Family Law Section

Minutes - April 8, 2009

Present: John Sheaffer, Dena Sarandos, Stacie Schmidt, Judge Denise Lindberg, Kellie Williams,
Russ Minas, Doug Adair, Stewart Ralphs, AI Pranno, Rich Hummel, Commissioner Josh Faulkner, Louise Knauer, Dixie Jackson, Commissioner Michelle Blomquist, Lisa Lokken, Steve Gunn, Angela Fonnesbeck (by telephone), Judge Douglas Thomas (by telephone) and Adam Caldwell (by telephone) Excused: Lauren Barros.

1.  John Sheaffer welcomes everyone and asks the members to review the minutes. Louise Knauer moved that the Minutes be approved; Kellie Williams seconded; the motion passed.

2.  John Sheaffer reviewed balance sheet and informed the committee that the year-to-date Family Law Section financial statements show we are within $500 from the level of funds at this time last year.

3. Subcommittee Reports:

a.  Commissioner Blomquist reported that she was strongly discouraged from seeking funds through the legislature for funding the divorce education class for children at this time, due to the current budget cutbacks and financial concerns on Capitol Hill. So no funds have been requested at this time.

b.  Louise Knauer moves to have the financial statement approved. Russ Minas seconded the motion.

c.  Legislation: Stewart Ralphs reports on legislation and circulated a summary of the Family Law Legislation 2009. The bills marked with "smiley faces" passed. There were no vetoes by Governor Huntsman. Stewart also reported that there is an increase in court filing fees for divorce actions to $360.

d.  Rule 26 and the New Rule 108. A small group recently met at Stewart Ralph's office to further draft proposed changes to the discovery rules and procedures for family law matters. There was some discussion about Rule 26 opting out pro se litigants. There was discussion that the court seems to like case management orders. The committee's proposed changes could find resistance from the judiciary. However, it was acknowledged that judges tend to treat divorce cases differently. However, the judges and commissioners on the committee are not aware of any bench position relating to this hypothesis. Commissioner Blomquist thinks that we should bring this issue back to Judge Hilder so that he sees what we are thinking in terms of changing the language of Rule 26 and implementing new rule 108. The committee deferred fmalizing the proposed changes until the June meeting when the matter will be on our Agenda for further thought and discussion.

Judge Lindberg will speak with Tim Shea regarding how to obtain the new financial declaration form.

e. Monthly Seminar: Doug Adair reported that we should start reserving dates for the seminars for next year. Doug will contact Commissioner Arnett about speaking at one of the Fall seminars on his Unwritten Rules as he requested. Doug will also ask the  Bankruptcy Section if they want our involvement in their annual September seminar as in recent years.

f. Annual Bar Convention. Steve Gunn confirmed that Brian Florence will present on Friday at the Convention on the topic: "Alimony Roulette; Is it Time for Alimony by Formula". Judge Thomas will also present "A Family Law Primer for the Non-Family Law Practitioner" .

g. Annual Family Law Seminar: Louise Knauer reported that the annual family law seminar is scheduled on the May 1. The Agenda is finalized, as are the speakers including a panel of judges for which the planning subcommittee will develop questions by the end of the week.

h. Social Subcommittee: Kellie Williams reported that the summer social has been tentatively scheduled to occur on June 5, 2009, and notice of details will be emailed as the date approaches.

i.  Russ Minas discussed the fall forum. Judge Toomey is the co-chair. She would like the family law section to present on domestic violence. Russ Minas will follow up with  Connie Howard.

j.  The election for the officers ofthe executive committee should be deferred to June. John Sheaffer will be if Lauren Barros as current secretary-treasurer would be willing to serve as vice-chair next year. If anybody is interested in being nominated or wants to nominate a committee member to serve then please let John know before the next meeting.

k.  Judge Thomas would like to report on the proposed custody evaluator rule at our next meeting and the matter will be on the Agenda.

4.  Adjournment.  There being no other business, the meeting was adjourned until, June 10th