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Commission Highlights
During its regularly scheduled meeting of December 6, 2002, which was held in Salt Lake City, Utah, the Board of Bar Commissioners received the
following reports and took the actions indicated.
1. The Commission held a discussion regarding Legal Aid's request on using the lawyers' lounge in the Matheson Courthouse for a
pro bono conference area. The Commission voted to refer the request to the Courts & Judges Committee for their recommendations.
2. John Adams reported that he had attended the
Committee on Professionalism's last meeting and expressed the Commission's support to that group. He offered to include the topic on the Annual Convention's agenda and provide space in an
upcoming Bar Journal issue.
3. John Adams reported that the Bar would co-sponsor with AOC, a reception for the retirement of Justice Richard Howe, which has been tentatively
scheduled for January 15th, 2003. John Adams mentioned that the Bar probably would also be asked to co-sponsor a reception for Justice Leonard Russon when he retires from the Court this
May.
4. Clayton Simms reported that Yvette Diaz has been busy planning for the "First Hundred Minority Bar Members Celebration". Richard Dibblee and Debra Moore will both
be assisting Yvette in her work. The question was asked how do we define "minority"? John Baldwin replied that we largely rely on voluntary self-identification on the annual
licensing form.
5. The Commission will forward the names of Thomas A. Mitchell and Robert Thorup to the Judicial Council for its consideration on the Supreme Courts Ad Hoc Records
Committee.
6. John Adams requested that the reports of the subcommittees to review the Bar programs from last year (Support to Bar Committees, Consumer Assistance Program and
Continuing Legal Education Program) be finalized and submitted for the upcoming January meeting. The Bar programs currently scheduled for review are: (1) the Client Security Fund Program;
(2) the Fee Arbitration Program; and(3) the Member Benefits program. John Baldwin explained that the Court had previously issued an order directing the Bar to periodically review its
programs to determine if they are an efficient and effective use of Bar resources.
7. John Adams reported that the ABA's NCBP mid-year meeting will be held in Seattle this year and
he strongly encouraged Commissioners to consider attending.
8. The Commission reviewed the agenda for meeting with the Supreme Court. John Adams reminded the Commission that in
order to continue building a sound relationship and enhance communication, periodic meetings were being scheduled with the Court.
9. The Commission discussed Bar licensing cards
and Bar branding, and asked if there was interest in changing the appearance of the current Bar licensing card. The Commission asked John Baldwin to look into this issue further and get
back with more information relating to options for design, costs, etc.
10. Nanci Bockelie reported on the Legislative constitutional law class. January 9th will be the first class
taught by two law professors. John Baldwin will check into whether CLE class credit would be available for the lawyer legislators.
11. Karin Hobbs distributed copies of the April
18, 2003 CLE presentation, "Utah Judicial Selection: State and Federal Courts". It was suggested that the presentation be videotaped (and packaged with hard-copy materials) so
that Bar members unable to attend the actual presentation could have access to the information at a later time.
12. John Adams reported that the Bar's Government Relations
Committee is planning a meeting for lawyer legislators and members of the Commission before the 2003 legislative session convenes. This meeting would be a good opportunity to strengthen
relationships and encouraged Commission members to attend
13. John Adams distributed a proposed letter drafted by Scott Sabey and Lori Nelson advising legislators that the rules
for Integration and Management allowed for the Commission's and Government Relations Committee's "technical assistance" to the Legislature on the efficacy and functionality of
proposed laws. Commissioners were asked to provide any feedback relating to the draft to David Bird by 12-13-02.
14. Debra Moore reported on the Delivery of Legal Services
Committee. She said that George Daines and Nanci Bockelie had recently attended the ABA Workshop on Lawyer Referral Services. A discussion followed the report.
15. Steve Waterman
and Joni Seko presented the final, recommended changes to the Bar's Rules Governing Admission. A lengthy discussion followed. The Commission voted to adopt the Rule 7-5 (c) as amended,
and also Question 30 on the application for admission as amended. The Commission also voted to approve the remaining changes previously submitted at the October Commission meeting as well
as those currently included in December's materials.
16. John Baldwin advised the Commission that the Bar will be sending out a monthly e-bulletin to lawyers who have provided
their e-mail addresses. The e-mail will be concise and highlight timely issues of importance to Bar members.
17. John Baldwin discussed recalculation of CLE seminar split
with sections. There was discussion concerning the tendency of sections not to spend the monies they accumulate and the wisdom of augmenting those increasing accounts as well as the
equities of a more reasonable division of revenues. This topic will be put on January agenda for further discussion.
18. Felshaw King directed the Commission's attention to three
separate resolutions: (1) creation of an Office of Professional Protection/Respondent Ombudsman; (2) new requirements to amend Bar's annual budget after approved; and (3) establish
criteria for appropriation of Bar funds pursuant to "outside" requests. Felshaw emphasized that the resolutions were intended as points of discussion rather than items for
immediate action. A lengthy discussion followed and the groups were asked to have a preliminary report ready for the March Commission meeting.
19. It was noted that the former law
professor and law school Dean Lee Teitelbaum would be returning to re-join the faculty at the S. J. Quinney College of Law.
20. Dane Nolan reported that the Utah Supreme Court's
Study Committee on the Delivery of Legal Services had been released to the legislative leadership at the end of November and that it would be available on AOC's web site.
21. Mary
Cline, Chair of the Needs of Children Committee, reported on the demise of the Committee. She said that the Needs of Children's issues were basically being addressed by the Young Lawyers
Division and the Family Law Section so that there was no real role left open for the Committee to fill at this point.
22. Mary Jane Ciccarello distributed a memo outlining the
Needs of the Elderly Committee's activities and accomplishments for the year 2001-2002. She reported that the Committee was trying to expand its programs and that members were in the
process of drafting an elder law manual setting forth basic practice pointers and relevant law. Once completed, the Committee would like to have the material translated into Spanish and
post it on the Bar's web site.
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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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 five truck loads of donated items,
received approximately $2,000 in cash donations to specific shelters and $2,500 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.
Leonard would also like to extend a special thanks to his wife, Stacy, who acted as a one person firm and collected clothing from her friends that amounted to the largest single
truck load of donations received.
Thank you all for your kindness and generosity.
Leonard Burningham
Toby Brown
Sheryl Ross
Marjorie Green
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Request for Comment on Proposed Amendments to the Local Bankruptcy Rules of Practice
Please be advised that the U.S. Bankruptcy Court for the District of Utah has
proposed amendments to the Local Bankruptcy Rules of Practice. All written comments on the proposed amendments are due by March 14, 2003, and must be submitted to the clerk of court no
later than that date. The U.S. Bankruptcy Court will conduct an en bank hearing on Friday, April 4, 2003 at 10:00 a.m., 350 S. Main Street, Salt Lake City, Utah, Courtroom 369, at which time any party who has timely submitted a written comment may appear and be heard.
Copies of the proposed amendments to the Local Bankruptcy Rules of Practice are available at the office of the clerk without charge, or may be obtained by writing the clerk and
enclosing a self-addressed stamped envelope with $3.95 postage affixed. Copies may also be obtained in person at the Utah State Bar Office, or from the Court's website, at
www.utb.uscourts.gov.
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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 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 Election of Bar Commissioners
Third, Fourth & 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 Fourth and Fifth Divisions, 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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Supreme Court Seeks Attorneys to Serve on Advisory Committee
The Utah Supreme Court is seeking applicants to fill vacancies on its Rules of Juvenile Procedure
Advisory Committee. Each interested attorney should submit a resume and a letter addressing qualifications to:
Alicia Davis - Administrative Office of the Courts
P.O. Box 140241 - Salt Lake City, Utah 84114-0241
Applications must be received no later than January 31, 2003. Questions may be directed to Ms. Davis at (801) 578-3800.
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Notice of Amendment to Rules of Lawyer Discipline and Disability
As of January 1, 2003, the Utah Supreme Court amended the Rules of Lawyer Discipline and Disability. The amended rules have not yet been updated on the courts' websites, but
have been updated on the Utah State Bar's website at www.utahbar.org.
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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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Notice of Petition for Reinstatement to the Utah State Bar by Isaac B. Morley
Pursuant to Rule 25(d), Rules of Lawyer Discipline and Disability, the Utah State
Bar's Office of Professional Conduct hereby publishes notice of a Petition for Reinstatement ("Petition") filed by Isaac B. Morley in In re Isaac B. Morley, Third District
Court, Civil No. 950906429 on December 30, 2002. Any individuals wishing to oppose or concur with the Petition are requested to do so within thirty days of the date of this publication by
filing notice with the District Court.
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