Family Law Section

Minutes March 12, 2002

Tuesday, March 12, 2002

In Attendance:

• Commissioner Bradford
• Helen Christian
• Karma Dixon
• Commissioner Hadley
• Brent Johns
• Judge Larry Jones (via telephone)
• Marcie Keck
• Louise Knauer
• Randy Ludlow
• Kellie Williams

Excused:

• Harry Caston
• Sandy Dolowitz
• Howard Lundgren
• Lori Nelson
• Stewart Ralphs
• Adam Trupp

Guest:

• Gay Schmidt

1. Minutes. Since some committee members had not reviewed the January minutes, action was tabled. The January minutes will be re-sent to committee members along with the March minutes for approval in April.

2. Budget/Section Finances. Karma provided information regarding the budget status through 1/31/02. She expressed concern over covering costs of the upcoming May meeting. Brent Johns indicated the May meeting in the past has paid for itself and provided additional income for ongoing costs. The largest expenditure item in this report was the December social. Kellie Williams suggested a cash bar for next December. There was discussion on the necessity of monitoring catering costs and a possible change of facility for the December activity. Kellie made a motion that the committee obtain competitive bids on catering for the next December social and, upon second, the motion passed unanimously.

1. Parent-time Violations During School Holidays. Karma introduced Gay Schmidt, a local attorney, who reviewed problems she encounters with parent-time violations during school holidays. She stated that often, by the time a matter gets through the pleadings process, the hearing date will be beyond the holiday, and the NCP loses because of short time lines and clogged court calendars. She wondered if there could be a day set aside before each major holiday when commissioners would hear emergency visitation issues. Commissioner Bradford indicated that the commissioners will generally add an emergency matter to their calendar when at all possible, but the presiding judge in each district must grant authority to commissioners to hear additional matters, including TRO's. She pointed out that there needs to be communication to the CP of the consequences which must be faced if the NCP misses scheduled visitation because NCP must resort to court action. She suggested that the most effective preventative measure would be to make the original decree and order as tight as possible. Karma stated that this is a big enough problem that the committee should try to come up with some recommendation for a solution, including seeking to have judges recognize irreparable harm when these violations occur. She asked that any suggested remedies be forwarded to her and she will pass them on to the other committee members for review, and she will put this item on the agenda for next month's meeting. Commissioner Bradford proposed that the committee ask Justices Neering and Peuler to bring this issue before the next judges' meeting, and told Ms. Schmidt she should request time to address the judges there. Judge Jones inquired if this were solely a Third District matter, and said that he would abstain from any formal request directed to Third District judges but that he would support a letter to the Child and Family Law Standing Committee on this matter. He stated that this is a long-standing issue and that the committee should approach it with a sense of history of the problem and look for a more global solution rather than limit this to the Third District. Motion by Marcie Keck that this committee designate someone to draft a letter to Justices Neering and Peuler asking that justices be proactive in treating holiday visitation violations under a TRO and recognizing irreparable harm, was amended by Kellie to include asking that, at the option of the judge, commissioners hear the TRO's. It was then seconded and passed by a majority vote. Judge Jones and Commissioner Hadley abstained. Karma asked Kellie to write the letter.

2. Annual Seminar Subcommittee. Helen indicated she would have to leave early, so gave her report at this time. The agenda for the annual seminar, set for May 10, is almost complete. They are still seeking members for a panel on one additional topic. The annual meeting will be held at 8:00 a.m., and Karma will be in charge of that meeting. Helen will finalize the seminar agenda and send out confirmation letters. Nominations are needed for the family lawyer of the year award.

3. Membership Subcommittee. Judge Jones is proposing to provide information on the web page and in any future newsletters about the committee structure, with an invitation to apply and be placed on a nominee list. Then, as a position opens up, it could be filled from this list. The key is to get the word out through these media as well as an announcement at the annual meeting. It was noted that there are four positions open currently. Karma asked that the subcommittee have something prepared for distribution so that action can be taken at the annual meeting. They will get something to the annual meeting subcommittee to be included on their mailing to Family Law Section members.

4. Subcommittee Reports

1. Newsletter Subcommittee. There have been no articles submitted for inclusion in a newsletter. Karma will prepare a brief newsletter to make section members aware of where they can access information, including the web page.

2. Web. Karma reported on progress with the web design, and distributed examples of screens that have been designed so far. She indicated the goal is to have some portals available only to members of the bar, with others open to public access. She asked for support to go forward with the web page. Marcie suggested limiting pictures and graphics to accommodate those with older computer systems. As for content, it was agreed that the more information that could be provided, the better it would be.

Louise asked that committee members be allowed to review all material before it goes on-line. Marcie questioned who would have the responsibility for maintaining and keeping the site current, and Karma indicated she would accept that responsibility as long as she is on the Executive Committee. Marcie then requested a 30-day review period with a lock-out so only committee members could access the web page, during which they would respond and comment. Kellie asked that notification to committee members as to when the site is up for review be provided not only via email, but also by telephone. Karma asked the committee to approve a link to Cindy Paul's program which automatically computes child support, at www.utahchildsupportcalculator.com. At this time, she is offering access at no charge. Marcie expressed concern as to what extent the committee would put out information over a period of several years, and possible liability issues. Kellie indicated that she needed to be excused, and stated that this would need to be discussed further when more members were present.

3. Legislative Committee

With neither Lori or Stewart present, there was no formal report on the legislative session. However, Karma reported that this year's legislature passed several bills which will have a huge impact on family law issues, and stated that members should be aware of the legislators' focus, which appeared to be concern for rights of parents, with child protection secondary. Karma will provide a link on the web page to the legislature's site so members can more easily track bills which are before the legislature. The committee also expressed sincere thanks to Lori and Stewart for their efforts during the session.

4. Child and Family Standing Committee. Karma asked committee members to let her know if they were interested in serving as a representative to this committee.

As there was no longer a quorum present, the remainder of the agenda was tabled until April.

5. Next Meeting

The next regularly scheduled meeting will be held on Tuesday, April 9, 2002, promptly at 12:00 noon, at the Law and Justice Center.

The meeting was adjourned at 1:25 p.m.