Appellate Practice

Minutes June 13, 2006

Committee members in attendance:

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

Others in attendance:

Matty Branch, Appellate Court Administrator
Pat H. Bartholomew, Clerk of Court, Utah Supreme Court
Lisa A. Collins, Clerk of Court, Utah Court of Appeals
Kim Allard, Court Services Director
Steve L. Brown, Court Web Publisher
Bonnie Hill, Information Technology Analyst, Utah Attorney General’s Office

Action and information items:

1. Audio streaming of oral arguments and web access to archived arguments. Committee members and guests exchanged information on access to oral arguments recently made available through the appellate courts’ website.

The Supreme Court has live-streamed oral arguments since September 2003, and the website currently provides access to archived oral arguments since February 2004. The Court of Appeals has live-streamed oral arguments since March 2006, and the website currently provides access to archived oral arguments since March 2006.

Practitioners expressed their appreciation for these new services, which enable them to follow arguments from their offices. They noted that ready-access to the arguments is becoming an important educational tool for practitioners.

Archives are currently indexed by date and session number. Judge Orme asked about the feasibility of access to archives by case name, which would permit attorneys and court personnel to quickly find oral arguments. Discussion followed on the technical feasibility of indexing and accessing by case name and number. Kim and Steve agreed to study the issue this summer to determine what technical capacities the court now has and what commitment of resources would be required to set up and maintain such access. They will report at the committee’s September meeting.

Lori indicated that her office, Salt Lake Legal Defenders Association, had experienced difficulty when trying to access oral arguments. Others have had similar difficulties, especially with access to live streaming from the court of appeals. Steve noted that employees within the courts have had similar difficulties, but that a solution has not yet been found. The difficulties appear to be associated with individual receiving computers and their software. Archived copies are generally accessible to everyone.

2. Follow-up meeting. Court personnel and committee members tentatively scheduled a follow-up meeting for Tuesday, September 19, 2006, at 1:30 p.m., in the court conference room.

3. Annual business meeting. Committee members remained for a brief discussion of other matters. Ken will send section members notice of the section’s annual business meeting to be held Tuesday, August 29, 2006.

4. Law and the Limits of Logic CLE, held June 7, 2006. Committee members discussed Professor Brett Scharffs’ recent CLE. Ken noted that Professor Scharffs will send attendees an email with attachments regarding the group’s discussion of the legal reasoning at various stages of the criminal proceedings which preceded the United States Supreme Court’s 2005 decision in Roper v. Simmons, where the Court held that capital punishment of juvenile offenders violates the Constitution. Ken will convey to Professor Scharffs the committee’s appreciation for his CLE presentation.

Ken noted that the section had incurred a modest financial loss in connection with that CLE. As per our agreement with Professor Scharffs, the section will pay him $350—the speaker’s fee the section agreed to pay as a minimum. Because the session did not generate a profit, the section will not tender any additional payment.

5. Billing of CLE registrants who do not attend or cancel. Ken discussed our recent decision to bill “no shows” who register for, but do not attend section-sponsored CLE events. The committee agreed that the letter was appropriate and necessary, as costs are incurred on behalf of those who register, whether or not they attend. Registrants can avoid this assessment by notifying the Bar that they will not attend at least two days before the event. Ken drafted a letter for use by Bar staff in billing “no shows.” A copy of that letter is attached. The committee recommended deletion of the last sentence of the letter.

6. Fall CLE. Ken will approach Patricia Millet, a Deputy United States Solicitor General, who wrote an amicus brief in Brigham City v. Stuart, about giving a presentation this fall.

7. Appellate section Banner. Tawni will follow up with Tobin Hagen about graphic design for a banner.

8. Presentation on professional standards. Judge Orme noted that we needed find out when Justice Wilkins is available and schedule a date for this presentation. Tawni or Ken will contact Justice Wilkins and try to schedule a date in October.

9. Next committee meeting. We will hold the next meeting of the executive committee on Tuesday, September 19, 2006, immediately following the follow-up meeting on audio streaming.

Attachment: Draft of letter for use by Bar staff in billing of CLE registrants who do not attend or cancel

[Date]

[Name]
[Address]

Re: [“Title of program”] CLE—Reminder for
payment of registration fee

Dear ____ ,

This letter is a reminder that you have neglected to tender your payment of the registration fee for the above-referenced CLE. The records of the Utah State Bar indicate that you registered for this CLE program, but have not yet made payment. Please be aware that the numerous costs associated with CLE programs—food, room rental, speaker honoraria, postage, Bar services, and other expenses—are billed to the sponsoring section(s) based on the number of registrants. Thus, the Appellate Practice, which sponsored this event, and any other sponsoring sections, must absorb the costs for non-paying registrants. This circumstance compromises the Section’s ability to continue offering interesting, informative, and useful CLE programs to Section members at minimal expense.

Payment for this CLE program in the amount of [cost of CLE] may be made by check to the Utah State Bar. Alternatively, payment may be made by credit card through Kimberly Van Orden, Assistant CLE Coordinator (297-7032). Please be aware that you may avoid being charged for any future CLE program by notifying Ms. Van Orden two days before the event. If you have made payment for this CLE program, please disregard this letter.

Thank you for your consideration. No further reminder will follow.

Respectfully,

[name of current chairperson], Chair
Appellate Practice Section