Family Law Section

Minutes August 10, 2005

PRESENT: Judge Jones, Judge Hilder, Louise Knauer, Adam Trupp, Rick Hummel, Russ Minas, Steve Gunn, Angela Fonnesbeck, John Sheaffer, Al Pranno, Stuart Ralphs

GUESTS: Rep. Scott Wyatt

Prior Minutes
Minutes from June 8, 2005 meeting reviewed. Judge Hilder pointed out that it is actually he himself that travels to Coalville to conduct domestic hearings, not a Commissioner. Stuart moved to amend the minutes to reflect the same. Louise seconded. Minutes approved as amended.

Rep. Wyatt Proposal.
Rep. Wyatt spoke about his concern about how lengthy divorces can cause stress to children and the parties and his desire to introduce legislation that would speed up the divorce process. The idea of requiring the Petitioner to file financial disclosures at the time of filing the Petition was discussed, as was the idea of the clerk immediately setting pretrial conferences, respondent financial disclosures to be filed with answers, and if custody is contested, requiring the defendant to file a list of proposed evaluators at the time of filing an answer. The disclosure requirements were universally praised, but there was concern about the other provisions. Matter tabled for further discussion with members of the Committee. The matter may be placed back on the agenda for future meetings.

EC Membership
Angela Fonnesbeck is now the First District member, John Sheaffer is an at-large member. Susan Bradford is now an at-large member, switching from her former membership as Commissioner. A re-vote was taken on Al Pranno's nomination since that last vote was informal, and not taken at a regular meeting with notice. He was unanimously elected as a member at-large. Discussion was held on who should be contacted about the vacant Commissioner slot. Russ to contact Rob Parrish to see about his filling the vacant Commissioner slot.

Legislative Update
Steve spoke about Sen. Hillyard's comments at the Bar Convention re upcoming legislation. There is the possibility of legislation to update the child support guidelines so that it covers combined income up to $20k per month, to change split custody obligations and how they are computed, consideration of the problem of alienation by one spouse, and the degree of deference judges should give to commissioner recommendations when there are objections. Reps Wyatt and Fisher also want to up the support tables for one child. No action. Information only.

Ethics Issue.
Steve reported on the ethics question of attorney/mediators drafting the paperwork for the parties if an agreement is reached. The Ethics Committee recently issued an advisory opinion against this in a close vote. The Bar Commission thereafter asked for input on the matter from the FMS Executive Committee. Russ responded in favor of allowing attorney/mediators to draft. The Commission has decided to take the position of the Ethics Committee majority for now.

Committee Assignments.
Steve handed out a committee assignment sheet, and asked for and received some input. In the absence input from those who haven't responded, Steve will simply appoint individuals to committees where needed.

Legislative Relations Committee.
The general consensus was that a Legislative and Rules Committee should be formed to provide a unified voice from the family law bar. Russ suggested that the committee be pro-active in drafting legislation in conjunction with elected representatives, as opposed to merely commenting on legislation that already has been introduced. Steve thought the committee should play a role of identifying problems, preparing legislation and proposed rules. Judge Hilder indicated that the section must work with bar counsel on certain matters to make sure that the section position does not run contrary to the Bar's position. Stuart moved to create the committee. Adam seconded. Louise offered a friendly amendment to provide that the committee coordinate with the Bar's Legislative Committee. Adam seconded. Legislation and Rules Committee approved unanimously. First order of business is to contact the Bar's Legislative Committee.

CLE Topics
Upcoming CLE luncheon topics to include the new Rule 101, and the new bankruptcy law and how it affects divorce. Judge Hilder, Marcie Keck and Louise will discuss further, as members of the Monthly Seminar Committee.

U of U Family Law Symposium
The Committee previously voted to sponsor the symposium in the amount of $500.00. Russ to ensure that the symposium receives the check from the section, and make sure that the section e-mail list is provided so that the symposium can be advertised to section membership.

Adjournment - Next Meeting.
The meeting adjourned at approximately 1:30 p.m. The next meeting is set for September 14, 2005 at noon at the Law & Justice Center.