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MESSAGE FROM PRESIDENT LORI W. NELSON
These are comments we should take to heart each day as we practice law, whether litigating or negotiating a transaction. Because we are all engaged in this mutual endeavor, we have tried, in developing our Bar meetings, to plan events that allow us to mingle and share ideas and goals. I hope to see all of you, in whatever area of practice you find yourself, at the Summer Convention in Snowmass/Aspen, the Fall Forum in Salt Lake, and the Spring Convention in St. George. |
Richard Burbidge, in speaking at Judge Shelby’s investiture to the Federal District Court of Utah, made some of the most inspiring comments on the law that I have heard in a long time. He stated that “there is no higher secular calling” than the practice of law. In courtrooms all over this country, “the great and the humble, the rich and the unwashed, not only may speak truth to power without fear of refusal, they must do so. In these rarest of arenas, truth borne by vetted evidence is the only acceptable medium of exchange.”|
MESSAGE FROM PRESIDENT LORI W. NELSON
See keynote speakers (and soon complete schedule) here: http://webster.utahbar.org/cle/summerconvention/ Plus a family carnival, a golf tournament, “mammoth” fever at the Snowmass Ice Age Discovery Center, hiking, biking, fly fishing, paragliding, four-wheeling, hot-air ballooning, river rafting, and great dining. Book your lodging and adventures now at Snowmass. Registration costs are the same as last summer—$475 early, $300 YLD, $200 paralegal—and materials will be included with the May/June Utah Bar Journal. |
April 1 changes to Rule 4-401 affecting media in the courtroom
admin : March 25, 2013 4:39 pm : AnnouncementFrom: Nancy Volmer
vog.s1368956902truoc1368956902tu@vy1368956902cnan1368956902
Sent: Monday, March 25, 2013 3:05 PM
Subject: April 1 changes to Rule 4-401 affecting media in the courtroom
Dear Media,
As many of you are aware, the Utah Judicial Council has approved a number of changes to Rule 4-401 to address media in the courtroom, which will go into effect on Monday, April 1, 2013.
There are two substantial changes to the rule that will impact the use of electronics in the courtroom. I’d like to cover a couple of the rule changes, but encourage you to read the attached copy of the rule for more detailed information.
According to the changes to the rule, the media may now request to video and audio record a court proceeding. Prior to the rule change, the media could request to have a still camera in a court proceeding. Now a TV station can request to have one video camera and a radio station can also request to have one audio recording in a proceeding. This is a pool arrangement as is currently done with print photographers. In addition, the presumption has changed, so judges must provide a reason if they decline the request for a still, video, or audio recording.
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Volunteers Sought for Supreme Court Rules Committee
admin : March 12, 2013 10:25 am : Announcement, Utah State Bar News and AnnouncementsSUPREME COURT SEEKS ATTORNEYS TO SERVE ON ADVISORY RULES COMMITTEES
The Utah Supreme Court is seeking applicants to fill potential vacancies on the following advisory rules committees:
- Advisory Committee on the Rules of Appellate Procedure
- Advisory Committee on the Rules of Criminal Procedure
- Advisory Committee on the Rules of Evidence
- Advisory Committee on the Rules of Juvenile Procedure
- Advisory Committee on the Rules of Professional Conduct
Appointments are for a four year term. Any interested attorney should submit a resume and a letter addressing qualifications to Diane Abegglen, Appellate Court Administrator, Utah Supreme Court, P. O. Box 140210, Salt Lake City, UT 84114-0210 or to the e-mail address vog.s1368956902truoc1368956902tu.li1368956902ame@a1368956902enaid1368956902 . Applications must be received no later than May 31, 2013.
Utah’s Lawyer Legislators
admin : March 9, 2013 7:06 am : In the News, Utah State Bar News and AnnouncementsThe Intermountain Commercial Record
Friday, March 8, 2013
Sean Toomey
Utah‘s Lawyer Legislators
—Attorneys of the Utah State Bar following in Lincoln’s path
The 22 lawyer legislators in the Utah House and Senate—an increase from 15 in 2012—are following in the footsteps of lawyer-politician Abraham Lincoln. While he was a Representative in the Illinois State Legislature,Lincoln taught himself law by reading cases and legal codes. Before, during, and after his time in the U.S. Congress, civil actions made up a majority of Lincoln’s law practice, so he got a sense of the problems ordinary people faced. Lincoln’s work on the circuit court in Illinois—a fifteen county, 130 square-mile district—became the root of his political education. The court traveled from one county seat to another, sometimes on horseback, sometimes in buggies or wagons, and sometimes afoot.
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KUTV’s Pay It Forward: YLD Cinderella Boutique
admin : March 9, 2013 1:47 am : Utah State Bar News and Announcements, Young Lawyer Division|
MESSAGE FROM PRESIDENT LORI W. NELSON
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Notice of Approved Amendments to Utah Court Rules
The Supreme Court and Judicial Council have approved amendments to the following Utah court rules. The amendments are effective April 1, 2013, unless otherwise noted.
Summary of amendments
Code of Judicial Administration
CJA 04-0503. Mandatory electronic filing. Amend. Requires the electronic filer to use a personal identity with an e-filing interface, rather than someone else’s. Will not prohibit a paralegal or administrative assistant from filing on an attorney’s behalf.
CJA 04-0508. Guidelines for ruling on a motion to waive fees. New. Establishes guidelines for ruling on a motion to waive fees. Requires use of court-approved forms.
CJA 11-0201. Senior judges. Amend. Removes reference to the Judicial Council’s attorney survey for certification of senior judges.
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MESSAGE FROM PRESIDENT LORI W. NELSON
Modest Means
The Utah Courts are currently seeing an explosion of cases with pro se litigants. They cannot afford full-priced legal assistance, but do not qualify for pro bono legal services either. Programs and services like public defenders, Utah Legal Services, Legal Aid of Utah, the Disability Law Center, and legal clinics throughout the state admirably provide limited legal representation for the poorest members of our community but, for a large segment of the middle class, obtaining affordable legal services is more difficult. To an increasing segment of society, we are viewed as being out of reach. We also have attorneys who are experiencing a downturn in their practices given the economy, or new lawyers looking to create or expand their practices. The Bar Commission has created a program to match the unmet need of clients and the available time of attorneys. The Utah State Bar Modest Means Program is designed to bridge the gap and match paying clients with attorneys who want to supplement their clientele, but are willing to charge lower fees to these modest means clients. The program will focus on needs most commonly encountered at the courts, including family, landlord/tenant, consumer, and criminal law. We have started taking referrals through the program and are in need of more attorneys, both to work for clients and to advise younger attorneys in need of experienced assistance; please join us at http://www.utahbar.org/modestmeans/
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Domestic Relations Cases and Probate Cases are Available for Efiling
admin : January 28, 2013 5:04 pm : AnnouncementEfiling Release Successful
Utah State courts announced that, as of January 12, 2013, domestic relations cases and probate cases are available for electronic filing (efiling).
Mandatory efiling for attorneys begins on Monday, April 1st, 2013. Utah District Courts will require that all pleadings and other papers filed by an attorney in general civil and domestic relations cases be electronically filed. Paper filings will not be accepted after Friday, March 29th, 2013. Efiling in probate cases will be mandatory beginning July 1st, 2013.
If an attorney or law firm submits, on paper, any document that is required to be filed electronically, the clerk will return the document to the filer. Read the rule below. To ensure that you are prepared and able to meet the mandatory efiling dates, open an account now and learn to efile. Certified Electronic Filing Service Providers (EFSP) are:
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MESSAGE FROM PRESIDENT LORI W. NELSON
Utah’s Lawyer Legislators
Not many of us are aware of the tremendous personal and financial sacrifices associated with being a lawyer-legislator. Long hours, limited family time and the difficulty of juggling demands make it prohibitive for most lawyers to run for office. Add time-consuming campaigns every other year, and becoming a legislator loses much of its appeal. Lawyers pay a big price, both personally and professionally, to serve in the legislature. Most claim a huge loss in time available for their families and a diminished earning capacity because of the tremendous amount of time required at the legislature and at the law office. Nonetheless, attorneys play a vital role in the legislature by virtue of the fundamental training they receive in law school. An attorney comes into the job with the knowledge and experience of the law and a lawyer’s unique ability helps them to watch for language in legislation that may be misconstrued and lose its original intention. Utah’s citizenry is well-served having 22 lawyers work as legislators.
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MESSAGE FROM PRESIDENT LORI W. NELSON
December is upon us. I love this time of year. There is so much happening and so many opportunities for doing good that the whole world seems happier. Many of you may be participating in the annual law firm competition to donate to the Utah Food Bank. Many others may be participating in Sub-for-Santa programs, or other similar programs to help those in need. Thank you for all you do to give back.
I wanted to report on the contribution to the S.J. Quinney School of Law building the commission voted to approve. The Bar will be donating approximately $49,500 to the law school building after counting the 113 individuals that opted out (which totaled $500.28 in reduction in the contribution). This building will provide many benefits to Bar members and to the Bar itself in providing space that is more conducive to our large activities with significant technological benefits. We are hoping to be able to use the building’s services to provide live, real-time CLE state wide. This will assist those in rural areas to participate in CLE programs based in Salt Lake.
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FOR IMMEDIATE RELEASE
November 30, 2012
Contact: Nancy Volmer
(801) 578-3994
Cell: (801) 712-4545
more »
FOR IMMEDIATE RELEASE
November 30, 2012
Contact: Nancy Volmer
(801) 578-3994
Cell: (801) 712-4545
NOMINEES ANNOUNCED FOR LEHI JUSTICE COURT VACANCY
Lehi, UT—The Utah County Nominating Commission has selected four nominees for a vacancy at the Lehi Justice Court. The position will replace Judge Paul Farr who is leaving Dec. 31, 2012.
Following are the nominees followed by place of employment and residence:
- Honorable Randy Birch, Heber City Justice Court Judge, Heber City
- Honorable Sydney Magid, Salt Lake City Justice Court Judge, Salt Lake City
- Doug Nielsen, Petro & Nielsen Law Firm, Spanish Fork
- Mark Smedley, Heber City Prosecutor, Heber City
A comment period will be held through Dec. 10, 2012, before a final candidate is selected by Lehi City Mayor Bert Wilson, who has 30 days to make an appointment, which is subject to ratification by the Lehi City Council. The Utah Judicial Council must then certify the appointment. To submit written comments about the candidates, contact Holly Frischknecht, Administrative Office of the Courts, vog.s1368956902truoc1368956902tu@fy1368956902lloh1368956902.
Blanding, UT—The San Juan County Nominating Commission has selected three nominees for a vacancy at the Blanding Justice Court. The position will replace Judge James Harris who is retiring Dec. 31, 2012.
Following are the nominees followed by place of employment and residence:
• Honorable Lyon Hazelton, II, San Juan County and Monticello Justice Court judge, Monticello
• Edward Johnstun, counselor, Canyonlands Youth Center, Blanding
• William Walker, Battalion Ops NCO, U.S. Army, Blanding
A comment period will be held through Nov. 19, 2012, before a final candidate is selected by Blanding Mayor Toni Turk, who has 30 days to make an appointment, which is subject to ratification by the Blanding City Council. The Utah Judicial Council must then certify the appointment. To submit written comments about the candidates, contact Holly Frischknecht, Administrative Office of the Courts,vog.s1368956902truoc1368956902tu@fy1368956902lloh1368956902.