Minutes for November 13, 2002

The Executive Committee of the Litigation Section met on Wednesday, November 13, 2002, at 8:00 a.m., at the Utah Law & Justice Center in Salt Lake City. Present were Bruce Badger; Francis J. Carney; Justin Toth; Brian Babcock; Deno Himonas; Lee Curtis; Wayne Klein; Brian Pattison (by speakerphone); Tracy Fowler; Judge Pam Greenwood; and Willis Orton.

1. Minutes. The draft minutes from our October meeting were reviewed and approved.

2. Doug Mortensen: Request for E-mail Poll Doug Mortensen asked that the Section poll its members on the need for a new rule of civil procedure that would give the right to a new trial judge on remand from appeal. The results would be used to advise the Advisory Committee on Rules as to the sentiment in favor of such a rule. Wayne Klein asked why poll the Litigation Section and not the entire Bar. After discussion, we decided not to do the poll unless asked to do so directly from the Advisory Committee on Rules.

3. Trial Academy Financials (Klein). Passed until next meeting.

4. Interest on Section Account Balance to AJ4A. Bruce Badger reported that $1,400 was given to And Justice For All by the Bar. This represents the Litigation Section’s interest on its account balance.

5. Golf and CLE at Sunbrook on November 8th. Deno Himonas reported that this was a success. The turnout was around thirty people, and the topic and speakers were terrific. There is interest in repeating the presentation at the Annual Meeting. Also, there is consideration of making a Southern Utah seminar an annual event of the Section.

6. CLE on Appellate Practice: Mike Petrogeorge was not present but Frank Carney reported that this is all set for December 19th.

7. Mid-Year Meeting. Justin Toth reported that we are committed to providing one speaker for a breakout session. He will find a topic and speaker for our breakout session.

8. Annual Meeting. Lee Curtis reported that the Annual Meeting is set for Sun Valley on July 16-19, 2003. The Committee wants us to fill two or three hours of breakouts sessions. We also discussed funding three or four judges to attend, perhaps as speakers. A possible topic is the new SEC rules. Frank Carney suggested Randi McGinn and will advise Brian Babcock of her availability.

9. Quarterly E-mail Notice to Members. Frank Carney reported that this went out to all Section members on the list serve. This is about 80% of our members.

10. Bar’s Proposed Web Page on Self-Help for Non-Lawyers. Nancy Bockelie reported on this at length. The legislature wanted the Supreme Court to put together a committee on providing legal services to the middle class. Dan Jones focus groups were done. There was much interest by the public in easier access to legal services. Nancy discussed the proposal to have a web site as an information clearing house for legal services. Each Section would have volunteers that would develop “information modules.” Publicizing would be expensive and help would be needed in that regard also. After discussion, this was tabled until a more specific request is received from the Bar.

11. $5,000 contribution to “Lawyers Helping Lawyers” Bruce Badger recommended that the Section donate $5,000 to assist this program in getting going. After discussion, this was unanimously approved.

12. Governmental Affairs Committee. Deno Himonas has agreed to be on this Committee.

13. 2003 CLEs: passed until next meeting.

14. Judges' Benchbook Status (Carney)- passed until next meeting.

15. MUJI Supreme Court Advisory Committees (Carney)- passed until next meeting.

The meeting adjourned at 9:05 a.m. Our next meeting was set for Wednesday, December 11th, at 8:00 a.m. at the Law & Justice Center.

DATED this _____ day of December, 2002.

FOR THE EXECUTIVE COMMITTEE

___________________________
Francis J. Carney
Secretary