Family Law Section

Minutes - June 10, 2009

PRESENT: Doug Adair, Lauren Barros, Commissioner Michelle Blomquist, Adam Caldwell (by telephone), Commissioner Josh Faulkner, Rick Hummel, Dixie Jackson (by telephone), Marci Keck, Louise Knauer, Judge Denise Lindberg, Lisa Lokken, Russ Minas, Dena Sarandos, Stacey Schmidt, John Sheaffer, Judge Douglas B. Thomas. Excused: Angela Fonnesbeck, Steve Gunn, Charlotte Meacham, Judge Larry Jones, Kellie Williams.

            Gifts of candy filled mugs from “And Justice For All” were distributed by Stewart Ralphs in advance of the meeting. John Sheaffer welcomed everyone to the meeting and called it to order.

            1. Minutes of April 8, 2009. The Minutes of the Family Law Executive Committee meeting of April 8, 2009, were distributed for review. Stewart Ralphs moved that the Minutes be approved and the motion was seconded by Russ Minas; there being no further discussion, the motion passed unanimously.

            2. Financial Reports. The Balance Sheets and Statements of Revenues and Expenses for the months ending March 31, 2009 and April 30, 2009, were distributed for review. John Sheaffer noted that the total stated equity of $9,499 for the period ending April 30, 2009, was within $100 of that amount during the same period in 2008, prior to disbursements for scholarships in 2008. Further, financial records do not reflect the revenue that will be posted in the Fall when the Bar records section dues, nor do the records reflect the May seminar income for 2009. Therefore, we can expect the Family Law Section to have a far greater amount of equity balance than at this time last year. Louise Knauer moved that the financial reports be accepted; Stewart Ralphs seconded. There being no further discussion, the motion passed.

            3. Guests. John Sheaffer introduced Katie Gregory, a member of the Standing Committee on Children and Family Law as our guest to report on protective order issues being studied by that committee. Ms. Gregory invited the Executive Committee’s input regarding UCA§78B-7-106(3), concerning procedure upon denial of an Ex Parte Protective Order or Petition to Modify. Copies of pertinent code provisions were distributed. Ms. Gregory noted that the pertinent code section requires the court to set a hearing and give notice to the respondent when an Ex Parte Protective Order is denied or modified, giving rise to a concern of no protection between the notice and date of hearing; further, there is an opportunity for abuse of process by the Petitioner. Practice varies between the jurisdictions as to the application of this provision. She reported that the Standing Committee is considering either deleting the code provision or making the scheduling of a hearing on the denial of an Ex Parte Protective Order optional or as part of the hearing on the Petition for Protective Order. Discussion ensued. It was the consensus of the Executive Committee that the code should provide that the scheduling of a hearing upon the denial of an Ex Parte Protective Order or Petition to Modify an Order for Protection Ex Parte should be optional or the hearing should be at the same time as the Petition for Protective Order is heard. Ms. Gregory will communicate the comments from the Executive Committee members to her Standing Committee; if there are other comments the Executive Committee members have then they may contact Ms. Gregory by phone (801-578-3929) or email: katieg@email.utcourts.gov.

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            4. Child Custody/Family Law Procedure. Judge Thomas distributed the form Acceptance of Appointment and Custody Evaluation Order proposed by the Judicial Committee charged with facilitating the child custody evaluation process. He noted that he expects these new procedures as reflected in the documents to be accepted and passed by the Judicial Council. As a matter of policy he believes they are currently being followed by all court commissioners except Commissioner Patton in the Fourth District. Judge Thomas reviewed the important changes that will be required by the new procedures and forms that are designed to shorten the child custody evaluation process and provide for relief in the event of a lack of cooperation and follow-through within the time constraints required.

            5. Rule 26/108 (proposed). Stewart Ralphs reported the current status of the proposed changes to discovery rules of civil procedure to facilitate compliance particular to family law practice. Copies of the most recent proposed changes to Rule 26/108 were distributed. Discussion ensued. Russ Minas moved as follows: that Rule 26/108 as proposed be accepted, but with additional changes to Rule 26(a)(2)(C) by deleting the additional proposed language in “b”, that proposed Rule 108(a) be amended to change “or” to “and”, that Rule 108(b) as drafted be changed to increase the 30 day requirement to 40 days, and that there be other changes to address the concern of the Attorney’s General’s Office expressed by Rick Hummel. The final re-draft is to be made by Stewart Ralphs, and will be forwarded with the cover letter as drafted to the Judicial Council on behalf of the Family Law Section. Stewart Ralph seconded. There being no further discussion, the motion was called; Judge Thomas and Judge Lindberg abstaining, the motion passed.

            6. Nomination and Selection of New Officers. John Sheaffer noted that at our April meeting the Committee was to nominate by e-mail any committee member interested in serving as Vice Chair and Secretary/Treasurer of the Family Law Executive Committee for the 2009 – 2010 Bar year, since Angela Fonnesbeck (current Vice Chair) has already been elected to the position of Chair for 2009-2010. Discussion ensured. By-Laws were reviewed. It was determined that the current Secretary/Treasurer (Lauren Barros) and current Vice Chair (Angela Fonnesbeck) are both automatically advanced into positions of Vice Chair and Chair, respectively. Therefore, the only nomination to be considered are those for Secretary/Treasurer. Accordingly, nominations of Dena Sarandos and Douglas Adair for that position were advanced. Dena Sarandos and Doug Adair having excused themselves from the room, a vote was held. Dena Sarandos was elected as Secretary/Treasurer for the 2009 – 2010 Bar year. Doug Adair was thanked for his interest, and also encouraged to consider being nominated again to serve as Secretary/Treasurer for the 2010 – 2011 Bar year.

            7. Other Business.

            a. John Sheaffer reported that the summer social has been scheduled for August 28, 2009, at a time and location to be announced by email from the Social Subcommittee.

            b. Rick Hummel requested that the committee accept his resignation, noting

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that he has enjoyed serving on the committee but has done so for a period and believes it is appropriate that he stand down; he nominated Stephanie Saperstein of the Attorney General’s Office to service as in his stead and so moved; seconded by Louise Knauer. There being no further discussion the motion passed unanimously with an expression of great thanks from the committee to Rick for his active and collegial participation as a member of the committee.

            c. John Sheaffer noted that Harry Caston has also requested that his resignation from the committee be accepted, and that Helen Christian’s position should be filled. He requested any nominations to be received before the next executive committee meeting in August in order that nominations be made to fill the position.

            8. Fall Forum. Russ Minas reported that the Family Law Section has been asked to fill a slot at the Fall Forum. He will be meeting with the Fall Forum Committee, and requests that ideas for the Forum be forwarded to him at this time. Proposed Rule 108/26 and child custody procedures appear to have broad interest as a topic.

            9. Adjournment/Next Meeting. There being no other business, the meeting was adjourned until August 13, 2009, 12:00 p.m. (noon) at the Utah Law and Justice Center pending any further notice prior to that date.