March 2002

Article Title

 

What About the Supreme Court’s Advisory Rules Committees?

 

Author

 

Matty Branch

 

Article Type

 

State Bar News

 

Article

 

 

Article VI, Section 4 of the Utah Constitution provides the Supreme Court with the authority to adopt rules of procedure and evidence to be used in the state courts as well as rules governing the practice of law. To assist the Court with these responsibilities, the Court established a Supreme Court Advisory Committee in each of the following areas: civil procedure, criminal procedure, juvenile court procedure, appellate procedure, evidence, and the rules of professional practice.

Since their establishment, the Advisory Rules Committees have provided invaluable assistance to the Bench and Bar by proposing needed amendments to the various rules and by reviewing submitted petitions urging specific rule changes or additions. The Supreme Court strives to have each committee broadly representative of the legal community, and each committee roster currently includes practicing lawyers, academicians, judges, and court personnel. The Supreme Court is also interested in geographic diversity on its committees and urges lawyers who live off the Wasatch Front to apply when vacancies arise. Below are the current membership lists for each of the Advisory Rules Committees.

Vacancies on the committees are announced in the Utah Bar Journal. The notice specifies the committees which have vacancies, the method for submitting applications, and the application deadline. The Supreme Court reviews the applications and appoints those individuals it believes are best suited to serve on the committees. Members are appointed to serve staggered four-year terms. The Chief Justice selects a chair from among the committee's members. Chairs serve a two-year term but may be reappointed for multiple terms in the Court's discretion.

Committees meet at the direction of the chair, on an as-needed basis (usually monthly), to discuss and vote upon proposed rule changes and to prepare written recommendations to the Supreme Court. Several of the committees hold their meetings at noon, others in the late afternoon. Each committee votes upon and finalizes its rule recommendations and committee notes and then submits them to the Administration Office of the Courts. The Administrative Office of the Courts publishes the committee's final recommendations for a 45-day public comment period. At the expiration of the comment period, the Administrative Office of the Courts compiles all of the written comments received and forwards them to the appropriate committee chair. The chair convenes a meeting of the committee for the purpose of reviewing the public comments and discussing and voting upon appropriate modifications to the rules. Once the committee has reviewed the public comments and voted upon final modifications to the proposed rules, it sends a copy of the committee's final proposals, a summary of the public comments, and the committee's recommendations in response to the comments to the Supreme Court. The Supreme Court then considers the committee's proposals and adopts, modifies or rejects those proposals.

The Supreme Court is indebted to the members of its Advisory Rules Committees for the time, effort, and wisdom they contribute, and it extends its sincere thanks and well wishes to all past and present committee members. Bar members who have not considered applying for membership on an Advisory Rules Committee are urged to do so the next time vacancies are announced. Questions or comments regarding the Advisory Rules Committees may be directed to Matty Branch, Appellate Court Administrator, c/o Utah Supreme Court, P. O., Box 140210, Salt Lake City, Utah 84114-0210; telephone number 801-578-3900.

Supreme Court Advisory Board Rules Committees

Civil Procedure
Francis M. Wikstrom, Chair
W. Cullen Battle
Hon. Ronald N. Boyce
Paula Carr
Glen C. Hanni
Hon. Darwin C. Hansen
David K. Isom
Thomas R. Karrenberg
Professor Thomas R. Lee
Perrin R. Love
Hon. K. L. McKiff
Terrie T. McIntosh
Hon. Anthony B. Quinn
Todd M. Shaughnessy
Leslie W. Slaugh
Virginia S. Smith
James R. Soper
Professor Debora L. Threedy
Hon. R. Scott Waterfall
Mary Anne Q. Wood
Timothy M. Shea, Staff

Criminal Procedure
Michael D. Wims, Chair
Mary C. Corporon
Laura B. Dupaix
Hon. Shauna Graves-Robertson
Robert K. Heineman
Hon. Bruce Lubeck
Craig Ludwig
Professor Erik Luna
Steven V. Major
Hon. Sheila McCleve
Vince Meister
John D. O'Connell
Hon. Thomas Willmore
Brent Johnson, Staff

Juvenile Procedure
Carol Verdoia, Chair
Kristen G. Brewer
Jeanette Gibbons
Randy S. Kester
Shirl Don LeBaron
Elizabeth Anne Lindsley
Hon. Frederic M. Oddone
Marty Olsen
Edwin T. Peterson
Hon. Larry A. Steele
Pam Vickery
Paul Wake
Alicia Davis, Staff

Appellate Procedure
Todd A. Utzinger, Chair
David L. Arrington
Julianne R. Blanch
Matty Branch
George Haley
Larry S. Jenkins
G. Fred Metos
Clark R. Nielsen
Hon. Gregory Orme
Karra J. Porter
Fred Voros
Joan C. Watt
Brent Johnson, Staff

Evidence
Ellen Maycock, Chair
Patrick L. Anderson
R. Douglas Credille
Susan M. Denhardt
Joseph T. Dunbeck, Jr.
Edward B. Havas
M. Dayle Jeffs
Hon. Thomas L. Kay
Keith A. Kelly
Professor Edward L. Kimball
Patricia M. Leith
John R. Lund
Brendan P. McCullagh
Thom D. Roberts
Thomas W. Seiler
Clark Waddoups
Robert H. Wilde
David C. Wright
Richard Schwermer, Staff

Professional Conduct
Robert A. Burton, Chair
John A. Beckstead
Gary L. Chrystler
Karma Dixon
Royal I. Hansen
Nayer H. Honarvar
William R. Hyde
Steven G. Johnson
Hon. Ronald E. Nehring
Kent O. Roche
Gary G. Sackett
Paula K. Smith
Billy L. Walker, Ex Officio
Earl Wunderli
Alicia Davis, Staff