Minutes of November 8, 2006 Meeting

The Executive Committee of the Litigation Section met on Wednesday, November 8, 2006 at 8:00 a.m. at the Utah Law & Justice Center in Salt Lake City.

Executive Committee members present were:

• Sammi Anderson
• Bruce Babcock
• George Burbidge
• Jared Casper (via speakerphone)
• Lee Curtis
• Ryan Frazier
• Jon Hafen
• Ryan Harris
• Wayne Klein
• Elaina Maragakis
• Willis Orton
• Bryan Pattison (via speakerphone)
• Mike Petrogeorge
• Jackie Rogers
• Judge Skanchy
• Dan Steele
  
  Scott Reed was excused. Stephen Owens attended as a liaison from the Bar Commission.

1. Minutes The minutes were reviewed and approved.

2. Financial Report Dan Steele explained that the October financials had not been provided as of the date of the meeting. Dan will provide a report once the October financials are received.

3. Appointment to Online Court Assistance Policy Board Ryan Harris reported that Eric Mittelstadt will attend the December meeting and be available for introductions and questions from the Committee.

4. St. George Golf CLE Bryan Pattison and Dan Steele reported that the event was a success. The presentations were well received. Bryan and Dan approximated that 50 attended the CLE and 37 stayed to play golf. Both Bryan and Dan were pleased with the facility and the attendance. Discussion was had about ways in which the Litigation Section banner could be improved so that it can be more effectively presented at various events. Dan agreed to investigate this further. Three rounds of golf were left over. Mike Petrogeorge suggested that these be raffled off at the Quarterly Luncheon, where we invite the membership to vote on the proposed Bylaw amendments. Thanks was expressed to Bryan and Dan for their efforts in organizing this event.

5. Fall Forum Ryan Frazier reported that the Litigation Section breakouts on case organization, management and dispositive motions were a great success. Attendance at the breakouts was large enough that additional chairs had to be added. Thanks was expressed to Ryan Frazier for his efforts in organizing this event.

6. Highland High Debate Tournament Sammi Anderson reported that the Debate Tournament drew nearly 200 students from 30 Utah schools. The Section received credit for its sponsorship of the event in a November 2, 2006 article in the Salt Lake Tribune. Sammi will have the article linked to the Section website.

7. Midyear Convention The Section has one breakout session this year. Discussion was had to generate ideas for involving judges from the Fifth District. It was decided that we will select a litigation skill and have a panel of Fifth District judges speak to that skill. The proposal to co-sponsor an Alternative Dispute Resolution seminar was rejected in favor of a panel of Fifth District judges speaking on litigation. Ryan Frazier has agreed to coordinate the breakout session for this event.

8. Upcoming CLE Seminars

a. “Clarence Darrow: Crimes, Causes and the Courtroom” - November 9, 2006 at the Masonic Temple Auditorium to be presented as a play, followed by a discussion of the Rules of Professionalism and ethical dilemmas emphasized in the play. CLE credit available.

9. Upcoming Quarterly Luncheon More discussion was had as to the proposal to have clerks of Third District judges sit on a panel to provide general pointers on the likes and dislikes of Third District judges. Moving the Quarterly Luncheon to February 2006 was also discussed, as were ideas for generating names of suggested clerks to sit on the panel.

10. Law and Economics Seminar Mike Petrogeorge reported that the Law and Economics Seminar involving each of the federal magistrate judges and discovery issues will now take place at the Annual Convention. The Litigation Section remains a co-sponsor for this event. Costs associated with it will likely include the Magistrate’s costs of traveling to Sun Valley. Mike Petrogeorge agreed to obtain more information about the costs and report back to the Committee at a later time.

11. Proposed Legislation Enacting State Statute Allowing Persons to Sign Under Penalty of Perjury Without Having Notary Present Ryan Harris reported that Frank Carney has asked for the Committee’s support of a proposed bill (similar to 28 U.S.C. 1746) that would allow persons to sign under penalty of perjury without having a notary present. Ryan reported that the Advisory Committees on the Rules of Civil Procedure and the Rules of Evidence both back the bill. The Committee voted to endorse the proposed bill. Ryan agreed to convey this to Frank Carney.

12. Proposed Bylaw Revisions Ryan Harris and Elaina Maragakis reported that the proposed Bylaw revisions would be presented to the full Bar Commission at the December 1, 2006 meeting. Elaina agreed to attend the meeting on behalf of the Committee and Section to answer any questions that may arise.

13. Quarterly Email Ryan Harris reported that the Quarterly Email will be sent in December.

14. Law School Outreach Elaina Maragakis reported that the event for law students will be held in January 2007.

15. Benchbooks Discussion was had as to whether profiles of federal judges that have been prepared by the Federal Bar Association could be linked to the Litigation Section website. Because we do not, as yet, have benchbooks from any of the federal judiciary, this was suggested as the next best alternative. Jon Hafen agreed to discuss the issue with Magistrate Judge Nuffer to determine whether the federal judiciary will consent.

The meeting was adjourned at 8:48 a.m.

Dated this 13th day of December, 2006.

For the Executive Committee

Sammi Anderson
Secretary