Commissioners is seeking nominations for the 2004 Annual Convention 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 23, 2004. 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
6. Pro Bono Lawyer of the Year

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2004 Mid-Year Convention Awards
The Board of Bar Commissioners is seeking applications for two Bar awards to be given at the 2004 Mid-Year Convention. These awards honor publicly those whose professionalism, public service, and public 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 16, 2004.

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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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 nominated 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 indicate 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 P.M. on March 1, 2004. Potential candidates will be invited to meet with the Bar Commission in the afternoon of March 11, 2004 at the commission meeting in St. George. At that time the Commission will select the f!
 inalist candidates for the election.

Ballots will be mailed May 3rd and will be counted June 1st. The President-Elect will be seated July 14, 2004 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 Petition for Immediate Transfer of  Lamonte L. Hansen to Disability Status

On October 29, 2003, the Honorable James R. Taylor, Fourth Judicial District Court, entered an Order Transferring Lamonte L. Hansen to Disability Status.

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Notice of  Election of Bar Commissioners

Second and Third 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 one member from the Second Division and three members from the Third 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 3 with balloting to be completed and ballots received by the Bar office by 5:00 p.m. May 31. Ballots will be counted on June 1.

In order 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 publications are due along with completed petitions, two photographs, and a short biographical sketch no later than March 1.

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 would be responsible for delivering to the Bar no later than March 15 enough copies of letters for all attorneys in their division. (Call Bar office for count in your respective division.)

If you have any questions concerning this procedure, please contact John C. Baldwin at the Bar Office, 531-9077.

NOTE: According to the Rules of Integration and Management, residence is interpreted to be the mailing address according to the Bar's records.