OGDEN CITY JUSTICE COURT VACANCY ANNOUNCED

Ogden, UT—Applications are being accepted for a Justice Court judge position in Ogden. The position will replace Judge Andrea W. Lockwood who will retire effective March 1, 2017.

To be considered for a Justice Court judgeship in Weber County, 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 a degree from a law school that would make one eligible to apply for admission to a bar in any state in the United States. 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 Courts’ website at www.utcourts.gov under employment opportunities. An application for judicial office form must be completed and is available on the courts’ website. Please note that the application has been updated since June 2016. The annual salary range for the position is $79,525.00 to $143,145.00 with benefits. For additional information, contact Heidi Olmedo at (801)629-8737.

The deadline for applications is Wednesday, Oct. 19, 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. 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 the Mayor of Ogden, Mike Caldwell, within 45 days of its first meeting. Mayor Caldwell then has 30 days in which to make a selection. The selection must then be certified by the Utah Judicial Council.

RICH COUNTY JUSTICE COURT VACANCY EXTENDED

Randolph, UT— The deadline for applications has been extended for a Justice Court judge position in Rich County. The position will replace Judge Ross McKinnon who will retire effective Jan. 1, 2017.

To be considered for a Justice Court judgeship in Rich County, 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 a minimum of 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 Courts’ website at www.utcourts.gov. An application for judicial office form must be completed and is available on the courts’ website (www.utcourts.gov/admin/jobs). Please note that the application has been updated since June 2016. The annual salary range for the position is $8,000.00 to $12,000.00 with some benefits. For additional information, contact Becky Peart at (435)793-2415.

The extended deadline for applications is Wednesday, Oct. 12, 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. 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 Rich County Commission Chair, William Cox, within 45 days of its first meeting. Chairman Cox then has 30 days in which to make a selection. The selection must then be certified by the Utah Judicial Council.

NOMINEES ANNOUNCED FOR SOUTH JORDAN CITY JUSTICE COURT VACANCY

 

South Jordan, UT—The Salt Lake County Nominating Commission has selected four nominees for an upcoming vacancy in the South Jordan City Justice Court. The position will replace Judge Clinton Balmforth, who will retire effective Jan. 2, 2017.

Following are the nominees followed by place of employment and residence:

  • Michael Peter Boehm, J.D., Salt Lake County District Attorney’s Office, resident of South Jordan
  • Edward R. Montgomery, J.D., South Jordan City Prosecutor, resident of Draper
  • Katherine Peters J.D., Salt Lake County District Attorney’s Office, resident of Salt Lake City
  • George Vo-Duc J.D., Salt Lake County District Attorney’s Office, resident of Bountiful

A comment period will be held through Oct. 11, 2016, before a final candidate is selected by South Jordan City Mayor David L. Alvord, who has 30 days to make an appointment. The appointment is subject to ratification by the South Jordan City Council. The Utah Judicial Council must then certify the appointment. To submit written comments about the candidates, contact Melisse Stiglich, Administrative Office of the Courts, at melisses@utcourts.gov.

NOMINEES ANNOUNCED FOR SOUTH SALT LAKE CITY JUSTICE COURT VACANCY

 

South Salt Lake, UT—The Salt Lake County Nominating Commission has selected five nominees for an upcoming vacancy in the South Salt Lake Justice Court. The position will replace Judge Catherine M. Johnson, who will retire effective Jan. 1, 2017.

Following are the nominees followed by place of employment and residence:

  • Gretchen Johns, J.D., Office of Guardian ad Litem, resident of South Jordan
  • Katherine Peters J.D., Salt Lake County District Attorney’s Office, resident of Salt Lake City
  • Scott Reed J.D., Utah Attorney General’s Office, resident of West Jordan
  • Anna Lisa Rossi Anderson, J.D., Salt Lake County District Attorney’s Office, resident of Salt Lake City
  • George Vo-Duc J.D., Salt Lake County District Attorney’s Office, resident of Bountiful

A comment period will be held through Oct. 11, 2016, before a final candidate is selected by South Salt Lake City Mayor Cherie Wood, who has 30 days to make an appointment. The appointment is subject to ratification by the South Salt lake City Council. The Utah Judicial Council must then certify the appointment. To submit written comments about the candidates, contact Melisse Stiglich, Administrative Office of the Courts, at melisses@utcourts.gov.

NOMINEES ANNOUNCED FOR MIDVALE CITY JUSTICE COURT VACANCY

 

Midvale, UT—The Salt Lake County Nominating Commission has selected four nominees for an upcoming vacancy in the Midvale City Justice Court. The position will replace Judge Ronald Wolthuis, who will retire effective Jan. 1, 2017.

Following are the nominees followed by place of employment and residence:

  • Michael Peter Boehm, J.D., Salt Lake County District Attorney’s Office, resident of South Jordan
  • Edward R. Montgomery, J.D., South Jordan City Prosecutor, resident of Draper
  • Katherine Peters J.D., Salt Lake County District Attorney’s Office, resident of Salt Lake City
  • George Vo-Duc J.D., Salt Lake County District Attorney’s Office, resident of Bountiful

A comment period will be held through Oct. 11, 2016, before a final candidate is selected by Midvale City Mayor JoAnn B. Seghini, who has 30 days to make an appointment. The appointment is subject to ratification by the Midvale City Council. The Utah Judicial Council must then certify the appointment. To submit written comments about the candidates, contact Melisse Stiglich, Administrative Office of the Courts, at melisses@utcourts.gov.

WASHINGTON CITY JUSTICE COURT VACANCY ANNOUNCED

Washington City, UT—Applications are being accepted for a Justice Court judge position in Washington City. The position will replace Judge Lee Bunnell who will retire effective Jan. 1, 2017.

To be considered for a Justice Court judgeship in Washington County, 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 a degree from a law school that would make one eligible to apply for admission to a bar in any state in the United States. 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 courts’ website. Please note that the application has been updated since June 2016. The annual salary for the position is $39,741.00. Benefits are not provided. For additional information, contact Ruth Holyoak at (435)656-6315 or by email at rholyoak@washingtoncity.org.

The deadline for applications is Friday, Oct. 14, 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. 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 the Mayor of Washington City, Ken Neilson, within 45 days of its first meeting. Mayor Neilson then has 30 days in which to make a selection. The selection must then be certified by the Utah Judicial Council.

Notice of Approved Amendments to Utah Rules of Civil Procedure

The Utah Supreme Court has approved amendments to the following court rules. The amendments are effective November 1, 2016.

Rules of Civil Procedure

Rule 009 Pleading special matters. Amend. Removes the paragraph regarding a petition to renew a judgment. The process to renew a judgment is governed by proposed Rule 58C and the Judgment Renewal Act. Adopts much of the style and grammar of the federal rule.

Rule 013 Counterclaim and cross-claim. Amend. Deletes paragraphs (e), (i) and (j). Amending a pleading to add a counterclaim, regardless of the reason it was omitted, is properly governed by Rule 15. Adopts many of the grammar and style amendments of the federal rule.

Rule 026.01 Disclosure and discovery in domestic relations actions. Amend. Amends the disclosure deadlines to conform to Rule 26.

Rule 026.03 Disclosure in unlawful detainer actions. New. Regulates disclosures in an action for eviction or damages arising out an unlawful detainer by a residential tenant.

Rule 041 Dismissal of actions. Amend. Removes the provision for ruling against a plaintiff for failure to prove a right to relief, a similar but broader provision having been added to Rule 52, as in the federal rules. Adopts much of the style and grammar of the federal rule.

Rule 058C Motion to renew judgment. New. In conjunction with the Judgment Renewal Act and the amendment to Rule 9, describes the process for renewing a judgment.

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.

Notice of Proposed New Rules to Utah Rules of Criminal Procedure

The Utah Supreme Court invites comments to the following proposed new rules to Utah Rules of Criminal Procedure. The comment period expires October 29, 2016.

Utah Rules of Criminal Procedure

Rule 004A The proposed new rule establishes procedures for cases initiated by indictment.

Rule 004B The proposed new rule establishes procedures for cases initiated by citation.

How to View Redline Text of the Proposed Amendment

To see proposed rule amendment 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. Each comment must be approved by the site administrator before it will show on the public website.  Although all comments will be considered, they will not be acknowledged with a response.

Please submit comments directly through the website.  Should you have any questions, please contact the committee staff person.  The list of committees can be found at: https://www.utcourts.gov/committees/.

Thank you.

SLTrib Op-Ed – Utah’s judges should reflect its population

Salt Lake Tribune Op-ed: Utah’s judges should reflect its population | The Salt Lake Tribune

Op-ed: Utah’s judges should reflect its population

| Courtesy Robert O. Rice, op-ed mug.| Photo Courtesy of  Robert O. Rice

The Utah State Bar supports The Salt Lake Tribune’s recent efforts to highlight the importance of a diverse Utah judiciary. (See “Ethnic, gender diversity is for the benefit of all,” on June 29 and “Can Utah diversify its judicial bench? Jury’s still out,” on July 9.)

Lawyers, who represent clients from all aspects of society, have a uniquely clear view of the importance of the background of judges who decide their clients’ cases. Perhaps the question becomes, then, what is our profession doing to promote a system of justice that reflects, in the words of the late Justice Antonin Scalia, “a cross section of America.”  The answer is a great deal.

First, Utah lawyers are actively encouraging lawyers from diverse backgrounds to apply for the bench. Women Lawyers of Utah has developed a program to provide mentoring to its members applying for judicial vacancies. To help demystify the application process, Women Lawyers of Utah offers seminars and pairs applicants with someone who has experienced the nomination process.

Second, the Utah Minority Bar Association is also fully engaged in promoting diversity in Utah’s judiciary. Like Women Lawyers of Utah, the Utah Minority Bar Association actively seeks qualified candidates from its membership and encourages those lawyers to apply for bench openings. The Utah Minority Bar Association also recommends qualified members of the minority bar to serve on judicial nominating commissions.  Understanding that there is more it can do, it has recently created a Judicial Advocacy Committee to evaluate additional action to address this critical issue.

In our own organization, the Utah State Board of Bar Commissioners, lawyers have elected diverse leaders to make policy for lawyers across Utah. Of our 15 voting Bar Commissioners, nine are women. The Bar Commission also enjoys guidance from ex-officio members from the Utah Minority Bar Association and Women Lawyers of Utah and LGBT & Allied Lawyers of Utah. In short, the Bar Commission looks more like the rest of the state, which represents a substantial step toward promoting diversity in other areas of our judicial system.

The ranks of Utah lawyers are steadily growing with immensely qualified, diverse law school graduates from the J. Reuben Clark Law School and the S. J. Quinney College of Law and elsewhere. Clearly, our bar swells with talented lawyers from varied backgrounds educated within and without the state who will for years to come be ready to assume a position on the bench.

Gov. Gary Herbert deserves many accolades for his efforts to appoint women and minority lawyers to the bench, having appointed 20 women and four minority lawyers to the bench during his tenure. I’ve appeared before many of Herbert’s appointments, and I can attest to their strong qualifications and to the fact that the governor has appointed the most qualified applicants possible in every instance.

Herbert’s success in his judicial appointments, the Bar’s efforts to promote diversity on our bench and the steady number of diverse, qualified new lawyers graduating from our law schools is a sure sign of great things to come. Utah is exceedingly well-positioned to ensure that its state court looks more and more like the state it is intended to serve.
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Justice Court Judge Selection Meeting Planned

JUSTICE COURT JUDGE SELECTION MEETING PLANNED 

Sunset City, UT — The Davis County Judicial Nominating Commission has scheduled a meeting on Aug. 22, 2016, to select a candidate for the Sunset City Justice Court to replace Judge Jerald Jensen, who will retire effective Jan. 1, 2017. The commission will begin the meeting at 8:30 a.m. at the Sunset City Offices, 200 West 1300 North, in the Sunset Room.

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 will be accepted from 8:30 a.m. to 9:00 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 during the public comment portion of the meeting 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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Section Events for May 2016

BUSINESS LAW SECTION

Annual Meeting
Time: May 20, 2016 / 8:30 AM – 1:30 PM
Location: The Grand America Hotel
555 So. Main St.
Salt Lake City, UT
Cost: $75 – Business Law Section Members, $120 all others
CLE Credit: 3 hours Reg. CLE Credit, 1 hour Ethics

Register at: https://www.utahbar.org/calendar/

OTHER SECTION EVENTS

  • May 17th 12:00-1:30pm – ENREL Annual Update
  • May 17th 9:00am-1:15pm – Annual Collection Law Seminar
  • May 19th 12:00-1:00pm – Elder Law and Estate Planning Legislative Update
  • May 19th 8:00am-2:00pm – Annual Real Property Seminar
  • May 20th 6:00-9:00pm – IP Section Annual Social
  • June 3rd 8:30am-4:45pm – Annual Family Law Seminar

For info on any of these events, contact the CLE department at CLE@utahbar.org or register online at https://services.utahbar.org/events

http://litigation.utahbar.org/assets/TrishParkinsonGlenn_FundraiserInvite.pdf

Section Updates for March 2016

Government & Administrative Law Section

  • Please join us for the Third Annual ALJ, Government & Administrative Law Conference this coming May 5, 2016. The conference will be held at the Utah Bar, and will include breakfast, lunch and up to 5 hours of CLE credit. $35 for ALJs and members of the Government/Administrative Law Section. Come learn about the fundamentals of UAPA, GRAMA requests, and how to effectively participate in drafting administrative rules.
  • The Supreme Court at a Crossroads: A discussion with Kannon Shanmugam.
    • Date: Thursday, April 7, 2015
    • Time: 12:00 noon to 1:30 p.m.
    • Place: The Alta Club, 100 East South Temple, Salt Lake City, Utah

Cost: $40 for members of the Appellate Practice Section, the Government and Administrative Law Section, and the Utah Federal Bar Association, $50 for non-members.

Litigation Section

  • Rise & Shine – Setting the Stage at Trial: How to Write and Deliver a Compelling Opening Statement
    • Date: March 24, 2016
    • Time: 8:20am – 9:30am
    • Place: Federal Courthouse Jury Assembly Room- 351 So. West Temple
  • Litigation Section Annual Meeting is June 10-11, 2016 in Moab!
    • We will have CLE, a social reception on Friday night with the judges who have received the 2016 Judicial Excellence Award and recreational activities on Saturday. This year, we’re starting a new tradition and will be presenting a trophy to one of our fellow litigators (think Stanley Cup for attorneys). Networking and CLE can be fun!
  • Zen In Zion’s May 14, 2016

A family-friendly networking reception & retreat.

  • Salt Lake County Golf & CLE: August 12, details to follow.
  • Litigator’s Running Group: Wednesday at 6 pm May- September- additional details to follow.

If you are interested in receiving our announcements or have ideas, please email:

Heather L. Thuet
Chair of the Litigation Section
Heather.Thuet@chrisjen.com

 

 

Utah Courts Mourn Passing of Judge James Davis – Long-time Court of Appeals Judge

 

FOR IMMEDIATE RELEASE
F
ebruary 29, 2016  

JamesDavis

UTAH COURTS MOURN PASSING OF JUDGE JAMES DAVIS
Long-time Court of Appeals Judge

Salt Lake City, UT — Utah State Court judges and administrators took time to honor the passing this past weekend of a long-time leader of Utah’s judicial system.

Judge James Z. Davis was appointed to the Utah Court of Appeals by Gov. Michael O. Leavitt in November 1993. He served two terms as presiding judge of the court of appeals and retired in November 2015. He was the first judge appointed to the court of appeals who was not among the original appointees when the court was organized in 1987.

“The Court of Appeals family will miss our beloved colleague and friend, Judge Jim Davis. He was a towering presence with a personality to match,” said Utah Court of Appeals Presiding Judge Fred Voros. “His legal learning, common sense, and practical wisdom allowed him to cut right to the heart of even a complex case.”

“It was my pleasure to serve with Jim Davis for nearly 22 years,” said Utah Court of Appeals Associate Presiding Judge Gergory Orme. “He was a great guy and a treasured colleague. His thorough preparation, consistently hard work, and keen sense of humor were the hallmarks of his service on the court. He will truly be missed.”

In addition to his distinguished service on the Utah Court of Appeals, Judge Davis had a long and exemplary career in law. He received his law degree from the University of Utah College of Law in 1968. He served in military intelligence in the U.S. Army until 1970. Judge Davis was in private practice from 1971 to 1977, served as Deputy Weber County Attorney and Weber County Police Legal Advisor from 1973 to 1982, was a partner in Thatcher, Glasmann & Davis from 1977 to 1982, and a shareholder and director at Ray, Quinney & Nebeker from 1982 until his appointment to the bench. Judge Davis was president of the Utah State Bar from 1991 to 1992, served as Bar representative on the Utah Judicial Council, and was also selected by the court of appeals on three occasions to serve as that court’s representative on the Utah Judicial Council.

In 2014, Judge Davis received the Lifetime Service Award from the Utah State Bar.