Minutes for April 14, 2004

The Executive Committee of the Litigation Section met on Wednesday, April 14, 2004 at 8:00 a.m., at the Utah Law & Justice Center in Salt Lake City.

Executive Committee members present were:

• Bruce Badger
• Ryan Harris
• Deno Himonas
• Wayne Klein
• Bryan Pattison (via speakerphone)

1. Minutes The draft minutes for the March meeting were reviewed and approved (and have been posted on the Section’s Web site).

2. Financial Matters There was a brief discussion of financial matters. Approval was given to pay our half of the net expenses of the Olympic Trial CLE. The bar has requested that the Section indicate whether the dues amount will change for the coming year. The Executive Committee has decided to leave the dues amount at the current level.

3. Funding Requests Deno Himonas reported on several funding requests received by the Section. These were discussed by the Executive Committee.

a. The MUJI Advisory Committee requested $5,000 to hire temporary help for the Advisory Committee in updating the jury instructions. This request was approved. Deno will tell Frank Carney.

b. The Bar has requested that we contribute $5,000 towards the keynote speaker at the Annual Meeting. The Executive Committee agreed to pay half of the fees or expenses of the keynote speaker, up to $5,000, if the speaker will be talking about a litigation topic.

c. The Committee on Racial and Ethnic Fairness also indicated a intent to request funding. Deno will obtain more information and report back to the Executive Committee.

4. Mid-Year Meeting Report There was a brief report on the success of the CLE programs sponsored by the Litigation Section at the Mid-Year meeting.

5. Annual Meeting Awards The Executive Committee discussed the Bar’s call for nominations for annual awards and agreed to submit a nomination for Lawyer of the Year. Bruce Badger agreed to draft and send the nomination on behalf of the Section.

6. Proposed Court Rule Amendments There was a discussion of proposed amendments to the Utah Court Rules, focusing on the unauthorized practice of law. Bruce Badger agreed to draft a comment letter for the Section. Others on the Executive Committee are to develop additional comments for discussion at the May meeting of the Litigation Section.

7. Brown v. Board of Education Planning is proceeding well for this event. The video, script, and object lesson are completed and schools have indicated their desire to participate. Attorneys are still needed for seven high schools in the state. Executive Committee members agreed to solicit other attorneys in their offices to participate.

8. Quarterly E-mail Update Deno Himonas will send a quarterly e-mail to all Section members updating them on the activities of the Section.

9. Upcoming CLE Programs The status of upcoming events was discussed:

a. The appellate brief-writing CLE with the Appellate Section will be April 23.

b. The Litigation Section’s sessions at the annual meeting are ready.

c. Deno Himonas is developing a planned Fall seminar on use of mock juries and focus groups.

d. The Section agreed to sponsor a Fall seminar on negotiations requested by the Bar. The session will be taught by Paul Liznek.

e. There was discussion of the importance of the Trial Academy. Frank Carney has agreed to assist with the program on an advisory basis for this year.

10. Judge’s Benchbook Ryan Harris reported that 42 questionnaires were sent to judges by Judge Skanchy. Eight already have been completed and returned and they expect to receive more soon. Ryan is having the information transcribed. It then will be sent to the judge for final approval, then posted on the Section Web site.

The meeting adjourned at 9:00 a.m. The next meeting is set for Wednesday, May 12, 2004, at 8:00 a.m. at the Law and Justice Center.

DATED this 12th day of May, 2004.

For the Executive Committee
________/s/________________________
Wayne Klein
Secretary