Minutes for March 9, 2005

The Executive Committee of the Litigation Section met on Wednesday, March 9, 2005 at 8:00 a.m. at the Utah Law & Justice Center in Salt Lake City.

Executive Committee members present were:

• Jon Hafen
• Bryan Pattison (via speakerphone)
• Ryan Harris
• Michael Petrogeorge
• Wayne Klein
• Peter (Rocky) Rognlie
• Elaina Maragakis
• Chris Rogers
• Sean Monson
• Judge Randy Skanchy

1. Chair Excused Lee Curtis was excused from the meeting due to a conflict. Elaina Maragakis conducted the meeting.

2. New Executive Committee Member Chris Rogers and Peter (Rocky) Rognlie were welcomed as new members of the Executive Committee.

3. Minutes/Financial Report Minutes of the February meeting were corrected, then approved. Wayne Klein discussed financial charges imposed during January included charges for the quarterly luncheon ($90 for the room, $1,680 for food, and $644 for advertising). The January 31 fund balance was $86,093.42.

4. ABA Mid-Year Meeting There was a report on the ABA CLE seminars held in Salt Lake in February. Members of the Executive Committee attended three of the seminars and reported favorably about the quality of the seminars.

5. Civil Procedure Rule Changes Frank Carney is soliciting comments from members of the Litigation Section on changes to URCP Rule 68 being considered by the Supreme Court Advisory Committee. A copy of the current draft was distributed. Elaina agreed to talk to Lee Curtis about circulating the proposal to the Section membership in advance of the March 21 deadline for preliminary comments.

6. Bylaw Changes Elaina Maragakis distributed copies of proposed changes to the Section bylaws. There was some discussion of whether to have an annual meeting of the Section and if so, whether it should be held at the Annual Meeting of the Bar or as part of a quarterly luncheon. Executive Committee members will review the proposed draft and submit comments to Elaina. There will be a discussion of these changes at the April meeting of the Executive Committee with a plan to seek adoption by the Section membership at a June meeting of the Section.

7. Casemaker There was a discussion of the announcement by the bar that Casemaker now is available to members of the bar and the experiences of some in using Casemaker.

8. Electronic Filing Jon Hafen and Mike Petrogeorge reported that the proposal to promote electronic filing in state court seems to be going slowly, after the initial indications of urgency. As part of the discussion that followed, concern was expressed about the bar’s plan to create a separate filing system that would be run through the bar, rather than having the filings made directly with the courts. Jon Hafen will follow up and may invite Toby Brown to the May meeting of the Executive Committee.

9. American Jury Trial Summit Don Winder will convey the Section’s offer to pay to have a Utah judge participate in the Summit.

10. NITA Training The contract with NITA is almost finalized. The Saturday mock trial event will be held at the Matheson Courthouse. There will be eight national faculty members and eight local faculty. It was reported that half the spots in the class have already been filled, before advertising has begun.

11. Trial Advocacy Awards Judge Skanchy reported that BYU has set a date for the awards ceremony for the student winners of the school’s trial advocacy competition and he will coordinate the payment of cash awards to the students.

12. Judge’s Benchbook The profiles on the federal judges are now on the benchbook. Judge Skanchy reported he sent personal letters to judges not on the benchbook, hoping that approach would result in additional submissions, but has not had any success yet.

13. Other Upcoming Section CLE Programs There was a discussion of upcoming programs being sponsored by the section. Mike Petrogeorge has set the dates for quarterly luncheons through April 2006:

a. Quarterly Luncheon: Governor’s Legislative Agenda Mike Petrogeorge said Mike Lee and Senator Scott McCoy have agreed to speak at the April 5 seminar. There was a discussion of inviting a State Representative. Advertising will be sent out soon.

b. Spring Meeting Bryan Pattison said the meeting is all set. The section is sponsoring Justice Nehring’s keynote address and a breakout session.

c. Oral Argument This seminar is being co-sponsored with the Appellate Section, which is doing the planning. An invitation has been issued to a speaker.

d. Annual Meeting Mike Petrogeorge described the two panels at the Annual Meeting: one will be a judges panel on motions to compel and the other on structured settlements. Jon Hafen agreed to invite Judge Nuffer to be on the panel.

e. Quarterly Luncheon: Motion to Compel Mike Petrogeorge is planning a July 6 quarterly luncheon that may be on motions to compel, for those who cannot make the annual meeting.

f. Fall Forum Elaina Maragakis and Sean Monson are working with Judge Schofield on developing a one-day trial academy for the Fall Forum.

The meeting adjourned at 8:55 a.m.

DATED this 13th day of April, 2005.

For the Executive Committee

__________________________________________
Wayne Klein
Secretary