Notice of Proposed Amendment to Utah Court Rules

The Utah Supreme Court invite comments to the following proposed amendment to court rules. The comment period expires February 2, 2015.

Summary of proposed amendments

URCP 056. Summary judgment. Amend. Moves the special requirements for motions for summary judgment from Rule 7 to Rule 56. Conforms more closely to FRCP 56, but retains the requirement under Utah law that the party with the burden of proof on an issue must meet its initial burden to present materials in the record establishing that no genuine issue of material fact exists and that the party with the burden of proof is entitled to judgment as a matter of law.
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Notice of Proposed Amendments to Utah Court Rules

The Utah Judicial Council and the Utah Supreme Court invite comments to the following proposed amendments to court rules. The comment period expires January 16, 2015.

Summary of proposed amendments

Code of Judicial Administration

CJA 01-0205. Standing and ad hoc committees. Amend. Reauthorizes numerous Judicial Council standing committees. Adds a representative from the Self-Help Center to the Committee on Resources for Self-represented Parties.
CJA 11-0101. Creation and Composition of Advisory Committees. Amend. Provides for appointment of mid-term committee vacancies in the same manner as an end-of-term vacancy. Changes the circumstances for reappointment for more than two terms.
11-0301. Utah Standards of Judicial Professionalism and Civility. New. Establishes standards of professionalism and civility for Utah judges.
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Notice of Proposed Amendments to Utah Court Rules

The Utah Supreme Court and Utah Judicial Council invite comments to the following proposed amendments to court rules. The comment period expires December 16, 2014.

Summary of proposed amendments

Rules of Juvenile Procedure

URJP 002. Applicability of Rules of Civil Procedure and Criminal Procedure. Amend. Amends the rule to replace the term “permanent deprivation of parental rights” with “termination of parental rights.”
URJP 023A. Hearing on conditions of Section 78A-6-702; bind over to district court. Amend. Amends the rule to comport with statutory changes to 78A-6-702 enacted following the 2014 legislative general session. This rule is receiving a second comment period to correct the failure to strike a clause in paragraph (e) prior to sending the rule out for comment.
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Notice of Approved Amendments to Utah Court Rules

The Utah Judicial Council has approved amendments to the following court rules. The amendments are effective November 1, 2014, unless otherwise noted.

Summary of approved amendments 

 CJA 01-0205. Standing and ad hoc committees. Amend. Makes the Committee on Model Utah Civil Jury Instructions and the Committee on Model Utah Criminal Jury Instructions standing committees of the Judicial Council. Outlines the membership makeup of each committee. Makes technical corrections. Effective October 27, 2014 under rule 2-205 of the Utah Code of Judicial Administration. Subject to change after the comment period.

CJA 04-0405. Juror and witness fees and expenses. Amend. Makes an attorney issuing the subpoena responsible for reimbursing a civil witness for necessary and reasonable parking expenses as required by statute.
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Former Utah Bar President Lori Nelson Appointed Chair of ABA Family Law Section

SOURCE: http://utahpulse.com/index.php/features/business/1238-jones-waldo-s-lori-nelson-appointed-chair-of-american-bar-association-family-law-section

Jones Waldo’s Lori Nelson Appointed Chair of  American Bar Association Family Law Section

on .

Former Utah Bar President Lori Nelson

Former Utah Bar President Lori Nelson

Lori W. Nelson, a veteran litigator with Salt Lake City-based Jones Waldo, was sworn in last month as the incoming chair of the American Bar Association Family Law Section.

In this role, Nelson will oversee the association’s governing body  and more than 10,000 lawyers, associates and student members throughout the world.

Nelson, a Driggs, Idaho native, has practiced domestic law with Jones Waldo for the last eight years. While with the firm, Nelson has held leadership positions on the Jones Waldo board of directors, and is the group leader of the firm’s Domestic and Family Law practice group.
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SJQuinney Law School: An Interview with Utah Bar President James Gilson

Source: http://www.law.utah.edu/news/be-diligent-have-courage-be-a-good-listener-an-interview-with-utah-bar-president-james-gilson/ - Posted on 

James Gilson, ’89, is the current president of the Utah State Bar. In the interview below, he describes the bar’s current activities, reflects on how legal education has changed in the past 25 years, and offers practical advice to young attorneys, including the importance of putting the client’s best interests first.

What inspired you to run for office?  

Time will tell if it was an inspired or a bad idea, but so far so good!  Throughout my career I have enjoyed being involved in pro bono and other volunteer community work to help me keep grounded in my practice–to keep perspective on what’s really important.  I’ve found that interacting with other lawyers on Bar or other community matters on a win/win, non-adversarial basis provides satisfaction and hopefully we’ve done some good.  Bar service is a good anecdote to becoming cynical.  Back in 2008, there were two openings on the Bar Commission and I decided to run for one of the seats.  After being on the Commission for five years, and realizing I was one of the more senior members, I decided it was my turn to step up to the plate as President.  No one opposed me in that election.  I like to think that I won by acclamation, but it probably was more by default.
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e.Bulletin for January 2014

MESSAGE FROM PRESIDENT CURTIS M JENSEN

commissioner_Jensen_CurtisOn behalf of the Utah State Bar Board of Commissioners and all members of the Utah State Bar, I want to extend a personal thanks to the following for their wonderful expertise and resources, diligent efforts, and assistance in recommending the new Association Management and Database Migration System for the Bar: The Honorable David O. Nuffer, United States District Court for the District of Utah; Ron Bowmaster, CIO of the Utah State Courts; David Clark, CIO at Kirton McConkie; Douglas French, CIO at Ray Quinney & Nebeker; and Lincoln Mead, I.T. Director, Utah State Bar. The Commissioners have been studying this issue for a couple of years. A committee was thereafter formed to make final review and recommendations once the Commissioners received word from the Bar’s current database provider that it would no longer be providing such services after the spring of 2014. After receiving the recommendation of the committee for three new software packages for admissions, the OPC, and membership, the Commissioners and staff have accepted the committee’s recommendation. We were especially pleased that there was neutral budget impact when looking at the seven-plus-year life of the new software vs. old. I believe we have made the proper choice and will be acquiring the best system to enhance and benefit our members for years to come.

We’re getting good feedback on our Group Benefits Program listed under Site Highlights at www.utahbar.org. These new benefits are available at no cost to you and your families (or to the Bar), providing discounts for hundreds of local and national brands, stores, programs, and services. New vendors added in the past month are: Avis Car Sales, Good Sam Ventures, 2 Degrees Food, eKnowledge, University of Colorado Boulder, Eve’s Addiction, Red Cross Wellness Program, ThinkOps, Luggage Designers, Kollege Town Sports, OGIO, and AV Law. Please suggest additional products or services (see Nominations in lower left).

We are creating a new page on our website for members to provide perspectives on current legal issues as a public service. Please send any submissions to communications@utahbar.org and include: title, firm, publication date, synopsis for a non-lawyer reader (150 word max), and link to full article (required).

We would like to acknowledge our members who have remained in the legislature this year, helping draft statutes that pass constitutional muster and avoid ambiguity. The lawyer legislators in the House are: Patrice M. Arent, LaVar Christensen, Brian M. Greene, Craig Hall, Kenneth R. Ivory, Michael S. Kennedy, Brian S. King, Daniel McCay, Kay L. McIff, Mike K. McKell, Merrill F. Nelson, Kraig J. Powell, V. Lowry Snow, Keven J. Stratton, and Earl D. Tanner. The lawyer legislators in the Senate are: Lyle W. Hillyard, Mark B. Madsen, Stephen H. Urquhart, John L. Valentine, and Todd Weiler. Please see photos and brief bios in the Jan/Feb Bar Journal. Also thanks to our Governmental Relations Committee, co-chaired by John H. Bogart and Paxton R. Guymon, which monitors legislation for appropriate Bar input.

Volunteers are needed for the West Jordan Middle School We the People program. Attorneys will judge student speeches this Wednesday, January 15. If you can help, please contact krista.gibbons@jordandistrict.org.

The Board of Bar Commissioners is seeking nominations for the Dorathy Merrill Brothers Award for the advancement of women in the legal profession and the Raymond S. Uno Award for the advancement of minorities in the legal profession.

Nominations need to be submitted in writing to adminasst@utahbar.org by Monday, January 20. You can also write to Christy Abad, Executive Secretary, 645 South 200 East, Suite 310, Salt Lake City UT 84111 or fax to 801-531-0660. See past award recipients here.

January & February News

  • Dr. Martin Luther King Jr. Memorial Luncheon
  • January & February Continuing Legal Education
  • Spring Convention Schedule
  • Even Year Mandatory CLE Reporting Cycle
  • Thank You For Another Successful Food & Clothing Drive

Justice Christine Durham will receive the Rosa Parks Award at the NAACP Dr. Martin Luther King Jr. Memorial Luncheon at noon on Monday, January 20, 2014 at the Grand America Hotel. For details and reservations, please visit their site.

January & February Continuing Legal Education—See the Bar’s numerous section luncheons and CLE seminars including:

Law Night at Pioneer Theatre Company – Can You Handle the Truth?—Thursday, January 23

  • 5:30 to 5:45 Registration, S.J. Quinney College of Law Moot Courtroom
  • 5:45 to 6:45 Pre-performance Program/CLE with panel moderator James Holbrook and panelists Lyn Creswell, South Salt Lake City Attorney, George M. Haley, Holland and Hart, Linda Smith, S.J. Quinney College of Law, Clinical Program
  • 6:45 to 7:15 Light Buffet Reception
  • 7:30 A Few Good Men, Pioneer Memorial Theatre
  • Register by January 20 here.

Bar Day at the Legislature—Tuesday, February 18, 9:00 am to 12:15 pm The Utah State Bar is presenting its Annual Bar Day at the Legislature CLE at the State Office Building Auditorium. Previous topics have included issues facing the state government, Utah’s financial environment, the legislative process, and communication with legislators. The event is approved for 3 hours of CLE. Early registration will be $50 through Sunday, February 16; then it will be $75. Attendance is limited to the first 100 registrants; register here.

Spring Convention in St. George March 13-15—Schedule hot off the press in the Jan/Feb Bar Journal and online here. Mark the dates for the Annual Convention in Snowmass, July 16-19, and the Fall Forum in Salt Lake City, November 20-21.

Even Year Mandatory CLE (MCLE) Reporting Cycle (7/1/12 to 6/30/14)—Active Status Lawyers complying in 2014 need to complete a minimum of 24 hours of approved CLE, including at least three hours of accredited ethics, with one of the three in professionalism and civility. A minimum of twelve hours must be earned by attending live CLE presentations. A Certificate of Compliance needs to be submitted by July 31. Downloadable MCLE forms can be found online here. If you have questions, please visit www.utahbar.org/mcle or contact MCLE Director, sydnie.kuhre@utahbar.org, 801-297-7035 or MCLE Assistant, ryan.rapier@utahbar.org, 801-297-7034.

2013 Food & Clothing Drive—The 24th Annual Food and Clothing Drive was one of our best ever. In addition to a 30 foot long truck full of food, clothing, toys and various other useful items, we collected over $3,600 in checks to various organizations that we supported as outlined in the flyer, we also contributed 150 five pound hams with all of the trimmings for a complete dinner for 150 families. The donated food and clothing was all sorted over the weekend of December 20, 2013, and distributed to families and individuals on the morning of December 24, 2013. Your participation was very generous and appreciated. Thank You. ~ Leonard and Lincoln

Survey Shows High Level Of Public Trust And Confidence In Utah’s Courts

Salt Lake City, Utah—The public’s trust and confidence in the Utah State Courts remains high, according to results from a survey commissioned by the Utah Judicial Council this past summer. Survey results show that 81 percent of respondents rank Utah’s court system as good to excellent, compared to 78 percent in a 2006 survey.

The Judicial Council commissioned the survey to determine the public’s level of trust and confidence in Utah’s court system and to compare the results to the 2006 survey. The survey measured the public’s knowledge, experience, and expectations of the courts.

When comparing the 2012 survey results to 2006, the most notable changes were in how the public learns about the courts. For example, while TV news programs were listed as a frequent source of information, reliance on the Internet increased dramatically over the past six years from 22 percent to 51 percent. The survey found that 60 percent of citizens—under the age of 45—rely on the Internet for court information, often or sometimes.
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The 1st Annual Fittest Lawyer in Utah Competition

The 1st Annual Fittest Lawyer in Utah Competition was held Saturday, October 27. The event, co-sponsored by the Anne Stirba Cancer Foundation and Salt Lake City CrossFit, raised $1,000 for the Huntsman Cancer Institute. Everyone enjoyed the successful event. The tradition will continue with the 2nd Annual Fittest Lawyer in Utah Competition tentatively scheduled for Saturday April 27th.

Winners of the Men’s Division: 1st place: Jack Nelson, 2nd place: David Garbett, 3rd place: Ryan Atkinson

Winners of the Women’s Division: 1st place: Meghan Sheridan, 2nd place: Elise Reinert, 3rd place: Artemis Vamianakis

Winner of the Master’s division: 1st place: Josh Petterman, 2nd place: Chad Shattuck, 3rd place: Robert Eder
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Researching the Servicemembers Civil Relief Act

by Mari Cheney
If you are a civil attorney in Utah, you may have already encountered
the Servicemembers Civil Relief Act (SCRA), see 50 U.S.C. app. §§
501-96, if your client, opposing party, or a third party to your
case is on active duty in the military or is otherwise affected by
the SRCA. If you are new to the SCRA, this article will provide
information about the basic provisions of the SRCA and secondary
sources that provide detailed analysis and sample forms.

In 1941, a Salt Lake attorney outlined the important aspect of
the Soldiers’ and Sailors’ Civil Relief Act of 1940 (SSCRA) (the
predecessor of the SCRA) in two Utah Bar Bulletin articles. See
D. Ray Owen, Jr., The Soldiers’ and Sailors’ Civil Relief Act of
1940, 11 Utah B. Bull 1 (Jan.-Feb. 1941) and The Soldiers’ and
Sailors’ Civil Relief Act of 1940 Part II, 11 Utah B. Bull 35 (Mar.-Apr.,
1941). Owen detailed case law that attempted to resolve problems
within the SSCRA, as well as application and scope.
Additionally, another article examining the SSCRA was published
after Operation Desert Storm began in 1991. See Kevin R. Anderson
& David K. Armstrong, Soldiers’ and Sailors’ Civil Relief Act: A Legal
Shield for Military Personnel, Utah B.J., (Apr. 1991), at 8. The
authors highlighted important provisions in the SSCRA and
recent amendments.
Below is a list of those important provisions as updated by the SCRA
as well as citations to pertinent U.S. Supreme Court, Tenth Circuit
Appellate, and Utah cases decided since 1991. See Servicemembers
Civil Relief Act, 50 U.S.C. app. §§ 501-96 et seq. (updating and
renaming the Soldiers’ and Sailors’ Civil Relief Act).
Section 502: Purpose – Temporary Stay
Provides for a temporary stay in both judicial and administrative
proceedings where servicemembers’ civil rights may be
adversely affected. See id. § 502.

Section 511: Persons Benefited or Protected

Defines protections and benefits for men and women in “uniformed
services,” which include the armed forces and the commissioned
corps of both the National Oceanic and Atmospheric Administration
and the Public Health Service. See 10 U.S.C. §101. Besides active
duty servicemembers, in some instances the SCRA also protects
members of the National Guard called to active service and
reserve members of a uniformed service. See also 50 U.S.C.
App. § 516. Dependents – including spouses and children –
also benefit in some cases. See United States v. Hampshire,
95 F.3d 999 (10th Cir. 1996) (holding that defendant was not
entitled to protections of the SSCRA when he went AWOL from
the military because he was not longer on active duty as defined
by this section).

Section 517: Waiver of Rights

Describes how and when a servicemember may waive the
SCRA’s protections, including what waivers must be in writing.
See 50 U.S.C. app. § 517.

Section 518: Future Financial Transactions

Discusses when a stay cannot be the sole basis for creditors to
deny or revoke credit or change the terms in a credit agreement.
See id. § 518.
Section 519: Legal Representatives
Defines the legal representative of the servicemember as either
the member’s attorney or a person with power of attorney. See
id. § 519.
Section 521: Default Judgments (Includes Child Custody
Proceedings)
Requires the plaintiff to file a military service affidavit stating
whether plaintiff has determined if a defendant is in military
service. See id. § 521 (b)(1)(A). If the defendant is in military
service, the court cannot enter judgment until the court appoints
legal representation. See id. § 521 (b)(2). Additionally, the
court shall grant a minimum 90-day stay if the court finds that
there is a defense and the defendant needs to be present, or
counsel cannot locate the servicemember or determine if there
is a meritorious defense in the case. See id. § 521 (4)(d).
Also provides that the servicemember may ask the court to reopen a
case where default judgment was entered during military service
or within 60 days after termination of military service where (a)
the military service materially affected the servicemember’s ability
to defend herself, and (b) that a meritorious or legal defense
exists. See id. § 521 (4)(g)(1). This application to reopen a
case must be made within 90 days after termination of military
service. See id. § 521 (4)(g)(2).
Section 522: Stay of Proceedings (Includes Child Custody
Proceedings)
Applies to servicemembers during military service or within 90
days after termination of military service where the servicemember
has received notice of proceeding. See id. § 522 (a). Prior
to a final judgment, the court shall stay the proceedings upon
application by the servicemember where the servicemember
provides (1) communication that details how current military
status materially affects his or her ability to appear in court and
the date he or she will be available to appear and (2) communication
from the servicemember’s commanding officer verifying current
military status and that the servicemember is not authorized for
leave. See id. § 522 (b); see also Turner v. A. Passmore & Sons,
Turner v. A. Passmore & Sons, Inc., 2009 U.S. App. LEXIS 17876
(10th Cir. Okla. Aug 4, 2009), (noting that a when a stay is granted
under this section, “justice is best serviced by construing this
court’s stay order as having suspended all deadlines applicable
to the appeal, including the cross-appeal deadline”).
Also provides for application of additional stay and appointment of
counsel if the court refuses to grant additional stay. See Garramone v.
Romo, 94 F.3d 1446 (10th Cir. 1996) (declining to extend
protections of this section where petitioner failed to request a stay);
Davis v. Davis, 2001 UT App 225, 29 P.3d 676 (noting that final
adjudication of child custody was stayed pursuant to the SSCRA).
Section 526: Tolling of Statutes of Limitations
Dictates that military service may not be used in computing time
for statutes of limitations including redemption of real property.
See 50 U.S.C. app. § 526 (a); see also Conroy v. Aniskoff, 507
U.S. 511 (1993) (detailing the legislative history of the SSCRA
and holding that the plain language of this section makes it
clear that a servicemember’s military service should not be
included in calculating time as it relates to the redemption of
real property); Hamner v. BMY Combat Sys., 79 F.3d 1156,
(10th Cir. 1996) (agreeing with prior decision that states “the
[SSCRA] bars any period of military service from being included
in computing a statute of limitations for or against a person in
the military service.”)
Section 527: Maximum Rate of Interest on Debts
Pertains to debt incurred prior to military service: that no debt
should incur more than 6% interest during military service and
one year after for mortgages and trust deeds. See 50 U.S.C. app.
§ 527 (a)(1).
Section 531: Eviction and Distress
Protects servicemembers from eviction during military service if
the premises were intended to be occupied primarily as a residence
and monthly rent does not exceed $2,932.31. See 74 Fed. Reg.
8068 (Feb. 23, 2009), available at http://www.gpo.gov/fdsys/
pkg/FR-2009-02-23/pdf/E9-3703.pdf.

Section 533: Mortgages and Trust Deeds

Prohibits the sale, foreclosure, or seizure of property owned
prior to military service where the sale, foreclosure, or seizure
occurs during military service or within nine months after
unless approved by court order or the servicemember has
waived rights under section 517. See 50 U.S.C. app. § 533 (c).
Section 535: Termination of Leases
Covers both residential and motor vehicle leases, see id. § 535 (b),
and allows the lessee to terminate a lease after the beginning of
military service or the date of military orders, see id. § 535 (a)(1).
Section 593: Professional Liability Protection
Applies to servicemembers who were health care, legal, or
other professionals prior to being ordered to active duty. See
id. § 593 (a). The servicemember may apply for a suspension
of coverage and insurance providers cannot require premium
payments during that time. See id. § 593(b).
Section 595: Residency
Guarantees residence or domicile for voting purposes. See id.
§ 595; Fox v. Mandelbaum, 16 F.3d 416, (10th Cir. 1994)
(remanding to lower court to make a determination about diversity
jurisdiction based on plaintiff’s statement about his domicile
and residence during military service); 50 U.S.C. app. § 571,
Residence for Tax Purposes; Fatt v. Utah State Tax Commission,
884 P.2d 1233 (holding that “persons entering the service carry
with them the same tax immunity which they previously enjoyed
in their home state”).
Utah Law
It is also important to note that in Utah, the legislature during the
2009 legislative session enacted Utah Code section 30-3-40, Custody
and parent-time when one parent is a service member, during
the 2009 legislative session. The new law provides guidelines for
both custodial and noncustodial parents who are servicemembers
where no parenting plan or other agreement is in place to provide
for the care of children in the servicemember’s absence.
For example, if the noncustodial parent is deployed, the servicemember’s
parent time may still be exercised through a family
member “with a close and substantial relationship” with the
child. See Utah Code Ann. § 30-3-40(2)(b). If the custodial parent
is deployed and the noncustodial parent will not make arrangements
for care, the custodial parent can make arrangements for
childcare while deployed but the care must not interfere with the
noncustodial parent’s parent time. See id. § 30-3-40(2)(a)(ii).

Secondary Sources

There are a variety of general and subject-specific secondary
sources related to the SCRA that provide more information
about the SCRA as well as sample language to include in forms.
Some of this information can be found online.
American Bar Association, The Judge Advocate General’s
School Guide to the Servicemembers Civil Relief Act (2007).
Excellent and brief guide to the SCRA that includes analysis of general
provisions, procedural protections, and specific explanations of
taxation and voting rights and financial protections. Also includes
analysis of SCRA’s specific provisions on evictions, leases,
installment contracts, and mortgages. Each section provides
citations to pertinent case law. The authors also highlight terms
that may be ambiguous, as the terms have been interpreted in
various ways in different jurisdictions.
Contains a sample letter to a creditor asking for a reduction in
interest to 6% (Appendix B).
A similar guide – dated one year earlier – is available online at

http://www.servicemembers.gov/documents/jag_article.pdf.

R. Chuck Mason, The Servicemembers Civil Relief Act (SCRA):
Does It Provide for a Private Cause of Action?, Congressional
Research Service Report for Congress, March 23, 2009, available
at http://assets.opencrs.com/rpts/R40456_20090323.pdf.
Examines the U.S. District Court split in whether there is a private
cause of action under the SCRA.
Judge Advocate General’s Corps, U.S. Army, Legal Services, available
at https://www.jagcnet.army.mil/legal.
Provides links to publications that include Army Lawyer and Military
Law Review. Also links to the Legal Center and School’s publication
database, which has a number of SCRA-related guides.
Mark E. Sullivan, The Military Divorce Handbook: A Practical Guide
to Representing Military Personnel & Their Families (2006).
Practical manual for attorneys who represent servicemembers
or spouses going through a divorce. Includes tips on locating
and serving servicemembers, including members located overseas.
Also includes a sample motion for stay under SCRA and
a domicile checklist for servicemembers and spouses. Provides
information on parent time, custody, and alimony issues that may
arise during a military divorce.
Besides a wealth of information in the appendices, includes a
CD-ROM with sample language and forms.
U.S. Department of Justice, Safeguarding the Rights of Servicemembers
and Veterans, available at http://www.servicemembers.gov.
DOJ-specific information about cases the department has filed on
behalf of servicemembers to enforce civil rights under various
Acts, including the SCRA. Includes links to SCRA guides and
complaints filed by the DOJ.

Commission Highlights

Commission Highlights
The Board of Bar Commissioners received the following reports and took the actions indicated during the October 24, 2008 Commission meeting held at the Law & Justice Center in Salt Lake City, Utah.
1. The Commission approved Professionalism Awards to be given to Ellen Maycock and Don Winder. The Pro Bono Award was given to Ruth Lybbert, Paul Simmons, and David Olsen. Carma Harper was selected to receive the Community Member Award for her work on the Wills for Heroes Project and Troy Booher was awarded the Heart and Hands honor. The Commission also recognized the lifetime service of Judge J. Thomas Greene, Joseph Novak, Reed Martineau, and M. Dayle Jeffs. These awards were presented at the Fall Forum.

2. The Commission approved immediately selling the note held by Zions Bank for the Bar with First Tennessee Bank and have cash moved to federal insured cash or cash equivalent. The Commission also determined to immediately sell the note held by Zions Bank for the Bar with Zions Bancorp and have cash moved to federal insured cash or cash equivalent. The Commission will continue to monitor the Lehman Brothers bankruptcy proceedings. The Commission determined that a notice disclosing potential financial loss should appear in the November E-bulletin.
3. The Commission approved hiring Grant Clayton to make appropriate filings to secure tradename/copyright of “Utah State Bar.”
4. The Commission approved filing a petition with the Utah Supreme Court revising bylaws to clarify that the license status of “active under three” is intended to mean under three years of practice in any jurisdiction, not just Utah.
5. The Commission approved the 2007-2008 draft audit report by Deloitte and Touche.
6. The Commission approved filing a petition with the Utah Supreme Court to require the collection of lawyers’ email addresses on licensing forms for Bar use with a provision that lawyers may opt out for good cause shown.
7. The Commission approved that lawyers on the “Find a Utah Lawyer Director” must have a minimum of $100,000 of malpractice insurance to be required following the next fee collection cycle and thereafter via the licensing form and web sign up.
8. The Commission approved filing a petition with the Utah Supreme Court to permit the Bar to collect malpractice insurance on the licensing form for an additional two years.
9. The Commission agreed to create comprehensive New Lawyer Training Program (NLTP) presentations with staff for members of the judiciary to encourage mentor recruitment. Additionally, the Commission will organize a dynamic NLTP Mentor Recruiting Committee to include past Bar presidents and other capable participants.
The minute text of this and other meetings of the Bar Commission are available at the office of the Executive Director.

Commission Highlights

Commission Highlights
The Board of Bar Commissioners received the following reports and took the actions indicated during the September 12, 2008 Commission meeting held at the Law & Justice Center in Salt Lake City, Utah.
1. The Commission approved a Distinguished Service Award for “and Justice for All” in recognition of their outstanding service toward the creation of a better public understanding of the legal profession and the administration of justice.
2. The Commission approved appointments to the Bar Operations Review Committees for evaluations of the Office of Professional Conduct, Continuing Legal Education, Fee Dispute Resolution, the Fund for Client Protection, and the Law & Justice Center. Evaluations of these Bar programs are set to begin in October 2008.

3. The Commission selected and approved liaisons to the various Bar committees and sections and also liaisons to the local and specialty bars. Commissioners were encouraged to keep in regular contact with the chair and/or specialty bar president, offer support, and solicit input on Bar issues whenever it would be appropriate.
4. Nominations for the Second District Trial Court Nominating Commission vacancy were named. This Commission nominates judges to fill vacancies on the district court and the juvenile court within the Second Judicial District. One lawyer will be appointed by the Governor from a list of six nominees provided by the Bar. Joseph Bean, Laura Rasmussen, James Hasenyager, Bernard Allen, Steve Kaufman, and Camille Neider were selected as nominees to be proposed.
5. The Commission approved the creation of the new Communications Law Section.
6. Charlotte Miller was reappointed as the Bar’s ABA Delegate.
7. The Commission approved the list of 2008-2009 Commission priorities by consent. The 2008-2009 Commission priorities are: 1. The New Lawyer Training Program; 2. The Operations Review for the Office of Professional Conduct, Continuing Legal Education, Fee Dispute Resolution, the Fund for Client Protection and the Law & Justice Center; 3. Public Relations; 4. Governmental Relations; 5. Access to Justice / Pro Bono / Low Bono; and, 6. Community Leadership and Service.
8. The July 16, 2008 Commission minutes were approved by consent.
9. The Commission agreed to name candidates at the October Commission meeting for recognition by the Utah Nonprofits Association at their December awards luncheon.
10. The Commission created a quarterly evaluation form and schedule for the Bar’s Executive Director.
11. Third Division Bar Commissioner Rusty Vetter agreed to follow up with staff on a formal written proposal for a CLE/Outreach program on KCPW Radio.
12. Margaret Plane and Rod Snow will work with Katherine Fox to finalize the New Lawyer Training Program Petition.
13. President-elect Steve Owens will further develop Self-Insured Health Insurance Proposal.
The minute text of this and other meetings of the Bar Commission are available at the office of the Executive Director.

Whistle-Blower Policy

Whistle-Blower Policy
Bar Commissioners, Bar staff, and any member of the Bar may anonymously report concerns regarding fraud, violations of law, conflicts of interest, other breakdown in internal controls, financial reporting issues, and other areas of major governance concern to the Chief Justice of the Utah Supreme Court for investigation and action as is deemed by the Chief Justice to be appropriate.

The Utah State Bar may not discharge any employee or otherwise discriminate against any employee with respect to the employee’s compensation, terms, conditions, or privileges of employment because the employee or any person acting pursuant to a request of the employee has reported concerns about operations, management or governance issues of the Bar; testified or is about to testify in any investigation or proceeding dealing with such concerns; or assisted or participated or is about to assist or participate in any manner in such investigation or proceeding.

Notice of Election of Bar Commissioners

Notice of Election of Bar Commissioners
Third, Fourth, and Fifth Divisions
Pursuant to the Rules for Integration and Management of the Utah State Bar, nominations to the office of Bar Commission are hereby solicited for two members from the Third Division, one member from the Fourth Division, and one member from the Fifth Division, each to serve a three-year term. To be eligible for the office of Commissioner from a division, the nominee’s mailing address must be in that division as shown by the records of the Bar.

Applicants must be nominated by a written petition of ten or more members of the Bar in good standing and residing in their respective division. Nominating petitions may be obtained from the Bar office on or after January 2, 2009, and completed petitions must be received no later than February 2, 2009, by 5:00 p.m. Ballots will be mailed on or about April 1 with balloting to be completed and ballots received by the Bar office by 5:00 p.m. May 1. Ballots will be counted on May 4th.
In order to reduce out-of-pocket costs and encourage candidates, the Bar will provide the following services at no cost:
1. Space for up to a 200-word campaign message plus a photograph in the March/April issue of the Utah Bar Journal. The space may be used for biographical information, platform or other election promotion. Campaign messages for the March/April Bar Journal publications are due along with completed petitions, two photographs, and a short biographical sketch no later than February 2nd.
2. A set of mailing labels for candidates who wish to send a personalized letter to the lawyers in their division.
3. The Bar will insert a one-page letter from the candidates into the ballot mailer. Candidates will be responsible for delivering to the Bar no later than March 16th enough copies of letters for all attorneys in their division. (Please call Jeff Einfeldt at 297-7020 for count of the number of lawyers in your respective division.)
If you have any questions concerning this procedure, please contact John C. Baldwin at 531-9077.
NOTE: According to the Rules for Integration and Management, residence is interpreted to be the mailing address according to the Bar’s records.

Notice of Election of Bar President-Elect

Notice of Election of Bar President-Elect
Any active member of the Bar in good standing is eligible to submit his or her name to the Bar Commission to be nominated to run for the office of president-elect in a popular election and to succeed to the office of president. Indications of an interest to be nominated are due at the Bar offices, c/o Executive Director John Baldwin, 645 South 200 East, Salt Lake City, Utah, 84111 or via e-mail at director@utahbar.org by 5:00 p.m. on January 2, 2009.

The Bar Commission will interview all potential candidates at its meeting in Salt Lake City on January 23, 2009, and will then select two finalists to run on a ballot submitted to the active Bar membership. Final candidates may also include sitting Bar Commissioners who have indicated an interest in running for the office.
Ballots will be mailed on or about April 1st with balloting to be completed and ballots received by the Bar office by 5:00 p.m. on May 1st. The president-elect will be seated at the Bar’s Annual Convention and will serve one year as president-elect prior to succeeding to the office of president. The president and president-elect need not be sitting Bar commissioners.
In order to reduce campaign costs, the Bar will print a 200-word campaign statement from the final candidates in the Utah Bar Journal, a 500-word campaign statement on the web site, and will include a one-page statement in the ballot envelope. For further information, please contact John Baldwin at 531-9077, or at john.baldwin@utahbar.org.