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President-Elect and Bar Commission Election Results
David R. Bird was elected President-Elect of the Utah State Bar. David received 1,171 votes to Gus Chin's 1,151. David R.
Bird, Gus Chin and Scott R. Sabey were elected to the Commission in the Third Division. Gus received 1,014 votes, Scott received 848 votes, David 717 votes, Christian Clinger 637, Clayton
A. Simms 569, and Irshad A. Aadil 525.
Felshaw King ran unopposed in the Second Division.
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Commission Highlights
During its regularly scheduled meeting of April 23, 2004, which was held at the Homestead in Midway, Utah, the Board of Bar Commissioners
received the following reports and took the actions indicated.
1. Debra Moore reviewed the retreat agenda and invited all the Commission to brunch on May 7th with Robert Grey,
President-elect of the ABA. It was noted that Deborah Threedy is the acting dean of the S. J. Quinney College of Law and Kevin Worthen will be replacing Reese Hansen at BYU and both have
been invited.
2. Debra reported on Access to Justice Planning Council. This is a new organization and the goals include identifying needs in this area and pursuing enhanced
efforts through additional collaboration to try to meet those needs. The Bar's pro bono program fulfills the Bar's "obligation" and no additional Bar resources are available at
this time. Justice Ronald Nehring has been appointed to the Planning Council and the charge to Council members is to seek out appropriate support and resources from such entities as the
legislative and executive branches of government. In commenting on the recent, first-time ABA-sponsored meeting in Atlanta discussing these issues, Debra observed that a Commissioner
should be in attendance at these yearly planning meetings.
3. John Adams reported on Brown v. Board of Education project. He noted that part of the program had been approved for two CLE credit hours. Over 100 high schools have elected to participate in a short video presentation and subsequent dialogues to be led by volunteer lawyers and others. Materials to be used during these presentations have been prepared by the Litigation Section. The Young Lawyers Division, spearheaded by Christian Clinger and Yvette Diaz, has made valuable contributions to the program.
4. John Baldwin reviewed the Annual Awards Selection process as Judge of the Year, Lawyer of the Year and Section/Committee of the Year are traditionally awarded at the Annual
Convention. These selections need to be made by June in time for the July meeting and input is needed. John noted that we had moved some of the remaining award categories to the Fall
Forum.
5. Debra reviewed the ABA House of Delegates selection process. She announced that Charles Brown's second term as Utah's ABA State Delegate would be expiring in August and
that he had requested re-appointment. Debra asked for discussion on the topic generally as to whom should be considered and added that this position traditionally has been filled by a
former or current Commissioner. Discussion followed and it was noted that Utah is close to qualifying for a second delegate (which requires 7,000 active in-state members) .
6.
Debra stated that Nate Alder had provided three names to DOPL for nominations to the ADR Providers Certification Board: Lisa Dator, Ruth Shapiro and Langdon Owen. Debra noted that
Commission ratification was needed at this juncture but that we were not foreclosed from sending in additional names. The motion to ratify these nominees passed unopposed.
7.
Sanda Kirkham, Peggi Lowden and Robyn Dotterer updated the Commission on the Paralegal Division. One of the original and current requirements for membership is an affidavit from the
sponsoring attorney who directly supervises the paralegal's work. If the paralegal works for an independent contractor, corporate, academic or government sectors, they are no longer
qualified to be a member. Discussion followed and it was determined that a committee needs to be formed to examine the issues.
8. Charles Brown gave the ABA report and stated that
the ABA Mid-Year Meeting would be held in Salt Lake City with a tentative date of February 10th - 15th, 2005. He noted that the upcoming ABA Law Day in Washington, D.C. was to learn about
aspects of effective lobbying and meetings are set-up for attendees with congressional leaders. Charles will be attending as well as another Commissioner. Charles noted that the proposed
constitutional amendment for a national "marriage bill" was a state issue and that the ABA should not and will not take a position. The Military Legal Assistance Model Rule was
also a topic. The criminal jurisdiction bill was a controversial issue and tabled. Finally, the ABA has decided to review the prototype approved "auditors letter".
9.
Debra Moore reported that there was a proposed ABA Model Court Rule on [Malpractice] Insurance that the Commission needs to review. The proposed rule would require lawyers to disclose on
their annual licensing forms whether they have malpractice insurance. Discussion followed and the motion to form a committee to study the issue passed unanimously. Yvette Diaz, Rob Jeffs
and Charles R. Brown volunteered for the committee.
10. John Baldwin reviewed March financials. He noted that there was more revenue than expected primarily because no
expenditures had yet been made on the Casemaker project. Admissions, CLE and Licensing were all doing better than had been budgeted.
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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"and Justice for all" Law Day 5K Run/Walk - May 1, 2004
Under brilliant early spring skies, the annual "and Justice for all" Law Day 5K
Run/Walk was held Saturday, May 1, 2004 to the delight of over 900 eager participants. Originally the Bob Miller Memorial 5K Run, the Run, now in its 22nd year is held in conjunction with
Utah's Law Day activities. The Run is a primary fundraiser for "and Justice for all," the collaborative fundraising campaign which supports civil legal aid to indigent and
disabled Utahns served by the Disability Law Center, Legal Aid Society of Salt Lake and Utah Legal Services. The Run begins and finishes in front of the S.J. Quinney College of Law
located on the University of Utah campus.
Instead of the traditional pistol start, The Honorable Dee Benson, United States District Judge for the District of Utah, started the Run
with a bang of his gavel - and promptly took his place among the stampeding runners and walkers (and won his division). The festivities were kicked-off with a welcome by Run chair, Lon
Jenkins, followed by the singing of the National Anthem by Salt City Sound, a Sweet Adeline Quartet. Also included in the pre-run ceremony was the presentation of a check for $1,000 to
"and Justice for all" by the Student Bar Association of the S.J. Quinney College of Law from proceeds of its Barrister's Ball & Casino Night fundraiser. Returning again for
the third year was the popular division for our youngest participants - the "Baby Stroller Division" - which had 70 participants registered! And, once more, we hosted a division
for those who preferred not to run or walk the course - the "Chaise Lounge Division" - with mile markers that run past them and a finish line that sweeps across the exhausted
sitters. In all, over 940 participants registered for this year's event - just shy of the hoped-for 1000 (but there's always next year!)
Many local businesses and organizations
have generously underwritten the costs of putting on the event - in both cash and in-kind donations - so that Run proceeds ($16,000 this year!) will go to the "and Justice for
all" campaign. Major sponsors included Iron Mountain, Utah State Bar, Temple Square Hospitality Corp. (Passages Restaurant), Utah Trial Lawyers Association, Systems West Computer
Resources, Les Olson Company, Garcia & Love Court Reporting, PriceWaterhouse Coopers and Great Harvest Bread. We express our sincere gratitude to these invaluable sponsors of the
event. The S.J. Quinney College of Law at the University of Utah and Dean Scott Matheson, Jr. again graciously allowed us the use of the law school facilities to hold the event.
In
the "Recruiter Competition," the law firm of Ray, Quinney and Nebeker recruited the largest number of entrants (a whopping 267É eclipsing the old record by 80 entrants!). The
firm was awarded a traveling slate "and Justice for all" trophy and the team recruiter, Jill Christiansen, won a pair of round trip tickets on Southwest Airlines! Fastest time
by a female in the race was established by Kathryn Connor; Jameson Jenkins was the fastest overall male. Congratulations!
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Notice of Petition for Reinstatement to the Utah State Bar by Russell T. Doncouse
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 Russell T. Doncouse in In re Russell T. Doncouse, Second
Judicial District Court, Civil No. 020900608 on May 3, 2004. 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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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:
Government Law & Military Law Sections, Utah State Bar
Office of the Staff Judge Advocate, Hill Air Force Base
"and Justice for all" Law Day 5K Run/Walk
Lon Jenkins - Chair, Law Day Run/Walk Committee
and its members, and all those who participated.
Law Day Dinner/Awards
Young Lawyers Division - Christian Clinger, President
Michael Young & Kelly Williams, Co-Chairs
and the following:
Clyde Snow Sessions & Swenson
Holme Roberts & Owen
Jones Waldo Holbrook & McDonough
Parsons Behle & Latimer
Ray, Quinney & Nebeker
Attorney General Mark L. Shurtleff
Van Cott Bagley Cornwall & McCarthy
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
Utah Minority Bar Association
Letter to the Editor
Thank you for your participation!
Bar Commission
Law Related Education
and Law Day Committee
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Thank You
to the following sponsors of the 2004 "and Justice for all" Law Day 5K Run/Walk
5K Sponsors
Iron Mountain
Great Harvest Bread Company
PricewaterhouseCoopers
Les Olson Company
Systems West Litigation Resources
Utah State Bar
Speed Sponsors
Utah Trial Lawyers Association
S.J. Quinney School of Law
Garcia & Love Court Reporting
Lexis Nexis
Temple Square Hospitality Corp.
Event Sponsors
Ballet West
Boise Cascade
Brewvies Cinema Pub
Bullock Frame Company
CafŽ Trio
Anne Cannon
CLIF Bar Inc.
Costco Wholesale
David Audio-Visual Inc.
Depomax Reporting Services
Hires Big H
Hotel Monaco
McDonald's
New Line Cinema
Nu Skin
Pioneer Theatre Company
Prompt Car Wash
Red Iguana Restaurant
Repertory Dance Theatre
Rivers Restaurant
Road ID
Runner's Advantage (Insoles)
Runner's World
Salt Lake Running Company
Southwest Airlines
The Sports Loft
Starbucks Coffee
Target Stores
Trolley Wing Compan
Utah Arts Festival
ZenZoey's Digital Printing
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Notice of Petition for Reinstatement to the Utah State Bar by Frank A. Berardi
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 Frank A. Berardi in In re Frank A. Berardi, Second Judicial
District Court, Civil No. 000903564 on May 7, 2004. 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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Notice of Petition for Reinstatement to the Utah State Bar by Gary W. Pendleton
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 Readmission ("Petition") filed by Gary W. Pendleton in In re Gary W. Pendleton, Fifth Judicial
District Court, Civil No. 040500801 on May 12, 2004. 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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Mailing of Licensing Forms
The licensing forms for 2003-2004 have been mailed. Fees are due July 1, 2004, however fees received or postmarked on or before July 31,
2004 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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2004 Fall Forum Awards
The Board of Bar Commissioners is seeking nominations for the 2004 Fall Forum Awards; Community Member of the Year and Pro Bono Lawyer of
the Year. 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 no later than September 14, 2004 to:
Maud Thurman, Executive Secretary
645 South 200 East, Suite 310
Salt Lake City, UT 84111
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Utah Bar Foundation Announces Grants for 2004-2005
The Utah Bar Foundation is proud to announce grants for the 2004-2005 year in the following amounts:
$20,000 Utah Law-Related Education
$20,000 Legal Aid Society of Salt Lake
$20,000 Utah Legal Services
$15,000 Multi-Cultural Legal Center
$10,000 Disability Law Center
$10,000 DNA People's Legal Services
$5,000 International Rescue Committee
The Utah Bar Foundation is a non-profit charitable
foundation that provides funding for legal services for the poor and for law related education. Our primary source of funding comes from IOLTA (Interest On Lawyers Trust Accounts) funds.
The Utah Bar Foundation is the Utah Supreme Court designated recipient of IOLTA funds. Since 1984 when the IOLTA program was created, the Utah Bar Foundation has granted more than $4.2
million in total awards. The Foundation is governed by seven-member board of trustees, all of whom must be a licensed attorney in the state of Utah in good standing.
For
additional information on the Utah Bar Foundation or the IOLTA program, please visit our website at www.utahbarfoundation.org or call the Foundation office at (801) 297-7046. You can also
visit our display table at the upcoming Sun Valley Convention in July 2004.
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Utah Supreme Court Adopts Rule for Special Admission for Military Lawyers
The Utah Supreme Court has signed into effect Rule 11-303, of the Supreme Court Rules of
Professional Practice-or ELAP-allowing qualified military lawyers who are stationed in Utah, but not licensed to practice law in Utah, to provide free legal services to military personnel
and their dependents. The court approved the new rule under its emergency rule making authority, with an effective date of May 4, 2004.
The American Bar Association is urging
jurisdictions nationwide to adopt an Expanded Legal Assistance Program (ELAP) Rule as a way to help military service members, who are in harm's way, with non-criminal matters.
At
the Supreme Court's request, the Utah State Bar filed a petition with the court on April 2, 2004, to adopt the ELAP Rule. Military lawyers admitted under the rule are prohibited from
representing themselves to be members of the Utah State Bar, and they may not convey the impression that they are licensed to generally practice law in Utah. Representation is primarily
intended to benefit military personnel in enlisted grades E-1 through E-4 and their dependents who are under substantial financial hardship.
"ELAP is a worthy
initiative," said Utah Supreme Court Chief Justice Christine Durham. "Many service members are at an income level that makes hiring an attorney financially impossible, and it
seems the least we can do to help those protecting our nation."
Rule 11-303 is posted on the court's website at www.utcourts.gov/ resources/rules/comments/ for public comment.
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Notice of Approved Amendments to Utah Court Rules
Under its emergency rulemaking authority, the Supreme Court has approved amendments to URCP 62(d). The amendments
are effective May 15, 2004 but subject to further change after the comment period. The comment deadline is July 21.
Summary of proposed amendments: URCP 62. Stay of proceedings to
enforce a judgment. Amend. Strikes from the rule the amendments made by HJR 16.
To see the text of the amendments and to submit comments, go to: http://www.utcourts.gov/resources/rules/approved/
To view the text of the amendments from the web page, click on the
rule number. You will need Adobe Acrobat Reader 6.0, which you can download for free by clicking on the link to Adobe. Proposed rule amendments are also published in the Pacific Reporter
Advance Sheets.
You can comment and view the comments of others by clicking on the "comments" link associated with each body of rules. It's more efficient for us if you
submit comments through the website, and we encourage you to do so. After clicking on the comment link, you will be prompted for your name, which we request, and your email address and
URL, which are optional. This is a public site and, if you do not want to disclose your email address, omit it. Time does not permit us to acknowledge comments, but all will be
considered.
Submit comments directly through the website or to:
Tim Shea
E-mail: tims@email.utcourts.gov (Please include the comment in the message text, not in an attachment.)
Fax: 801-578-3843
Administrative Office of the Courts
P.O. Box 140241
Salt Lake City, Utah 84114-0241
One method of submitting a comment is sufficient.
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