Family Law Section

Minutes February 9, 2006

PRESENT: Rob Parrish, Russell Minas, Adam Caldwell, Stewart Ralphs, Angela Fonnesbeck, John Sheaffer, Steve Gunn, Rick Hummel, Judge Hilder, Judge Jones, Christina Miller, Harry Caston, Al Pranno, Adam Trupp, Marcie Keck.

Approval of Minutes. The minutes from the January 2006 meeting were read. Stewart moved to adopt. Judge Hilder seconded. Angela moved to amend. Minutes amended to reflect Logan newspaper instead of Ogden newspaper in the Post-Divorce Therapy topic. Approved as amended.

Outlying Member Outreach. Adam Caldwell offered ideas in which the section could reach out to members of the bar who live and practice in rural areas, including a half-day CLE and golf tournament in St. George, similar to what the Litigation Section does, and live webcast of Salt Lake CLE's to outlying areas using Legal Span.

Angela mentioned that if the monthly CLE's could be later in the day it would be more feasible for non-Wasatch Front members to attend.. Russ, Harry, Adam and Angela to comprise the ad-hoc committee, with the goal of making the April CLE available by webcast.

Monthly CLE Luncheons. The February CLE luncheon will be on the topic of bifurcating divorce actions. The April CLE luncheon topic will be on drug testing. There will be no March CLE luncheon due to the Bar's Spring Convention.

Spring Convention. Rick reports that the Spring Convention is set. The Section will have two time slots. Judge Hilder, Rick Hummel and Mark Brasher to present.

Annual Seminar. Marcie reports that we still need commitment from four presenters. We will have two sessions in the morning on parent time and child development, and a panel discussion on modifying decrees. The afternoon sessions will include a case law update and a panel discussion on rules and practice. Presenters/Panelists will include Sen. Hillyard & Rep. Fowlke, Judges Peuler, Payne, Pullan, Lubeck, Orme, Willmore, Patton, and Commissioners Evans, Thomas and Patton.

Annual Bar Convention. Steve reports that the Section is allocated two slots. The Friday session is covered but the Thursday session still needs to be filled. A possible topic is California vs. Utah procedures and the Calif. formulaic approach to alimony.

Web Site/Newsletter. Russ reports that progress is being made on the web site. The look of the web site is to change and the content to be updated. It is hoped that the new site will be online within the next 60 days. Nothing much happening on the newsletter. Russ is asking for articles.

Parties. Harry offered to host the June Section gathering. It is anticipated that it will occur on a Friday evening. Exact date TBA.

Legislative Update.

a. Expressing the EC position on Legislation. Stewart thinks the issue with the Bar Commission has been resolved. The Section is prohibited from expressing opinions on proposed legislation unless granted specific authority from the Bar Commission.

b. SB 195 – Amendments to Child Support Guidelines. The bill is generally good but does not resolve the question on how to modify non-conforming orders. It increases the combined income guidelines to $20,000 per month. The Committee voted to support this bill. The judges abstained.

c. HB 180 – Divorce Orientation. The bill would require a divorce orientation class before a person can file for divorce. EC members expressed several concerns about this bill. Some felt that domestic violence advocates would opposed this bill. Stewart proposed that we take no position on the bill. Christina moved that we take no position for new and ask Stewart to speak with Lorie Fowlke about our concerns, and that we then take a position based upon her response. Russ seconded. Adam Trupp moved to amend to make sure Rep. Fowlke knows why we have concerns, Stewart seconded. Motion approved. As amended. Judges abstained.

d. HB 148 – Defining In Loco Parentis. From the outset the EC was unanimously opposed to this bill. The consensus is that it places all emphasis on biology and none at all on the best interests of children. Rob moved to oppose. Stewart and Marcie Seconded. Motion approved. Judge Hilder and Adam Trupp Abstained.

e. HB 322 – Increase of Filing Fee for Divorce. The EC opposed when the filing fee was to be raised to $500.00. The bill was amended to make the filing fee $155.00. In light of the same there is now no opposition to the bill.

f. Other Legislation. To be handled via e-mail until the next meeting.

7. The meeting adjourned at 1:45 p.m. The next EC meeting will be held on March 8, 2006 at 12:00 p.m. at the Utah Law & Justice Center.

NOTE: CHANGE IN PROCEDURE FOR TELEPHONIC ATTENDANCE. In the future, for those who want to attend by telephone, please call 1-888-727-6732. When prompted enter Passcode 815866. Once you do this you will be joined into the conference. You no longer will be called at the time of the meeting. You need to initiate your own call to join the group.