Family Law Section

Minutes January 8, 2003

In Attendance:

• Commissioner Susan Bradford
• Adam Caldwell
• Harry Caston
• Karma Dixon
• Steve Gunn
• Brent Johns
• Judge Larry Jones
• Russ Minas
• Lori Nelson
• Stewart Ralphs
• Adam Trupp
• Kellie Williams

Excused:

• Louise Knauer

1. Welcome. Adam Caldwell, our new representative for the 5th District was introduced.

2. Peace House. Christina Nunley from the Peace House in Park City came to explain their program and request help from the Section Members. She explained that the Peace House is a Domestic Violence Shelter. There is no cost to any person who seeks their services. The Peace House is having difficulty finding attorneys to assist the people who come there. They need attorneys to handle the divorce and custody problems but transportation to Salt Lake is difficult. They would like a large pool of people who would be willing to come to the Peace House to provide services and consultation.

Stewart asked if anyone would object to having Christina take a little time at the annual seminar on May 9 to ask for volunteers. Everyone agreed to allow her to take some time at 8:30 a.m. It was also suggested that she have an article in the Bar Journal and in any newsletter that the Section might print.

3. Minutes. The minutes need to be amended to reflect that Lori Nelson was present. With that change Lori moved for adoption. Brent seconded the motion. The motion passed unanimously.

4. Budget/Section Finances. Louise was not able to attend, but had provided a lot of information to the Executive Committee after the last meeting. The Section has $7,455.18 in the account. Stewart was uncertain whether that included all of the expenses of the Holiday Party.

The Bar may review the present policy about what they keep from the cost of seminars. They are considering a 50/50 split with the sections, but if they do so, the Section will be required to pay for services that currently are provided without additional costs.

5. CLE. The January CLE will be “The Ins and Outs of ORS”. That leaves only February and April for additional topics. Kellie agreed to contact Valerie Hale about a presentation on the High Conflict Co-parenting Education Course for February.

Karma was asked to check with the annual meeting committee about whether a CLE on mediation with unrepresented parties would conflict with their plans. If not, Karma was to contact Diane Hamilton to set a session up for April.

6. Mid-Year. We will only have one session and that is on Saturday morning. It will be a panel about how changes in the legislation will affect practice. Some topic areas to consider are how DCFS substantiations were changed in the last legislative session and how the private guardian ad litem system works. Adam Caldwell was appointed as a member of the Mid-Year Bar Committee.

7. Annual Seminar. Since the Committee members were not present, it was passed.

8. Annual Bar. Discussion of the annual Bar presentation was tabled.

9. Legislation. Lori presented HB6 the Shared Parenting bill. Concern was expressed that it eviscerates the requirement that parents meet and develop a plan. Kelly moved that the Family Law Executive Committee oppose the bill. Steve seconded the motion. Judge Larry Jones abstained and Commissioners Bradford and Hadley were not present when the vote was taken. The motion passed.

HB10, Parent-time amendments was developed by the Child and Family Law Standing Committee. Steve moved to support the bill. Adam Trupp seconded the motion. Judge Jones abstained and Commissioners Bradford and Hadley were not present for the vote.

HB167 Collection Fee Amendment, was presented for discussion. Karma indicated that the Office of Recovery Services opposes the bill because it is very difficult to implement. Russ moved to support the bill. Steve offered a friendly amendment that we would support the bill if it included a provision that “absent an order contrary”. Lori seconded the motion. The amended motion passed.

CS abatement. There was no consensus of the Executive Committee and that will be what Lori and Stewart will indicate to the legislature.

The Executive Committee had previously support the bill to make protective orders independent from the divorce decree. Lori moved that we continue that support. Steve seconded the motion. The motion passed.

There is a Joint Resolution calling for the popular election of judges. The Bar will oppose it, but the Executive Committee wanted to have a vote to show our agreement about opposition. Karma moved that we oppose the Joint Resolution. Steve seconded the motion. Judge Jones, and Commissioners Bradford and Hadley were not present for the vote. Adam Trupp abstained. The motion to oppose the Joint Resolution passed.