Appellate Practice

Meeting Minutes: December 2004

APPELLATE PRACTICE SECTIONEXECUTIVE COMMITTEE MEETING

MINUTES - December 15, 2004; 3:30 - 4:30 p.m.

In attendance: Scott M. Ellsworth (Chair), Ken Bronston (Chair Elect), Lori J. Seppi (Council member).

I Summary of Previous Meeting. Reviewed minutes of October 7, 2004 executive committee meeting.

II Appellate Court Audio Streaming: Audio streaming of Utah Supreme Court oral arguments continues to work well within the Attorney General's Office at the Heber Wells Building. Minor difficulties include: (1) computers with external speakers work better than computers with internal speakers, and (2) the operators at the Supreme Court need to activate audio streaming earlier to ensure transmission of complete arguments. The service remains limited to the Attorney General's Office because bandwidth, firewall, and cost problems continue. Ken Bronston is in contact with the Administrative Office of the Courts about the bandwidth problems. The Administrative Office of the Courts says a better assessment of bandwidth availability will be possible in January 2005 when another court project concludes. Cost of expanding service may be covered by subscriptions. It was suggested that a survey of law firms or attorneys be conducted to determine who would be interested in audio streaming and what would be a reasonable subscription price. Ken Bronston with speak to Marian Decker and Annina Mitchell about expansion of audio streaming project. The Utah Court of Appeals is not currently able to participate in audio streaming.

III Utah Rules of Appellate Procedure Primer: Kent Hart (council member) is completing the primer. When it is finished, the appellate section will schedule a one hour NLCLE to introduce the primer to the legal community and explain how it can be used to navigate through the mechanics and pitfalls of an appeal.

IV CLEs:

A. Upcoming “What Oral Advocates Do Not Understand About Oral Advocacy: How to Best Serve Appellate Judges At Oral Argument” is planned for early 2005 (perhaps February). It will be a one hour brown bag CLE. Ken Bronston will approach Justice Wilkins of the Utah Supreme Court as possible main speaker. This CLE will review what Utah appellate judges want/need from oral advocates.

B. Upcoming "The Five Rules of Successful Appellate Advocacy" is planned for October 2005. It will be a 3-4 hour CLE. Ken Bronston will approach Michael Dreeben (Deputy Solicitor General) as possible main speaker. Cost may require section to collaborate with Litigation Section. This CLE will focus on improving oral advocacy skills.

C. Upcoming “Round Table with Federal District Court Judges” is planned for a Friday at noon in April or May. It will be a one or two hour CLE. Michael Lee has approached several district court judges who are willing to participate. A specific date must now be agreed upon.

D. Ken Bronston will approach judges from the Utah Court of Appeals and justices from the Utah Supreme Court to participate in a round-table style CLE. A date for this CLE will be determined later.

E. NLCLE introducing Utah Rules of Appellate Procedure primer will be scheduled when primer is completed.

VI Next Appellate Practice Section Executive Committee Meeting: First week of March 2005.