The dates for The Eighth Annual Southern Utah Federal Law Symposium have been set for May 7 through the 9th at the Marriott Courtyard in St. George. Please mark your calendars accordingly. We will post more details as they become available.
Please join the Litigation Section for the first annual New Lawyer Introduction to the Scott M. Matheson Courthouse on February 27, 2015. 4 hours CLE pending. The tentative schedule is set forth below:
8:30-9:30: Donut reception with Judges and Litigation Section Board
9:30-10:30: Pet peeves, best practices, and tips from the law clerks
10:30-11:15: Introduction to Resources available at the Court (Presented by Maureen Minson from the law library)
11:15-12:15: An introduction to the clerk’s office and what new lawyers should know about filing cases
12:15-1:30: Lunch and courthouse tour
1:30 to 3:00: Courtroom observation
Price: $30 for members of the Litigation Section. Become a member here
$150 for non-members.
FOR IMMEDIATE RELEASE
January 29, 2015
Contact: Nancy Volmer
UTAH STATE COURTS PLAN JUDGE FOR A DAY PROGRAM
Salt Lake City, UT—The Utah State Courts are planning the 10th Annual “Judge for a Day,” program in recognition of Law Day, which is celebrated on May 1, 2015. On May 1, 1958, President Dwight D. Eisenhower proclaimed the first Law Day as a day of national dedication to the principle of government under law.
Utah high school students are selected to participate in the program based on an essay, civic involvement resume or teacher nomination letter. For students who choose to write an essay the Law Day theme is “Magna Carta: Symbol of Freedom Under Law.” Perhaps more than any other document in human history, the Magna Carta has come to embody a simple but enduring truth: No one, no matter how powerful, is above the law.
ParkCity residents will have the opportunity on Tuesday of voting whether to retain a number of Utah state judges, including Judge Ryan Harris, who serves in Summit, Salt Lake, and Tooele Counties, and presided over the lawsuit between Park City Mountain Resort and Talisker Land Holdings, LLC. As one recent article in the Park Record suggested [PCMR v. Talisker: the Judge Faces Voters on Election Day], “[if] voters are unhappy with the judge, they could sign a de facto eviction order against Harris on Election Day.” A clever turn of phrase, but this statement suggests that voters should not vote to retain a judge where they take issue with the outcome in a specific case. We disagree. Instead, we urge voters to take a different, more principled approach.
Utah State Bar President-elect Angelina Tsu One of the Best Lawyers Under 40
National Asian Pacific American Bar Association recognizes 21 attorneys in U.S.
The National Asian Pacific American Bar Association (NAPABA) has selected 21 attorneys to receive the 2014 Best Lawyers Under 40 Award, including Utah State Bar President-elect Angelina Tsu. The award recognizes talented individuals who have achieved prominence and distinction in their respective fields while demonstrating a strong commitment to the community at relatively early stages in their careers.
Angelina Tsu, who has served on the Utah State Bar Board of Commissioners since 2010, was sworn in as president-elect in July. She co-chaired the Bar’s Committee for Civics Education and served as President of the Young Lawyers Division. She currently serves on the Boards of Women Lawyers of Utah, the Association of Corporate Counsel (Mountain West Division), and the Utah Minority Bar Foundation. She is a member of the Merit Selection Panel, which is the judicial nominating commission for Federal Magistrate Judges.
Thanks to the 200 judges, lawyers, law students, and law school staff who participated in the Constitution Day Teach-in. They taught 300 classes throughout Utah, a 50% increase from last year. Our next school civics project will be Magna Carta essay and video contests. We will present student awards at the traveling exhibit Magna Carta: Enduring Legacy 1215-2015 as it makes stops throughout Utah in April. Watch for upcoming details at http://lawday.utahbar.org/ about the contests and the exhibit schedule.
The November 20-21 Fall Forum is happening soon. See these links for the schedule and to register (you will be directed there once you are logged into your Bar account). The Ethics Forum and the Meet Your Judges Mixer on Thursday evening, November 20, is not to be missed. All state, federal, and justice court judges, as well as commissioners and magistrates, have been invited to attend.
The Utah State Bar is pleased to announce the addition of Casemaker’s suite of premium services to the Utah Casemaker library, at no cost to attorneys and paralegal members of the Bar. Now, you have access to not only Casemaker’s broad and comprehensive libraries which cover all 50 states and Federal materials, but you also have access to a suite of tools that make research faster and easier. These premium services include Casecheck+, CiteCheck, and CasemakerDigest, and these, as well as the basic Casemaker research tool, are available at no cost to members.
Casecheck+ works like Shephard’s® and KeyCite® to notify you instantly of negative treatment, and identify whether your case law citations are still good law. Casecheck+ returns both positive and negative treatments instantly as you research and links to negative treatments, so you can quickly review the citation history for both state and federal cases. It works seamlessly inside the new Casemaker and doesn’t require any extra steps to use.
SALT LAKE CITY, Utah (ABC 4 Utah)
Have you ever found yourself in need of a lawyer? Were nervous of high costs and a lack of guaranteed results? The Utah state bar has a program that could help: It’s called the Modest Means Lawyers Referral Program. John Lund talks more about the program. For more information click here.
The Utah State Bar was established in 1931. It is a non-profit organization authorized by the Utah Supreme Court to regulate the practice of law, including admissions, education , and discipline. Its 11,000 lawyers serve the public and profession with excellence, civility, and integrity. They envision a just legal system that is understood, valued, and accessible to all.
The Modest Means Lawyers Referral program was created to make lawyers more accessible to more people
The Bar has added a new Access to Justice program, complementing the Pro Bono Commission which encourages attorneys to donate free services for those with incomes less than 125% of the Federal Poverty Guidelines (Bar doesn’t coordinate referrals).
The Utah Supreme Court invites comments to proposed amendments to the following court rules. The comment period expires March 14, 2014.
Summary of proposed amendments
URCrP 007. Proceedings before magistrate. Amend. Conforms the rule to existing practices. Authorizes a magistrate to issue a material witness warrant at the same time bail is fixed. Clarifies that a material witness may not be detained if the person cannot post bail and that the witness’s testimony may be taken by deposition.
URCrP 038. Appeals from justice court to district court. Amend. Reflects that citations are now efiled and, therefore, that an abstract of a citation will be included in the record on appeal.
MESSAGE FROM PRESIDENT CURTIS M JENSEN
On 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 firstname.lastname@example.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 email@example.com.
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 firstname.lastname@example.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.
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, email@example.com, 801-297-7035 or MCLE Assistant, firstname.lastname@example.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
Pursuant to §15-1-4, the post judgment interest for 2014 is 2.13%. This rate does not apply to judgments based on contracts or statutes specifying a different interest rate. This and rates for earlier years are published on the court’s website at: http://www.utcourts.gov/resources/intrates/interestrates.htm
Summary of amendment
CJA 04-0101. Calendaring court sessions. Repeal. Annual calendars posted at the courthouse have been replaced by daily calendars published on the court’s web site.
How to view redline text of the approved amendment
To see the text and effective date of the amendment, click on this link to: http://www.utcourts.gov/resources/rules/approved/and then click on the rule number. All amendments are effective on the dates indicated. Updated versions of the rules will be posted to the main rules web page (http://www.utcourts.gov/resources/rules/) on or about the effective date of the amendments.
The Supreme Court and the Judicial Council invite comments to proposed amendments to the following court rules. The comment period expires January 24, 2014.
Summary of proposed amendments
CJA 04-0408.01. Responsibility for administration of trial courts. Amend. Makes Morgan District Court a state operation. Effective November 1, 2013 under Rule 2-205. 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 if you submit comments through the website, and you are encouraged to do so. After clicking on the comment link, you will be prompted for your name, which we request, 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.
The Supreme Court and the Judicial Council invite comments to proposed amendments to the following court rules. The comment period expires January 14, 2013.
Summary of proposed amendments
CJC Applicability. Applicability. Amend. Exempts active senior judges from complying with Code of Judicial Conduct, Rule 3.4 (Appointments to Governmental Positions). Effective November 4, 2013 under Rule 11-105(5). Subject to change after the comment period.
URAP 003. Appeal as of right: how taken. Amend. Provides that service of the notice of appeal shall be done in accordance with the service requirements of the court from which the appeal is taken.
URAP 008A. Motion for emergency relief. Renumber and amend. Renumbers rule 8A to rule 23C. Provides that a motion for emergency relief is not sufficient to invoke the court’s jurisdiction, and that a jurisdictional petition must be filed or no emergency relief will be granted.