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Commission Highlights
During its regularly scheduled meeting of January 23, 2004, which was held in Salt Lake City, Utah, the Board of Bar Commissioners received the
following reports and took the actions indicated.
1.
Debra Moore reported that both sessions of the recent Fordham Forum were well attended and she received a good deal of positive feedback. Part of the discussion focused on the statewide plan where the Bar will take a leadership role in moving forward on access to justice and improving the legal system.
2.
John Baldwin reviewed the Bar President's and Commission's election deadlines. Nominations for Bar President are due by March 1st and the Commission chooses the candidates at the March 11th meeting. There are three vacancies in the Third Division and an opening in the Second Division. Petitions are due by March 1st in order to run for those positions. All ballots are counted on June 2nd at the Bar offices.
3.
Debra Moore reviewed the calendar and noted that in conjunction with the Mid-Year Convention, lunch with the Southern Utah Bar association would be held at noon at the Dixie Center in St. George and the Commission meeting would begin at 1:00 p.m.
4.
Debra Moore reviewed Rep. Urquhart's previous agreement with the Bar that included exploring the feasibility of uncompensated persons giving legal advice with emphasis on family members and ecclesiastical leaders.
5.
Debra Moore reviewed the legislative issues, HB 349 Repeal, Small Claims Task Force Report and Delivery of Legal Service Initiatives. Debra reported that she had last met with Rep. Urquhart last Friday and discussed the Bar's agreement with him. Debra suggested that they issue a joint statement to repeal the May 2004 definition of the practice of law statute in light of the Bar's efforts in fulfilling its obligations. George Daines and Debra distributed copies of the Small Claims Task Force Report to the Bar Commission. George said that the report was not final but that a final version would be issued in the very near future. George discussed Recommendations/Findings #3 (allowing uncompensated non-lawyers in small claims court) and #4 (no change in current rules governing business entities by employees) in further detail and noted that #5 (no change in the current discovery process) and #6 (no change in current de novo appeal process) had some additional implications vis a vis proposed Rule 6.1. It was noted that it should be emphasized that we are trying to provide legal assistance to the middle class with these recommendations.
6.
Steve McCardell, new chair of the Ethics Advisory Opinion Committee, discussed some changes that the Commission previously discussed but needed to be ratified. He explained that the Committee operated under two different but related sets of rules: (a) rules which govern the Committee's internal procedures ("Rules of Procedure"); and (b) the Bar Commission's rules ("USB Rules Governing the Ethics Advisory Opinion Committee"). It was moved and seconded to adopt the changes as had previously been discussed. The motion passed without dissent.
7.
John Baldwin announced that we needed to begin the process to finalize the candidates for the Bar's new Professionalism Award (Given to a lawyer whose actions and deportment represent the highest standards of fairness, integrity and civility.") Debra reminded the Commissioners that an award from each Commission Division would be given this year only and that subsequently, only one award would be bestowed.
8.
Copies of the Bar's Policies and Procedures governing the creation of sections to accompany the proposed amendments to the policies and procedures in the packet materials were distributed. It was noted that several sections, including animal rights, had been proposed. Lowry Snow reported that his group's recommendations included requiring a written application with established criteria, that at least 25 Bar members indicated interest in forming a new section, that submission of by-laws could be deferred for three months from date of Board approval and that periodic section reports be submitted to the Board. Discussion followed and the proposed amendments will be submitted to sections for feedback.
9.
David Hamilton, Chair of the Client Security Fund Committee appeared before the Commission to discuss the most recent requests for the Client Security Fund claims. He noted that the Committee was asking for $52,000 but that approximately $48,000 was due to one disbarred attorney. The motion to approve the claims as stated passed unopposed.
10. David Bird reported on the Judicial Council, stating that the JCC audit was issued and the appointment had been made to replace Gayle Mckeachnie. David stated that one
important issue on the JCC agenda was a discussion on the timing of long term disability benefits for judges. Dave reported that the West Jordan Courthouse facility plans are moving
forward as well as progress on the judiciary's budget.
11. Debra Moore wanted to update the Commission on the recent Government Relations issues: (a) Lien recovery HB 62;
(b) Notary SB 102; and (c) two hate crimes bills. Discussion followed and David Bird suggesting that the Commission take time to more thoroughly explore the issues and available
information before taking a position. The motion passed unopposed that the Bar endorsed hate crimes legislation in general and that the Bar favors neither bill.
12. John
Baldwin reviewed the Commission's previous discussion of Bar finances and the current budget picture. John gave recommendations for continuing to balance the budget in lieu of increasing
licensing fees.
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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Utah Bar Foundation Seeks Trustee Nominees
The Utah Bar Foundation is governed by a seven-member board of trustees all of whom are members of the Utah State Bar
Association. The Utah Bar Foundation is an organization separate from the Utah State Bar Association. Two Foundation trustees have terms expiring on June 30, 2004. Pursuant to the bylaws
of the Foundation, trustees are selected by Bar membership. Both trustees have expressed an interest in serving another term and will be automatically nominated for the ballot. In
accordance with the by-laws, any licensed attorney, in good standing with the Utah State Bar may be nominated to serve a three-year term on the board of the Foundation. If you are
interested in nominating yourself or someone else, you must fill out a nomination form and obtain the signature of twenty-five licensed attorneys in good standing with the Utah State Bar.
Nomination forms may be obtained from the Foundation's website at http://www.utahbarfoundation.org/html/downloadable_ forms.html or by calling the Foundation office at (801)
297-7046. If there are more nominations made than openings available, a ballot will be mailed to each member of the Utah State Bar for a vote. Nomination forms must be received in the
Foundation office no later than April 30, 2004.
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Notice of Legislative Rebate
Bar policies and procedures provide that any member may receive a proportionate dues rebate for legislative related expenditures by
notifying the Executive Director, John C. Baldwin, 645 South 200 East, Salt Lake City, UT 84111.
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2004 Convention Awards
The Board of Bar Commissioners is seeking nominations for the 2004 Convention Awards, Judge of the Year, Lawyer of the Year and
Section/Committee 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 to Maud Thurman, Executive Secretary,
645 South 200 East, Suite 310, Salt Lake City, UT 84111, no later than Friday, April 23, 2004.
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Notice of Ethics & Discipline Committee Vacancies
The Bar is seeking interested volunteers to fill two vacancies on the Ethics & Discipline Committee of
the Utah Supreme Court. The Ethics & Discipline Committee is divided into four panels which hear informal complaints charging unethical or unprofessional conduct against members of
the Bar and determine whether or not informal disciplinary action should result from the complaint or whether a formal complaint shall be filed in district court against the respondent
attorney. Appointments to the Ethics & Discipline Committee are made by the Utah Supreme Court upon recommendations of the Chair of the Ethics and Discipline Committee. Please send
resume to Lawrence E. Stevens, Chair of the Ethics and Discipline Committee, Parsons Behle & Latimer, 201 South Main Street, #1800, Salt Lake City, UT 84145-0898 no later than May 1,
2004.
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Ethics Advisory Opinion Committee Seeks Applicants
The Utah State Bar is currently accepting applications to fill a vacancy on the 14-member Ethics Advisory
Opinion Committee. Lawyers who have an interest in the Bar's ongoing efforts to resolve ethical issues are encouraged to apply.
The charge of the Committee is to prepare and issue
formal written opinions concerning the ethical issues that face Utah lawyers. Because the written opinions of the Committee have major and enduring significance to members of the Bar and
the general public, the Bar solicits the participation of lawyers who can make a significant commitment to the goals of the Committee and the Bar.
If you are interested in serving
on the Ethics Advisory Opinion Committee, please submit an application with the following information, either in resumŽ or narrative form:
- Basic information, such as years and location of practice, type of practice (large firm, solo, corporate, government, etc.) and substantive areas of practice.
- A brief description of your interest in the Committee, including relevant experience, ability and commitment to contribute to well-written, well-researched opinions.
Appointments will be made to maintain a Committee that:
- Is dedicated to carrying out its responsibility to consider ethical questions in a timely manner and issue well-reasoned and articulate opinions.
- Includes lawyers with diverse views, experience and background. If you want to contribute to this important function of the Bar, please submit a letter and resumé indicating your
interest to:
Steven J. McCardell
Ethics Advisory Opinion
Leboeuf, Lamb, Greene & MacRae
136 South Main Street, #1000
Salt Lake City, UT 84107
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