Minutes for September 8, 2004

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

Executive Committee members present were:

• Lee Curtis
• Elaina Maragakis
• Richard Gray
• Mike Petrogeorge
• Jon Hafen
• Judge Randy Skanchy
• Ryan Harris
• Dan Steele
• Wayne Klein

1. New Executive Committee Member Jon Hafen was welcomed to the Executive Committee with a pledge to put him to work quickly.

2. Financial/Minutes The draft minutes for the August meeting were reviewed and approved (and have been posted on the Section’s Web site). Appreciation was expressed for Sammi Anderson’s willingness to take notes and prepare the minutes. Annual meeting expenses for the judges totaled a lower than expected $2,454.43. We do not yet know the amount of income received in connection with annual renewals.

3. Section Leadership Training Lee Curtis reported on the section-leadership training held by the bar on August 25. Copies of the bar’s handouts were distributed. There was guidance on CLE programs, financial accounting, web pages, taking legislative positions, the Fall Forum, and plans for adoption of Casemaker.

4. E-mails Elaina Maragakis reported on her preliminary inquiry into why so many section members were not receiving e-mails from the section. Only two-thirds of section members are receiving e-mails about section activities. Elaina will see whether we can increase that percentage.

5. Report to the Bar Lee Curtis sent a letter to the bar on August 31 reporting on activities of the section. A copy of that letter was distributed to the Executive Committee.

6. Quarterly Section Meetings/Luncheons Mike Petrogeorge described the upcoming quarterly section meetings. The seminar on jury selection and focus groups had to be canceled due to miscommunication on the scheduling. The planned meetings are:

a. Casemaker This will be the kick-off event for the quarterly section meetings. It will be held October 5 at the bar and will be taught by Toby Brown. Mike Petrogeorge will spent a few minutes discussing the services offered by the section and Ryan Harris will demonstrate the on-line judges’s benchbook.

b. Golf/CLE Dan Steele is planning this CLE. It will be held November 5 at Coral Canyon, in St. George. Our co-sponsor, SUBA, is preparing the CLE program on litigating ERISA claims. Advertisement was reviewed and endorsed. The fee schedule and reimbursement plans also were discussed and approved.

c. Courtroom Tips from Seasoned Litigators This program is being planned by Elaina Maragakis and will include respected, senior litigators giving suggestions for trying cases. Names of possible panelists were discussed. It will be held in January or February 2005.

d. Other An additional event will be held in April or May of 2005. The decision was made to wait until Fall 2005 for the Evening with Third District Judges.

7. Additional Upcoming CLE Programs The status of upcoming events, other than the quarterly meetings, was discussed:

a. Law & Economics Society The section agreed to be a co-sponsor with the Law & Economics Society of a seminar on admissibility of expert testimony. The seminar will be held at the bar on November 5. The section will pay the expenses of the luncheon speaker and absorb any losses of the seminar. Section members will receive a discount on admission.

b. Negotiations The November 17 seminar by Paul Liznek on negotiations is all set.

c. SUBA The section agreed to contribute $550 to the Southern Utah Bar Association to fund a litigation speaker at its annual meeting in late November.

d. Evidence Judge Benson has requested that the bar sponsor a seminar on Utah evidence rules. This might be put together as early as December. Jon Hafen agreed to follow up with Connie Howard and Judge Benson.

e. NITA Training The consensus is to try to bring some NITA training to Utah rather than putting on our own trial academy. Judge Himonas is examining the possibility of getting NITA training in Utah.

The meeting adjourned at 9:00 a.m. The next meeting will be held on Wednesday, October 13, 2004, at 8:00 a.m. at the Law and Justice Center.

DATED this 8th day of September, 2004.

For the Executive Committee

________/s/________________________
Wayne Klein
Secretary