Family Law Section

Minutes - September 9, 2009

Present: Commissioner Faulkner, Judge Thomas, Judge Jones, Judge Lindberg, John Sheaffer,
Russ Minas, Stewart Ralphs, Marcie Keck, Louise Knauer, Angela Fonnesbeck, Dena Sarandos, Commissioner Blomquist, Stacey Schmidt and Adam Caldwell.

Excused: Lauren Barros, Lisa Lokken, Kellie Williams and Dixie Jackson

            1. Minutes of August 12, 2009. The Minutes of the Family Law Executive Committee meeting of August 12,2009 were review. Marcie moved to approve, Louise seconded. The minutes were approved by unanimous vote.

            2. Financials. Angela reported that the end July 2009 financials show the section ahead by approximately $2500 from this time last year. The numbers show that the surplus was generated from our slightly increased cost and attendance at the May Annual Family Law Seminar and the slightly increased cost of the monthly lunch CLEs.

            3. Bylaws. There was discussion relating to amending bylaws. Included in this discussion is amending term of service to extend from five years, as well as the process for nominating new members. Judge Lindberg proposed that as part of our bylaws changes we consider student representatives from the University of Utah or BYU. Perhaps the recipient of the scholarship might be invited to sit in on meetings. There was discussion that the student representatives would not be entitled to vote on issues. Angela agreed to review the bylaws and make proposed changes thereto.

            4. Membership. The committee discussed recruiting new members and the process of recruiting new members. We should obtain nominees from the entire family law section membership. There was discussion of letting people know that there are monthly meetings; there is an expectation that people seriously review the legislation; and that the family law executive committee is the most highly functioning section. Angela will send out an e-mail to the section soliciting nominations that can then be voted on at our next meeting.

            5. Subcommittee reports.

            a. Annual Bar Convention - no report

            b. Socials - The holiday social is scheduled on December 10, 2009 at Cohne Rappaport & Segal from 5:00 to 7:00 p.m.

            c. Scholarship/Grants - Louise reports that AI has really taken the lead on this subcommittee as liaison with the University of Utah and thus she will step down from this subcommittee. Commissioner Michelle Blomquist will continue as the liaison with BYU.

            d. Legislation - Stewart reported that Senator Hillyard would like to revise the cohabitation and alimony schedules. The legislature would like our feedback on these issues. With respect to Representative Fowlke's proposed parent-time amendments it was suggested that Section 30-3-37 be revised to reflect that it applies only to moves of more than 100 miles, rather than 150, and should not apply to moves out of State. It was also suggested that the statute be clarified to apply to teacher work days after the children have attended their first day of school, some proposed changes regarding using Christmas vacation vs. holiday period etc ... , as well as some grammatical suggestions. "When either parent decides to move from the state of Utah or 150 miles" be changed to 100 miles.

            Stewart also report on Rule 108 and Tim Shea's recommendation relating to revision to Rule 108. There was discussion relating to changes in the language i.e. eliminating the word "nonmonetary" from the rule. The changes were discussed and Stewart who will approach Tim Shea for his feedback.

            e. Monthly Lunch Seminars - no report

            f. Annual Family Law Seminar - no report

            g. Website - no report

            h. Fall Forum - Russ reports that he was advised that he and Stewart should not present again. Angela agreed to give a hot topics presentation on proposed Rule 108.

            i. Spring Convention - Adam reports that he is working on the putting together speakers for the Spring Convention and believes that a vocational analyst type presentation would be beneficial and well attended. He has specially talked with Dr. Kristy Farnsworth and inquired about our policy for reimbursing her travel expenses. The committee voted and approved to offer up to $300 for reimbursement costs.

            6. Requests.  The committee approved a donation of $6,000 to And Justice for All, the sum of $5,000 to the general fund and $1,000 to be directed to the Southern Utah Community Legal Center.

            7. There being no other business the meeting adjourned.