Chief Justice Durrant Announces Utah’s New State Court Administrator

St. George, UT — Utah Supreme Court Chief Justice Matthew Durrant announced today the appointment of Richard H. Schwermer as the Utah State Courts’ new State Court Administrator.

The announcement was made during today’s meeting of the Utah Judicial Council. Chief Justice Durrant also noted the decision was made with unanimous concurrence of the other justices of the Utah Supreme Court.

“Rick Schwermer is a dedicated court administrator with many years of proven experience,” Durrant said. “After a four-month national search, we determined that the best person for the job was already working for us.”

Schwermer has served with the Utah State Courts since 1990, and as Assistant State Court Administrator since 1995. Among other duties, he has served as the judiciary’s representative to the Utah Legislature; coordinated the development, funding, and certification of Utah’s drug courts and other problem solving courts; and served as Utah’s Justice Court Administrator.

“I am honored and incredibly appreciative of the confidence shown in me by the Utah Supreme Court. Utah’s judiciary, including this Administrative Office, are consistently regarded as the finest in the country. I commit to working with our exceptional staff, judges, and partners to build upon that reputation for excellence,” Schwermer said.

A search for a new State Court Administrator began shortly after current court administrator Dan Becker announced last October he would be retiring after 21 years of service.

Schwermer obtained his undergraduate degree from Colby College in Waterville, Maine. He holds a Juris Doctorate from the University of Utah S.J. Quinney College of Law. His first day as State Court Administrator will be May 1.

NOMINEE NAMED TO FILL SPRING CITY JUSTICE COURT VACANCY

Spring City, UT— The Sanpete County Nominating Commission has announced the appointment of the Honorable Mark Kay McIff to fill the Spring City Justice Court vacancy. The position will replace Judge Ivo Peterson who retired effective July 1, 2016.

Judge McIff is currently the Justice Court judge in the Sevier County, Piute County and Fairview City Justice Courts. He is also an attorney who practices law in the south central Utah area. He holds a bachelor’s degree in accounting (1995) from Southern Utah University in Cedar City, and a juris doctorate degree (1998) from Gonzaga University in Spokane, Washington. Judge McIff has held several positions, including Piute County Attorney, Wayne County Attorney, Deputy Sevier County Attorney, Deputy Garfield County Attorney, city prosecutor for several cities in the district, and chief criminal prosecutor for the Wasatch County Attorney’s Office in Heber City. He Resides in Richfield with his wife and two daughters.

NOMINEE NAMED TO FILL FOUNTAIN GREEN CITY JUSTICE COURT VACANCY

Fountain Green, UT— The Sanpete County Nominating Commission has announced the appointment of the Honorable Mark Kay McIff to fill the Fountain Green City Justice Court vacancy. The position will replace Judge Ivo Peterson who retired effective July 1, 2016.

Judge McIff is currently the Justice Court judge in the Sevier County, Piute County and Fairview City Justice Courts. He is also an attorney who practices law in the south central Utah area. He holds a bachelor’s degree in accounting (1995) from Southern Utah University in Cedar City, Utah, and a juris doctorate degree (1998) from Gonzaga University in Spokane, Washington.  Judge McIff has held several positions, including Piute County Attorney, Wayne County Attorney, Deputy Sevier County Attorney, Deputy Garfield County Attorney, city prosecutor for several cities in the district, and chief criminal prosecutor for the Wasatch County Attorney’s Office in Heber City.

Notice of Proposed Amendments to Utah Rules Governing the State Bar

The Utah Supreme Court invites comments to the following proposed amendments to Utah Rules Governing the State Bar. The comment period expires March 10, 2017.

Utah Rules Governing the State Bar

USB 14-0110 Proposed changes to 14-110 allow inactive Bar members to serve of all Bar committees.

USB 14-0405 The changes to 14-405 clarify the rule that prohibits lawyers from switching from active to inactive and then back to active again within the same year in order to avoid MCLE compliance.

USB 14-0508 Proposed changes to Rule 14-508 requires lawyers who are administratively suspended for three years or more for failure to pay license fees to reapply for re-enrollment.

USB 14-0517 Proposed changes to 14-517(f) provide that a Bar a complaint against any lawyer employed by the Bar will be reviewed by the Ethics and Discipline Committee Chair or a special prosecutor rather than by the Office of Professional Conduct.

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.

NOMINEE NAMED TO FILL EAST CARBON CITY JUSTICE COURT VACANCY

East Carbon, UT— The Carbon County Nominating Commission has announced the appointment of Honorable Jon Randall Carpenter to fill the East Carbon City Justice Court vacancy. The position will replace Judge Linda Murdock who resigned effective Sep. 30, 2016.

Judge Carpenter is a resident of Carbon County and currently sits as the justice court judge for the Carbon County Justice Court and the Wellington City Justice Court. Before that, Judge Carpenter was a partner at the law firm Jensen & Carpenter in Price, and law clerk for the Utah Seventh District Court. Judge Carpenter received his law degree from Creighton University.

NOMINEE NAMED TO FILL OGDEN CITY JUSTICE COURT VACANCY

Ogden, UT— The Weber County Nominating Commission has announced the appointment of Michael Sam Junk to fill the Ogden City Justice Court vacancy. The position will replace Judge Andrea W. Lockwood who will retire effective March 1, 2017.

Michael S. Junk graduated from Weber State University in 1984 with a Bachelors of Science degree majoring in Economics. Junk then earned his Juris Doctor from the University of Utah in 1987. After law school he worked for the Ogden, law firm of Campbell & Neeley. In 1989 he was hired by Ogden City as a prosecutor where he has worked for over 27 years. Junk has also prosecuted in Harrisville City and Riverdale City, and teaches at Weber State University as an adjunct professor in the Business Administration department.

Junk’s appointment to the bench is subject to completion of the court’s new judge orientation and certification by the Utah Judicial Council.

NOMINEE NAMED TO FILL OGDEN CITY JUSTICE COURT VACANCY

Ogden, UT— The Weber County Nominating Commission has announced the appointment of Clay Willard Stucki to fill the Ogden City Justice Court vacancy. The position will replace Judge Dee William Smith who will resign effective Jan. 2017.

Clay W. Stucki, of Ogden, Utah, received his Juris Doctorate degree from the J. Reuben Clark Law School at Brigham Young University in 1991, where he graduated Summa Cum Laude and Order of the Coif. After law school, Stucki clerked for the United States Court of Appeals for the Ninth Circuit as a law clerk to Judge Charles E. Wiggins. Following his judicial clerkship, Stucki has been a practicing attorney in Utah for the past 25 years and has been a partner at Parr Brown Gee & Loveless, Bennett Tueller Johnson & Deere, and most recently, Stucki & Rencher.

Stucki’s appointment to the bench is subject to completion of the court’s new judge orientation and certification by the Utah Judicial Council.

NOMINEE NAMED TO FILL LEHI CITY JUSTICE COURT VACANCY

Lehi, UT— The Utah County Nominating Commission has announced the appointment of Morgan Laker Cummings to fill the Lehi City Justice Court vacancy. The position will replace Judge Douglas Nielsen who resigned effective Sep. 23, 2016.

Cummings received a Bachelor of Arts from the University of Utah in 2005. He graduated from Creighton University School of Law, cum laude, in 2009. Cummings began his legal career with a well-known Utah County firm, where he represented clients in civil litigation, business planning and funding, and prosecuted criminal cases for several municipalities. Cummings later worked for a prestigious health care company negotiating and drafting insurance contracts. Since 2013, he has been the Lehi City Prosecutor and Assistant City Attorney, where he prosecutes criminal cases, practices municipal defense, and advises various departments and commissions within the city.

Cummings’ appointment to the bench is subject to completion of the court’s new judge orientation and certification by the Utah Judicial Council.

Notice of Proposed Amendments to Utah Rules of Civil Procedure

The Utah Supreme Court invites comments to the following proposed amendments to Utah Rules of Civil Procedure. The comment period expires February 17, 2017.

Utah Rules of Civil Procedure

URCP005 Service and filing of pleadings and other papers. Amend. Adopts the prisoner mailbox rule, which provides that pleadings and papers filed by an inmate confined in an institution are timely if they are deposited in the institution’s internal mail system on or before the last day for filing.

URCP045 Forms. Repeal. Since the task of creating and updating court forms will now reside with the newly formed Judicial Council Standing Committee on Forms under UCJA Rules 1-205 and 3-117, the Supreme Court’s Advisory Committee on the Rules of Civil Procedure will no longer create forms.

URCP084 Subpoena. Amend. In conformity with Rule 84’s repeal, makes a technical amendment to paragraph (A)(1)(E).

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/.

Notice of Proposed Amendments to Utah Code of Judicial Administration

The Utah Judicial Council invites comments to the following proposed amendments to Utah Code of Judicial Administration. The comment period expires February 17, 2017.

Utah Code of Judicial Administration

CJA01-205. Standing and ad hoc committees. Amend. Creates a new Judicial Council Standing Committee on Forms; provides committee composition. Expedited under Rule 2-205.

CJA02-212. Communication with the Office of Legislative Research and General Counsel. Amend. Limits and changes the timing of the notice requirement to the Office of Legislative Research and General Counsel of the Court’s draft rules.

CJA03-117. Committee on Court Forms. New. Establishes the charge for the new Judicial Council Standing Committee on Forms. Expedited under Rule 2-205.

CJA04-103. Civil calendar management. Amend. Pursuant to Cannon v. Holmes, 2016 UT 42 and Civil Rule 41, requires that all orders of dismissal entered under the rule must contain the language “without prejudice.”

CJA04-202.02. Records Classification. Amend. Makes dismissals in criminal cases private except in limited circumstances.

How to View Redline Text of the Proposed Amendments

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/.

NOMINEE NAMED TO FILL ROY CITY JUSTICE COURT VACANCY

Roy, UT— The Weber County Nominating Commission has announced the appointment of Trent Dee Nelson to fill the Roy City Justice Court vacancy. The position will replace Judge R. Scott Waterfall who retired effective Oct. 31, 2016.

Trent Dee Nelson currently serves as the Assistant City Attorney/Prosecutor for Roy City. He has previously worked as a sole practitioner in the areas of juvenile law, family law, and estate planning. Nelson is a trained domestic mediator, and has a bachelor’s degree from Weber State University in Economics, a law degree from Brigham Young University, and an MBA from Utah State University.

Nelson’s appointment to the bench is subject to completion of the court’s new judge orientation and certification by the Utah Judicial Council.

NOMINEE NAMED TO FILL HIGHLAND/ALPINE CITY JUSTICE COURT VACANCY

Highland, UT— The Utah County Nominating Commission has announced the appointment of Kelly Nicole Schaeffer-Bullock to fill the Highland/Alpine City Justice Court vacancy. The position will replace Judge Douglas Nielsen who resigned effective Sep. 23, 2016.

Schaeffer-Bullock graduated from Brigham Young University-Hawaii Campus in 2001 with a B.A., and later earned her J.D. from the J. Reuben Clark Law School at Brigham Young University in 2008. She has spent the majority of her legal career as a municipal prosecutor, though she gained civil experience when working for the law firm of Bugden & Isaacson, LLC. She also continues serve as a lecturer and researcher at BYU’s law school. Schaeffer-Bullock is a member of the Daughters of the American Revolution, and devoted to the mission of that organization.

Schaeffer-Bullock’s appointment to the bench is subject to completion of the court’s new judge orientation and certification by the Utah Judicial Council.

NOMINEES ANNOUNCED FOR FOUNTAIN GREEN JUSTICE COURT VACANCY

Fountain Green, UT—The Sanpete County Nominating Commission has selected three nominees for the vacancy in the Fountain Green City Justice Court. The position will replace Judge Ivo Peterson who resigned July 1, 2016.

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

  • Nathan Gregg Caplin, J.D., Assistant Professor at Snow College, resident of Manti
  • Leslie Ann Gallacher, J.D., Law Partner at Wood, Lindsay, Gallacher LLC, resident of Spanish Fork
  • Honorable Mark Kay McIff, J.D.,  Sevier County, Piute County and Fairview City Justice Court Judge, Attorney at Law, resident of Richfield

A comment period will be held through Dec. 27, 2016, before a final candidate is selected by the Mayor of Fountain Green City, Ronald Ivory, who has 30 days to make an appointment. The appointment is subject to ratification by the Fountain Green 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 SPRING CITY JUSTICE COURT VACANCY

Spring City, UT—The Sanpete County Nominating Commission has selected three nominees for the vacancy in the Spring City Justice Court. The position will replace Judge Ivo Peterson who resigned July 1, 2016.

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

  • Nathan Gregg Caplin, J.D., Assistant Professor at Snow College, resident of Manti
  • Leslie Ann Gallacher, J.D., Law Partner at Wood, Lindsay, Gallacher LLC, resident of Spanish Fork
  • Honorable Mark Kay McIff, J.D.,  Sevier County, Piute County and Fairview City Justice Court Judge, Attorney at Law, resident of Richfield

A comment period will be held through Dec. 27, 2016, before a final candidate is selected by the Mayor of Spring City, Jack D. Monnett, who has 30 days to make an appointment. The appointment is subject to ratification by the Spring 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.