MINUTES
PARK CITY BAR ASSOCIATION
March 15, 2001

Members in attendance: Christina Miller, Barbara Sharp, Dwayne Vance, Mark Kozak, Natalie Segal, with a special guest appearance by Shauna Kerr

1. Barbara has to leave at 8:30, so the meeting begins with a report on Tuesday Night Bar

a. Great turnout at last TNB by both attorneys and members of the general public

b. David Littlefield brought a couple of students from his immigration class at the U law school, and gave a presentation upstairs for a couple of hours on the new INS regulations, and attorneys in attendance received CLE credit; there was a full house, which wasn’t necessarily limited to the Hispanic community, but also involved some Asians and other groups

c. Some attorneys showed up for first time, including Jim Stith and Bruce Savage, along with the same old regulars like Barbara, Christina, Mike Katz, etc.

d. Barbara recommended instituting some type of reservation system similar to Salt Lake and Provo; when Barbara shows up just before 6:00 to set up, there are always a number of people waiting impatiently to get in, and it takes a while to get through everyone, but by 7:00 most people have been helped and it is pretty light; it would be nice if we could pace the appointments so there wasn’t such a huge demand up front; it is going to take a few months to get the word out regarding appointments and to transition over to such a system

e. Discussion of getting a phone line with an answering machine that people could call to make appointments, and Barbara could pick up messages and call people back to confirm appointment times; perhaps we could arrange something with the Allwest call center; perhaps a cellular phone with voice mail would be a good option (although we are just opening ourselves up to the risk of having our phone number scratched into the walls and stalls of local public restrooms with the inscription “for a good time call . . .”); Dwayne will look into our options

f. Next TNB is Tuesday, April 3, 2001, and everyone is invited to attend

2. Shauna Kerr engages everyone in a lively and informative discussion regarding Summit County (if Summit County had its own talk show, she would be an ideal host)

a. Mark is presented with the customary soap box, from which he is able to address a number of issues, including access to the county Development Code and other county ordinances, the county law library, website, etc.

b. Brief (and I do mean brief) discussion of website; apparently it exists and is a good start, but it doesn’t sound like anyone has spent much time using it (hey Lade, do we have a website yet?)

c. Discussion of the Summit County law library (it’s true, one actually does exist)

i. Few people know if the existence of the current library in Coalville; apparently you have to go through the Summit County Attorney’s office to get to it

ii. Space for a new library has been built into the new Silver Summit courthouse, but it is in secured area of court behind clerk’s office and is not necessarily a user friendly layout; not unlike the current library in Coalville, users are going to have to know in advance that the library is there and pass through a gauntlet in order to use it

iii. There is no budget (from either the County or the Court) for purchasing books for the library

iv. Shauna is going to try and get some books from Coalville over to the new courthouse, but there is an issue as to whether the books currently in Coalville are part of a public library or whether they should stay put as part of the County Attorney’s office and resources

v. Christina recommended that the PC Bar donate at least an unannotated set of the Utah Code, and perhaps we could spring for an annotated set; everyone was in agreement (or at least no one had the courage to voice any opposition, I wonder if this is what meetings of the Politburo used to be like?); not surprisingly, Christina will have Tassie look into the cost

d. Discussion of the opening of the new courthouse and security issues associated therewith

i. Issues regarding design, particularly with respect to relatively easy access across clerk’s counter, very little screening off of area behind clerk’s counter, ability to view judge’s chamber and jury room from public side of clerk’s counter, large plate glass exterior windows on ground floor rooms for jury and judge’s chambers, etc.

ii. Some security design issues are being addressed, such as a partition visually screening the judge’s chambers and jury room from view from the public side of the clerk’s counter

iii. Some of the security issues are to be addressed by personnel/bailiffs, although there is an issue as to who is responsible for the budget for such personnel and the issues associated with perpetually dealing with annual budgeting for the same

iv. Tentatively planning on a June 1 opening (hopefully complete with free hot dogs and little paper Dixie cups brimming with warm stale soda pop for all in attendance); see notes below regarding Christina’s report on attendance at meeting regarding new courthouse

e. Discussion of Olympic Court (and how to put SLOC and the IOC on trial for the many atrocities they are already responsible for)

i. SLOC has suggested same day trials in which perpetrators and witnesses are all loaded into a van for a fun-filled ride over to the Justice Center, which will be staffed with prosecutors and public defenders, with the trial to immediately occur the same day (everyone then expressed their confidence and support for such a well-thought out process, and the entertainment that is sure to be provided by the three-ring circus of a court in which a drunk perpetrator attempts to give a knowing and voluntarily guilty plea or alternatively gets to go through a trial while intoxicated and/or during the sobering up process)

ii. Much to the chagrin of the local bail bondsmen who are currently making a killing in the market, a system will soon be put in place in which bail and fines can be paid using a Visa credit card (which is the official card of the Olympics after all)

iii. Summit County does have the limited ability to use the Olympic logo on some apparel; Shauna suggested that perhaps the logo could be used on jail jumpsuits, and prisoners would be offered the opportunity to purchase the jumpsuit they were issued, along with some personalization of the apparel; in fact members of the public at large would probably be interested in such a unique memento of the Olympics (is Shauna the consummate entrepreneur or what?)

f. Discussion of compilation and indexing of Summit County ordinances

i. To Shauna’s knowledge, there has never been any attempts made at codifying all of the County ordinances, which is quite a monumental task, and likely will never happen in the regular course of business in light of the limited resources available

ii. Few counties in Utah have codified their ordinances, and those that do generally outsource it to an outside company, which in and of itself is generally a one-year process

iii. Few if any repeals of prior ordinances have occurred, likely resulting in overlapping and/or conflicting ordinances; may require a blanket repeal and fresh start from a date certain with specified ordinances

iv. Ordinances are currently indexed chronologically as enacted, but not indexed by subject matter; comprehensive indexing is probably the first and most doable step; however, there is no budget, personnel or other resources for such indexing

v. As current ordinances are passed, it is believed that they are or will be posted on-line

vi. Perhaps PC Bar could help provide manpower for indexing ordinances; perhaps students from U and Y law schools would be interested in helping (and possibly earning credit in the process); Dwayne will contact both law schools regarding possible assistance from students

3. Approval of Minutes from February meeting (partly as a result of the considerable mocking and jeering by Dwayne regarding Christina’s iron-handed formalistic handling of the Minutes and other items at prior meetings, Christina essentially asks if anyone has a problem with the Minutes from the last meeting, and then announces that they are approved)

4. Scintillating Treasurer’s report by Mark

a. Currently have $12,189.94 in checking account (hard copy of 2001 check register through March 15 is attached to the hard copy of these Minutes—anyone desiring a copy can contact Dwayne’s secretary, Shannon, and she will fax or mail you a copy, the secret password is “payola”)

b. CLE & Ski figures to date are $7,142 in income, and $1,874.25 in expenses, for a net of $5,267.75

5. Riveting CLE report by Natalie

a. 2 hours of CLE credit was given to all attorneys attending Dave Littlefield’s fabulous presentation on new INS regulations at last Tuesday Night Bar

b. CLE & Ski is set for tomorrow (see below—you know, some footnotes, cross references, and meaningless citations could really liven up these Minutes)

c. On Wednesday, March 28, 2001, Doug Johnson and Sam Adams, of one of Park City’s newest law firms, Wilson, Johnson & Adams, will present a brown bagger on recent legislation on forfeitures in water law

d. Sometime in April (likely Wednesday, April 18), Dwayne will do a brown bagger on business organizations, with an emphasis on the distinctions between and the uses of S corporations and limited liability companies

6. Rousing discussion of CLE & Ski (which really isn’t an entirely appropriate name anymore, especially since we are doing at The Canyons this year, and many people with be snowboarding instead of skiing, including Judge Kozinski, and some of the real wimps will simply be riding the gondola, however “CLE & Ski or Board or Gondola” is a little cumbersome and kind of silly)

a. Kozinski & son will be arriving in Salt Lake sometime today; they have arranged for a rental car and don’t want anyone to meet them at the airport; things are all set for the sojourn at Christina’s mom’s house, including fresh linen and cleaning services; Christina asked if it would be okay if the Bar paid for the March utility expenses since the house will essentially be vacant the remainder of the month, and everyone agreed that would be fine

b. Christina recommended that the Bar give something to Tassie in recognition of her selfless efforts on behalf of the Bar, particularly with respect to the CLE & Ski; everyone agreed and Christina will present Tassie with a gift certificate to a restaurant and will volunteer to babysit during the use thereof; Tassie will also be mentioned and recognized at the CLE tomorrow

c. The Canyons is trying to push us into the cave of a bar downstairs for the Apres Ski Reception; we prefer to be upstairs, even if we are mingling with the general public instead of our exclusive private club of legal professionals, and Christina will make sure that it happens

d. Announcements will go out to all Bar members today inviting them to Apres Ski Reception, which is also going to double as our Spring Social, even if they don’t attend the CLE & Ski

e. The panel has already been informed that they will be politely asked to leave if any of them wear a suit or tie—we are really trying to keep this informal; attached to the hard copy of these Minutes is a memo that was sent out to the panel participants, including the hypotheticals that Christina has prepared (anyone who didn’t get a copy at the meeting who would like one can obtain one from Dwayne’s secretary, Shannon, the secret password for this request is “bigwigs”)

f. We can park underground at the Grand Summit Lodge for free if the parking garage is open, otherwise we can use the valet parking (the cost of which sounds like it will be picked up the Bar), or we can park out in the sticks and ride the open air gondola in

g. Kozinski and son are both snowboarders; we are going to get his son an all day ski pass at The Canyons so he can ski all day if he wants to while his dad is involved in the seminar; Natalie volunteered the use of her season pass at Park City Mountain Resort

h. Set up for the CLE will begin at 8:00 a.m. tomorrow, check-in will begin at 8:30 a.m., and the program will begin at 9:00 a.m.

i. Restrictions have been imposed on lunch tickets so they are only good for lunch for one person (rather than a family meal), and alcohol will not be included (people can pay for their own alcohol at lunch and then get smashed on the Bar’s tab during the reception)

j. Audiotapes of the Olympic Rentals CLE will be available for purchase at the CLE, along with free copies of the 2000-2001 directory of Utah attorneys

7. Report from Christina on meetings she has attending regarding Olympic court and new justice center

a. Christina will send out a letter to all members of the Bar which will be chuck full of useful information on these two topics

b. New court building

i. Supposed to be completed by April 30, and open for business the following Monday

ii. Civil cases involving the County and all probate cases will be heard in Coalville; all domestic and criminal cases will be heard at the Justice Center; all other cases will be heard where filed, although Judge Hilder has hinted that he may be leaning towards funneling the remaining cases into the Justice Center rather than holding court in Coalville

iii. Park City will retain prosecution of own cases, but they will be heard in justice court

A. Speaking of Park City prosecution, Julie George, longtime public defender, has recently quit due to issues with Tom Daley

B. Because there are so many rumors flying around, Julie may be sending the PC Bar a letter explaining what happened from her point of view; if that happens, it was agreed that the PC Bar should send Park City (i.e., Mark Harrington), a letter inquiring into what happened to make sure that both sides of the story are presented; perhaps the letter could be signed by Frank Normile or someone associated with the Executive Committee who doesn’t appear in criminal court on a regular basis

iv. The Park City court will move out to the justice center on July 1

v. Previously, small claims court in Park City has been handled by pro tem judges, and has been handled by Judge Saddler at the justice center; pro tem judges will handle all cases at the justice center rather than Judge Saddler, so make sure you get your pro tem judge application submitted as soon as possible (Dwayne expressed his disappointment when he was told that he would not be able to perform marriages as a pro tem judge)

vi. There will be a single computer system for Salt Lake and Summit County cases (does anybody else see a potential problem with that?)

vii. Searches for judgments in Summit County will have to include searches of all three locations—Coalville, Justice Center and Park City

c. Olympic court

i. Dave Thomas is the Summit County contact with SLOC regarding Olympic court

ii. Olympic court at the justice center (Park City court at Marsac long gone)

iii. Access and parking should be an interesting challenge—the justice center will be tied up with general Olympic parking

iv. Judge Hilder may be holding regular court in Coalville

v. Court hours for Olympic court still being discussed, potentially from 8:00 a.m. to Noon and then from 10 p.m. to 2 a.m.

vi. There is another meeting coming up sometime in April

vii. Christina has a copy of a memo that was sent to all Judicial Council Members regarding an update on the Olympics (a copy of which is also attached to the hard copy of these Minutes, and may be obtained by contacting Shannon and using the secret password “Juan Antonio”)

The meeting was thereafter adjourned (at least to the best of my knowledge, because at that point I had already had my fill of donuts and decided it was time to leave the room)

Dwayne Vance, Secretary