Family Law Section

Minutes March 12, 2003

In Attendance:

• Adam Caldwell – via telephone
• Harry Caston
• Karma Dixon
• Sandy Dolowitz
• Commissioner Scott Hadley
• Judge Stephen Henriod
• Brent Johns (via telephone)
• Judge Larry Jones (via telephone)
• Marci Keck
• Louise Knauer
• Russ Minas
• Connie Mower (via telephone)
• Lori Nelson
• Stewart Ralphs
• Kellie Williams

Excused:

1. Approval of February Minutes. The February minutes need to be amended to reflect that Sandy Dolowitz was excused. With that change Lori moved for adoption. Russ seconded the motion. The motion passed unanimously

2. Budget/Section Finances. Louise reported that the current account balance as of 2/28/03 is $5,952.70. She passed out summary accounting sheets, and pointed out that the biggest reason the section doesn’t have as much money available as in previous years is in seminar profits. While meeting revenue and section dues are down modestly, the largest decrease is in the seminar profits. Louise has talked with Bar personnel about the policy which reduced the percentage of profits returned to the section, and she suggested the Committee may want to appoint someone to meet with the Bar, perhaps in conjunction with representatives from other sections, to address the issue.

Louise reported that revenues are split 50-50 after the Bar takes 5% of the gross revenue plus reimbursement for all expenses, and that this applies only to larger seminars. She was told the section would have to negotiate for a better deal. Louise and Marci will meet with the Bar to see if they can get a better deal for the May seminar, and will also ask for an itemization of income and expenses for past seminars. Sandy indicated he would have his secretary forward an itemization of expenses for seminars he handles, as they obtain services from a retail source and he believes his expenses are still lower than those being charged by the Bar.

Questions were also raised about the expenses for meetings other than the annual seminar, whether the Bar will be charging for facilities in the future, and what was covered by the 20% of section dues which the Bar keeps for administrative fees. Lori suggested an outreach program to law schools pointing out benefits of section membership, and allowing students to attend seminars at reduced fees, as a means to increase future involvement with the Family Law Section.

Kellie pointed out that the costs for the Christmas social were reduced from previous years, and that it might be possible to reduce executive meeting costs by having the members RSVP before ordering the food so there would be fewer leftovers, or having the members pay for their lunch. The committee agreed that having members RSVP and ordering food only for those who respond would be a good idea. Motion by Kellie to have members RSVP by the Thursday prior to the meeting, and ordering food only for those who RSVP, was seconded by Lori and passed by unanimous vote.

Stewart indicated he would email the Section finance report monthly with the agenda.

3. Subcommittee Reports.

a. CLE. Karma reported there was a good turnout for last month’s CLE with Val Hale, and noted it appears the attendance is better when the agenda focuses on basic training topics.

Stewart is working with Prof. Lynn Wardle of BYU on a Utah County CLE and legislative update scheduled for April 18. Since Stewart will be out of town, he will check to see if a date change would be okay with Utah County. Lori offered her assistance with this meeting. If arrangements cannot be worked out with BYU, Stewart will have someone from Legal Aid do a presentation on stalking. Comm. Hadley will contact Comm. Dan Garner to see if he would assist with that presentation.

b. Legislative Committee. Lori and Stewart reported on the following legislation passed by the Utah State Legislature this session:

HB 229: Providing Location Information to Non-custodial Parents with Visitation Rights – provides that requestor must subpoena information from ORS.

HB 230 Sub 1: Parental Relocation Amendments: This bill requires written notice of intent to relocate, 60 days prior to move. This provision must be included when drafting parenting plan.

HB 308: Health and Human Services Boards and Commission Amendments: Changes to Child Support Guidelines committee that will result in a lack of continuity.

SB 128 Sub 1: Protective Order Amendments: Passed as amended. Changes the time period for vacating criminal provisions from three years to two, and allows petitioner to appear before the court and give consent to such vacation. Child protective orders will be filed in juvenile court, and then follow the same procedure as for adult. Also, the provision that the protective order would be dismissed upon entry of a decree in a divorce proceeding would include language requiring notice in both the protective order and divorce cases and a finding of no further need.

SB 132 Sub 1: Child Support and Paternity Amendments: Presumption language was removed. Provides that the issue of after-born children can be addressed by modification. Also, if appealing a child support issue, notice must be given to ORS.

Karma said she would put all bills that passed on the web page.

c. Child and Family Standing Committee: Lori Nelson Karma attended the last meeting of the Standing Committee, and said that committee members feel they have met their objectives. Judge Behrens is to look at their authority.

Lori indicated she would like to form a subcommittee of the Family Law Executive Committee, which she would chair, to deal specifically with legislation, to look at bills in advance of filing and to talk with interest groups on their issues. She proposes this would include 2 House and 2 Senate members. Karma said she felt that the Standing Committee should set the subcommittee up, but that if they were not willing to do so immediately, it would be too late. Lori felt it would be better suited under FLEC because these are practitioners who handle family law cases daily. Stewart pointed out that if it were under the Standing Committee there would be the authority of a standing committee of the legislature behind any recommendations.

Lori asked for permission to get started now, and later join with the standing committee. She asked for volunteers to serve, and the following members volunteered: Karma, Stewart, Russ, Lori (Chair), Adam Caldwell and Adam Trupp. Some suggested legislators included Ferre, Roz McGee, Gladwell and Waddoups.

The subcommittee will bring back proposals to the FLEC for discussion and input.

d. Annual Seminar Subcommittee: Marci indicated that it is all ready to go, and the mailing should go out this week. Karma reminded the members that they need to solicit nominations for Family Law Lawyer of the Year. Marci is on the subcommittee, which is meeting later today. They will set the process to get nominations and email it to Stewart, who will distribute the information.

e. Mid-Year Bar Conference Committee: Adam Caldwell reported that there are only a few details left to finalize. He will contact Stewart if he needs assistance.

f. Annual Bar Conference Committee: Kellie reported things are going well, and they are meeting later today to finalize details.

g. Web Site: Russ and Karma will be making some format changes. Karma encouraged everyone to keep looking at the content and let her know if they find problems or want additions.

4. Other Business. Lori passed out brochures for the ABA Spring Conference and the Trial Advocacy Institute. Stewart wondered if these should be sent to section members. It was determined that they should be made available, but not distributed at Section expense.

The meeting was adjourned at 1:15 p.m.