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Commission Highlights During its regularly scheduled meeting October 26, 2001 which was held in Salt Lake City, Utah, the Board of Bar Commissioners received the following reports and took the actions indicated. 1. Scott Daniels updated the Commission on the activities of the Bar's special committee on the Unauthorized Practice of Law and the Delivery of Legal Services. 2. Scott Daniels stated that for some while now the Courts and Judges Committee had been working with the Commission to establish a formal policy on how the Bar could help judges respond to public criticism. He indicated that the Bar should act to inform the public that judges are not in a position to defend themselves. 3. Scott Daniels said a press conference had been held to publicize the efforts of pro bono lawyers who had been solicited to represent members of the public who may be suddenly called up to active military service. 4. Scott Daniels indicated that the Bar had been approached by the United States Olympic Committee and asked to organize a program in which lawyers would provide pro bono representation to athletes involved in matters before the Court of Arbitration for Sports during the Olympic Games. 5. Appointments were made to the Utah Legal Services Board of Trustees. Lisa Hurtado Armstrong, John A. Beckstead, Terry L. Cathcart, Carol Clawson, Mary Corporon, Thom R. Roberts, Erick Strindberg, Mary Tucker and Roland Uresk were reappointed to that Board. 6. Scott Daniels reminded the Commission that the National Conference of Bar Presidents will be held in January and the Western States Bar Conference will be in March of 2002. 7. Marlene Gonzalez gave a report on the membership of the Minority Bar Association and reported on mentoring activities and the need for more judges and attorneys. 8. John Baldwin indicated that there would be a $10.00 fee for certificates of good standing. 9. John Adams reviewed a memorandum summarizing the recent activities of the Commission's OPC Rules Review Committee. 10.  The Commission discussed the usage of the Ethics Advisory Opinions. It was resolved that the opinions bind the OPC and give guidance to requesting lawyers. 11.  C. Dane Nolan was asked to write an article for the Bar Journal, which would provide a primer on the disciplinary process and an indication of where the Bar was in improving the process. 12.  Gary Sackett gave an Ethics Advisory Opinion Committee report. 13.  A 2001 Commission photograph was taken. 14.  Debra Moore gave a Judicial Council report. 15.  John Adams reported on the follow up of the Task Force on Racial and Ethnic Fairness. 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. ************ Mock Trial Volunteers Needed Volunteer judges are needed for the 2002 Mock Trials. All mock trials will be held during the months of March and April. If you are interested in signing up or would like more information, please visit our website at www.utahbar.org. ************ Notice of Direct Election of Bar President In response to the its 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 P.M. on March 1, 2002. Potential candidates will be invited to meet with the Bar Commission in the afternoon of March 21, 2002 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 3rd. The President-Elect will be seated June 27, 2002 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. ************ Notice of Election of Bar Commissioners First 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 First Division and two 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 1, with balloting to be completed and ballots received by the Bar office by 5:00 pm on May 31. Ballots will be counted on June 3. 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 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 are responsible for delivering to the Bar, no later than March 1, 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. ************ 2002 Annual Meeting Awards The Board of Bar Commissioners is seeking nominations for the 2002 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 Thursday, April 25, 2002. 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 ************ Food and Clothing Drive Participants and Volunteers We would like to thank all participants and volunteers for their assistance and support in this year’s Food and Clothing Drive. We delivered six truck loads of donated items, received almost $2,500 in cash donations to specific shelters and $5,000 was donated to Jennie Dudley and her Eagle Ranch Ministries to feed the homeless. We would also like to thank all of the individual contacts that we made this year and look forward to working with you next year. Thank you all for your kindness and generosity. Leonard W. Burningham Toby Brown Sheryl Ross Shelley Goff ************ Olympic Court Plan Ð February 8-24, 2002 Judges were encouraged not to schedule trials during this time. We are not aware of any trials scheduled to date. However, if a jury is called, jurors will be expected to serve. If the juror can prove that he or she is a spectator or volunteer for the Olympics, jury service will be deferred until after the Olympics. No public parking will be allowed at the Matheson courthouse during this time. Matheson, West Valley and Summit Courts The Third District Court Olympics Sub-Committee has adopted the following policies, due to the events of September 11: All Third District Courts will operate during normal business hours (8:00 a.m. to 5:00 p.m.) during the Olympic period of February 8-24, 2001. An on-call roster of district judges, staff and attorneys has been established in the event of mass arrests in Salt Lake County or Summit County. Any mass arrest hearings will be held at the jail of the respective county. Third District and Third District Juvenile Courts will process cases in which individuals are cited at an Olympic venue such as the E-Center (West Valley), Park City (Summit), Downtown Salt Lake (Matheson), or Kearns Ice Skating (West Valley). Any misdemeanor citation occurring at a location other than an Olympic venue will be processed under the same jurisdictional guidelines as specified in the Utah Code. A venue is considered to be a place where an Olympic event or activity is held. Felonies will be processed in the same manner as currently required. Cases Arraignments, pre-trials, and preliminary hearings will be held as needed for in-custody only. Trials will not be held unless there are extenuating circumstances. Civil cases are limited to emergency settings only at the Matheson, West Valley City, and Summit courthouses. The Murray Court will hold protective order hearings where the Legal Aid Society will prepare ex-parte petitions and commissioners will hear domestic matters. A protective order signing judge will schedule time at the Murray Court for protective order signing. Summit County will continue to accept protective order petitions at Silver Summit. Ex-parte protective order petitions may also be filed at the Matheson Court, but Salt Lake County residents are encouraged to file at the Murray Court. No unlawful detainer matters will be signed (3 day summons), issued (orders of restitution), or heard (unlawful detainer hearings) at the Matheson Court during the Olympics. Third District Juvenile Courts All Third District Juvenile Court Locations (Tooele, Summit, Sandy, Matheson) will be open 8:00 a.m. to 5:00 p.m. for filing of court documents, to receive payments, or to receive protective orders or warrants. In addition all probation and intake offices will be open to serve the public. Protective orders, pursuant to jurisdiction, will be processed by the Juvenile Court during the Olympic games at the Sandy Court location. Warrants will be processed at the Sandy Court location. The majority of citations issued to juvenile offenders are processed through the Assessment Diversion Division. This process will continue through the Olympic Games. ADD managers will soon meet with Law Enforcement agencies to review the process and to develop an expedited process for Olympic Visitors. (i.e. same day or next day appearance). Juveniles must be accompanied by a parent or guardian for juvenile court proceedings. Juveniles cited for committing minor offenses may exercise their right to due process and request a formal hearing before the court. They may alternately elect a non judicial review and clearance of the matter by a probation officer if they are not contesting the charge. If a juvenile is cited for an alcohol related offense the case may be handled as above. A second offense requires mandatory court appearance, and if convicted mandatory penalties including fines and performance of community service hours. Olympic guests will be treated as all others coming before the court. Child protective services will be available during the Olympic Games. Child protective matters (abuse, neglect, dependency) should be directed to the Division of Child and Protective Services hotlines (801) 538-4377 in Salt Lake City or 1 (800) 678-9399 statewide or by calling law enforcement 911. Juvenile courts will operate reduced schedules at the Matheson Court and Summit County Court which are both Olympic Court locations. The juvenile court will conduct all mandatory hearings for the district at the Sandy location. This will include shelter hearings, shelter arraignments, detention arraignments, warrants and protective orders. Detention hearings will be conducted at the Salt Lake Valley Detention Center. Shelter hearings will be conducted at the Sandy Court location. These hearings occur within 72 hours of removal of the child from home and will be scheduled daily during the Olympic games with a judge rotation each day. Shelter arraignment / pre trials will be scheduled within fifteen days of that hearing. Shelter arraignment / pre trials two weeks preceding the games will be set and held in Sandy. A schedule of judges is available through the Clerk of the Court, 238-7700. A juvenile detained by law enforcement may be taken to a juvenile receiving center if the offense is minor or there are no parents or guardians for the officer to release the child to. Receiving centers are located in the Salt Lake Valley and a temporary receiving center will operate in Summit County during the Olympic games. Receiving centers attempt to reunite parents and children. A juvenile probation officer may be called if the juvenile is charged with a crime to determine a course of action. If a juvenile is charged with a major crime, for which they may be held under Utah law, they may be booked into a juvenile detention center. Salt Lake Valley Detention Center is located in Salt Lake City and serves the Third District. If a juvenile is booked into detention, a hearing before a judge is scheduled within 48 hours, usually the next morning (not weekends or holidays) to determine if the juvenile should be held in detention or released to parents or guardian pending review of the charges by the DA. If held in detention, an arraignment hearing is scheduled on the charge within five (5) working days, before a judge. Charges are determined by the District Attorney's Office. If language barriers exist a juvenile may request an interpreter. A probation officer may meet with the juvenile and the family for a preliminary inquiry on the charges. A juvenile is entitled to representation by legal counsel in any juvenile court proceeding. A law enforcement officer has the discretion to release a juvenile offender. If a juvenile must be detained the officer may take the juvenile to a receiving center, or to juvenile detention depending on the nature of the violation. A list of holdable offenses for detention is available by calling the detention center, or in the Juvenile Court Olympic Manual. Salt Lake Valley Detention Center is located at 3450 South 900 West, SLC at (801) 261-2060. Juvenile receiving is located at 177 West Price Ave in SLC (801) 269-7500 or 10195 South Central Parkway, Sandy (801) 352-8680. In Summit County the location will be next to the Olympic Court at Silver Creek Junction, phone not available at this time. Juvenile court information is available by calling (801) 238-7700 during the work day 8:00 a.m. to 5:00 p.m. or after hours by calling an on call probation officer at (801) 550-6470. A juvenile may request a trial in a juvenile court proceeding. Juvenile defendants are not entitled to a trial by jury under Utah Law. A judge will preside over the case. All juvenile proceedings require a parent or guardian to be present. A juvenile is entitled to representation by legal counsel. If counsel cannot be afforded the court may consider a request for a court appointed attorney. The juvenile and parent or guardian must submit a document of impecunious circumstances for review by the court. Trial settings through the juvenile court may take up to three months depending on the circumstances. If the juvenile is not held in detention a trial date will be given at the arraignment / pretrial hearing. If a juvenile is being held in detention an effort will be made to expedite the trial setting. Interpreter services may be requested by a juvenile who has language barriers. Juvenile Courts in Utah consider victim requests for restitution payment upon the conviction of a crime and appropriate documentation of loss. Victim restitution payment is common in Juvenile Court cases. The victim may request of the court the opportunity to notice of the proceedings or to attend them. Notice of restitution ordered by the court is mailed to the victim. Victim rights questions may answered by contacting the District Attorneys office or the Office of the Utah Attorney General.