Family Law Section

Minutes April 9, 2002

Tuesday, April 9, 2002

In Attendance:

• Harry Caston
• Helen Christian
• Karma Dixon
• Commissioner Hadley
• Brent Johns
• Judge Larry Jones (via telephone)
• Randy Ludlow
• Lori Nelson
• Adam Trupp

Excused:

• Commissioner Bradford
• Sandy Dolowitz
• Marcie Keck
• Louise Knauer
• Howard Lundgren
• Stewart Ralphs
• Kellie Williams

Guest:

• Sen. John Valentine

1. Minutes. Upon motion by Harry, and second by Lori, the January minutes were approved by unanimous vote of those present. Following motion by Helen and second by Commissioner Hadley, the March minutes were also approved by unanimous vote.

2. Budget/Section Finances. Karma provided information regarding the budget detail through 2/128/02 which she received from the accountant, indicating there were no unusual expenditures. Concern was expressed by Karma that there had been a negative balance as of June 30, 2001, and there isn't much money left at this time for the remainder of this fiscal year. There was discussion as to whether the budget figures had any correlation to section membership. Karma said there had been some decrease in membership, but she didn't feel it was sufficient to make such a drastic impact as she sees in the budget. It was pointed out that the May seminar generates revenue, but that those monies and the section dues are neither one posted until July, so they will be available for the next fiscal year. It was suggested that remaining funds be held for future committee needs.

1. Nominations for Family Law "Lawyer of the Year" and Bar Awards. In anticipation of the upcoming Annual Meeting, Karma reminded the committee that there have been no nominations received for the Lawyer of the Year award, and suggested they might also consider nominating family law practitioners for other awards sponsored by the Utah State Bar. Helen nominated Lori as Lawyer of the Year. Karma recalled there had been a previous nomination for Wayne __________. Karma will send an email to all committee members soliciting nominations for the Family Law "Lawyer of the Year" and any other Bar awards for which Section members might be eligible.

2. Parent-Time (Holiday) Violations. As a follow-up to the discussion at the March meeting, committee members were asked to forward to Karma any suggestions they might have as to solutions to the problem of parent-time violations during holiday periods. She has received none so far. Karma will follow up with Kellie on the proposed letter she was asked to draft to the Presiding Judge in the Third District requesting the matter be placed on the agenda for the next judges' meeting. An inquiry was made as to whether this is a problem outside the Third District, and Senator Valentine indicated that there did not appear to be any problems in this regard in the Fourth District. He was hopeful that new legislation passed this year would help alleviate some of the problems in this area.

3. Membership Subcommittee. Judge Jones reported that the committee has finalized language to be used for recruiting member applicants, and they just need to have access to places for distribution, i.e., as previously discussed, on the brochure for the May meeting. He has sent the language to Karma, and she will include it on the web page. He would like to see a strong effort to fill the four empty seats by the May annual meeting.

Karma reminded the committee that there currently is no chair-elect. Lori then nominated Adam to the office of secretary, and following a second, Adam was elected by unanimous vote of those present. According to the current bylaws, this makes him chair-elect for the following year.

4. Subcommittee Reports

1. CLE Subcommittee - April lunch. No one on the committee has seen anything yet advertising the April luncheon. It was thought that the meeting was to be held in conjunction with the ADR group, who would be providing the program. Karma will contact Kellie to see what is on the agenda and what has been done to advertise this meeting.

Sen. Valentine pointed out that the current statute mandating ADR will sunset and expire on 6/30/03 unless renewed by the Legislature. It was not renewed during the past session, but the Judiciary Committee will consider the issue at their April 25 interim meeting. He encouraged committee members to attend and express their viewpoint on the matter.

2. Legislative Committee. Lori deferred to Sen. Valentine to report on legislation passed in the recent session relating to family law. Sen. Valentine pointed out two specific bills, HB 196 (Divorce and Parent-Time Revision) and SB 87 (Visitation Rights of Grandparents), which will have a major impact on family law practitioners. He also said that SB 171, dealing with arbitration matters and allowing an arbitrator to award punitive damages in some cases, should be of interest to Section members.

Karma mentioned the bill proposing creation of an Office of Visitation, which did not pass during this session. The idea is on the interim study list of either the Health and Human Services or Judiciary committee, for possible re-introduction next year. She indicated that there would be a large fiscal note attached to such a proposal, and that there would be no federal funding available.

Lori reported that a bill limiting children's testimony in divorce hearings passed, but was amended from the original version.

Senator Valentine cautioned that often bills are amended, so Section officers and members must be constantly aware of what is happening on proposed legislation, and they should keep in contact with legislators to make them aware of their position. Recognizing this, Karma has provided a link on the web page to the legislative website so that Section members can easily track legislation and respond, if necessary, in a timely manner.

3. Child and Family Standing Committee. Adam reported that the committee has had a continuing discussion of protective order modification and juvenile court referrals. They are looking at ways change can be effected and more services made available. He indicated they are still in the early stages in their discussion. Karma stated she felt the focus of the committee may be changing because of prior opposition, but perhaps not in the way it should be changed. Judge Jones stated that a problem exists where judges feel they cannot talk with one another about a case, and there is a protective order in adult or juvenile court. The next meeting is scheduled for April 11, where they will continue to open up discussion to get input from all interested groups in order to get as broad a perspective as possible. Karma strongly urged committee members to seek to sit on this and other committees in order to have more eyes and ears on what is being done. She, herself, has repeatedly requested being included on this standing committee, but as yet has heard nothing. The next meeting will be held at noon, April 11, at the Matheson Courthouse, and Adam stated that no one needed an invitation to.

4. Annual Seminar Subcommittee. Helen reported that the agenda is completed, everything is on track and publicity will go out soon.

5. Web. Karma has been working on a total revision of the old website. She plans to include on component which will be available to members of the Family Law Section only. This site is intended to provide information which will enhance and be a tangible benefit of Section membership. She previously distributed to committee members the restricted web address which would allow them to preview the proposed structure and content of the site. Lori indicated she had looked at the site, it looked good, and she thought the available links would be helpful. However, she felt there should be more color and graphics, to which Karma replied that the project is still in the developmental stage and there would be much more done in that area. Karma also pointed out that there were specific areas of law where she did not feel she should necessarily be the person writing the content, so she would be asking others to address those topics. She will again distribute the restricted web address and asked the other committee members to review the site and get feedback and comments to her. She is excited about the increased communication possibilities which the web page will provide to and between not only Section members, but the public as a whole.

6. Other Business. There being no further business to come before the committee, the meeting was adjourned at 12:55, with a reminder of the Annual Meeting and Seminar on Friday, May 10, 2002.