Fairview City Justice Court Vacancy Announced

FOR IMMEDIATE RELEASE

February 5, 2016
Contact: Geoffrey Fattah
(801) 578-3994
   

FAIRVIEW CITY JUSTICE COURT VACANCY ANNOUNCED

Fairview, Utah—Applications are being accepted for a Justice Court judge position in Fairview City. The position will replace Judge Ivo Peterson who will retire effective July 1, 2016.

To be considered for the position, candidates must be at least 25 years of age, a citizen of the United States, a Utah resident for at least three years, and have earned a high school diploma or GED. In addition, candidates must be a resident of the county in which the court is located—or an adjacent county—for at least six months.

Information on judicial retention and performance evaluation is posted on the Utah State Court’s website at www.utcourts.gov under employment opportunities. An application for judicial office form must be completed and is available on the court’s website. The annual salary for the position is $4,763.76 without benefits. For additional information, contact David Taylor at (435) 427-3858.

The deadline for applications is Feb. 25, 2016 at 5 p.m. and should be sent to the attention of Melisse Stiglich, Administrative Office of the Courts, P.O. Box 140241, Salt Lake City, UT, 84114-0241, or faxed to (801) 238-7828. For an application or more information, email melisses@utcourts.gov.

Utah law requires the Judicial Nominating Commission to submit three to five nominees to the Mayor of Fairview, Jeffrey Cox, within 45 days of its first meeting. Mayor Cox then has 30 days in which to make a selection. The selection must then be certified by the Utah Judicial Council.

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Justice John Pearce to Take Oath of Office

MEDIA ADVISORY
FOR IMMEDIATE RELEASE Contact: Geoffrey Fattah
January 27, 2016 (801) 578-3994
Cell: (801) 712-4545

JUSTICE JOHN PEARCE TO TAKE OATH OF OFFICE

WHAT: Investiture Ceremony for John A. Pearce as a justice for the Utah Supreme Court

WHO: The Honorable Matthew B. Durrant, Chief Justice of the Utah Supreme Court, will administer the oath of office. Presenters include Governor Gary Herbert and Jennifer Napier-Pearce.

WHEN: Friday, January 29 at 2:00 p.m.

WHERE: Utah Supreme Courtroom, Scott M. Matheson Courthouse, 5th floor.

Note: Due to a large number of attendees anticipated, we will be accepting media pool requests for stills, TV, and radio. Please email requests to: geofff@utcourts.gov

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Garfield County Judge Selection Meeting Planned

FOR IMMEDIATE RELEASE

January 27th, 2016
Contact:  Melisse Stiglich
(801) 578-3844

JUSTICE COURT JUDGE SELECTION MEETING PLANNED

Garfield County, UT—The Garfield County Judicial Nominating Commission has scheduled a meeting on February 16th, 2016, to select a candidate for the Garfield County Justice Court to replace Judge Russell B. Bulkley who will retire March 31st, 2016. The commission will begin the meeting at 11:00 a.m. at the Garfield County Courthouse, 55 South Main St., in Panguitch.

The early portion of the meeting is scheduled for public comment about issues facing the Utah judiciary and refinements or improvements to the system. Public comments are being accepted from 11:00 a.m. to 11:30 a.m. Following the public hearing, the meeting is closed to allow commission members to select a slate of three to five candidates for the vacancy.

Individuals interested in appearing before the commission should contact Melisse Stiglich at (801) 578-3844 to request an appointment. Information on the Justice Court Nominating Commission members is available at www.utcourts.gov.

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Utah Court Of Appeals Announces A Special Oral Arguments Session At Southern Utah University

FOR IMMEDIATE RELEASE

January 26, 2016

THE UTAH COURT OF APPEALS ANNOUNCES A SPECIAL ORAL ARGUMENTS SESSION AT SOUTHERN UTAH UNIVERSITY

WHAT:      The Utah Court of Appeals periodically holds court sessions in other locations to enhance the public’s understanding of the court’s work and to provide the public with an opportunity to see the Court of Appeals in session.

Cases to be heard are as follows:

9:30 a.m. – Bresee v. Barton

9:30 a.m. – JENCO LC v. Perkins Coie LLP

11:30 a.m. – State v. Martinez-Castellanos

The judges will remain after the final oral argument for a question and answer session.

WHEN:      Thursday, January 28, 2016, at 9:30 a.m. to approximately 1:00 p.m.

WHERE:   Southern Utah University
Hunter Conference Center, Gilbert Great Hall
351 West Center Street
Cedar City, Utah

WHO:        Panel Members Include: Honorable Gregory K. Orme, Honorable Stephen L. Roth, Honorable Kate A. Toomey

Members of the public are cordially invited to attend.

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State of the Judiciary Planned for Jan. 25 @ 2:15 p.m.

MEDIA ADVISORY

Jan. 25, 2016

Contact: Geoffrey Fattah

(801) 578-3994

CHIEF JUSTICE DURRANT TO PRESENT STATE OF THE JUDICIARY

WHAT: 2016 State of the Judiciary Address

WHO: The Honorable Matthew B. Durrant, Chief Justice of the Utah Supreme Court, will address the Senate and the House separately.

WHEN: Monday, Jan. 25: House at 2:15 p.m.; Senate approx. 2:45 p.m.

WHERE: Utah State Capitol

Copies of Chief Justice Durrant’s speech will be distributed to reporters at the Capitol at the start of the address. An electronic copy will be available at (http://www.utcourts.gov/media/news/) following the address.

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Notice of Approved Amendments to Utah Court Rules

The Utah Supreme Court has approved amendments to the following court rules. The amendments are effective January 21, 2016.

Summary of Approved Amendments 

 Rules Governing the Utah State Bar

USB 14-0503. Ethics and Discipline Committee. Amend. Provides for a third committee vice chair. Allows a chair or vice chair of one screening panel to serve on another.
USB 14-0510. Prosecution and appeals. Amend. Describes the role of the screening panel as investigator and fact finder. Requires an OPC summary — if provided to a screening panel — to also be provided to the respondent and to include any additional violations. Allows the respondent to address any additional violations. Permits the screening panel to find additional violations during the hearing. Describes the process by which the respondent may address the additional violations. Requires a formal complaint to be filed if a screening panel finds probable cause for public discipline or if the misconduct is similar to a pending formal complaint. Allows evidence of prior discipline to be presented at the hearing. Allows for multiple cases to be presented to one screening panel. Allows OPC 30 days in which to file a response to respondent’s exceptions. Allows the chair to extend the time in which to file an exception or response so the respondent or OPC can obtain a transcript of the hearing.
USB 14-0517. Additional rules of procedure. Amend. Clarifies that a screening panel chair screens complaints against OPC counsel, committee members and bar commissioners before the appointment of a special counsel.

How to View Redline Text of the Amendments

To see approved rule amendments, click on the rule number above, or click on this link to: http://www.utcourts.gov/resources/rules/approved/. Then click on the rule number.

Kane County Judicial Vacancy Announced

FOR IMMEDIATE RELEASE
Jan. 20th, 2016
Contact: Melisse Stiglich
(801) 578-3800

KANE COUNTY JUSTICE COURT VACANCY ANNOUNCED
Kane County, Utah—Applications are being accepted for a Justice Court judge position in Kane County. The position will replace Judge F. Kirk Heaton who will retire effective June 30th, 2016.

To be considered for the position, candidates must be at least 25 years of age, a citizen of the United States, a Utah resident for at least three years, and have earned a high school diploma or GED. In addition, candidates must be a resident of the county in which the court is located—or an adjacent county—for at least six months.

Information on judicial retention and performance evaluation is posted on the Utah State Court’s website at www.utcourts.gov under employment opportunities. An application for judicial office form must be completed and is available on the court’s website. The annual salary range for the position is $25,984.50 to $46,772.10 with benefits. For additional information, contact Rhonda Gant at (435) 644-4929 or by email rgant@kane.utah.gov.

The deadline for applications is Monday, February 8th, 2016 at 5 p.m. and should be sent to the attention of Melisse Stiglich, Administrative Office of the Courts, P.O. Box 140241, Salt Lake City, UT, 84114-0241, or faxed to (801) 238-7828. For an application or more information, email melisses@utcourts.gov or visit www.utcourts.gov/admin/jobs.

Utah law requires the Judicial Nominating Commission to submit three to five nominees to Kane County Commission Chair Dirk Clayson within 45 days of its first meeting. Clayson then has 30 days in which to make a selection. The selection must then be certified by the Utah Judicial Council.

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Davis County Selection Meeting Planned

FOR IMMEDIATE RELEASE

January 19th, 2016 

Contact:  Melisse Stiglich  

(801) 578-3844                              

JUSTICE COURT JUDGE SELECTION MEETING PLANNED

Farmington, UT—The Davis County Judicial Nominating Commission has scheduled a meeting on January 28th, 2016, to select a candidate for the Davis County Justice Court to replace Judge Jerald L. Jensen who resigned October 30th, 2015. The commission will begin meeting at 2:00 p.m. at the Davis County Administration Building, 61 South Main Street, in Farmington.

The early portion of the meeting is scheduled for public comment about issues facing the Utah judiciary and refinements or improvements to the system. Public comments are being accepted from 2:00 p.m. to 2:30 p.m. Following the public hearing, the meeting is closed to allow commission members to select a slate of three to five candidates for the vacancy.

Individuals interested in appearing before the commission should contact Melisse Stiglich at (801) 578-3844 to request an appointment. Information on the Justice Court Nominating Commission members is available at www.utcourts.gov.

Court rule change: student practice extended to second year; cases expanded to include felonies.

Court rule change:  student practice extended to second year; cases expanded to include felonies.

On January 6, 2016, the Utah Supreme Court approved changes to the Law Student and Law Graduate Legal Assistance Rule 14-807. The changes allow second year law students to provide legal assistance under the rule. The old rule only permitted third year law students and recent graduates who have not yet passed a bar exam to provide assistance under the rule. The changes also expand the types of cases law students are allowed to handle. As before the amendments, all students must be supervised by a licensed attorney and have the written consent of the client.

Students providing assistance under the rule must do so as part of a law school clinic or externship, be volunteering for a tax-exempt or governmental agency or employed by a for-profit entity and supervised by an attorney who works for that entity. The rule does not allow students to seek private clients or to provide legal assistance on their own without supervision.

Allowing second year law students to provide legal assistance will increase the pool of individuals available to assist poor and low income clients in law school and Bar clinics and other assistance programs across the State. Additionally, expanding the types of cases law students are allowed to handle will give law students in Utah more opportunity for hands on, practical training during law school.

Rule 14-807:  http://www.utcourts.gov/resources/rules/ucja/ch14/08%20Special%20Practice/USB14-807.html

 

 

 

 

Garfield County Vacancy Extended

FOR IMMEDIATE RELEASE  

Dec. 30th, 2015

Contact: Melisse Stiglich
(801) 578-3800

GARFIELD COUNTY JUSTICE COURT VACANCY EXTENDED

Garfield County, Utah—Applications are being accepted for a Justice Court judge position in Garfield County. The position will replace Judge Russell B. Bulkley who will retire March 31, 2016.

To be considered for the position, candidates must be at least 25 years of age, a citizen of the United States, a Utah resident for at least three years, and have earned a high school diploma or GED. In addition, candidates must be a resident of the county in which the court is located—or an adjacent county—for at least six months.

Information on judicial retention and performance evaluation is posted on the Utah State Court’s website at www.utcourts.gov under employment opportunities. An application for judicial office form must be completed and is available on the court’s website. The annual salary range for the position is $24,000 with benefits. For additional information, contact Camille Morre at (435) 676-1120.

The deadline for applications has been extended to January 12th, 2016 at 5 p.m. and applications should be sent to the attention of Melisse Stiglich, Administrative Office of the Courts, P.O. Box 140241, Salt Lake City, UT, 84114-0241, or faxed to (801) 238-7828. For an application or more information, email melisses@utcourts.gov.

Utah law requires the Judicial Nominating Commission to submit three to five nominees to Garfield County Commission Chair Leland Pollock within 45 days of its first meeting. Pollock then has 30 days in which to make a selection. The selection must then be certified by the Utah Judicial Council.

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Davis County Judicial Vacancy Announced

FOR IMMEDIATE RELEASE

Dec. 21, 2015

Contact: Melisse Stiglich

DAVIS COUNTY JUSTICE COURT VACANCY ANNOUNCED

Davis County, Utah—Applications are being accepted for a Justice Court judge position in Davis County. The position will replace Judge Jerald L. Jensen who retired in October, 2015.

To be considered for the position, candidates must be at least 25 years of age, a citizen of the United States, a Utah resident for at least three years, and have earned a high school diploma or GED. In addition, candidates must be a resident of the county in which the court is located—or an adjacent county—for at least six months.

Information on judicial retention and performance evaluation is posted on the Utah State Court’s website at www.utcourts.gov under employment opportunities. An application for judicial office form must be completed and is available on the court’s website. The annual salary range for the position is $100,000 to $120,000 with benefits. For additional information, contact Jana Bake at 801-451-3416.

The deadline for applications is January 15th, 2016 at 5 p.m. and should be sent to the attention of Melisse Stiglich, Administrative Office of the Courts, P.O. Box 140241, Salt Lake City, UT, 84114-0241, or faxed to (801) 238-7828. For an application or more information, email melisses@utcourts.gov.

Utah law requires the Judicial Nominating Commission to submit three to five nominees to Davis County Commission Chair P. Bret Millburn within 45 days of its first meeting. Millburn then has 30 days in which to make a selection. The selection must then be certified by the Utah Judicial Council.
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Judges to Determine Need for Grand Jury

FOR IMMEDIATE RELEASE
Contact: Ray Wahl
(801) 578-38095
Cell: (801) 243-8621

JUDGES TO DETERMINE NEED FOR GRAND JURY

Ogden, UT—A panel of judges is scheduled to meet on Jan. 14, 2016, to hear testimony to determine if reasonable cause exists to call a grand jury. The meeting will take place at the Ogden Courthouse, 2525 Grant Ave., Weber County.

Those wanting to testify before the panel of judges should contact District Court Administrator Debra Moore at (801) 578-3800 by Jan. 4, 2016, to schedule an appointment. If no appointments are scheduled by Jan. 4, the meeting will be canceled without further notice.

Individuals testifying must be prepared to give evidence to support claims that justify calling a grand jury. Controversies between individual parties will not be considered. Individuals who need special accommodations during the hearing must notify the court at least three business days prior to the hearing.

Utah’s Grand Jury Statute requires a panel of judges selected from throughout the state to hold hearings in each judicial district every three years. The purpose of the hearings is to determine if a grand jury needs to be summoned based on evidence of criminal activity. The Grand Jury Panel is comprised of the following judges: Supervising Judge W. Brent West, 2nd District Court; Judge Lynn W. Davis, 4th District Court; Judge Elizabeth Hruby-Mills, 3rd District Court; Judge Eric A. Ludlow, 5th District Court; and Judge Kara Pettit, 3rd District Court.

The Attorney General, a county attorney, district attorney, or special prosecutor appointed under U.C.A. section 77-10a-1 can also present evidence of criminal activity. The panel of judges will hear, in secret, all persons claiming information that justifies calling a grand jury. All individuals appearing before the panel of judges will be placed under oath. If a grand jury is summoned, the jurors will be called from the state-at-large or any judicial district within the state. Additional information is available at http://www.utcourts.gov/cal/grandjury.

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Garfield County Justice Court Vacancy Announced

GARFIELD COUNTY JUSTICE COURT VACANCY ANNOUNCED

Garfield County, Utah—Applications are being accepted for a Justice Court judge position in Garfield County. The position will replace Judge Russell B. Bulkley who will retire March 31, 2016.

To be considered for the position, candidates must be at least 25 years of age, a citizen of the United States, a Utah resident for at least three years, and have earned a high school diploma or GED. In addition, candidates must be a resident of the county in which the court is located—or an adjacent county—for at least six months.

Information on judicial retention and performance evaluation is posted on the Utah State Court’s website at www.utcourts.gov under employment opportunities. An application for judicial office form must be completed and is available on the court’s website. The annual salary range for the position is $24,000 with benefits. For additional information, contact Camille Morre at (435) 676-1120.

The deadline for applications is Dec.28, 2015 at 5 p.m. and should be sent to the attention of Melisse Stiglich, Administrative Office of the Courts, P.O. Box 140241, Salt Lake City, UT, 84114-0241, or faxed to (801) 238-7828. For an application or more information, email melisses@utcourts.gov.

Utah law requires the Judicial Nominating Commission to submit three to five nominees to Garfield County Commission Chair Leland Pollock within 45 days of its first meeting. Pollock then has 30 days in which to make a selection. The selection must then be certified by the Utah Judicial Council.

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Utah State Bar – New Divorce & Custody Document Clinic

Utah State Bar Hosts New Divorce & Custody Document Clinic

Courthouse Steps is part of the Bar’s new Affordable Attorneys for All Initiative

Of the 14,088 divorces and annulments filed in Utah in 2014, both sides had an attorney in only 12% of the cases.  Neither party had counsel in 60% of the cases, which reflects a sharp increase from 47% in 2005.

The unrepresented litigants are in an unfamiliar system without an advocate, without a trained professional, and without someone they can trust.  They can use the forms that are available from the court’s website, but they often don’t know how to use the forms or have complications that require special treatment.  The judges and court staff must remain impartial and cannot provide legal advice to a party.  Maintaining impartiality can be difficult when it is clear a party needs legal counsel.  This often results in many patient efforts to explain the process and to try to guide the party towards legal counsel who can properly advise them.

This increase in self-representation comes as legal issues are becoming more, not less, complex.  The forms required to complete a divorce can be a challenge when there are children, real property, retirement plans, or foreign citizenship to consider.

Many potential clients do not know how to access lawyers and are concerned about the cost, especially when quoted as an open-ended hourly rate.

The Utah State Bar is working to address this issue on many fronts, including a new divorce and custody document clinic:  Courthouse Steps.  The clinic provides document preparation and legal advice on a one-time basis for a $100 flat fee, regardless of income.  The first clinic will be held at Utah State Bar, 645 South 200 East, Salt Lake City, UT 8411 on Thursday, December 3 at 6:00 p.m.  No appointment is necessary; attendees will be served in order of arrival.  Additional assistance may be available on a sliding scale based upon income.

Charles A. Stormont, with the law firm of Stormont Billings, is co-chair of the Community Lawyering subcommittee of the Affordable Attorneys for All Task Force.  Stormont said “There is often a disconnect between lawyers and potential middle-income clients.  Many do not realize that lawyers can be hired on a per-task basis at a lower rate, which allows clients to receive needed professional guidance while effectively managing costs.  With this new clinic, we are taking out the guesswork and the uncertainty by using a flat fee for discrete, but important, tasks.  People will walk away with documents they need to move their cases forward and a professional resource in case they need more help down the road.”

The December 3 Courthouse Steps clinic will be staffed with attorneys from Open Legal Services, a nonprofit law firm serving low and moderate income clients.  Open Legal Services offers legal assistance based on a sliding scale related to income.  Its regular rates, outside of the clinic, start at $60 an hour, including pay-per-task services.

The Utah State Bar was established in 1931 and regulates the practice of law under the authority of the Utah Supreme Court.  The vision of the Utah State Bar is a just legal system that is understood, valued, and accessible to all.  See more at www.utahbar.org.
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Notice of Proposed Amendments to Utah Court Rules

The Utah Supreme Court and the Utah Judicial Council invite comments to the following proposed amendments to court rules. The comment period expires January 13, 2016.

Summary of Proposed Amendments

Code of Judicial Administration

CJA 03-0114. Judicial outreach. Amend. Reorders the intent language. Provides that model outreach programs shall take into account existing curricula. Requires the committee to propose and implement rather than develop policies that encourage judicial participation in outreach programs.
CJA 04-0503. Mandatory electronic filing. Amend. Requires an attorney seeking an exemption from efiling to submit a written request to the District Court Administrator.

Rules of Appellate Procedure

URAP 028A. Appellate Mediation Office. Amend. Outlines different processes for mediation in the supreme court and the court of appeals. Provides that the denial of a mediation request does not prevent parties from engaging in private mediation or settlement negotiations. Makes technical changes.

Rules Governing the Utah State Bar

USB 14-0515. Access to disciplinary information. Amend. Allows access to disciplinary records without the waiver of the respondent is limited circumstances. Requires that those with access maintain the confidentiality of the records. Effective November 25, 2015 under Rule 11-105. Subject to change after the comment period.

How to View Redline Text of the Proposed Amendments

To see proposed rule amendments and submit comments, click on this link to:  http://www.utcourts.gov/resources/rules/comments/, then click on the rule number.

How to Submit Comments

You can comment and view the comments of others by clicking on the “comments” link associated with each body of rules. It is most efficient to submit comments through the website. After clicking on the comment link, you will be asked for your name, which is required, and your email address which need not be your real address. The comment website is public. Although all comments will be considered, they will not be acknowledged with a response.

After submitting your comment on the webpage, you may get an error message, but your comment has been delivered to a buffer, and I will publish it as soon as possible.

Please submit comments directly through the website or to me at the address listed below.

One method of submitting a comment is sufficient. If you email a comment, please list the relevant rule in the message line and include your comment in the message text, not in an attachment.