Minutes of October 11, 2006

The Executive Committee of the Litigation Section met on Wednesday, October 11, 2006 at 8:00 a.m. at the Utah Law & Justice Center in Salt Lake City.

Executive Committee members present were:

• Sammi Anderson
• George Burbidge
• Jared Casper (via speakerphone)
• Ryan Harris
• Wayne Klein
• Elaina Maragakis
• Mike Petrogeorge
• Scott Reed
• Dan Steele

Lee Curtis, Ryan Frazier, Jon Hafen, Willis Orton, Bryan Pattison and Jackie Rogers were excused.

1. Minutes The minutes were reviewed and approved.

2. Financial Report Dan Steele provided a financial report. The Committee reviewed forms provided by the Bar breaking down costs for Committee Meetings, quarterly luncheons and other events. The Committee agreed that accrued interests will be donated annually at the conclusion of the fiscal year to “And Justice for All.” The Committee reserves the right to consider a different charitable cause on a yearly basis.

3. Law School Outreach Elaina Maragakis reported that she is still working with the deans of the respective law schools to schedule an event for law students. Due to scheduling conflicts, the event will most likely take place in January.

4. Bar Commission’s Response to Proposed Bylaw Revisions Wayne Klein reported that the proposed Bylaw revisions are on the agenda for the Bar Commission’s meeting in December. If there are any questions, the issue may not be decided until January.

5. Appointment to Online Court Assistance Policy Board Ryan Harris reported that he received no response to the invitation to Section members inviting anyone interested in the Online Court Assistance Policy Board position to respond. The Committee agreed that Eric Mittelstadt will be invited to the next meeting for introductions.

6. Funding Requests

a. The Committee approved a $500 contribution to the Young Lawyers Debate Tournament to be held at Highland High School on October 20-21, 2006.

b. Ryan Harris will put Ryan Frazier, the Committee’s liaison for the Mid-Year Convention, in touch with the Dispute Resolution Section to consider co-sponsoring a break-out on the topic of negotiation.

c. The Committee approved payment of golf expenses for the St. George Golf CLE presenters’ two children. This approval is in lieu of any expenses submitted by the presenters.

7. Law and Economic Society CLE Mike Petrogeorge reported that the CLE has been postponed due to a conflict in Magistrate Judge Nuffer’s schedule. Mike reported that the half-day seminar will likely go forward in early 2007. The Committee discussed the possibility of sponsoring the seminar at the annual convention.

8. Upcoming CLE Seminars

a. Lunch CLE co-sponsored with Appellate Section on Appellate Brief Writing - October 11, 2006 at 12:00 p.m. Patricia Millett of the U.S. Solicitor General’s Office to present.

b. St. George Golf CLE - October 20, 2006. The Ledges Golf Course. Dan Steele reported that the event is ready to go, and that the presenters have already submitted their materials. Dan also reported, from personal experience, that the golf course is in fine shape.

c. Fall Forum - November 3, 2006. Little America Hotel. Ryan Frazier, unable to attend the meeting, reported by e-mail that everything is in line and ready to go.

d. “Clarence Darrow: Crimes, Causes and the Courtroom” - November 9, 2006 at the Masonic Temple Auditorium. The Committee previously agreed to contribute $2,000 to the event.

9. Proposed Changes to Utah Rule of Civil Procedure 45 Ryan Harris reported that Frank Carney has circulated the initial draft of the Rule proposal and invited suggestions from the Executive Committee in advance of the final proposal. The Committee reviewed the proposed Rule changes and approved having Ryan Harris report to Frank Carney that the Excutive Committee had reviewed the proposal and expressed support. A discussion was had about the importance of a uniform practice with respect to subpoenas among Utah practitioners. The Committee suggested the proposed Rule changes would be appropriate for a quarterly luncheon.

10. Suggestion for Quarterly Luncheon with Judicial Clerks Mike Petrogeorge suggested a panel of judicial clerks be invited to speak at a quarterly luncheon. The purpose would be to help practitioners better understand judge’s procedures, likes and dislikes. The Committee enthusiastically approved of the idea, which will be forwarded on to Jon Hafen.

The meeting was adjourned at 9:01 a.m.

Dated this 8th day of November, 2006.

For the Executive Committee

Sammi Anderson
Secretary