Family Law Section

Minutes September 10, 2002

In Attendance:

• Commissioner Susan Bradford
• Helen Christian
• Karma Dixon
• Commissioner Scott Hadley
• Brent Johns
• Judge Larry Jones (by telephone)
• Randy Ludlow
• Lori Nelson
• Stewart Ralphs
• Kellie Williams

Excused:

• Louise Knauer

1. Minutes. The minutes for April, May and August were approved.

2. Budget/Section Finances. The Section account balance was $1554.61 as of the end of July. Section bar dues are not included in that figure.

3. Young Lawyers.The vote on the request for funding of the proposed CLE speaker on DNA for paternity determination was 5 against, 1 in favor. Karma and Stewart have offered to put together a CLE for them instead. The NLCLE is scheduled for September 19, between 5:30 p.m. and 8:30 p.m. Kellie expressed concerns that the topic is one that the Family Law Section might be interested in and that they might not be able to attend the NLCLE.

4. Utah Children Request. There was a request to fund a policy analyst for Utah Children. Brent made a motion to decline; noting this is a good organization. A friendly amendment was made to include language in our response that we support the organization and their mission. Randy seconded, and the motion passed unanimously.

5. Dialogue on Freedom. We support this pro bono activity, which matches attorneys with a member of executive and the legislature to go into every high school government or civics class during the week of September 11. If you wish to volunteer, you are encouraged to contact the Utah State Bar office.

6. LAD Request. Stewart is still working on an amendment to the by-laws that will address associate membership.

7. Subcommittees

a. The Family Law Executive Committee has been requested to complete a New Lawyer needs assessment by end of the month. The focus of our answers is to bring to the attention of the Bar the topics we have found new lawyers need to know. Kellie suggested one master copy. Commissioner Bradford, Kellie, Lori, Judge Jones and Stewart will compile this.

Karma recommended that the CLEs held by the Family Law Section during the year be coordinated early and placed on the calendar. Stewart requested that Karma contact Howard and Adam to coordinate. Karma will send a list of topics that she compiled at the last annual meeting to the CLE committee members.

b. Legislative Stewart talked with Mike Thompson regarding legislation on non-consolidation of Protective Orders. Senator Hillyard did not offer to sponsor such legislation.

Stewart talked with Tracey Tabbet of the Attorney Generals Office regarding the status of Office of Visitation grant request. The grant is for development of a program, but the AG’s Office has not yet been notified if they have been awarded the grant.

Lori will continue to work on visitation legislation.

c. Child and Family Law Standing CommitteeThere was a report on Child Protective Orders. The Judicial Council’s Policy and Planning committee is recommending that all protective orders on behalf of children, whether filed by a parent or other “interested person”, be filed in juvenile court and have the same procedures and remedies as “adult” protective orders asset forth in the Cohabitant Abuse Act. Petitions for abuse and neglect would remain as currently set forth in the Juvenile Code. The recommendation also includes provisions that would eliminate mandatory certification to juvenile court, but includes a recommendation that there be mandatory communication between courts where there are pending cases involving the same parties. Stewart informed the Committee that Legal Aid will not be able to do child protective orders in juvenile court without funding.

There was also a report on custody evaluation forms. First, the Committee is recommending the implementation of a Pre-report Summary of the evaluation that can be used by the parties in settlement negotiations or at pre-trial settlement conference prior to the time and expense of the actual evaluation being prepared by the evaluator. Second, if settlement fails, the evaluator would prepare the formal evaluation and then prepare a Report Summary that will have page numbers to aid the attorneys and court find relevant parts of the evaluation.

The committee is also considering opening of juvenile court proceedings to greater public scrutiny. Kellie will get information from the prior report that may be relevant to the issue.

d. Annual Bar ConventionCommittee will meet September 17.

e. Mid-year Bar Convention This subcommittee has not yet met.

f. Annual Seminar CommitteeKellie will work with this subcommittee.

g. WebMarcie indicated she had some concerns, which she will submit to Stewart. We are getting quite a bit of traffic. Karma is adding information from our CLEs and the calendaring.

h. Membership There are three more at-large positions that need to be filled. We need someone to represent the 4th District, someone for the 5th District, and someone for the 6th, 7th and 8th District. The membership committee reported on those people who had applied and made a recommendation. Lori Nelson moved that we accept the recommendation of the membership committee to place Helen Christian in an at-large position, make Russ Minas and Steve Gunn at-large representatives and appoint Connie Mower to serve as the representative for the 6th, 7th, and 8th Districts. Randy Ludlow seconded the motion. The motion passed. Judge Jones will follow-up to find out if Joanie Low is interested in serving in the 4th District. Stewart will follow-up with Judge Peuler about a judge to serve.

8. “And Justice For All”. Because of budget concerns, the committee did not feel there was money available to give to “And Justice for All”. A motion was made to postpone discussion until the next meeting. The motion passed. Brent made a motion to request more detailed budget information for at least the past four years. Lori seconded, and the motion passed.

9. Procedural Rule Changes. Stewart proposed formation of a subcommittee to review proposed changes that had been introduced by Ellen Maycock. Karma will head the subcommittee, with Lori and Stewart as members.

10. Other business. Concerns were expressed about a mediator preparing documents for both parties, and the fact that no one is enforcing unauthorized practice because mediation is unregulated. Stewart will talk with Billy Walker on the role of attorney mediators, when a mediator can give legal advice, and discuss the Bar opinion regarding drafting of pleadings. The Family Law Section could request an Advisory opinion.

The meeting adjourned.