Appellate Practice

Meeting Minutes: February 2006

In attendance: Judge Gregory K. Orme (Court of Appeals); Kenneth A. Bronston (Chair); Tawni J. Sherman (Chair-Elect); Jeanne B. Inouye (Secretary/Treasurer); and Lori J. Seppi (Council Member)
Excused: Kate A. Toomey (Council Member)

Action and information items:

1. Financial report. Jeanne presented a financial report showing the balance of funds in the appellate section account over the past two years. The balance in the account has declined slightly, as the section has partially subsidized several section-sponsored CLE events during the current fiscal year.

2. CLE luncheon with Judge McHugh. Ken reported on the January 20, 2006 CLE luncheon with newly-appointed Court of Appeals Judge Carolyn McHugh, moderated by Judge Orme, and jointly sponsored by the appellate and litigation sections. Seventy-two attendees were present, making this one of the section’s most successful CLE luncheons.

3. Registration fees. The committee discussed the costs incurred by the section for meals and facilities for bar members who register for CLE events, but do not attend or pay the registration fees. For future CLE events, the section will include a notice advising that “no-shows” will be billed.

4. Audio-streaming. Ken advised that bar members and the public can access the live audio-streaming of Utah Supreme Court arguments at the link provided by the Utah State Courts website. Judge Orme will ask court personnel about the status of any contemplated audio-streaming of Court of Appeals oral arguments and report that information to the committee.

5. CLE on appellate court operations—information and suggestions for practitioners. The committee discussed a presentation on the workings of the appellate courts, possibly in the context of a panel including an appellate judge or justice, a central staff attorney from each appellate court, and the appellate court administrator or the clerks from each appellate court. This CLE would substitute for the earlier-considered CLE with court clerks and administrators, as well as the earlier-considered CLE with court staff attorneys. Judge Orme will discuss the feasibility of the presentation in the joint meeting of the two courts and report by email to the committee. Ken will follow-up on this presentation, which is tentatively scheduled for Wednesday, April 12, 2006, from 12:00 to 2:00 (lunch included).

6. Logic and legal reasoning CLE. Tawni reported her discussions about a presentation on logic and legal reasoning with Judge Ruggerio Aldisert and with Brett G. Scharffs, BYU professor of law. Because Judge Aldisert no longer travels alone, the costs of bringing him to Utah would include airfare for a second person. Tawni recommended, partly as a cost-saving measure, that we invite Professor Scharffs for this presentation. Judge Orme stated that Professor Scharffs had presented to the Judicial Conference, had been well-received, and had been invited back two years in a row. Ken reported that Professor Scharffs had also been well received at an Attorney General’s office CLE. If Professor Scharff is available, we will schedule this event for early June, probably as a three-hour CLE (lunch included).

7. Presentation on professionalism standards. The section would like to sponsor a meeting with Justice Michael Wilkins on professionalism standards. We anticipate holding a luncheon CLE in October, if Justice Wilkins is available. If Professor Scharff is unable to present in June, we will ask Justice Wilkins about his availability for that earlier date.

8. “Star of the Appellate Bar” CLE. Tawni reported that she has contacted Michael Zimmerman about inviting Seth Waxman for our September 2006 "Star of the Appellate Bar" CLE. Tawni will report further on this matter at our next meeting.

9. Presentation on habeas petitions. The committee reaffirmed its desire to host a CLE on habeas petitions, but has decided to postpone scheduling the event until other tentatively scheduled events are calendared. Kate Tooney has already spoken to Tom Brunker, who is willing to spearhead this event when we have a date.

10. Appellate section banner. As we jointly sponsor many of our activities with the litigation section, the committee determined that it would be appropriate to acquire a section banner to hang with the litigation section’s banner at these activities. Lori will investigate costs and make a proposal at our next meeting.

11. Next meeting on Tuesday, April 4, noon, at the Matheson Courthouse. Bring a brown bag lunch. Meet at the appellate clerks’ office on the fifth floor.