MINUTES
PARK CITY BAR ASSOCIATION
February 15, 2001

Members in attendance: Christina Miller, Barbara Sharp, Dwayne Vance, Mark Kozak, Natalie Segall, Frank Normile, Mark Harrington and Joe Tesch (for almost sixty seconds).

1. Minutes from January meeting are reluctantly approved amidst grunts and groans from all in attendance

2. Frank Normile receives a warm welcome as our newest officer—Vice President (although he makes a valiant effort to conceal his disappointment, it is painfully clear that Frank was expecting something more along the lines of a coronation or at least a live press conference for his swearing in, instead there is just a lot of swearing)

3. Christina reported that Shauna Kerr had a meeting this morning, but will try to come to our meeting in March to discuss some county issues and how the Bar can help with the Summit County Law Library (blank stares are exchanged by all around the table, and it is confirmed that yes indeed there is a room somewhere in the bowels of the county courthouse in Coalville with one or two Pacific Reporters and a Utah Code masquerading as a library)

4. Mark Harrington is then trotted out as our first guest on this morning’s program

a. Discussion of consolidation of Park City court with Justice Center

i. There used to be a Park City circuit court in the basement of Marsac, which became a district court seated in Park City with the consolidation that occurred back in ’94

ii. Park City has evaluated space needs and security regarding the Park City court (while field trips of local school children are encouraged, apparently the City is not as congenial when it comes to unauthorized field trips by unsupervised criminals)

iii. Park City has given the legislature the required one year notice to dissolve the Park City court and merge it with the Justice Center, which will have a May 1 effective date (give or take a month)

iv. Bob Stevens, Administrative Director with Park City, administers the Park City court, and has been involved in the transition

v. Last December all of the big wigs got together to address the merger, with the result being that all Park City misdemeanors will now go to Judge Saddler’s justice court rather than Judge Hilder’s district court

vi. Park City is not going to pursue any further a consolidation with the district court rather than the justice court, but if anyone else is interested in cause they are welcome to take up the torch (and carry it, rather than using it to set fire to any of the courts)

vii. Park City will retain the prosecution in-house rather than consolidating with the County

viii. Small claims court previously seated in Marsac will also be consolidated with small claims court at justice center; Christina heard that pro tem judges used in Park City small claims court may be continued at justice center rather than having Judge Saddler hear all small claims

b. Discussion of Olympics and the courts

i. A special Olympic court (not to be confused with a “special Olympics” court), will be established during the Olympics to address Olympic related criminal prosecution; probably established at justice center, although some loose talk about it being at Marsac even though no has approached Park City with such a proposal

ii. Special state and federal prosecutors will be cross-deputized, with a catch and release (bag & tag) mentality (what an opportune time to commit a crime)

iii. All non-Olympic related criminal prosecution will be suspended during Olympics

iv. Civil court during the Olympics remains an unanswered question

A. There has been some loose talk about night court (but Judge Saddler indicated to Christina he wouldn’t be sitting on any night court)

B. Judge Hilder has indicated to Christina that he might just hold court on all matters in Coalville during the Olympics

C. Civil court may just be closed in Summit County for three weeks during Olympics, although someone would have to be available for emergency matters

D. Dave Thomas is supposed to be coordinating the Summit County justice component, but there has been a serious lack of communication

E. Mark will let us know who contacts are on Olympic Justice Committee, but it appears Dave Thomas is the only Summit County attorney on the committee

c. Discussion of And Justice For All fundraising campaign

i. Mark has been asked to do another fundraiser in Park City

ii. Perhaps a special legal-related film at the Santy Auditorium, with a reception beforehand over at the Miner’s Hospital (or we could have a wild party up in the Oaks and hope no one calls the cops); Frank solemnly pledged the full support and cooperation of the Park City Film Series for such a worthy cause

iii. Perhaps do it sometime at the end of April or close to Law Day on May 1, although the And Justice For All folks would prefer to do it earlier

iv. May 1, Law Day, is also the night of the May Tuesday Night Bar

d. Mark was then thanked for participating with us on the show, as the producer was waving wildly for us to pick up the pace in order to get through the rest of the show (not unlike Late Night With David Letterman, during which the first guest always seems to monopolize all of the time, leaving some poor guy from Winnemucca sitting backstage and missing his one and only chance to be on network television performing his county award winning pig call; the difference is we don’t have to answer to advertisers and/or stuffed shirt network executives, it was truly a pleasure having Mark join us, no one was left sitting by themselves backstage, and in the end the meeting lasted about as long as it generally does and we still had time to cover everything)

5. Tuesday Night Bar report by . . . (drum roll) . . . Barbara! (big fanfare from the band)

a. Great attorney turnout last time; Mike Katz made it for the second consecutive month, Dwayne even showed up much to everyone’s (and most especially Barbara’s) dismay, along with the regulars—Christina, Natalie and Barb

b. An article ran in the Park Record about the new immigration law, and in the same article referenced the TNB as a great place to get free legal advice, which resulted in a whole boatload of people showing up at the TNB (which in and of itself is not necessarily a problem) looking for legal advice on immigration law (which is a problem in that the attorneys in attendance know about as much about immigration law as they know about Mendel’s Law (not Murphy’s law)—go ahead and look it up); apparently someone from the INS has already done a seminar in Park City subsequent to the last TNB; Christina is still gong to try and get David Littlefield, some other immigration attorney, or someone from INS, to show up at the next TNB just in case we get a flood of people with immigration questions again

c. Barb is still trying to infuse some new attorney blood into the TNB; apparently we scared off Sam Adams for good, but other attorneys have been telephoning her and Natalie to express interest in helping out

d. Christina and Natalie plugged the TNB on KPCW on Tuesday evening earlier this week (Christina attempted, albeit unsuccessfully, to use this an opportunity to report on the PC Bar’s challenge grant to KPCW, but Barb held her ground and Christina reluctantly had to wait her turn)

e. Barb received a lot of information and written guidelines from the State Bar about the TNB program and ethical issues related thereto, including an Ethic’s Opinion issued June 30, 1999; Barb will attempt (and no doubt succeed) to distill this information overload down to a one page handout for attorney volunteers at the TNB

6. Report by Christina on PC Bar challenge grant to KPCW

a. PC Bar made a $500 challenge grant to KPCW as part of its fundraiser this past week—if KPCW received 25 different pledges (regardless of amount) during the two hours that Christina and Natalie were on the air, then KPCW would get the $500; with five minutes left and seven pledges yet to be pledged, a flood of calls came in at the last minute to secure the donation

b. Christina claims this was approved through informal contacts she made with the Board members, and everyone confirmed and ratified such action at the meeting (whether they meant to or not)

c. Christina and Natalie were on the air during primetime from 5-7 last Tuesday, February 13, 2001 (luckily only the KPCW staff was forced to listen to them for the entire two hours); they plugged the Tuesday Night Bar and the Olympic rentals audio tapes we are peddling

7. CLE report by Natalie (and pretty much anyone else who wanted to jump in—Christina)

a. Having a difficult time putting together Brown Bag CLE’s; Ryan Tibbits is being pretty wishy washy about his Microsoft presentation; John Hanlon hasn’t confirmed his reverse 1031 exchange transaction presentation, but will likely do it sometime in April; Dwayne was strong armed into a presentation on S corporations vs. LLC’s on Wednesday, March 7 (although it wouldn’t have taken a very strong arm, Dwayne is on track to get into the Guinness World Book of Record’s for most consecutive arm-wrestling losses, and most of them are to girls); Christina claims she has already done about eight Brown Bag CLE’s (but we all know she is lying like a rug)

b. Report on Olympic rentals CLE

i. Outstanding turnout, unofficial count was approximately 260 people (give or take about 259 people), with about 30 of them being lawyers (give or take a few liars who just wanted to get in for free)

ii. Natalie has followed up with the panel members, who have all had very positive responses from attendees

iii. Natalie has also gotten a decent response for audiotapes of the presentation

iv. Natalie recommended that the PC Bar send each of the panel participants a token of our appreciation, like a bottle of wine, and that Starbucks be given a little something too, and she was duly authorized to do so (her idea, her job to follow up on, let that be a lesson to the rest of you)

v. Mark made a gross deposit from the presentation of $975 from admissions and concessions; after expenses (including $241 for Wasatch Audio, $110 for the auditorium rental, and some insane amount for candy), we probably netted about $600

8. Discussion of CLE & Ski

a. Set for Friday, March 16, at The Canyons (the State Bar is going to rue the day they attempted to compete with us with the mid-year convention)

b. Fliers were sent out last week, and 37 people have already signed up (Barbara promptly made that 38)

c. Dwayne noted that the CLE & Ski was not on the CLE calendar on the State Bar’s website; Christina will follow-up with the State Bar re: advertising (the State Bar is really going to rue the day Christina had to call them to inquire why they were advertising the mid-year convention to the complete exclusion of our blessed event)

d. Frontier Bank has stepped up to the plate and will be sponsoring the afternoon/evening reception to the tune of $2,000, although Marc Estabrook is trying to come up with $2,500

e. Christina has finalized all of the details with The Canyons; valet parking at Grand Summit will be included with everyone’s price of admission (but please feel free to tip the valet, and if you think free legal advice qualifies as a tip, be prepared for some free, unsolicited advice in return)

f. Speakers are all lined up and ready to go

g. We’ll be putting Kozinski up at Christina’s mom’s house in Black Hawk (three bedroom, currently vacant, and free!); we will get a maid service to go in and make the bed and kind of generally straighten the place up, and then clean the entire place after the Kozinski clan has vacated the premises; we will pay to fly him coach, and then he is using his own frequent flyer miles to upgrade to first class (which is the act of a truly first class guy); we’ll pay for a rental car and either meet him at the airport (Dwayne or Barbara would be happy to) or we can send him a map

h. Some people have called inquiring into a discount if they won’t be skiing; it was agreed that we wouldn’t advertise a discount, but anyone who calls requesting a discount because they won’t be skiing will be given a $39 discount (except for Mark, who will be charged an extra $39 if he makes an issue of his season pass at The Canyons)

i. Closer to the date, and after we have pretty much concluded registration for the CLE & Ski, we’ll send out a flier to all PC Bar members advertising that the PC Bar Winter Social will coincide (coincidentally) with the afternoon/evening reception of the CLE & Ski, so all PC Bar members who don’t attend the CLE & Ski are more than welcome, and actually encouraged, to attend the reception/social

9. Brief report (and I do mean brief, and not in the legal sense of the word) on Law Day

a. Christina has left a number of messages for principals at local schools, but hasn’t heard back from any of them

b. That’s it (told you it was brief)

10. Report on donation to Park City Education Foundation

a. Christina sent in the check for $1,000, but didn’t sign it (our fearless leader in action)

b. She promises to sign the check when she attends the function (we hope she remembers to attend the function)

11. Treasurer’s report by Mark (we always save the best for last)

a. CD is same as last month, nothing has changed

b. Checking account currently has $3,986.24 after deducting checks issued this morning for Park Record and KPCW (real time accounting, is Mark good or what)

c. Mark submitted a hard copy of a summary of all checking account transactions from January 20, through February 15, 2001, which is attached to the hard copy of these minutes (if anyone wants a copy of this summary they can contact Shannon at Dwayne’s office and ask her to fax them a copy of the summary—the secret password is “pcbargate”)

The meeting was thereafter adjourned (and the attendees stood up and wandered aimlessly about until the finally found the front door and stumbled along their way)

Dwayne Vance, Secretary