November 2002

Last Update: 19/10/05

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State Bar News

 

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News & Announcements

 

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Commission Highlights
During its regularly scheduled meeting of September 27, 2002, which was held in Salt Lake City, Utah, the Board of Bar Commissioners received the following reports and took the actions indicated.

1. Don Roney of the Continental Insurance Group Malpractice Coverage distributed an underwriting and claim statistics report to the Commission. It was noted that Westport has an eight-year history with the Bar and approximately 50% of all eligible Utah attorneys buy professional liability through Westport.

2. Bryan Benevento was given the Distinguished Committee Award on behalf of the Character and Fitness Committee. John Adams acknowledged the Committee's tireless efforts and expressed the Commission's gratitude.

3. John Adams reported on the Dialogue of Freedom stating that over 800,000 4-page newspaper supplements had been printed and an additional 25,000 were printed in Spanish. To date, over 400 attorneys, 70 legislators, 57 judges, 51 executive branch members, 124 schools and 39,122 students participated in 1,392 presentations.

4. John Adams stated that the AOC has requested that the Bar Commission appoint two members to the Justice Court Standards Committee pursuant to Rule1-205 of the Code of Judicial Administration. The Commissioned moved and seconded to appoint Gus Chin to the committee. The Commission will continue to look for possible nominees in the "outlying" areas of the state for the second appointment.

5. The Commission approved a motion to hire Ilona Kase who had been a Vista volunteer, assisting with the Bar's Pro Bono project, as a part-time employee working with the Needs of the Elderly Committee.

6. The Bar's Executive Committee has chosen Dane Nolan to replace Debra Moore as the Bar's Judicial Council representative.

7. The Commission discussed the appointment to the Federal Rules Committee, stating that every state has a representative on the Committee on Rules of Practice and Procedure of the Judicial Conference of the United States and that Keith Taylor, Utah's representative, had recently tendered his resignation. The Commission will continue to gather names of nominees to fill this position.

8. Nanci Bockelie reported that she is spearheading a project to formulate a relatively brief but useful constitutional law class for legislators. She thinks the approach should be general in nature and the purpose of the class should be limited to raising an awareness of constitutional issues rather than an in depth study of a complicated area of law.

9. James Lee, Chair of the Supreme Court's Ethics and Discipline Committee, and Billy Walker, OPC Senior Disciplinary Counsel, were in attendance to discuss the current status of the attorney discipline system.

10.  The Commission reviewed the appointments to Judicial Nominating Commissions. Two individuals will be appointed by the governor from lists provided by the Bar containing four nominees from the 1st district and six nominees from the 2nd, 3rd and 4th districts. The Commission voted to nominate Miles P. Jensen, Gary N. Anderson, Robert B. Funk and Marty E. Moore from the 1st. District; Daniel R. Cragun, Kristine M. Knowlton, Brad C. Smith and Trystan B. Smith from the 2nd district, where two more names from this district need to be sent to the governor. The 3rd district nominees will be Patricia S. Cassell, Douglas G. Mortensen, Peter Stirba, Steven T. Waterman, Donald J. Winder and Kenneth R. Updegrove. The 4th district nominees are Randy B. Birch, Marilyn Moody Brown, Shelden Carter, Jared W. Eldridge, Robert L. Jeffs and Thomas H. Means.

11.  Rusty Vetter reported on the Bar's survey that he had composed soliciting Bar members' opinions on the Annual Convention from both those who had attended and those who did not attend. He observed that based on member response, a Jackson Lake Annual Convention site would likely meet with much success. John Baldwin said that staff would research both Jackson Lake, Anaheim, and other properties in San Diego and get back to the Commission.

12.  Elaina Maragakis (from Ray Quinney & Nebeker) and staff members joined the Commission for a "thank-you" luncheon to celebrate the success with the Dialogue on Freedom project.

13.  Debra Moore announced that nearly all of the members of the Commission had attended at least one focus group session related to the Delivery of Legal Services Committee project. Debra said that the focus groups' responses were illustrative of consumer perceptions relating to lawyers, the Bar, and the Bar's proposed (legal resource) website. Debra explained that a study recently completed in 2002 concluded that consumers largely believe that they can take care of their legal problems without resorting to the legal system.

14. Rusty Vetter reported that the Utah Supreme Court had approved the Bar's recently submitted MPT (Multistate Performance Testing) petition in time for the February Bar Examination and that preparations are underway to implement the new format. A meeting has been set up on October 23, 2002 pursuant to the court's request to present the MJP Admission Rule (Multijurisdictional Practice) as approved by the Commission.

15.  Gary Sackett reported on the Ethics Advisory Opinion Committee and several recently issued ethics opinions.

16. Debra Moore noted that the annual Bar Leaders Workshop was scheduled for October 2, 2002.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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Public Notice: Appointment of Chapter 13 Standing Trustee
The Office of the United States Trustee is seeking resumes from persons wishing to be considered for appointment as a standing trustee to administer cases filed under chapter 13 of the bankruptcy code. The appointment is for cases filed in the United States Bankruptcy Court for the District of Utah. Standing Trustees receive compensation and expenses pursuant to 28 U.S.C. Section 586. Compensation depends on disbursements. Maximum compensation including benefits is now $149,813 annually. In addition, the trustee operation receives payments for certain necessary and actual expenses.

The minimum qualifications for appointment are set forth in Title 28 of the Code of Federal Regulations at Part 58. To be eligible for appointment, an applicant must possess strong administrative, financial and interpersonal skills. Experience and/or training in management is desirable. Fiduciary experience or familiarity with the bankruptcy area is not mandatory.

A successful applicant will be required to undergo an FBI background check, and must qualify to be bonded. Although standing trustees are not federal employees, appointments are made consistent with federal Equal Opportunity policies, which prohibit discrimination in employment.

Forward resumes to the Office of the United States Trustee, Attn: S. Michele Campbell, 301 North Main, Suite 500, Wichita, Kansas 67202. All resumes should be received on or before October 31, 2002.

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH
Office of the Clerk of Court

- Public Notice -

Appointment of New Magistrate Judge
The United States District Court for the District of Utah seeks applicants for the position of United States magistrate judge for the duty station in St. George. This is a part-time federal judicial officer position with an initial term of appointment for four years, subject to reappointment by the court for successive four-year terms. The appointee will be able to engage in private practice subject to the provisions of the Conflict of Interest Rules for Part-time Magistrate Judges as adopted by the Judicial Conference of the United States, copies of which are available from the Clerk of Court at the address noted below. The duties of the position anticipate a broad range of legal and judicial skills and abilities. The primary duties include administering oaths and affirmations; taking acknowledgments, affidavits, and depositions; issuing criminal complaints, warrants of arrest and summons, conduct initial appearance proceedings, arraigning defendants, accepting pleas, conducting trials, imposing sentences, and accepting forfeitures in petty offenses; and performing such other duties, not inconsistent with law, as authorized and directed by any judge of this court. The duties may entail periodic local travel for the purpose of conducting court.

APPLICATION PROCESS
Application forms and the Conflict of Interest Rules can be viewed online and downloaded from the Court's website at http://www.utd.uscourts.gov or may be obtained during normal working hours from:
 
Markus B. Zimmer, Clerk of Court
United States District Court
150 Frank E. Moss United States Courthouse
350 South Main Street
Salt Lake City, Utah 84101

Applications prepared and submitted as nominations by a party other than the applicant will not be considered. Completed application forms and supporting documentation must be received no later than the close of business on Friday, November 29, 2002. All applications will be kept confidential and will be reviewed only by members of the Merit Selection Panel and the district judges of the Court. The panel's deliberations will remain confidential.

For more information and general qualificaions see http://www.utd.uscourts.gov

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July 2002 Utah State Bar Examination

Joni Dickson Seko, Deputy General Counsel/ Admissions wishes to thank the members of the Bar Examiner, Bar Examiner Review, and Character and Fitness Committees for volunteering their time and effort to assist with the July 2002 Bar Examination. With 299 examinees, it was the largest exam ever given in the Utah.

October 16, 2002 Admissions Ceremony: Congratulations to the successful applicants from the July 2002 Utah State Bar Examination. A joint admissions ceremony to the Utah Supreme Court and the U.S. District Court of Utah was held on Wednesday, October 16, 2002 at 12:00 p.m. in the Grand Ballroom South of the Salt Palace Convention Center. To see the names of passing applicants CLICK HERE.

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2003 Mid-Year Convention Awards

The Board of Bar Commissioners is seeking applications for two Bar awards to be given at the 2003 Mid-Year Convention. These awards honor publicly those whose professionalism, public service, and personal dedication have significantly enhanced the administration of justice, the delivery of legal services, and the improvement of the profession. Award applications 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, January 17, 2003.

1. Dorathy Merrill Brothers Award - For the Advancement of Women in the Legal Profession.

2. Raymond S. Uno Award - For the Advancement of Minorities in the Legal Profession.