Minutes for November 10, 2004

The Executive Committee of the Litigation Section met on Wednesday, November 10, 2004 at 8:00 a.m. at the Utah Law & Justice Center in Salt Lake City.

Executive Committee members present were:

• Lee Curtis
• Michael Petrogeorge
• Elaina Maragakis
• Bryan Pattison (via speakerphone)
• Jon Hafen
• Judge Randy Skanchy
• Ryan Harris
• Nate Alder (liaison from Bar Commission)
• Wayne Klein
• Toby Brown (Bar staff)

1. Financial Report Wayne Klein gave a brief financial report identifying recent expenditures for the Fall Forum and expected expenditure for the Law & Economics Society speaker. We do not yet know the cost of the recent quarterly luncheon.

2. Reports on Recent CLE Events

a. Bryan Pattison reported on the success of the November 5 golf and CLE event in St. George. About 35 were in attendance and around 20 stayed for the golf event.

b. Wayne Klein reported that approximately 120 attended the November 5 seminar “What Utah Judges Think of Daubert,” co-sponsored with the Law & Economics Society. The seminar went very well and the section’s role was prominent.

c. Lee Curtis described the e-filing seminar held October 13 with the Cyberlaw Section. There were some 40 attendees.

d. Bryan Pattison said the October 29 SUBA annual meeting was very well received. The section will pay some of the expenses for Judge Billings. The section’s role was described prominently in the materials and introductions.

3. Use of Banner and Logo The section has two banners, one is kept by Connie Howard at the bar offices and Bryan Pattison has the other. The banners will be used for all seminars we help sponsor. Lee Curtis will contact Willis Orton to get an electronic copy of the logo for use on the section’s web site and also for use as letterhead and in communications with members.

4. Section Bylaws Elaina Maragakis led an extended discussion regarding the section bylaws. Current practices of the Executive Committee are not consistent with the bylaws. It was agreed that the bylaws should be amended to conform to the actual practice of the section. Elaina will suggest changes to permit electronic voting, set a specific size for the Executive Committee, eliminate the nominating committee, extend the terms of members, and provide for the nomination and election of officers and members of the Executive Committee.

5. Electronic Filing in State Court With the assistance of Toby Brown, the Executive Committee discussed how it could assist the state courts in adopting electronic filing. Toby discussed different approaches the courts could use and the hardware and software needs that might be involved. The courts already have a vendor, but would like guidance from the section. Judge Skanchy, Mike Petrogeorge, Ryan Harris, and Jon Hafen agreed to be on a committee to work with Toby Brown and the courts in determining the scope and structure of an electronic filing system.

6. Amendment to Utah Court Rules The Executive Committee decided the proposed amendments to the court rules were non controversial and did not warrant the section submitting a comment letter.

7. NASD Arbitrators Wayne Klein distributed a solicitation from the NASD seeking arbitrators. There was a brief discussion of the NASD arbitration process and Judge Skanchy described his experience as an arbitrator.

8. Trial Advocacy Awards Judge Skanchy reported on his discussions with leaders of the trial advocacy programs at the University of Utah and BYU. The Executive Committee discussed several options for assisting the schools. The decision was made to award to each school $500 annually to each of the top four students in the advocacy programs ($2,000 for each school), plus the presentation of plaques or mementos of the award.

9. Upcoming Section CLE Programs There was a discussion of the status of planning for upcoming programs being sponsored by the section:

a. Negotiations This November 17 seminar includes three members of the Executive Committee on a panel: Judge Skanchy, Lee Curtis, and Elaina Maragakis. Lee Curtis will open the seminar if he is there at the beginning, otherwise, Wayne Klein will conduct.

b. Evidence The section will sponsor a December 17 seminar on evidence presented by Judge Benson and Creighton law professor Collin Mangrum. The section will pay the travel expenses for professor Mangrum. Jon Hafen is coordinating this with Judge Benson.

c. Quarterly Luncheon: Trial Tips Elaina Maragakis is planning the next quarterly section luncheon for January 11. It will include a panel of seasoned litigators offering their trial suggestions.

d. Quarterly Luncheon The following quarterly luncheon will be in April 2005. Mike Petrogeorge is considering topics to suggest and will ask someone to organize the presentation.

e. NITA Trial Seminar This week-long seminar will be presented by NITA in Salt Lake. This will substitute for the trial academy presented by the section in past years. Judge Himonas is working with NITA to have this seminar in May.

10. Spring and Annual Meetings Bryan Pattison reported on his work in setting up two breakout sessions and the keynote speaker for the Spring Bar Meeting. Mike Petrogeorge said the annual meeting will be in Sun Valley in mid-July. Mike has been named program chair for the entire meeting and will try also to do the Litigation Section portion of the program. Help will be available if he needs it.

11. Judges’ Benchbook Ryan Harris reported he has cleaned up this portion of the web site by removing information for retired judges and adding information for some judges. Ryan and Judge Skanchy discussed reminding other judges their information is wanted. Ryan will examine the benchbook questionnaire to see whether a discussion of Daubert motions should be added. Jon Hafen said he would get profiles on the federal judges from the Federal Bar Association so it can be posted with the benchbooks. He also will talk to Judge Benson about encouraging federal judges to participate.

The meeting adjourned at 9:20 a.m.

DATED this 8th day of December, 2004.

For the Executive Committee

_________________________________________
Wayne Klein
Secretary