Nominees Announced for Kane County Justice Court Vacancy

staff : March 17, 2016 4:01 am : Announcement, Notice

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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Reyes Aguilar Jr. & Carl Hernandez III to Receive 2016 Raymond S. Uno Award

staff : March 15, 2016 5:01 am : Announcement, Utah Bar News

Contact:  Sean Toomey, Communications Director, Utah State Bar,

645 South 200 East, SLC UT 84111, 801-297-7059, sean.toomey@utahbar.org

Reyes Aguilar Jr. & Carl Hernandez III to Receive 2016 Raymond S. Uno Award

Recognized for Contributing to the Advancement of Minorities in the Legal Profession.

Utah State Bar is honoring Reyes Aguilar Jr. and Carl Hernandez with the Raymond S. Uno award for professionalism, public service, and public dedication which has enhanced the advancement of minorities in the profession and the administration of justice.

Reyes Aguilar Jr. is associate dean for admissions and financial aid at the University of Utah S.J. Quinney College of Law, his alma mater where he served as an active member of the SJQ Minority Law Caucus, President of the Student Bar Association, and Teaching Assistant for the Academic Support Program.

Aguilar spends months on the road each year, traveling to college campuses across the country to recruit students, including diverse candidates. He then recruits current SJQ students to act as ‘ambassadors’ to speak with the potential recruits. After students matriculate into law school, Aguilar serves as a financial resource and mentor, enabling diverse students to complete their education.

Aguilar has developed important local ‘pipeline’ programs:

Kids Court is a very-early ‘pipeline’ program which pairs SJQ law students as mentors for a group of youngsters at Rose Park Elementary School (a Title I school with among Utah’s most diverse student body), and over the course of multiple years encourages those youngsters to complete their K-12 education and go on to undergraduate and graduate education.

Passageways to Law is a mid-point ‘pipeline’ program, recruiting, advising and assisting local high-school students considering a career in law. It includes outreach to school counselors and the students at local high schools, and brings groups of the minority students to the SJQ building for a day to attend presentations and meet with law students and faculty.

Pre-law LEAP is a late-point ‘pipeline’ program, preparing diverse undergraduate students to enter law school. The program takes a small cohort group of undergraduate students from backgrounds underrepresented in the legal profession, and takes them through a series of undergraduate courses over a three-year period, coupled with special advising, numerous meetings with minority lawyer role models, and participation in relevant events at the University and in the local community.

Also on campus, Aguilar continued his work with the SJQ Academic Support Program which provides tutoring assistance, advising, and other support to students who may benefit from the programming.

Aguilar continually and extensively serves the local and national legal community through his endless service on boards and committees that advance student interests, including extensive work with the Law School Admissions Council, which, in addition to administering the Law School Admission Test, helps connect student-candidates with law schools, and is the primary national organization influencing law school admissions processes and student preparation for seeking admission.

Aguilar has been active with the Utah Coalition of La Raza Hispanic Unity and Youth Leadership Conference and the Salt Lake County Division of Youth Services. He has also served the university in other areas, such as the Discrimination Complaints Hearing Panel and the Equal Opportunity/Affirmative Action Commission. Aguilar is an active member of the Utah Minority Bar Association and in 2003, UMBA named him as honoree of the year.

“Perhaps Reyes’ greatest legacy is the many individuals who he has helped recruit, admit, and support through and beyond law school, preparing (and always encouraging) them to carry on contributing to advancement of minorities,” commented his colleague Professor Robert L. Flores

Dean Robert W Adler said, “It is remarkable to me how well Reyes knows each of our graduating students three years after he initially reviewed their admissions application, and how many of them attribute their success during and after law school to him.”

Carl Hernandez III is an associate professor at the Brigham Young University’s J. Rueben Clark Law School, his alma mater, and the same campus where he earned his Master in Public Administration.

Hernandez rose from humble beginnings. He worked alongside his family of migrant farm workers in California’s San Joaquin Valley, learning how to prune raisin grape vineyards, and to harvest olives and oranges.

Hernandez has a distinguished legal career, with experience representing local government agencies on a range of issues including civil rights litigation, land use planning, governmental reorganizations, public contracts, eminent domain litigation, and water law. He has also represented clients on immigration issues including E-2 visas, U-visas for immigrants who are victims of crimes and petitions for asylum.

Hernandez served as an assistant dean at BYU Law School from 2001 to 2013.

He currently teaches civil rights and community and economic development law and oversees clinical experiences for law students in government and non-profit organizations.

“Carl has inspired many minority students to pursue career paths and volunteer opportunities that promote justice,” said UMBA President Michelle C. Kennedy. “A UMBA board member told me, ‘I would not be here if it were not for him.’”

As assistant dean, he oversaw the highly-selective law school admissions process. This included diversity outreach and recruitment of highly qualified law school applicants, advocating student interest in law school at national forums and fairs, and meeting the needs of minority students.

UMBA Past-President Melinda Bowen shared her personal experience working with Dean Hernandez:

Dean Hernandez was instrumental in getting my husband and me to the BYU Law School. I had been admitted, but my husband was a transfer student from another law school. As we looked at the different schools where we could both attend the following year, we met with Dean Hernandez, and he was immensely helpful. In addition to making us feel perfectly welcome at that first meeting, he continued to communicate with us and guided us through the transfer process. But it did not end there. When I began classes in the fall of 2007, Dean Hernandez went out of his way to make sure I had the resources I needed to be successful. And over the three years I was there, I watched as he did the same for countless other students, especially minority students.

In addition to his duties at the BYU Law School, Hernandez has been an active member and board member of many non-legal, minority-impacting community organizations: Latinos in Action (2012 to 2014), Timpanogos Regional Hospital (2012 – 2015), Hale Center Theater (2012 – present), Boy Scouts of America’s Utah National Parks Council Executive Committee (2011 – 2015), Zion’s Bank Advisory Board in Utah County (2008 – present), Orem City Council (2008 – 2012), Utah County Hispanic Chamber of Commerce (2007 – present), and Utah Governor’s Hispanic Advisory Council (2004-2008). Notably, he is the only minority to ever serve on the Orem City Council.

Hernandez was recently involved in advocating for the change in the Utah Supreme Court rule which allows law students to practice under the supervision of an attorney in limited cases (previously restricted to third-year students).

The award’s namesake is the Honorable Raymond S. Uno (retired from the Third District Judicial Court), who was the first president of Utah Minority Bar Association.

The Utah State Bar was established in 1931 and regulates the practice of law under the authority of the Utah Supreme Court. The 11,500 lawyers of the Bar serve the public and legal profession with excellence, civility, and integrity. They envision a just legal system that is understood, valued, and accessible to all. Visit www.utahbar.org for more information.

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Barbara G. Hjelle to Receive 2016 Utah State Bar Dorathy Merrill Brothers Award

staff : March 15, 2016 4:59 am : Announcement, Utah Bar News

Contact:  Sean Toomey, Communications Director, Utah State Bar,

645 South 200 East, SLC UT 84111, 801-297-7059, sean.toomey@utahbar.org

Barbara G. Hjelle to Receive 2016 Utah State Bar Dorathy Merrill Brothers Award

Recognized for Contributing to the Advancement of Women in the Legal Profession.

The Utah State Bar is honoring Barbara G. Hjelle with the Dorathy Merrill Brothers Award for her professionalism, public service, and public dedication which has enhanced the advancement of women in the profession and the administration of justice.

Barbara Hjelle was Washington County’s first resident female attorney and currently serves as the associate general manager and counsel for Washington County Water Conservancy District.  She oversees in-house legal work, records management, customer service, and provides general assistance to the general manager.

Prior to joining the district, Hjelle worked in private practice and managed the Washington County Office of Special Counsel for Environmental and Public Lands Issues.

Hjelle graduated cum laude from the University of New Mexico School of Law in May 1985.  She also has a master’s and bachelor’s degree in biology from the University of New Mexico.

Hjelle currently serves as the chair of the National Water Resources Association Policy Development Committee and on the Resolutions Committee of the Colorado River Water Users Association.  She is a past member of the State and Institutional Trust Lands Advisory Board, School and Institutional Trust Lands Board of Trustees, Southwest Utah Mental Health/Alcohol & Drug Center Authority Board (citizen representative), Southern Utah Bar Association, American Bar Association, Association of Trial Lawyers of America and American Association of University Women.  She has also participated as a mentor in the Utah State Bar’s New Lawyer Training Program.

“She is admired for her professionalism by her colleagues in the Washington County area,” said Women Lawyers of Utah Board member Audrey Phillips.  “Due to the nature of her positions at the District and the importance of water-related issues in Utah, she is frequently quoted in public media and has testified before the US Congress on road issues.  This has made her a visible example of a well-respected, professional, and passionate woman lawyer.”

Dorathy Merrill Brothers was the only woman in her graduation class in 1931 and the 16th woman admitted to the Bar in Utah.  She practiced law and was a member of the Utah State Code Commission, which revised the state code.  She was also active in Phi Delta Delta (a legal fraternity for women), Phi Chi Theta (a business fraternity for women), the Business and Professional Women’s Club, and the Ladies Literary Club.

The Utah State Bar was established in 1931 and regulates the practice of law under the authority of the Utah Supreme Court.  The 11,500 lawyers of the Bar serve the public and legal profession with excellence, civility, and integrity.  They envision a just legal system that is understood, valued, and accessible to all.  Visit www.utahbar.org for more information.

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Media Advisory: Davis County Kids Go to Court

staff : March 15, 2016 3:46 am : Announcement

FOR IMMEDIATE RELEASE
March 15, 2016

WHAT WILL BE THE FATE OF THE BIG BAD WOLF?

Students Will Decide

WHAT:           Utah State Court judges are encouraged to take an active part in the community to increase public understanding and promote public confidence in the judiciary. As part of this effort, Second District Court Judge Thomas Kay will be conducting a mock trial with third grade students from Endeavor Elementary.

The trial will focus on the case of Big Bad Wolf vs. Curley the Pig.

The students will play the part of prosecuting and defense attorneys, witnesses, victims, defendant, jurors, and courtroom personnel.

WHEN:           Tuesday, March 22 at 9:15 a.m.

WHERE:         Farmington Courthouse, 800 West State Street, courtroom 4

WHO:

-Second District Court Judge Thomas Kay

-Third grade students from Endeavor Elementary in Farmington will participate in the trial.

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Protect Yourself from Jury Duty Scams

staff : March 11, 2016 4:29 am : Announcement, Notice

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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Section Updates for March 2016

admin : March 8, 2016 3:36 am : Bar News

Government & Administrative Law Section

  • Please join us for the Third Annual ALJ, Government & Administrative Law Conference this coming May 5, 2016. The conference will be held at the Utah Bar, and will include breakfast, lunch and up to 5 hours of CLE credit. $35 for ALJs and members of the Government/Administrative Law Section. Come learn about the fundamentals of UAPA, GRAMA requests, and how to effectively participate in drafting administrative rules.
  • The Supreme Court at a Crossroads: A discussion with Kannon Shanmugam.
    • Date: Thursday, April 7, 2015
    • Time: 12:00 noon to 1:30 p.m.
    • Place: The Alta Club, 100 East South Temple, Salt Lake City, Utah

Cost: $40 for members of the Appellate Practice Section, the Government and Administrative Law Section, and the Utah Federal Bar Association, $50 for non-members.

Litigation Section

  • Rise & Shine – Setting the Stage at Trial: How to Write and Deliver a Compelling Opening Statement
    • Date: March 24, 2016
    • Time: 8:20am – 9:30am
    • Place: Federal Courthouse Jury Assembly Room- 351 So. West Temple
  • Litigation Section Annual Meeting is June 10-11, 2016 in Moab!
    • We will have CLE, a social reception on Friday night with the judges who have received the 2016 Judicial Excellence Award and recreational activities on Saturday. This year, we’re starting a new tradition and will be presenting a trophy to one of our fellow litigators (think Stanley Cup for attorneys). Networking and CLE can be fun!
  • Zen In Zion’s May 14, 2016

A family-friendly networking reception & retreat.

  • Salt Lake County Golf & CLE: August 12, details to follow.
  • Litigator’s Running Group: Wednesday at 6 pm May- September- additional details to follow.

If you are interested in receiving our announcements or have ideas, please email:

Heather L. Thuet
Chair of the Litigation Section
Heather.Thuet@chrisjen.com

 

 

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Notice of Proposed Amendments to Utah Court Rules – 2

staff : March 4, 2016 6:42 am : Announcement, Utah Bar News

The Utah Supreme Court and the Utah Judicial Council invite comments to the following proposed amendments to court rules. Unless otherwise noted, the comment period expires April 23, 2016.

Summary of Proposed Amendments

Code of Judicial Administration

CJA 03-0403. Judicial branch education. Amend. Gives the Management Committee authority to excuse an active senior judge applying for reappointment from completing the annual 30 hour education requirement based on good cause. To be eligible, the senior judge must have completed at least 60 total education hours in the two years preceding the effective date of reappointment.

CJA 04-0202.02. Records classification. Amend. Classifies jail booking sheets and nonresident violator notices of compliance as private. Deletes language addressing appellate brief addenda as they are governed by other rules.

CJA 04-0404. Jury selection and service. Amend. Incorporates recent amendments to the statute regarding a juror’s term of service.

CJA 04-0903. Uniform custody evaluations. Amend. Clarifies the list of professionals who may perform custody evaluations. Eliminates the provision allowing two custody evaluators to be appointed if one party resides out of state. Adds additional factors for a custody evaluator to consider when conducting an evaluation.

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/utc/rules-comment/, then scroll down to the comment box.

How to Submit Comments

You can comment by entering your comment in the box and clicking “Post Comment.” Please include the rule number at the beginning of the comment, and your name at the end of the comment. You may view other comments simply by scrolling down. It is most efficient to submit comments through the website. The comment website is public. Although all comments will be considered, they will not be acknowledged with a response.

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.

Comments are closed

Notice of Approved Amendments to Utah Court Rules – 1

staff : March 4, 2016 6:39 am : Announcement, Utah Bar News

The Utah Judicial Council and the Utah Supreme Court have approved amendments to the following court rules. The amendments are effective May 1, 2016.

Summary of Approved Amendments 

Code of Judicial Administration

CJA 03-0114. Judicial outreach. Amend. Reorders the intent language. Provides that model outreach programs shall take into account existing curricula. Requires the committee to propose and implement rather than develop policies that encourage judicial participation in outreach programs.

CJA 04-0202.02. Records classification. Amend. Deletes maiden name and mother’s maiden name from the lists of private and safeguarded information. Classifies juvenile mediation disposition notices as juvenile court social records. Notes a statutory exception to the protection of certain victim information.

CJA 04-0503. Mandatory electronic filing. Amend. Requires an attorney seeking an exemption from efiling to submit a written request to the District Court Administrator.

Rules Governing the Utah State Bar

The following proposals address changes to the MCLE rules. The most substantive proposed change allows lawyers to receive up to six hours of live continuing legal education credit for attending live, interactive webcasts that are broadcast from a Utah state courthouse to a Utah state courthouse or from the Law and Justice Center to a Utah state courthouse. The proposals also address the requirements for active Bar members living outside of Utah and practicing in other jurisdictions. The majority of the changes correct grammar and inconsistencies with other Bar rules, as well as provide clarification.

USB 14-0401. Purpose. Amend.

USB 14-0402. Definitions. Amend.

USB 14-0403.  Establishment and Membership of Board. Amend.

USB 14-0404. Active status lawyers: MCLE, NLCLE and admission on motion requirements. Amend.

USB 14-0405. MCLE requirements for lawyers on inactive status. Amend.

USB 14-0406. MCLE requirements for lawyers on active military duty. Amend.

USB 14-0407. MCLE requirements for lawyers on active emeritus status. Amend.

USB 14-0408. Credit hour defined; application for approval. Amend.

USB 14-0409. Self-study categories of accredited MCLE defined. Amend.

USB 14-0410. Accreditation of MCLE; undue hardship and special accreditation. Amend.

USB 14-0411. Board accreditation of non-approved sponsor courses. Amend.

USB 14-0412. Presumptively approved sponsors; presumptive MCLE accreditation. Amend.

USB 14-0413. MCLE credit for qualified audio and video presentations; computer interactive telephonic programs; writing; lecturing; teaching; live attendance. Amend.

USB 14-0414. Certificate of compliance; filing, late, and reinstatement fees; suspension; reinstatement. Amend.

USB 14-0415. Failure to satisfy MCLE requirements; notice; appeal procedures; reinstatement; waivers and extensions; deferrals. Amend.

USB 14-0416. Lawyers on active status not practicing law; certificate of exemption. Amend.

USB 14-0417. Miscellaneous fees and expenses. Amend.

How to View Redline Text of the Amendments

To see approved rule amendments, click on the rule number above, or click on this link to: http://www.utcourts.gov/resources/rules/approved/. Then scroll down and click on the rule number.

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Notice of Proposed Model Utah Criminal Jury Instructions

staff : March 1, 2016 3:49 pm : Announcement, Utah Bar News

The Utah Judicial Council invites comments to the following proposed model criminal jury instructions. The comment period expires April 1, 2016, but the Judicial Council encourages judges and practitioners to continuously share their experiences using any of the published instructions with the Model Criminal Jury Instructions Committee.

Summary of Proposed Model Criminal Jury Instructions and Special Verdict Forms Addressing Sexual Offenses

  1. Definitions.
    1602. Sexual Abuse of a Minor.
    1603. Unlawful Sexual Activity with a Minor.
    1604. Unlawful Sexual Conduct with a 16 or 17 Year Old.
    1605. Rape.
    1606. Rape of a Child.
    1607. Object Rape.
    1608. Object Rape of a Child.
    1609. Forcible Sodomy.
    1610. Sodomy on a Child.
    1611. Forcible Sexual Abuse.
    1612. Sexual Abuse of a Child.
    1613. Aggravated Sexual Abuse of a Child.
    1614. Aggravated Sexual Assault.
    1615. Consent.
    1616A. Conduct Sufficient to Constitute Sexual Intercourse for Unlawful Sexual Activity with a Minor, Unlawful Sexual Conduct with a 16 or 17 Year Old, or Rape.
    1616B. Conduct Sufficient to Constitute Sexual Intercourse for Rape of a Child.
    1617. Sexual Offense Prior Conviction.
    1618. Serious Bodily Injury.

SVF 1604. Unlawful Sexual Conduct with a 16 or 17 Year Old.
SVF 1613. Aggravated Sexual Abuse of a Child.
SVF 1614. Aggravated Sexual Assault.
SVF 1617. Sexual Offense Prior Conviction.
SVF 1618. Serious Bodily Injury.

How to View Text of the Proposed Model Criminal Jury Instructions

To see proposed jury instructions and submit comments, click on this link http://www.utcourts.gov/utc/muji-comment/2016/03/01/criminal-2015-03-01/, then click on the link in the post.

How to Submit Comments

You can comment by entering your comment in the box and clicking “Post Comment.” Please include the rule number at the beginning of the comment, and your name at the end of the comment. You may view other comments simply by scrolling down. It is most efficient to submit comments through the website. The comment website is public. Although all comments will be considered, they will not be acknowledged with a response.

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.

Submit comments directly through the website or to:

Jeni Wood
Email: jeniw@utcourts.gov
Fax:  801-578-3843
Administrative Office of the Courts
P.O. Box 140241
Salt Lake City, Utah  84114-0241

One method of submitting a comment is sufficient. If you email a comment, please list the relevant instruction(s) in the message line and include your comment in the message text, not in an attachment.

How to view published Model Criminal Jury Instructions

Visit http://www.utcourts.gov/resources/muji/.

How to view the Model Criminal Jury Instructions Committee’s work

Visit http://www.utcourts.gov/committees/muji-criminal/.

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Justice Court Judge Selection Meeting Planned In Kanab

staff : March 1, 2016 1:45 pm : Announcement

Contact: Melisse Stiglich
(801) 578-3844
March 1, 2016

JUSTICE COURT JUDGE SELECTION MEETING PLANNED

Kane County, UT — The Kane County Judicial Nominating Commission has scheduled a meeting on March 15, 2016, to select a candidate for the Kane County Justice Court to replace Judge F. Kirk Heaton who will retire effective June 30, 2016. The commission will begin the meeting at 1:30 p.m. at the Kane County Commission Chambers on 76 North Main Street in Kanab.

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 are being accepted from 1:30 p.m. to 2 p.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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Utah Courts Mourn Passing of Judge James Davis – Long-time Court of Appeals Judge

staff : March 1, 2016 9:09 am : Announcement, Bar News

FOR IMMEDIATE RELEASE
F
ebruary 29, 2016  

JamesDavisUTAH COURTS MOURN PASSING OF JUDGE JAMES DAVIS
Long-time Court of Appeals Judge

Salt Lake City, UT — Utah State Court judges and administrators took time to honor the passing this past weekend of a long-time leader of Utah’s judicial system.

Judge James Z. Davis was appointed to the Utah Court of Appeals by Gov. Michael O. Leavitt in November 1993. He served two terms as presiding judge of the court of appeals and retired in November 2015. He was the first judge appointed to the court of appeals who was not among the original appointees when the court was organized in 1987.

“The Court of Appeals family will miss our beloved colleague and friend, Judge Jim Davis. He was a towering presence with a personality to match,” said Utah Court of Appeals Presiding Judge Fred Voros. “His legal learning, common sense, and practical wisdom allowed him to cut right to the heart of even a complex case.”

“It was my pleasure to serve with Jim Davis for nearly 22 years,” said Utah Court of Appeals Associate Presiding Judge Gergory Orme. “He was a great guy and a treasured colleague. His thorough preparation, consistently hard work, and keen sense of humor were the hallmarks of his service on the court. He will truly be missed.”

In addition to his distinguished service on the Utah Court of Appeals, Judge Davis had a long and exemplary career in law. He received his law degree from the University of Utah College of Law in 1968. He served in military intelligence in the U.S. Army until 1970. Judge Davis was in private practice from 1971 to 1977, served as Deputy Weber County Attorney and Weber County Police Legal Advisor from 1973 to 1982, was a partner in Thatcher, Glasmann & Davis from 1977 to 1982, and a shareholder and director at Ray, Quinney & Nebeker from 1982 until his appointment to the bench. Judge Davis was president of the Utah State Bar from 1991 to 1992, served as Bar representative on the Utah Judicial Council, and was also selected by the court of appeals on three occasions to serve as that court’s representative on the Utah Judicial Council.

In 2014, Judge Davis received the Lifetime Service Award from the Utah State Bar.

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Application Period for Fairview City Justice Court Vacancy Extended

staff : February 26, 2016 11:10 am : Announcement

APPLICATION PERIOD FOR FAIRVIEW CITY JUSTICE COURT VACANCY EXTENDED

Fairview, Utah—Applications are being accepted for a Justice Court judge position in Fairview City. The position will replace Judge Ivo Peterson who will retire effective July 1, 2016.

To be considered for the position, candidates must be at least 25 years of age, a citizen of the United States, a Utah resident for at least three years, and have earned a high school diploma or GED. In addition, candidates must be a resident of the county in which the court is located—or an adjacent county—for at least six months.

Information on judicial retention and performance evaluation is posted on the Utah State Court’s website at www.utcourts.gov under employment opportunities. An application for judicial office form must be completed and is available on the court’s website. The annual salary for the position is $4,763.76 without benefits. For additional information, contact David Taylor at (435) 427-3858.

The deadline for applications is March 15, 2016 at 5 p.m. and should be sent to the attention of Melisse Stiglich, Administrative Office of the Courts, P.O. Box 140241, Salt Lake City, UT, 84114-0241, or faxed to (801) 238-7828. For an application or more information, email melisses@utcourts.gov.

Utah law requires the Judicial Nominating Commission to submit three to five nominees to the Mayor of Fairview, Jeffrey Cox, within 45 days of its first meeting. Mayor Cox then has 30 days in which to make a selection. The selection must then be certified by the Utah Judicial Council.

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Proposed Amendments to Utah Court Rules

staff : February 18, 2016 12:55 pm : Announcement, Utah Bar News

The Utah Supreme Court and the Utah Judicial Council invite comments to the following proposed amendments to court rules. Unless otherwise noted, the comment period expires April 1, 2016.

Summary of Proposed Amendments

 Appellate Efiling Rules

 The model for e-filing may change as the courts and lawyers gain experience, but the following points describe the main features of the model that we anticipate:

  •          As in the district court and in the juvenile court, e-filing in the appellate courts will be optional when it is available, with mandatory e-filing by lawyers about 2-4 months after that. The AOC will host e-filing. There will be no third-party service providers, as there are in district court.
  •          Self-represented parties will continue to file and serve documents by traditional means, but will be encouraged to e-mail them to the court and to the other parties.
  •          Printed courtesy copies of some briefs will be required. Otherwise only a digital file will be filed.
  •          As in the district court, e-filing a document has the effect of serving the document on other e-filers. Self-represented parties will have to serve and be served using traditional means, which will include email. Unlike URCP 5, service by email on a self-represented party will not require the party’s agreement.
  •         The transcriber will electronically file the transcript, as is now the case.
  •          The record in the review of an administrative agency will be assembled either as a digital or paper file, depending on the capability of the agency, and delivered to the appellate court.
  •         There will be no traditional assembly of the record on appeal from the district court or juvenile court nor an electronic equivalent of assembly into a single digital file. Exhibits offered or introduced as evidence and not electronically filed in the trial court will be sent to the appellate court in the traditional way.
  •          The digital records of the district court and juvenile court will be available to lawyers, self-represented parties and the courts through the courts’ e-filing systems. A digital file of assembled agency records will be available to lawyers, self-represented parties and the courts as a digital file. A paper file of assembled agency records will be checked out of the agency or the appellate court in the traditional manner. The court will print select portions of a digital file for a self-represented party upon request and a showing of need.
  •          Citations in briefs and other appellate filings to the trial court record will be by the number of the document in the trial court docket and the relevant page number within the document. The citation to the trial court record will be a link to the relevant page of the document. Citations to the record of an administrative agency’s digital or paper file will be by citation to the relevant Bates number or page number of the file. The IT department of the AOC has developed an application to simplify the process of creating links, and the application will be publicly available.
  •           A traditional signature on filings will be permitted but not required. The effective signature is the filer’s electronic signature, which is governed by Title 46, Chapter 4, Uniform Electronic Transactions Act. The filer’s electronic signature carries all of the representations and consequences of a traditional signature.

StandingOrder 08. As to establishment of a pilot program to require submission of electronic courtesy briefs to the Utah Supreme Court and the Utah Court of Appeals.

CJA 05-0201.  Requests for enlargement of time by court recorders and transcribers. Amend.

URAP 003. Appeal as of right: how taken. Amend.

URAP 005. Discretionary appeals from interlocutory orders. Amend.

URAP 009. Docketing statement. Amend.

URAP 010. Motion for summary disposition. Amend.

URAP 011. The record on appeal. Amend.

URAP 012. Transmission of the record. Amend.

URAP 013. Notice of filing by clerk. Amend.

URAP 014. Review of administrative orders: how obtained; intervention. Amend.

URAP 016. The agency record on appeal. New.

URAP 019. Extraordinary writs. Amend.

URAP 020. Habeas corpus proceedings. Amend.

URAP 021. Filing and service. Amend.

URAP 021A. Hyperlinks. New.

URAP 022. Computation and enlargement of time. Amend.

URAP 023. Motions. Amend.

URAP 023B. Motion to remand for findings necessary to determination of ineffective assistance of counsel claim. Amend.

URAP 023C. Motion for emergency relief. Amend.

URAP 024. Briefs. Amend.

URAP 025. Brief of an amicus curiae or guardian ad litem. Amend.

URAP 026. Filing and service of briefs. Amend.

URAP 027. Form of briefs. Amend.

URAP 029. Oral argument. Amend.

URAP 034. Award of costs. Amend.

URAP 035. Petition for rehearing. Amend.

URAP 036. Issuance of remittitur. Amend.

URAP 039. Duties of the clerk. Amend.

URAP 041. Certification of questions of law by United States courts. Amend.

URAP 042. Transfer of case from Supreme Court to Court of Appeals. Amend.

URAP 043. Certification by the Court of Appeals to the Supreme Court. Amend.

URAP 047. Transmission of record; joint and separate petitions; cross-petitions; parties. Amend.

URAP 048. Time for petitioning. Amend.

URAP 050. Brief in opposition; reply brief; brief of amicus curiae. Amend.

URAP 051. Disposition of petition for writ of certiorari. Amend.

URAP 053. Notice of appeal. Amend.

URAP 054. Transcript of proceedings. Amend.

URAP 055. Petition on appeal. Amend.

URAP 056. Response to petition on appeal. Amend.

URAP 057. Record on appeal; transmission of record. Amend.

URAP 058. Ruling. Amend.

URAP 059. Extensions of time. Amend.

URAP 060. Judicial bypass appeals. Amend.

 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/utc/rules-comment/2016/02/18/appellate-efiling-rules/, then scroll down to the comment box.

 How to Submit Comments

You can comment by entering your comment in the box and clicking “Post Comment.” Please include the rule number at the beginning of the comment, and your name at the end of the comment. You may view other comments simply by scrolling down. It is most efficient to submit comments through the website. The comment website is public. Although all comments will be considered, they will not be acknowledged with a response.

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.

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Nominees Announced For Garfield County Justice Court Vacancy

staff : February 17, 2016 3:05 pm : Announcement

FOR IMMEDIATE RELEASE

February 17th, 2016

Contact:   Geoffrey Fattah
(801) 578-3994
Cell: (801) 712-4545

NOMINEES ANNOUNCED FOR GARFIELD COUNTY JUSTICE COURT VACANCY

Panguitch, UT—The Garfield County Nominating Commission has selected three nominees for an upcoming vacancy at the Garfield County Justice Court. The position will replace Judge Russell B. Bulkley, who will retire effective March 31st, 2016.

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

·         Alan Carl Johnson, South Central Communications OSP Engineer; Panguitch

·         Gary Dene Owens, D&B Real Estate, Bob Orton Trucking and Karla’s Diner owner; Panguitch

·         Honorable Timothy Byrne Smith, Panguitch City Justice Court Judge, Garfield Memorial Hospital Director of Pharmacy; Panguitch

A comment period will be held through March 2nd, 2016, before a final candidate is selected by the Garfield County Commission Chair, who has 30 days to make an appointment. The appointment is subject to ratification by the Garfield 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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Students Can Learn What It’s Like to be a Judge for a Day

staff : February 17, 2016 12:35 pm : Announcement

FOR IMMEDIATE RELEASE

February 17, 2016

Contact: Geoffrey Fattah
(801) 578-3994
Cell:    (801) 712-4545

Students Can Learn What It’s Like to be a Judge for a Day

Salt Lake City —The Utah State Courts are planning the 11th Annual “Judge for a Day,” program in recognition of Law Day, which will be celebrated on May 2, 2016. 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 “Miranda: More than Words.”  The words, “you have a right to remain silent,” have become ingrained in popular U.S. culture, but there is more to these constitutional protections. The Law Day theme allows an opportunity to explore a citizen’s rights when taken into police custody.

Students selected to participate in the program will be paired with a judge in one of the state’s eight judicial districts for one day in either April or May. The students will be given a behind-the-scenes look at court operations, which include observing court proceedings and a judge at work.

Students are asked to submit an application form by March 14, 2015. Application forms and additional information are available on the court’s Web site at www.utcourts.gov/media/lawday.

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