MINUTES
PARK CITY BAR ASSOCIATION
September 21, 2000

Members in attendance: Christina Miller, Lade Heaton, Natalie Segall, Mark Kozak, Dwayne Vance and Joe Tesch (who made a brief guest appearance midway through the meeting for the express purpose of being put on the attendance roll, although he made no other contribution to the meeting—as if any of the others in attendance made any meaningful contributions)

1. After various informal discussions on a number of topics, the meeting is finally called to order

2. Minutes from August 17, 2000 meeting reviewed and given a big thumbs up by all (although some comments were made about the weak plot and shallow characters, the minutes still averaged a rating of approximately one and one-half stars)

3. Dwayne noted that Mike Katz’s e-mail doesn’t work, and there was some speculation that the reason Mike was not in attendance was because he didn’t get the e-mail reminder (however, Dwayne confirmed with his secretary, Shannon, that Mike indeed had been faxed the reminders)

4. Report on Tuesday Night Bar by Christina (Barbara Sharp had e-mailed in a report for presentation in absentia, which Dwayne was all prepared to give, of which Christina was fully aware, but nevertheless Christina insisted on putting in her two-bits and taking all of the wind out of Dwayne and Barbara’s sails)

a. A closet has been obtained for storage of the materials (for which Barbara was extremely grateful in that it will eliminate the risk of her inadvertantly leaving it at her office in SLC, driving off with it on top of her car, etc.)

b. There was some discussion about piling papers on top of our books in the box stored in the closet so that someone would not be tempted to steal it (this was a real discussion, honest, I am not making this up, although I am curious as to the type of sick and twisted type of person who would want to steal our box)

c. A softbound set of the unannotated 2000 Utah Code has been acquired from the Michie publishing megopoly (Barbara’s reference) and added to the box of tricks

d. Christina won’t be at the next Tuesday Night Bar (instead, she will be traipsing across Italy, we can only hope she doesn’t cause an international incident); Natalie will hunt down the closet with our materials in it using the detailed treasure map provided by Christina

e. Interpreter hasn’t been paid for awhile (see Treasurer’s report below); Christina actually made an out-of-pocket payment to him a while back for which she needs to be reimbursed; if Mark isn’t in a position to pay the interpreter next time, Natalie will pay the interpreter from the Tesch, Thompson & Vance account, and then seek reimbursement from the Park City Bar

f. Barbara did note that it was nice that she and Natalie actually had an opportunity to field some questions in their respective specialties

g. How can we get more attorneys involved instead of just the same old group???

h. Next Tuesday Night Bar is October 3 (which coincidentally happens to be a Tuesday)

5. Treasurer’s report by Mark

a. Notwithstanding at least daily telephone calls to Gary Nielsen, Mark has been unable to talk to Gary to get all of the checks, account books, etc. (it took some time to convince Mark that Gary really wasn’t a figment of our imagination and that the rest of the officers weren’t just pulling a cruel hazing joke on Mark as a new officer)

b. Christina will start having Tassie (from TT&V) start calling Gary as well (the first item on what is going to be a very long to-do list for Tassie)

c. Mark is still holding the dues check he received from the Utah State Bar because he needs the bank books to make the deposit

d. Natalie noted that TT&V still needs to be reimbursed for the Capitol Reef CLE; Mark noted he will cheerfully reimburse expenses fronted for the PC Bar as soon as he gets the bank books

e. Christina is pretty sure that the PC Bar bank account is at the Park City branch of First Security Bank, so perhaps we can follow-up directly with the bank, change the address for the statements, change the signature card, and order new checks if we have to

6. Discussion of membership list

a. Not surprisingly, the Utah State Bar did not send a membership list to Mark when it sent him the check for the dues it has collected; Lade regaled the group with tales of his adventures in obtaining such a membership list from the State Bar last year

b. Other than the list compiled by the State Bar when it collected dues, no one else has a current membership list, and no one has received dues directly from people wanting to join

c. Mark will follow-up with the State Bar and obtain a current list

d. Mark is also compiling a master list of all attorneys within the 84060, 84068 and 84098 zip codes, and he will have a field to indicate whether the attorney is a member of the Park City Bar

7. Christina reported on upcoming Bar Leadership Conference

a. It will be held on Friday, September 29, 2000, from Noon to 4:30 p.m. at the University of Utah Alumni House

b. Christina will be overseas, so Dwayne will attend the conference and give a full report next month (many of the officers were clamoring for the privilege of attending, but apparrently Dwayne is Christina’s pet officer)

8. Discussion of CLE & Ski

a. Some discussion of doing it at The Canyons vs. Deer Valley, and consensus was we would try The Canyons this year; Tassie will call The Canyons to work out a date and start filling in the details

b. We are going to try and do it on Friday, March 9—we don’t want to do it much later than that because the skiing goes downhill (which surprisingly is not necessarily a good thing) that late in the Spring; we also want to avoid Spring Break weekend, so Tassie is going to call the schools to find out when Spring Break is (it is a good thing that Christina is compiling the to-do list for Tassie, because I am having a tough time keeping up, and I am sure I have missed a number of things already)

c. Tentative plan for the program is to have the morning CLE session in the Grand Summit Lodge, then have the afternoon social up the hill at the Red Pine Lodge, and everyone would be given a free gondola pass as part of their registration whether they are skiing or not so they can get to the Red Pine Lodge

d. Christina is going to talk to The Canyons (or more likely is going to have Tassie do it) about having discount rates for members who want to take a snowboard lesson, mogul lesson, etc.

e. Christina also thinks The Canyons will help us with advertising

f. Discussion regarding selection of a moderator

i. Larry Fox has been good, but it might be nice to have Judge Alex Kozinski out of the Ninth Circuit for a change

ii. Christina is going to have Tassie (the funny thing is that Tassie isn’t even Christina’s secretary) contact Judge Kozinski about willingness, availability, and what it would take to get him here—for example, Larry Fox likes to be put up at Deer Valley, etc. (which Lee Caruso might be able to help us with through some of her contacts; depending upon what we hear back from Judge Kozinski we can make a final decision on moderator and make arrangements

g. Discussion regarding panel

i. Discussion regarding potential candidates, such as Pam Nicewonger (I just spelled it the way Christina said it), Lisa Jones, Mary Anne Wood, Jan Graham, someone from Anderson & Karrenberg, Jim Gordon from BYU if Judge Kozinski is the moderator (he clerked for Judge Kozinski), etc.

ii. Charles Groper (again, I just spelled it the way Christina said it) who issues ethics opinons for the State Bar might be a good candidate

iii. Perhaps an all-judge panel would be nice, such as Judge Hilder (Third District-Summit County), Judith Billings (Court of Appeals), Tena Campbell or Dee Benson (federal district court), someone from Tenth Circuit, etc.; we are going to try and see if we can get an all judge panel, not necessarily limited to three individuals, which might help us attract more lawyers to the event

h. We should also send personal invitations to all judges in the Third District, Court of Appeals, Supreme Court, and federal district court, and hand deliver them if possible

i. Discussion of potentially doing another topic, but decision made to stick with ethics

j. Christina will follow-up with Wendy Faber regarding past sponsors

k. Discussion of giving public attorneys a discount

l. Discussion of making morning CLE session only available to law students at a discount (but don’t advertise this on general mailer sent to lawyers)

9. Natalie reported that De Fisher wants to do a CLE on mediation (several moments of stunned silence followed as it took a while for the concept to sink in that after all of our many efforts, we finally have a volunteer from the membership at large)

b. Natalie also reported on her efforts to organize a CLE addressing how to rent out your home/condo/apartment/office/trailer/shack for the Olympics

i. She has been in contact with SLOC, so that they could participate on the panel, and she was told that if we waited until after SLOC returned from the Sydney Olympics, that they would be in a better position to address this topic (not surprisingly, we are going to do their bidding and wait)

ii. Tentatively planning an evening in late October; panel discussion format; probably a two hour extravaganza (doesn’t it sound festive?); open to other professionals and the public at large; possibly send invitations to local housing and real estate professionals; probably charge a small fee, especially if refreshments are served (or to put things in proper perspective, we should charge an outrageous fee in the hopes of cashing in on some of that Olympic payola, and end up having nothing but empty space)

iii. Natalie has talked to Connie at the State Bar, who really, really likes the idea, stated that we should definitely charge for it, and is willing to send out mailers to Bar members at no expense to us (you gotta love the freebies); Connie also explained that there is a difference between charging for refreshments and charging for the CLE itself—we can charge for refreshments without having to kickback anything to the State Bar, however if we charge for the CLE itself we have to slide some greenbacks in the direction of the State Bar

iv. It is possible that we may even make some money off of this program (any possibility we might actually make money deserves its own bullet point)

v. At this point it is hard to estimate what kind of attendance we might have (see, e.g., discussion below re: attendance at Capitol Reef Retreat); Natalie is going to look into space at the library for this gala

vi. We hope to pin down more details by the September meeting

c. Natalie will contact Alex and inquire who he was going to have for the DUI CLE, and try to get that going; amidst considerable, albeit positive, peer pressure, Christina graciously agreed to do the DUI CLE if Natalie needed someone to pinch hit (Christina is also reputed to be quite the switch hitter, although in all honesty she does need to work on her fielding)

d. Natalie will send out a letter to the members soliciting ideas and speakers for other CLE’s; knowing how much success similar inquiries have had in the past, the following ideas were thrown out for consideration

i. Mike can do one on personal injury

ii. Christina can do a family law CLE

iii. Encore performance by Dave Littlefield on immigration

iv. We are almost positive that Lee would be thrilled to do another one on employment law

v. Dave Mabey, one of our illustrious guest speakers at the Capitol Reef Retreat, can probably be persuaded to do a water law presentation

e. Discussion of having Judge Hilder do a luncheon or even an evening meeting with the PC Bar to discuss practice in Summit County similar to his presentation at the Capitol Reef Retreat (which was a real treat, and those who didn’t attend, which is pretty much everyone, really missed out)

6. Report on Capitol Reef Retreat

a. Disappointing turnout in spite of the many comments from people that they had planned on going, wanted to go, thought it would be too hot, blah, blah, blah

b. The weather was actually quite pleasant (i.e., it was not too hot)

c. Those who attended had a rousing good time, and earned CLE in the process

d. The water law presentation by Dave Mabey, the environmental law presentation by Herb (a.k.a. Tim, Craig, etc.) McCarg, and the discussion on practice pointers by Judge Hilder were all excellent

e. An effort will be made to have some type of getaway for the PC Bar each Summer, perhaps Capitol Reef again, or Lake Powell, or we are open to suggestions (hopefully next year the rest of the Bar won’t be such wimps about the weather)

7. Discussion of CLE & Ski

a. Christina is following up with The Canyons as the host site; Deer Valley not an option, and we think we can get a better deal at The Canyons than at Park City Mountain Resort

b. Christina will also follow up with Wendy regarding bank subsidies

c. Discussion of moderator and panel composition; Larry Fox has been good in the past (need to pay for his travel and lodging, possibly could stay in TT&V condo at Grand Summit Lodge), Judge Kozinski out of the Ninth Circuit is a strong contender, possibly the ethics professors from local law schools on panel

d. We should extend personal invitations to the various judges who have come up to Park City in recent years—Judges Hilder, Brian, Nehring, Bohling, Iwasaki, Livingston

e. Will try to do earlier in the year, such as early to mid March

8. Report from Christina on Utah State Bar Board of Commissioners Meetings/Calendar

a. Next one is scheduled for tomorrow, beginning at 9:00 a.m., and apparently lasting all day; topics include Supreme Court task force, ethics advisory opinions, and appointment of new commissioners (at this point the only audible sound other than Christina’s voice is the faint sound of chirping crickets somewhere in the distance)

b. Christina did note that the Commissioner’s calendar listed the upcoming BYU/Wyoming football game (really, I’m not even making this up)

9. Discussion of PC Bar website

a. It appears that Lade Heaton has won (survived) the gladiators challenge, and will be the champion of the PC Bar website; hopefully we will have a full report on this at our next meeting (hey Lade, if you have been wondering why minutes of this meeting were forwarded to you, I think you just found the answer)

b. Natalie reported that she has talked to Lincoln Mead, the webmaster (what a cool title) for the Utah State Bar, and he will post anything we want (within good taste and reason, which may actually be a factor for us) on the State Bar website, and he is also available and willing to help us set up our own website

10. Christina noted that she would like to have a copy of the current members; Mark, you can get this information from the State Bar as part of the check the box registration on the annual State Bar registration form—to date we haven’t had anyone sign up with the PC Bar directly for the current year

11. Discussion of end of Summer Social

a. Christina recommended that we hold it on the deck of Silver Lake Lodge (which recommendation was received well and heartily endorsed by those in attendance, with the added recommendation that Don Henley’s “Boys of Summer” be designated the official theme song)

b. Would be nice to have within the next three weeks (interpretation: we won’t have another PC Bar meeting to plan this); Christina will have Lee check into scheduling, advertising, etc.

c. Judge Hilder should definitely be invited

12. It was noted for the record that Mike’s e-mail address is mkatz@s&j.com (hey Mike, I am going to try and send minutes to you by e-mail from now on, so let me know if you don’t receive this month’s installment; if I don’t hear from you I will just assume that you received the minutes by e-mail with no problems whatsoever)

13. Judge Hilder’s niece, Kate (no one was bright enough to ask her last name) joined the meeting (actually, she joined the meeting closer to its beginning, but it’s always nice to have a good note to end on); she has recently been admitted as a barrister in Australia (I think that’s right, but everyone knows what kind of track record I have), and will be interning with Judge Hilder for three months, maybe longer; lets all make her feel welcome

The meeting was thereafter adjourned (much to the relief of everyone present)
Dwayne Vance, Secretary