Nominee Named to Fill Fairview City Justice Court Vacancy

NOMINEE NAMED TO FILL FAIRVIEW CITY JUSTICE COURT VACANCY

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

Mark McIff is currently the Justice Court judge in the Sevier and Piute County Justice Courts. He is 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. 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 has served as the chair of the Sevier County Republican Party. He Resides in Richfield with his wife, Stacee, and two daughters.

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Nominee Named to Fill Kane County Justice Court Vacancy

NOMINEE NAMED TO FILL KANE COUNTY JUSTICE COURT VACANCY

Kane County, UT— The Kane County Nominating Commission has announced the appointment of Judge Gary L. Johnson to fill the Kane County Justice Court vacancy. The position will replace Judge F. Kirk Heaton who will retire effective June 30, 2016.

Gary Johnson is a fourth generation Kane County native and has resided in Kanab for the majority of his life. Johnson graduated from Kanab High School and received a Bachelor of Arts degree from Southern Utah University. Johnson Served as judge for the Kanab City Justice Court from 1998 until the court was dissolved in 2014. Since then he has served as Judge Pro Tem for the Kane County Justice Court. He also served a two-year term as the tribal Judge for the Kaibab Band of Paiute Indians.

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Free Documentary and Panel Discussion on Supporting Elderly Caregivers

FREE DOCUMENTARY AND PANEL DISCUSSION ON SUPPORTING CAREGIVERS

WHAT: Americans are living longer than ever before. Who will take care of those who can no longer care for themselves? How will the nation adapt to ensure that adequate care can be provided for both the caregivers and for those being cared for? Free documentary film screening of “Caring for Mom and Dad” and panel discussion.

WHEN: Wednesday, April 20 at 6:00 – 8:00 p.m.

WHERE: Provo Recreation Center, 320 W. 500 North, Provo. East entrance, Multi-purpose room.

WHO: Representatives from Utah State Courts, Utah Chapter of the Alzheimer’s Association and the Department of Health.

For information call 801-578-3925 or visit https://www.utcourts.gov/howto/family/gc/

Chief Justice Matthew Durrant Elected to Second Term

CHIEF JUSTICE MATTHEW DURRANT ELECTED TO SECOND TERM

Salt Lake City, UT — Utah Supreme Court Justice Matthew B. Durrant has been elected to serve a second term as chief justice by a unanimous vote of his fellow justices.

Justice Durrant was appointed to the Utah Supreme Court in January 2000 by Governor Michael O. Leavitt. He was selected as Chief Justice in 2012 when then Chief Justice Christine Durham stepped down from that role, but chose to stay on the Utah Supreme Court.

Once elected by a vote of the justices, the chief justice serves a four-year term. The chief justice presides over the Utah Supreme Court, as well as the Utah Judicial Council, which oversees the administrative operations of Utah State Courts.

“I feel privileged to work with four colleagues who are not only exemplary jurists, but remarkable human beings. I am deeply honored by the trust they have placed in me,” Durrant said.

Before his appointment to the Utah Supreme Court, Justice Durrant served as a trial judge in the Third Judicial District. He was the founding chair of the Supreme Court’s Professionalism Committee and has chaired the Judicial Council’s Technology Committee. In addition, Justice Durrant chaired the Supreme Court Committee charged with the revision of the Code of Judicial Conduct. He received his law degree from Harvard Law School in 1984, and has taught as an adjunct professor at Brigham Young University’s J. Reuben Clark Law School.

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Judges to Determine Need for Grand Jury

Cedar City, UT — A panel of judges is scheduled to meet on May 12, 2016, to hear testimony to determine if reasonable cause exists to call a grand jury. The meeting will take place at the Cedar City Courthouse, 40 North 100 East, Iron County.

Those wanting to testify before the panel of judges should contact District Court Administrator Debra Moore at (801) 578-3800 by May 2, 2016, to schedule an appointment. If no appointments are scheduled by May 2, 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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Nominees Announced for Fairview City Justice Court Vacancy

NOMINEES ANNOUNCED FOR FAIRVIEW CITY JUSTICE COURT VACANCY

Fairview, UT—The Sanpete County Nominating Commission has selected three nominees for an upcoming vacancy at the Sanpete County Justice Court. The position will replace Judge Ivo Peterson who will retire effective July 1, 2016.

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

  • Matthew Lamar Duffin, JD; Utah Valley University Associate Professor; Spanish Fork
  • LuAnn H Greenwell; Retired fromWells Fargo Bank; Fairview
  • Honorable Judge Mark Kay McIff; Sevier and Piute County Justice Court Judge, Attorney at Law; Richfield

A comment period will be held through April 15, 2016, before a final candidate is selected by the Mayor of Fairview City, Jeff Cox, who has 30 days to make an appointment. The appointment is subject to ratification by the Fairview 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, melisses@utcourts.gov.

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Nominees Announced for Second District Commissioner Vacancy

NOMINEES ANNOUNCED FOR SECOND DISTRICT COMMISSIONER VACANCY

Farmington, UT—The Second District Commissioner Nominating Committee has selected four nominees for an upcoming commissioner vacancy. The position will replace David S. Dillon who will retire effective June 30, 2016.

The nominees are:

  • David Benard who currently serves as an assistant attorney general, representing DCFS cases. Benard has been with the Utah Attorney General’s Office since 1999. Prior to his service in the AG’s Office he was an associate and partner with Palmer & Palmer, which changed to Palmer & Benard.
  • Thomas R Morgan who currently serves as a family law private attorney. Prior to 2006 he was with Robert Echard & Associates.
  • Andrew P. Munson who currently serves as a law clerk for US District Court Judge David Nuffer. Munson previously has served as an attorney law clerk and traffic court referee with the Utah State Courts, starting in 2010.
  • Jennifer Spangenberg who currently serves as a guardian ad litem attorney with the Office of Guardian ad Litem. Prior to that, she was with Utah Legal Services, where she served as a staff attorney and managing attorney since 2008.

A comment period will be held through April 19, 2016, before a final candidate is selected. The Utah Judicial Council must then certify the appointment within 45 days of selection. To submit written comments about the candidates, contact Jane Olsen, Administrative Office of the Courts, janeo@utcourts.gov.

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Notice of Proposed Amendment to Utah Rules of Civil Procedure

The Utah Supreme Court invites comments to the following proposed amendment to Utah Rules of Civil Procedure. The comment period expires May 20, 2016.

Summary of Proposed Amendment

Utah Rules of Civil Procedure

Rule 004. The proposed amendment eliminates the authority to serve a defendant any time before trial, see St. Jeor v. Kerr Corporation, 2015 UT 49, ¶2. It also allows for and describes acceptance of the summons and complaint, which replaces the section on waiver of service, and it requires proof of service to include a copy of the summons.

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. 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.  I will publish it as soon as possible.

Please submit comments directly through the website.  Should you have any questions, please contact the committee staff person.

Supreme Court Committee Vacancies

The Supreme Court is seeking applicants to fill vacancies on two of its standing committees. To apply for appointment, complete an online application at https://www.surveymonkey.com/r/TXBZHJ7. Be sure to click “done” at the end to submit the application, and you will be directed to the court’s main page. Then send by email a brief resume to Tim Shea, Appellate Court Administrator, at tims@utcourts.gov. Adobe PDF files are preferred. Be sure to identify the committees that you are applying for.

Applications and resumes must be received by 5:00 pm Friday, April 22, 2016. The Supreme Court will make the appointments without interviews. All applicants will be notified of the results. The appointments begin July 1.

The online application lists all of the Supreme Court’s standing committees, but there are vacancies only on the following:

Advisory Committee on Rules of Civil Procedure. 2 vacancies. 4-year term.

The committee recommends civil policies and procedures to the Supreme Court after considering suggested amendments from judges, attorneys and the public. The committee usually meets from 4:00 to 6:00 p.m. on the fourth Wednesday of the month from September through May at the Matheson Courthouse. Detailed information about the committee’s work is on the Web at http://www.utcourts.gov/committees/civproc/.

Advisory Committee on Rules of Evidence. 2 vacancies. 4-year term.

The committee is comprised of attorneys and judges with civil and criminal trial experience. The committee meets as needed 5 to 6 times a year to consider new and amended Rules of Evidence, including the application of changes in the Federal Rules of Evidence in Utah state courts and changes necessitated by caselaw. The committee meets in the evening at the Matheson Courthouse.

Justice Court Judge Selection Meeting Planned

Fairview City, UT — The Sanpete County Judicial Nominating Commission has scheduled a meeting on April 4, 2016, to select a candidate for the Fairview City Justice Court to replace Judge Ivo Peterson, who will resign effective July 1, 2016. The commission will begin the meeting at 8:30 a.m. at the Fairview City Center on 85 South State Street in Fairview.

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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Nominee Named to Fill Garfield County Justice Court Vacancy

NOMINEE NAMED TO FILL GARFIELD COUNTY JUSTICE COURT VACANCY

Garfield County, UT— The Garfield County Nominating Commission has announced the appointment of the Gary Owens to fill the Garfield County Justice Court vacancy. The position will replace Judge Russell B. Bulkley who will retire effective March 31, 2016.

Owens is a lifelong resident of Garfield County. He and his wife, Karla, are the parents of four children and grandparents of nine grandchildren. Gary has loved the opportunity to live, work and play in rural Utah. Mr. Owens is retired from the State of Utah Rode Crew and currently works as a real estate agent, a part-time truck driver and is an owner of Karla’s Diner.

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

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Nominee Named to Fill Davis County Justice Court Vacancy

NOMINEE NAMED TO FILL DAVIS COUNTY JUSTICE COURT VACANCY

Farmington, UT— The Davis County Nominating Commission has announced the appointment of the John Carl Ynchausti to fill the Davis County Justice Court vacancy. The position will replace Judge Jerald L. Jensen, who resigned on October 30, 2015.

Ynchausti has served as a prosecutor for almost 20 years, and is currently the Bountiful Assistant City Attorney and Prosecutor. Ynchausti received a Bachelor of Arts degree in History with a minor in Italian from the University of Utah and a Juris Doctorate from the University of Idaho. Ynchausti has worked as a law clerk for Judge James J. May in Sun Valley, Idaho, and has worked as a civil practitioner in the fields of adoption, employment law, family law and general litigation. Ynchausti has served on several Utah State Bar committees, has been a mediator for the Utah Industrial Commission’s Anti-Discrimination Division, and is a member of the Rex E. Lee American Inn of Court. For almost 25 years he has been appointed by the Second District Court to represent patients in the civil commitment process and also serves as an Instructor on the topic of civil commitment for the Davis County Crisis Intervention Team program.

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

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Nominees Announced for Kane County Justice Court Vacancy

NOMINEES ANNOUNCED FOR KANE COUNTY

JUSTICE COURT VACANCY

Kanab, UT—The Kane County Nominating Commission has selected three nominees for an upcoming vacancy at the Kane County Justice Court. The position will replace Judge F. Kirk Heaton who will retire effective June 30, 2016.

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

  • Alan Carl Johnson; South Central Communications OSP Engineer; Panguitch
  • Gary Lowell Johnson; Judge Pro Tem for Kane County Justice Court; Kanab
  • Terry Donald Lee; Terry Lee Investigations; Cedar City

A comment period will be held through March 29, 2016, before a final candidate is selected by the Kane County Commission Chair, who has 30 days to make an appointment. The appointment is subject to ratification by the Kane County Commission. The Utah Judicial Council must then certify the appointment. To submit written comments about the candidates, contact Melisse Stiglich, Administrative Office of the Courts, melisses@utcourts.gov.

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Protect Yourself from Jury Duty Scams

PROTECT YOURSELF FROM JURY DUTY SCAMS
Utah State Courts Conduct Most Jury Duty Business by Mail

Salt Lake City, Utah— The Utah State Courts want to advise the public of a recent reported scam relating to the failure to appear for jury duty. The scam involves individuals pressured over the phone to pay for failing to appear for jury duty with cash or gift cards.

Unified Police Department has received several reports of residents receiving “spoofed” phone calls that falsely identify the caller as law enforcement. The caller also knows the victims’ names and tells them to pay a fine for failing to appear for jury duty. Victims are also told not to tell anyone about the transaction.

The Utah State Courts want to advise the public that notices for jury duty are sent by mail. Residents are then instructed by the notice to call a court number, which tells them if they are required to report for jury duty, rather than the court calling the resident.

“A court may call a resident if they are already scheduled to be on a jury, and that jury trial has been cancelled; never to collect a fine,” said State Courts Administrator Dan Becker.

More information on jury duty can be found on the Utah State Courts’ website at www.utcourts.gov/juryroom.

Residents who receive suspicious jury duty calls are asked to contact the Unified Police Department at (801) 743-7000, or their local police department.

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Notice of Proposed Amendments to Utah Court Rules #2

The Utah Supreme Court invites comments to the following proposed amendments to court rules. The comment period expires March 1, 2016.

Summary of Proposed Amendments

Rules Governing the Utah State Bar

USB 14-0807. Law student and law graduate legal assistance. Amend. Subject to some limitations, permits 2L and 3L students, as well as recent graduates within the year following graduation, to practice under the rule. Expands the areas in which students and graduates may practice. Effective January 6, 2016 under rule 11-105(5) of the Utah Code of Judicial Administration. Subject to change after the comment period.

Rules of Evidence

URE 0511. Insurance Regulators. New. Creates a privilege for insurance regulators.

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.