Appellate Practice

Meeting Minutes: December 2005

In attendance: Judge Gregory K. Orme (Court of Appeals); Kenneth A. Bronston (Chair); Jeanne B. Inouye (Secretary/Treasurer); Kate A. Toomey (Council Member)

Excused: Tawni J. Sherman (Chair-Elect); and Lori J. Seppi (Council Member)

Action and information items:

1. Judge Gregory K. Orme, who served once before, has again joined the committee. He has accepted the committee’s invitation to serve as an ex-officio member, representing the judiciary.

2. Jeanne presented a financial report.

a. The report indicates a yearly income to the section from dues of approximately $1120. This represents the dues of 140 dues-paying section members of $10 each ($1400) less 20% to bar for administrative costs, for a total of $1120. The section had $10,323 at the beginning of fiscal year 2004-2005 and $11,133 at the end.

b. The section accrued a loss of approximately $253 on its July 19, 2005 luncheon and business meeting.

c. The David Frederick CLE seminar and luncheon resulted in an approximately $2228 loss. The appellate section’s share of that loss was approximately $1063.

3. CLE luncheon with newly-appointed Court of Appeals Judge Carolyn McHugh. The CLE luncheon will be held Friday, January 20, 2006, at the Law and Justice Center. Judge Orme will moderate.

4. Liaison with judiciary. Judge Orme agreed to serve as a liaison between the appellate section and the members of the bench. Ken will email information regarding section-sponsored activities to Judge Orme, who will, in turn, email to Utah judges and justices information about the bar/bench activities that would likely be of interest to them.

4. Presentation by a professor of logic. Ken reported that he had heard Brett G. Scharffs, BYU professor of law, speak about law and logic at the Attorney General’s CLE. He felt the presentation was very useful. Judge Orme also commented that Professor Scharffs would be a good speaker.

Ken delivered Tawni’s report of her conversation with Judge Ruggerio Aldisert, the author of Logic for Lawyers, who was both sharp and personable. The estimated cost to bring Judge Aldisert, who is now 87 years old, to Utah is approximately $2000, including his honorarium, as he travels with his wife, who assists. Ken will ask Tawni to obtain information on some of Judge Aldisert’s recent seminars before the committee decides whether to invite him to present.

5. Panel of court clerks and administrators. Kate spoke with Mattie Branch, who agreed to speak with Pat Bartholomew and Lisa Collins and also with Michelle Mattson, appellate mediator. Mattie will act when we have selected a date.

6. Presentation on habeas petitions. Kate spoke to Tom Brunker, who is willing to spearhead this event when we have a date.

7. Presentation on professionalism standards. At our last meeting, Tawni agreed to contact Justice Michael Wilkins, who has written an article for the bar magazine on this topic. Suggested dates are Wednesday, Thursday, or Friday, April 12, 13, or 14, or Thursday or Friday, April 20 or 21, 2006. Ken will ask Tawni to report on this matter at our next meeting.

8. “Star of the Appellate Bar” CLE. Tawni volunteered at our last meeting to approach Michael Zimmerman about inviting Seth Waxman for our September 2006 "Star of the Appellate Bar" CLE. Ken will ask Tawni to report on this matter at our next meeting.

9. Panel of staff attorneys about their work and their suggestions for appellate practitioners. Ken will contact Karen Thompson. Suggested dates are Thursday and Friday, March 16 and 17, and Monday and Tuesday, March 20 and 21, 2006.

10. Assistance for appellate practitioners who are new or who have questions. Kate reported that she had contacted Frank Carney and the Utah Trial Lawyers to find out how their assistance program works. The Trial Lawyers work off a list-serve, answering submitted questions. Mr. Carney reported that the services takes a very large time commitment and that attorneys seeking assistance often ask routine questions that they answer themselves by referring to the rules.

Kate also participates in a list-serve for ethics questions. She indicates that the service can be time-intensive. This item was tabled for now.

11. Section participation in bar meetings. Ken has asked Diana Hagen to present a section on appellate practice at the bar meeting in Newport Beach in July. She has accepted the invitation. Kate states that Diana will be scheduled to give a “nuts and bolts” presentation that will qualify for new lawyer CLE credit. Ken informed Diana that she should try to keep costs within $1000. Kate will get Diana’s biographical information and will introduce her when she presents.

12. Audio streaming. Ken and Bonnie Hill, who is operating a pilot streaming program for the Attorney General’s Office, met with Toby Brown, director of communications for the bar, and Lincoln Mead, webmaster for the bar, about this matter. They determined that their contact should be Kim Allard, director of information services for the Administrative Office of the Courts. Ken will continue to pursue this matter. Ken foresees that the Bar would sponsor any streaming program for all lawyers.

Jeanne noted that access to the archived oral arguments, usually available in the Attorney General’s Office within twenty-four hours following argument, is very helpful and may be an easy and inexpensive alternative if real-time streaming does not work out.

13. Governmental Relations Committee invitation. The Governmental Relations Committee of the Utah Bar extended an invitation to the section to participate in their work. After a brief discussion about the nature of that work and any likely juncture with the work of the Appellate Section, the Executive Committee voted to decline the invitation.

14. Next meeting on Tuesday, February 14, noon, at the Matheson Courthouse. Bring a brown bag lunch. Meet at the Court of Appeals office.