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On December 12, 2000, the Utah Supreme Court notified the Board of Bar Commissioners ("Board") that it had completed its consideration of the recommendations of the
Task Force on Bar Governance ("Task Force").1 Contrary to the recommendations of the Task Force and the current practice of the Commission, the Court mandated direct election of the President-Elect by members of the Bar.2 The Court further requested that the new election procedure be implemented immediately for the 2001 election. In response, the Bar Commission is amending the Rules of Integration and Management and Bylaws and will petition the Court for changes necessitated by the new election procedures.
The Court requires the Board to annually nominate two lawyers in good standing to run for President-Elect. The Board has the option of selecting nominees from the current
Commission, but is not prohibited from accepting non-Commission candidates. All active members of the Bar would then be eligible to vote for the President-Elect from the slate
nominated by the Board. Due to the direct election of President-Elect, the retention election would be eliminated.
The Board and Executive Director are moving quickly to adopt a proposed schedule and rule changes to implement these election procedures. Under these proposals, nominations for
President-Elect would be submitted to the Board in writing no later than March 1st. The Board would then select two candidates to run for the election from the qualified
nominees. Candidates' campaign platforms would be published free of charge in the Utah Bar Journal. Ballots would be mailed in April to all active members of the Bar for a
direct vote on the slate of candidates. Ballots would be returned and counted within 30 days and the candidate with the most votes would be seated as President-Elect at the
annual meeting. See proposed amendments, Utah State Bar Rules for Integration and Management, III.G; Bylaws, VI ¤ 2.
The Court's new election procedures address concerns raised by the Task Force in its February 28, 2000 report and recommendations. Concern regarding the expense of taking a
campaign for President-Elect directly to members is addressed by the Bar's publication of candidates' campaign platforms. In addition, funds previously expended by the Bar on
the retention election will be redirected to defray the mailing costs of campaign materials. The Task Force also suggested that a non-Commission candidate may not have
adequate experience to govern. However, the Court determined that service for one year as President-Elect before becoming President would provide the candidate with ample time
to become familiar with Bar operations and to learn to work with the Board and Executive Director. Finally, the Task Force's observation that the Board is in the best position
to choose Bar leadership was addressed by the Court through the nomination process. Board control over the nomination process will help to ensure that the candidates selected
are qualified to serve as President. In addition, the Board will be in a position to alternate slates between Wasatch Front candidates and those from other geographic areas.
This Commissioner welcomes the ruling of the Utah Supreme Court which will permit members of the Bar to have a more direct voice in the selection of the President. Election of
the President-Elect by all members enables the candidates to present a campaign platform to the entire Bar. This improves communication between Bar leaders and members and
involves all lawyers in a meaningful choice in the direction of Bar affairs.
1Letter from Richard C. Howe, Chief Justice, to David O. Nuffer, President, Utah State Bar, dated December 12, 2000.
2 Direct election under a slightly different procedure was recommended to the Board, September 10, 1997 Recommendation of the Election Procedures Committee, Commissioners D. Frank Wilkins and Denise A. Dragoo.
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