Utah State Bar News & Announcements

The Supreme Court and the Judicial Council invite comments to proposed amendments to the following court rules. The comment period for URAP 15 expires December 7, 2009, and the comment period for Rule 4-404 and the Petition to Increase Bar Admission Fees expires January 4, 2010.

Summary of proposed amendments

Petition to Increase Bar Admission Fees.
There are no rule changes involved, but the Supreme Court invites comments on this proposal.

Code of Judicial Administration
CJA 04-0404. Jury selection and service. Amend. Provide for biannual jury analysis to the Judicial Council in October rather than August.

Rules of Appellate Procedure
URAP 15. Petitions for review in tax cases. New. Provides for stay of a tax appeal in the Supreme Court if case is also before the district court on a petition for judicial review. This rule is being published for comment for a second time after substantial revisions. In order for the Supreme Court to act before the end of the year, the comment period closes December 7, 2009.

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's more efficient for us if you submit comments through the website, and we encourage you to do so. After clicking on the comment link, you will be prompted for your name, which we request, and your email address and URL, which are optional. This is a public site. If you do not want to disclose your email address, omit it. Time does not permit us to acknowledge comments, but all will be considered.

Submit comments directly through the website or to:

Tim Shea
Email: tims@email.utcourts.gov Please include the comment in the message text, not in an attachment.
Fax: 801-578-3843
Administrative Office of the Courts
POB 140241
Salt Lake City, Utah 84114-0241

One method of submitting a comment is sufficient.

I want to offer an earnest “thank you” to the wonderful attorneys and paralegals who graciously gave of their time and expertise at the free legal clinic last week at the St. Vincent de Paul Community Center. On a cold and snowy day, we served a hardy hot lunch and distributed mittens to hundreds of homeless and low income people and we remained at the Center well into the afternoon, providing free legal assistance to 50-60 individuals. Local newspapers and television news acknowledged our efforts. http://webster.utahbar.org/news/2009/10/ksl_news_attorneys_volunteer_t.html
Thanks to our event co-chairs, Candice Vogel and Dave Hall.

Try to always have a pro bono case. You will be a hero to someone. Rule 6.1 of the Rules of Professional Conduct establishes an aspirational goal of 50 hours per year or a contribution in the equivalent of ten dollars per hour to organizations that represent our needy, such as “…and Justice for All.” Pro Bono work provides additional benefits for those of us who are currently underemployed to stay involved

Continue reading "November 2009 e.Bulletin" »

By Peg McEntee
Tribune Columnist

Updated: 10/29/2009 08:00:16 AM MDT

Peg McEntee (The Salt Lake Tribune)Leonard W. Burningham is a tall, rangy guy, and you can just see him cooking up tubs full of turkey dressing to help feed the homeless during the holidays.

It's something the securities attorney has been doing since 1979, and this year, he wants every attorney in Salt Lake County, if not the state, to provide a full meal for those in need.

And why not? "There are more attorneys than there are people," he jokes.

It's not just about food, either: Burningham, his family, friends, lawyers, firms and court personnel also will, as they have in the past, collect clothing, household goods and personal care kits for those who need them.

OK, OK, I can hear the lawyer jokes already. But this is a good thing.

It all started that first Thanksgiving, when Burningham was alone, his family out of town. He went out and bought a couple of cases of eggnog and headed for the Eagle Ranch Ministries' Jennie Dudley and her makeshift kitchen under the 400 South viaduct.

There were hams and turkeys and luscious pastries, he said. But the meal needed mashed potatoes and particularly dressing, which Burningham, an avid cook, considers to be one of his specialties.

Through the years, Burningham's crusade expanded to the Rescue Mission, the YWCA's shelter for abused women and children and the Utah Food Bank.

"It just kind of grew," Burningham says. "Court administrators, secretaries, paralegals, everybody helped."

Lincoln Mead, IT director at the Utah Bar Association, has worked with Burningham for about a decade.

"He's a really, really engaged guy who absolutely loves what he does," Mead says. "He's never lost his enthusiasm for this project. Every year he drives a little farther and a little harder."

At 68, Burningham still works at his Salt Lake firm along with his two grown sons, but tries to leave the office at about 2:30 p.m. to meet up with his 9-year-old after school for taekwondo and homework.

His work, the food-and-clothing project and his family are the fruit of "all the dreams you have when you're 25," Burningham says. "It's amazing."

And it's not just his own kids who get Burningham's attention, Mead says. One day, he mentioned that his son had gotten interested in all things military, and a couple of months later, the boy started getting Armchair General magazine, courtesy of Burningham.

"He catches on to things like that and just takes action on it," Mead says. "We see it at the food and clothing drive... there's a huge crowd behind him, helping out."

The "Twentieth Annual Lawyers & Court Personnel Food & Winter Clothing Drive for the Less Fortunate" wraps up on Dec. 18.

For information on how and when to participate, e-mail Burningham at lwb@burninglaw.com.
[or please visit www.utahbar.org/members/foodclothingdrive.html --Bar staff]

pegmcentee@sltrib.com

By Carole Mikita

Video Courtesy of KSL.com

SALT LAKE CITY -- Some Utah lawyers are joining a national movement this week to offer free legal advice to people who can't afford it. The attorneys reached out first to those in Salt Lake City who are homeless.

Members of the Utah Bar Association are participating in a national pro bono week with attorneys in 39 states. They hope, with their experience, to provide useful information to those in our community who feel they don't have a voice.

On Tuesday, 25 lawyers volunteered to serve equal parts of lunch and legal advice to people who wouldn't get either without help. The economic downturn has created more people without jobs or homes who need help.

25 lawyers volunteered Tuesday to serve equal parts of lunch and legal advice to people who wouldn't get either without help "There tends to be a lot of immigration issues, minor criminal issues, family law issues; but the whole full spectrum," says Dave Hall, co-chair of the Utah Pro Bono Week Celebration.

That spectrum also includes housing issues, disputes with landlords, employment problems--particularly with unclaimed wages--and there are family matters.

"Mom's trying to get custody of her kids, trying to get a divorce, trying to flee from a domestic abuse or violence situation; a lot of family law," explains Jose Lazaro, director of St. Vincent de Paul Basic Needs Services.

Every week an attorney volunteers a few hours of his or her time to the homeless, but it is never enough. This Tuesday, they talked, shared information and provided gloves that included the phone number for low-income legal services to each client.

The attorneys say that even in just a few minutes they can do a lot to help one of these clients.

"We can tell them which court they need to go to, which questions to ask. Sometimes they just need to fill out a form to get their benefits restarted," says Candice Vogel, co-chair of the Utah Pro Bono Week Celebration.

One man KSL News spoke with says, for him, it was at least a beginning.

"It's very helpful, because it calms you down and it just gets your mind where, if everybody can't help you, they can give you some good resources," Max says.

The attorneys are offering free legal clinics at 22 locations around the state this week. CLICK HERE for a list of times and locations.

E-mail: cmikita@ksl.com

NOMINEES ANNOUNCED FOR THIRD DISTRICT COURT VACANCY

Salt Lake City, UT--The 3rd District Judicial Nominating Commission has selected five nominees for a vacancy on the 3rd District Court bench. The position replaces Judge Sheila McCleve who retired July 1, 2009. The 3rd Judicial District is comprised of Salt Lake, Summit, and Tooele counties.

The nominees are as follows: Katherine Bernards-Goodman, of Sandy, assistant division chief, Salt Lake County District Attorney’s Office; Evelyn “Eve” J. Furse, of Peoa, senior city attorney, Salt Lake City Corporation; Steven K. Gordon, of Park City, attorney, Durham, Jones & Pinegar; Keith A. Kelly, of Salt Lake City, shareholder and director, Ray, Quinney & Nebeker; and Andrew H. Stone, of Salt Lake City, shareholder, Jones, Waldo, Holbrook & McDonough.

A 10-day public comment period will be held before the names are submitted to the Governor. Third District Nominating Commission Chair Trina Higgins is accepting written comments regarding the nominees at the Administrative Office of the Courts, P.O. Box 140241, Salt Lake City, UT, 84114-0241. The deadline for written comments is 5 p.m. on October 26, 2009.

The commission may request further interviews or an investigation of the nominees after reviewing public comments. After the public comment period, the names will be sent to the Governor who has 30 days to select a candidate. The Governor’s nominee is then forwarded to the Senate Confirmation Committee, which reviews the nominee’s qualifications and conducts a public hearing and interview session. The Senate Confirmation Committee will forward the final nominee to the Utah State Senate, which has 60 days from the Governor’s nomination to confirm the nominee.