Family Law Section

Minutes March 8, 2006

PRESENT: Marty Custen, Adam Caldwell, Rob Parrish, Russell Minas, Comm. Blomquist., Dena Sarandos, Stewart Ralphs, John Sheaffer, Steve Gunn, Rick Hummel, Judge Hilder, Judge Jones, Christina Miller, Adam Trupp.

Approval of Minutes. The minutes from the February 2006 meeting were read and approved as drafted.

Paralegal Division Monetary Request. The Paralegal Division of the Bar has requested a donation for their Celebration Event in the amount of $500.00. After discussion of the issue Dena moved to grant the request. Louise seconded. The motion passed.

Court of Appeals Brief Request. Steve received an inquiry from the Utah Court of Appeals asking for an amicus brief from the family section relating to interpretation of the Family Expense Statute. The issue was moot because by the time of the EC meeting the deadline for filing had passed. There was discussion about whether the EC should become involved in ongoing cases. The matter was tables with discussion about a possible creation of policy to handle such issues in the future. As of now we have no policy.

H.B. 148. This bill passed the legislature on the final day of the session. (The Governor later vetoed the bill). The EC previously voted to oppose this bill.

Request for Section Membership Email Addresses. We also received a request from Lauren Barros asking the EC to provide her with an e-mail list of the section membership so that she could e-mail members asking them to call or write to oppose H.B. 148. We don’t have such a list. The Bar has it and won’t give it out even to the EC. The request, therefore essentially is denied. Discussion of a List-Serv option arose, where lawyers can talk to each other and exchange information online. It was suggested the Lincoln Mead be invited to the next EC meeting.

Legislative Session - General. It was suggested that Rep Fowlke be invited to our meetings relative to how the EC can better work to get legislation sponsored and how better formulate and get out our positions to members of the legislature.

Formulaic Approach to Alimony. A committed on alimony was formed to study a formulaic approach to temporary alimony, as is done in a few other states. The Committee will consist of Louise Knauer, John Sheaffer and Paul Morken.

Monthly Seminars. The idea for the April seminar was HB 148, if not vetoed by the governor. Backup topics are international issues, and sealing files for tax purposes.

Spring Convention. Starts tomorrow. Everything on track. Rick Hummel and Judge Hilder to speak.

May Seminar. Set for May 12th. The event is up on the Utah State Bar CLE list, on the Bar’s website. The Agenda is posted and the speakers are lined up.

Annual Bar Convention. The Thursday speaker is to be Judge Fermott out of California. He was asked about speaking on the formulaic alimony approach, but really wants to speak about peacemaking in the law and mediation from the bench, and so his request is being honored.

Adjournment The meeting adjourned at approximately 1:30 p.m.

Next Meeting. The next EC meeting will be held on Wednesday, April, 12, 2006 at 12:00 p.m. at the Utah Law & Justice Center.

PROCEDURE FOR TELEPHONIC ATTENDANCE. 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.