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President-Elect and Bar Commission Election Results
N. George Daines was elected President-Elect of the Utah State Bar. George received 1,089 votes to Randy S.
Kester's 1,033. Nathan D. Alder and Yvette D. Diaz were elected to the Commission in the Third Division. Nate received 908 votes, Yvette received 787, to Brian Burnett's 611 votes and
Nanci Snow Bockelie's 557. In the Fourth Division, Robert L. Jeffs was elected to the Commission. Robert received 102 votes to Thomas W. Seiler's 78 and Brent H. Bartholomew's 75. In the
Fifth Division, V. Lowry Snow ran unopposed.
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Commission Highlights
During its regularly scheduled meeting of April 25, 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 Adams reported on lobbying on federal bankruptcy reform and stated that in March the U.S. House of Representatives approved bankruptcy reform legislation (H.R. 975) which would dramatically increase the liability and administrative burdens of bankruptcy attorneys. The new measure would require a debtor's attorney to: (1) certify the accuracy of the debtor's bankruptcy schedules under penalty of court sanctions; (2) certify the debtor's ability to make payments under a reaffirmation agreement; (3) identify and advertise themselves as "debt relief agencies" subject to new intrusive regulations. The motion passed to oppose the proposed legislation's provision to require lawyers to certify the debtor's ability to make payments under a reaffirmation agreement.
2.
John Adams reported that Congress has appropriated $180,000 to the Community Legal Center and that Rep. Cannon chairs a subcommittee that was instrumental in helping to secure the appropriation.
3.
John Adams announced that Bob Merrell will be leaving the Commission due to other commitments and the Court has requested nominations for his replacement. The Court will conduct interviews in May and the new member will be appointed in time for the Bar's annual convention.
4. Ken Wallentine and Brent Bullock are being nominated for the appointment to the Deception Detection Examiners Board. Their resumes have been sent to the Detection Board.
5.
The Chair of the State Advisory Board on Children's Justice sent a letter asking the Commission for the reappointment of Robert A. Alsop to that Board. Utah law mandates that the Bar appoint a criminal defense attorney to serve. The motion to reappoint Robert Alsop for a second three-year term passed unanimously.
6.
John Baldwin discussed the statistical report relating to admissions. Out of 129 applicants, 99 passed and 30 failed the February exam for a pass rate of 76.7%. The swearing in ceremony will be held May 19th in the Salt Palace.
7.
John Adams recapped the St. George events relating to H.B. 349 and a lengthy discussion followed. The motion passed and was unopposed to form a task force to be charged with: (1) support increasing limits in small claims court to $10,000 and; (2) explore how parties in small claims actions might be represented by uncompensated non-lawyers and that the remaining two items (uncompensated legal advice by non-lawyers generally and unbundling of legal services by lawyers, be tabled until after the DLS report was made. The motion to allow the Commission's Executive Committee to make the task force appointments, with George Daines as the chair passed unopposed.
8.
Lauren Barros announced that the Judges' School seminar would be held on May 22, with an opening address by John Adams. Lauren said that the first session will consist of a federal panel with Paul Warner and Brooke Wells in attendance and the second session would be moderated by Chief Justice Christine Durham. The second session addressing state court appointment panelists will include Justice Jill Parrish.
9.
John Baldwin discussed the most recent financial statements and noted that we are projecting a deficit for the coming year. He said that we would probably come in at approximately a zero balance. The motion to publish the notice of the proposed budget to members passed without dissent.
10. Toby Brown appeared at the meeting to discuss the CaseMaker proposal. Casemaker is an online legal research system and the proposal is to enter into a five-year
agreement to provide this service as a free member benefit. The library for this service contains Utah law including case law, statutes, and regulations, as well as selected federal law
but only as it pertains to Utah. Although the Bar can select the library content, any increase in content drives a price increase. The cost is approximately $65,000 a year on a
pay-as-you-go charge.
11. Scott Daniels discussed a recent meeting of the Utah Supreme Court's Professionalism Task Force. The Task Force has requested an $10,000
contribution to help fund a part-time discovery commissioner.
12. Debra Moore reported that the ABA had completed its recent audit of the proposed Lawyers Helping Lawyers
program and that the report's emphasis was on converting the current ad hoc program to a stable, consistent, and fundable project. Debra noted that the program would need an initial
$120,000 in start-up costs, ongoing financial support and statutory enactments to maintain confidences and to enact immunity for those directing the program. Debra concluded by stating
that the program would be a clear benefit to Utah lawyers and a possible savings in disciplinary costs due to early intervention.
13. John Adams discussed the most recent
developments with the Racial and Ethic Task Force. He said the Task Force is interested in participating in the Bar's Brown v Board of Education project slated for next May.
14. Debra Moore reviewed the upcoming retreat schedule. She would like the Commission to arrive at a set of goals and then determine how each Commissioner would like to contribute
toward progress on those goals. Emphasis will be placed on budget review and planning.
15. Felshaw King reported on the OPC Ombudsman and said that the committee was still in
the process of evaluating what they wanted to propose, if anything, in this area. This item will be deferred to the June meeting.
16. John Adams congratulated Dane Nolan on
his appointment as a Third District Juvenile Court Judge, and said that Dane's absence will leave a vacancy for a member on the Judicial Council. Although not mandated, this vacancy is
typically filled by a Commissioner. John said that if any present were interested and have the time to attend and actively participate in a monthly Judicial Council meeting, that those
Commissioners should contact John Baldwin, Debra Moore, or himself.
17. The Commission reviewed the written report on the Client Security Fund submitted by Christine
Critchley. Those present noted that it was an important program and that it was especially important as it impacted public perception on dishonest attorneys. The motion to continue this
program for another three years passed unopposed.
18. Felshaw King discussed the sunset review materials related to member benefits and the motion to continue the program
passed unopposed.
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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Mailing of Licensing Forms
The licensing forms for 2003-2004 have been mailed. Fees are due July 1, 2003, however fees received or postmarked on or before
August 1, 2003 will be processed without penalty.
It is the responsibility of each attorney to provide the Bar with current address information. This information must be submitted
in writing. Failure to notify the Bar of an address change does not relieve an attorney from paying licensing fees, late fees, or possible suspension for non-payment of fees. You may
check the Bar's website to see what information is on file. The site is updated weekly and is located at www.utahbar.org.
If you need to
update your address please submit the information to Arnold Birrell, Utah State Bar, 645 South 200 East, Salt Lake City, UT 84111-3834. You may also fax the information to (801) 531-9537.
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Congratulations...
The ABA Standing Committee on Public Education recognized the Uintah County Justice Court for its first-ever Law Day celebration by
presenting the "Outstanding 2002 Law Day Activity" Award to the Honorable G. H. Petry. Judge Petry accepted the award during the ABA's Midyear Meeting in Seattle, Washington.
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Thank You!
We wish to acknowledge the efforts and contributions of all those who made this year's Law Day celebrations a success. We extend a special thank you
to:
Cache County Bar Association
Government Law & Military Law Sections, Utah State Bar
Office of the Staff Judge Advocate, Hill Air Force Base
Fort Douglas Army Legal Office and
Utah Air and Army National Guard
Law Day 5K Run/Walk
Lon Jenkins - Chair, Law Day Run/Walk Committee
and its members, and all those who participated.
Law Day Luncheon/Awards
Young Lawyer Division - Victoria Fitlow, President
Mickell Jiminez Rowe & Kelly Williams, Co-Chairs
and the following
Clyde Snow Sessions & Swenson
Community Legal Center
Dart, Adamson & Donovan
Farr, Kaufman, Sullivan, Gorman, Jensen, Medsker, Nichols & Perkins
Holland & Hart
Manning, Curtis, Bradshaw & Bednar
Olson & Hoggan
Parr Waddoups Brown Gee Loveless
Parsons Behle & Latimer
Ray, Quinney & Nebeker
Suitter Axland
TraskBritt
Mock Trial Competition
Utah Law Related Education Project and all volunteer coaches, judges, teachers and students.
Salt Lake County
Bar Association
Art & the Law Project
Thank you for your participation!
Bar Commission
Law Related Education and Law Day Committee
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