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Commission Highlights
During its regularly scheduled meeting of March 11, 2004 which was held in St. George, Utah, the Board of Bar Commissioners received the
following reports and took the actions indicated.
1.
John T. Nielsen commended Debra Moore and George Daines as well as John Baldwin and Richard Dibblee for their diligence in working with this year’s legislature. He also noted that the Bar’s Legislative Affairs Committee puts in many hours scrutinizing new bills affecting lawyers and the legal system. He announced that former Bar President and long-time representative Scott Daniels would not be seeking re-election.
The Bar did not take a formal position on HB 140 (parental rights) and the small claims court legislation (HB 124) initially had a small glitch but was successfully amended to
reflect the Supreme Court’s rulemaking and UPL authority under the state constitution. Amendments in the mandatory medical arbitration (SB 245) area were made with the Bar opposed to
proposed, but not adopted, language by Sen. Blackham and Rep. Urquhart affecting attorney fees in contingent medical malpractice matters. HB 234 repealed the definition of the practice of
law but extended the repeal date for the more general provisions in section 78-9-101 to May of 2007.
2. John Adams discussed aspects of the Brown v. Board of Education project. Approximately 60 law firms are helping to sponsor the project and the Litigation Section had made a very generous contribution as well. The Litigation Section will also be very active in the classroom presentations and the Young Lawyers Division has taken a central role in assisting with the film festival. Although Brown’s anniversary date is May 17th, the formal kick-off (co-sponsored by the Bar and the Task Force on Racial and Ethnic Justice) will take place on April 30th at the Salt Lake City downtown library.
3.
The Utah Attorney Generals Office has requested disclosure of lawyers’ law schools as they wish to form an alumni group. The request has been publicized in various formats asking for lawyer feedback. The response was positive and after further discussion the motion passed without dissent.
4.
Discussion was held on section creation. An initial start-up fund of $500 to demonstrate sufficient serious interest will now be required and the minimum number of active members will be 25. The motion to adopt this new policy passed unanimously.
5. The Bar Commission nominated Mark Nash to the Court Technology Committee.
6.V ickie Kidman, Chair of the UPL Committee, appeared to discuss the recent amendments
that the Committee had made to the proposed rules. A lengthy discussion followed. Proposed revisions will be submitted to the AOC.
7. David Bird reported on various topics at the Judicial Council’s most recent meetings.
8.J ohn Baldwin and Katherine Fox explained that pursuant to the ABA’s request to
state court chief justices, our Court has asked that the Bar submit a special exemption admission rule for certain military lawyers. The motion to approve the proposed rule passed with
none opposed.
9. George Daines reviewed the upcoming retreat and noted that he would like time to discuss Bar finances and legislative relationships.
10. The motion to nominate David Bird and Gus Chin for candidates for President-elect passed unanimously.
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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Bar Commission Selects the “Cover of the Year”
The winner of the Utah Bar Journal Cover of the Year award for 2003 is the October issue, featuring Claret Cup Cactus near Moab, Utah. It is a beautiful photograph taken by Bret B. Hicken of Spanish Fork, Utah. The Cover of the Year was selected by the Utah Bar Commission.
Mr. Hicken is one of 55 attorneys or members of the Paralegal Division of the Utah Bar whose photographs of Utah scenes have appeared on at least one cover since August, 1988.
This is Mr. Hicken’s 14th photograph to be featured on the cover of the Bar Journal. Covers of the year are framed and displayed, along with winners from prior years, on the upper
level of the Law and Justice Center. The editorial board of the Bar Journal welcomes your feedback about the covers.
Congratulations to Mr. Hicken, and thanks to all who have provided photographs for the cover.
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Notice of Proposed Amendments to Utah Court Rules
The Supreme Court invites comments to proposed amendments to the Utah Rules of Civil Procedure. The comment
period expires June 1, 2004.
Highlights of proposed amendments:
URCP 47. Jurors. Conforms rule regulating conversing with jurors to caselaw.
URCP 63.
Disability or disqualification of a judge. Advises the judge regarding voluntary recusal upon remand after reversal.
URCP 64, 64A, 64B, 64C, 64D, 64F, 66, 69, 69A, 69B, 69C.
Rules regulating writs for the seizure of property completely rewritten. Substantial reorganization. Substantial changes to procedures.
To see proposed rule amendments and submit comments, refer to: http://www.utcourts.gov/resources/rules/comments/
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
Administrative Office of the Courts
P.O. Box 140241
Salt Lake City, Utah Ê84114-0241
Fax: 801-578-3843
Email: tims@email.utcourts.gov (Please include the comment in the message text, not in an attachment.)
One method of submitting a comment is sufficient.
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Mailing of Licensing Forms
The licensing forms for 2004-05 are scheduled to be mailed during the last week of May and the first week of June. Fees are due July 1,
2004; however fees received or postmarked on or before August 1, 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 or late fees.
Failure to make timely payment will result in an administrative suspension for non-payment after the deadline. 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 information, 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, or e-mail the corrections to abirrell@uathbar.org.
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Request for Comment on Proposed Bar Budget
The Bar staff and officers are currently preparing a proposed budget for the fiscal year which begins July 1, 2004 and ends
June 30, 2005. The process being followed includes review by the Commission’s Executive Committee and the Bar’s Budget & Finance Committee, prior to adoption of the final budget by
the Bar Commission at its June 4, 2004 meeting.
The Commission is interested in assuring that the process includes as much feedback by as many members as possible. A copy of the
proposed budget, in its most current permutation, will be available for inspection and comment at the Law & Justice Center. You may pick up a copy from the receptionist.
Please call or write John Baldwin at the Bar office with your questions or comments.
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May is Declared “Elder Law Month”
Governor Olene Walker has declared May as Elder Law Month. (The text of that declaration appears below.) Also, the National
Academy of Elder Law Attorneys (NAELA) has designated the month of May as National Elder Law Month.
With the rapid increase in the number of older Utahns, the need for Elder Law
Attorneys is growing. Elder Law Attorneys deal with a wide range of matters, including estate issues, guardianships, conservatorships, financial exploitation, Medicare, Medicaid, Social
Security, protecting and recovering assets, etc.
Declaration
Whereas, Elder Law is an important growing area of legal practice in Utah as the percentage of older Utahns
increases; and
Whereas, the quality of life for older Utahns is important to all Utah families who are concerned about the welfare of their aging spouses, parents, grandparents,
aunts, uncles, friends and neighbors; and
Whereas, the National Academy of Elder Law Attorneys has designated the month of May as “National Elder Law Month;” and
Whereas, we
value the protection of our elderly population, their autonomy, financial security, physical safety and peace of mind;
Now, Therefore, I, Olene S. Walker , Governor of the state of
Utah, do hereby declare May 2004 as Elder Law Month in Utah.
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American College of Trial Lawyers Announce New Utah Fellows
The Utah Fellows of the American College of Trial Lawyers are proud to announce that Dennis Ferguson,
Lisa Remal, and David Williams have been inducted into the College.
The American College of Trial Lawyers strives to improve the standards of trial practice, the administration of
justice and the ethics, civility, and collegiality of the trial profession. Invitation to Fellowship is extended only after careful investigation to those experienced trial lawyers who
have mastered the art of advocacy and whose professional careers have been marked by the highest standards of ethical conduct, professionalism, civility, and collegiality.
Lawyers
must have a minimum of fifteen yearsÕ trial experience before they can be considered for Fellowship and membership in the College cannot exceed 1% of the total lawyer population of any
state.
The Utah Fellows of the College congratulate Dennis Ferguson, Lisa Remal, and David Williams, and welcome them to the Fellowship.
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