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Commission Highlights
During its regularly scheduled meeting of July 13, 2003, which was held in Sun Valley, Idaho the Board of Bar Commissioners received the following
reports and took the actions indicated.
1. John Adams welcomed the commissioners and commissioners-elect and reviewed the schedule of events for the convention.
2. The motion to approve the applicants to sit for the July Bar examination passed unanimously.
3. John Adams indicated that he had requested Rusty Vetter to work with Toby Brown
of the Bar staff to formalize internal and external Bar communications.
4. Discussion was held on H. B. 349 and the need for the Bar to have a consistent message and a formalized
process to get the message out.
5. After discussion of the budget and the grant requests, the Board moved to adopt the proposed budget and to contribute from surplus cash $20,000
to Utah Dispute Resolution, $120,000 to Lawyers Helping Lawyers and $5,000 to the Needs of the Elderly Committee.
6. David Bird reviewed the agenda for the June 23, 2003 Judicial Council meeting.
7. John Adams welcomed the three new commissioners Rob Jeffs, Yvette Diaz and Nate Alder. The
Women Lawyers of Utah, Young Lawyers Division, Minority Bar Association, Legal Assistants Division, the Deans of the J. Reuben Clark and S.J.Quinney Law Schools, the Past President of the
Bar, the Bar's representative to the ABA House of Delegates and the Utah ABA Members' Delegate to the ABA House of Delegates were appointed to positions as ex-officio members of the Bar
Commission.
8. Debra Moore announced that the new Executive Committee would consist of herself, Lowry Snow, George Daines, David Bird, Rusty Vetter and John Baldwin. The Executive
Committee members were approved as bank signatories for the Bar.
9. The Commission recognized retiring commissioners and John Adams with plaques and other mementos.
10. The Commission renewed the contract of Executive Director John Baldwin.
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During its regularly scheduled meeting of August 22, 2003, which was held in Salt Lake City, Utah, the Board of Bar Commissioners received the following reports and took the actions
indicated.
1. A plaque was presented to newly appointed Judge Nolan to acknowledge his many years of valuable service on the Commission.
2. On behalf of the Bar Commission,
Debra Moore presented the Bar's 2003 Community Member Award to Fraser Nelson. The award is designed to recognize a non-lawyer for his or her legally-related community service.
3.
Debra Moore noted that she and John Baldwin had recently met with Governor Leavitt and his Chief of Staff, Rich McKeown, to discuss the Bar's legislative relations, particularly as
applied to H.B. 349.
4. Debra Moore reported on the National Conference of Bar Presidents. One of the topics of great interest was a presentation on the ABA program "Brown v.
Board of Education" which is similar in format to last year's "Dialogue on Freedom". We are scheduled to present the new program next spring in Utah under the direction of
past president John Adams.
5. Debra Moore announced that the Utah Minority Bar Association had adopted a "Pledge to Racial and Ethnic Diversity in Utah Law Firms" and had
asked the Bar to be among the first signatories on the pledge. Yvette Diaz explained that the pledge was designed to increase diversity efforts for minorities in the legal employment
field. She noted that the pledge is a philosophical statement to raise awareness of minority status. Nationwide, minorities constitute approximately 10% of lawyers but in Utah it is about
3%. The motion that the Bar was adopting the policy in its role as an employer, but that it was supportive of the concept for all legal employers in the State of Utah passed without
dissent.
6. Fred Metos was re-appointed to the Utah Sentencing Commission.
7. A discussion was held on the creation of a "Cyberspace Law Section". It was
determined that a better basis on which to make a decision was needed, therefore, additional information will be gathered and John Rees and Art Berger will be invited for further
discussion.
8. Discussion was held on sponsorship of the Fordham Forum on Delivery of Legal Service. Linda Smith, a professor at the U of U, along with a professor at BYU, are
interested in collaborating with the Bar to present a symposium on the issues concerning delivery of legal services to the poor and the middle class.
9. Steve Waterman reviewed the
Admissions Committee recommendations to increase the Bar exam passing threshold. Dean Scott Matheson and Dean Reese Hansen gave their presentation which opposed raising the passing score.
A lengthy discussion followed. The motion to adopt the current passing score of 130 to 133 to be effective for the July 2004 examination and then a year later to 135 to be effective for
the July 2005 examination passed.
10. George Daines reported on developments relating to H.B. 349, including legislative relations. Some of the action items related to H.B. 349 may
have certain costs associated with implementation which need to be reviewed. George will continue to update the Commission on future details.
11. Felshaw King and Steve Owens
reviewed the OPC Ombudsman sub-committee report. A lengthy discussion followed. A vote to adopt items #1 through 4 passed with George Daines abstaining and Rusty Vetter voting nay.
12. Rusty Vetter gave a report on the Bar Communication project. The scope of the report is so broad, Rusty recommended that a sub-committee be appointed to review it and make
recommendations to the Commission by December. Debra Moore said she would supervise formalizing the sub-committee membership list so that the work could proceed.
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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2003 Annual Awards
The Annual Awards of the Utah State Bar are presented by the Board of Bar Commissioners on behalf of the entire Bar membership. Recipients are
selected on the basis of achievement; professional service to clients, the public, courts, and the Bar; and exemplification of the highest standards of professionalism to which all judges
and lawyers aspire. Congratulations to the following 2003 award recipients who received their awards on July 18, 2003 at the Utah State Bar's Annual Convention in Sun Valley, Idaho.
- Jay E. Jensen - Distinguished Lawyer of the Year
- Rodney G. Snow - Distinguished Lawyer of the Year
- Hon. Ronald N. Boyce - Judge of the Year
- Mark C. Alvarez - Pro Bono Lawyer of the Year
- Amy E. Hayes - Young Lawyer of the Year
- Patrick Tan - Young Lawyer of the Year
- Elaina M. Maragakis - Distinguished Service Award
- Justice Leonard H. Russon - Distinguished Service Award
- Gary G. Sackett - Distinguished Service Award
- Needs of the Elderly Committee, Mary Jane Ciccarello, Chair - Distinguished Committee of the Year
- Family Law Section, Stewart P. Ralphs, Chair - Distinguished Section of the Year
- Fraser Nelson - Community Member of the Year
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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 résumé 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 rŽsumŽ indicating your interest to:
Steven J. McCardell, Chairman
Ethics Advisory Opinion Committee
LeBoeuf, Lamb, Greene & MacRae
136 South Main Street, #1000
Salt Lake City, Utah 84101
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Appointments
The Bar appoints or nominates for appointments to various state boards and commissions each year. The following is a listing of positions which will
become vacant in the next twelve months. If you are interested in being considered for one or more of these positions, please send a letter of interest and resume to John C. Baldwin, Utah
State Bar, 645 South 200 East, Salt Lake City, UT 84111 or e-mail john.baldwin@utahbar.org.
Technology Standing Committee
Barbara Polich Jan. 1, 2004
Executive & Judicial Compensation Commission
John T. Nielsen April 1. 2004
Ethics Advisory Committee
Nelson T. Abbott July 1, 2004
Mary C. Corporon July 1, 2004
Hon. Denise P. Lindberg July 1, 2004
Maxwell A. Miller July 1, 2004
Toni M. Sutliff July 1, 2004
Michael D. Wims July 1, 2004
Online Court Assistance Programs
Eric A. Mittelstadt July 1, 2004
Utah Legal Services Board of Directors
Stephen E.W. Hale August 1, 2004
Catherine F. Labatte August 1, 2004
A. Howard Lundgren August 1, 2004
Michael D. Zimmerman August 1, 2004
5th District Trial Court Judicial Nominating Commission
Curtis M. Jensen Sept. 15, 2004
Clifford V. Dunn Sept. 15, 2004
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Utah Minority Bar Association Annual Scholarship Banquet
The Utah Minority Bar Association Annual Scholarship Banquet will be held the evening of Friday, November
21, 2003, at the Law and Justice Center. Cost will be $30 per person and a discount will be provided for groups purchasing tables. Speaker to be announced.
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Proposed Amendments to Utah Court Rules
The Supreme Court and Judicial Council have published for comment proposed amendments to several Utah court rules. The full
text of the rules and amendments can be found at http://www.utcourts.gov/resources/rules/. The comment period expires November 17,
2003. Comments cannot be acknowledged but all will be considered.
Submit written comments to:
Tim Shea, Senior Staff Attorney
Administrative Office of the Courts
P.O. Box 140241- Salt Lake City, Utah 84114-0241
Fax: (801) 578-3843 - e-mail: tims@email.utcourts.gov
Comments by e-mail are preferred. Please include the comment in the message text, not in an attachment.
A summary of these amendments and a link to the full text was
e-mailed to all lawyers with an e-mail address registered with the Utah State Bar. If you did not receive this notice, please contact webmaster@utahbar.org to ensure that your e-mail address is entered into the Utah Bar News e-mail service.
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