May 29, 2007

Vol. 20 No. 3 May/June 2007

v20_no3_may_june.jpg

PDF Version: http://www.utahbar.org/barjournal/pdf/2007_may_june.pdf

COVER: Cover Art Information: Scene near Spirit Lake in the Uintah Mountains. Taken by first time contributor Michael D. Bouwhuis of Ogden, Utah.

* President's Message: Make a Difference, Be a Mentor
* The Utah Court of Appeals - Twenty Years Later
* BYU Alumni Women's Law Forum Survey on Maternity/Paternity Leave and Flexible Schedule Policies for Lawyers
* Utah Law Developments: Utah Department of Commerce Answer Call for Electronic Images of Uniform Commercial Code Filings
* Utah's Parental Involvement Law: Minors' Access to Abortion
* Layering the Foundation
* How to Advise Employers on Immigration Issues
* Mediation Confidentiality and Enforceable Settlements: Deal or No Deal?
* The Strength is in the Research
* Update: The Utah State Law Library
* Standard #1 - Principles that Span the Generations
* Beyond Civility for Paralegals

Letter to the Editor

Dear Editor,
I enjoyed reading both the letter about “the snoozing judge” from the “Anonymous” attorney and the responsive advice of Judge Orme. I do have reason, however, to doubt that the anonymous attorney’s observations are broadly accurate – it’s a curse of our time that the anecdote becomes the generality. I was also surprised that you did not consult any trial court judges, since it is obvious that the letter is aimed at us. Furthermore, each one of us spends more time listening to lawyers and litigants than a dozen appellate court judges, so we have more “opportunity” to doze in court. As one member of the trial bench, I suggest that attorneys who encounter sleepy judges ask themselves a couple of questions.

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Make a Difference, Be a Mentor

Make a Difference, Be a Mentor
by Gus Chin

Recently, several relatively young lawyers expressed frustration with the profession and told me that they have been considering leaving the practice of law. Among the reasons given were burnout, the demands of the profession, non-enjoyment of their practice, the need for a change, and the need for something less stressful. Further discussion revealed that among other things they have unfulfilled expectations, lack balance between personal and professional commitments, and are burdened by stress due to such things as time constraints, caseload management, income deficiency, and multiple demands.

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Thrown Into the Deep End

Thrown Into the Deep End
by Judge Gregory K. Orme

Although the Administrative Office of the Courts had designed an education and orientation program for us so we’d have some sense of what we were supposed to be doing before we started hearing cases, it didn’t really work in my case. I was the Court of Appeals representative on the Judicial Council. Soon after I was sworn in, the Council was scheduled to meet in St. George – maybe in conjunction with the mid-year meeting of the Bar – and the Supreme Court was scheduled to hear cases down there, too. Chief Justice Hall called me at home and asked if I could fill in for Justice Stewart, who wasn’t feeling well and wouldn’t be making the trip. I had been sworn in, but hadn’t read a single brief or heard a single argument as an appellate judge. Our robes hadn’t arrived yet, so I was invited to borrow the Supreme Court’s “loaner,” which proved to be former Justice Henriod’s robe. I accepted the invitation. This promised to be excellent on-the-job training! And it was.

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In the Beginning

In the Beginning
by Judge Judith M. Billings

It was exciting and daunting to be a founding member of the Utah Court of Appeals in 1987. I knew a few members of the court but had not met others. We had been given no internal procedures and faced the challenge of creating a new appellate court that could assist the Utah Supreme Court. From the outset, we were all dedicated to becoming a hardworking, efficient and, most importantly, a collegial court. I personally treasure my association with the founding members of the court and those who subsequently joined us.

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Pioneers in the Utah Judiciary

Pioneers in the Utah Judiciary
by Associate Presiding Judge Pamela T. Greenwood

There were seven of us. We included two district court judges, one juvenile court judge, two civil law practitioners, one corporate counsel, and one Utah Supreme Court staff attorney. We included five men and two women, our ages spanned about twenty years, and our heights ranged from about 5’2” to 6’6” (guess who). None of us knew all of the others who would be our colleagues. We began by having dinner together at Le Parisien, in downtown SLC, to get an initial read of each other. It was a good start.

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Memorable “Firsts” of the Court

em>Memorable “Firsts” of the Court
by Presiding Judge Russell W. Bench

By virtue of the Chief Justice’s decision to swear us in individually and alphabetically, I became the very first member of the Utah Court of Appeals (albeit by only a few minutes). The swearing-in ceremony was conducted in the rotunda of the State Capitol on Saturday January 17, 1987. The following Monday, Judge Norman Jackson and I went to work as court of appeals judges, and the others joined us a couple of weeks later. Judge Jackson and I held the first hearing of the Utah Court of Appeals even before our doors were officially opened. The hearing addressed a criminal defendant’s request for release on a certificate of probable cause while his appeal was pending. Because construction of our courtroom in the Mid-Town Office Plaza was not yet completed, we had to hold the hearing downstairs in a conference room of the Court Administrator’s Office.

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The Utah Court of Appeals – Twenty Years Later

The Utah Court of Appeals – Twenty Years Later
by Judge Gregory K. Orme

In his book, An Unfinished Life – John F. Kennedy, author Robert Dallek quotes Kennedy as saying he felt like he had always been president. I thought that was odd. After all, Kennedy was president for just under three years. Reading this passage, however, did prompt me to muse that I feel like I have always been a Court of Appeals judge. Really. And if I may say so, this seems inherently less incredible. After all, I have been a Court of Appeals judge about seven times longer than Kennedy was president. I have been an appellate judge twice as long as I was a practicing attorney. I have been on the court for two-thirds of my adult life. At the first out-of-state judicial conference I went to, somebody asked me if I was there with my dad; at the last one I went to, somebody asked me when I plan to retire. So I guess I shouldn’t be surprised – much less shocked – to remember that this year marks the twenty-year anniversary of the Utah Court of Appeals.

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May 28, 2007

BYU Alumni Women’s Law Forum Survey on Maternity/Paternity Leave and Flexible Schedule Policies for Lawyers

BYU Alumni Women’s Law Forum Survey on Maternity/Paternity Leave and Flexible Schedule Policies for Lawyers

EDITOR’S NOTE: The editorial staff of the Utah Bar Journal believes that an important part of its mission is to share with our readers information, such as these survey results, which helps to describe the experience of practicing law in our community. We applaud the efforts of the BYU Alumni Women’s Law Forum, which is of course solely responsible for the contents of this report.

The BYU Alumni Women’s Law Forum surveyed several organizations in Salt Lake City regarding their maternity and paternity leave and flexible schedule policies and would like especially to thank those that responded to this survey for their time, effort and willingness to participate. The following spreadsheet is a summary of their survey responses. The data in this spreadsheet was provided directly by the organizations/firms themselves and is provided for informational purposes only. It should not be relied upon in making employment or other decisions or for research or other purposes. The data was current when it was collected. For the most recent information individuals should directly contact the organizations/firms.

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May 27, 2007

Utah Department of Commerce Answers Call for Electronic Images of Uniform Commercial Code Filings

Utah Department of Commerce Answers Call for Electronic Images of Uniform Commercial Code Filings
by Kimberly Frost

For several years, the Division of Corporations and Commercial Code, located within the Utah Department of Commerce, has made it possible for users to file Uniform Commercial Code (UCC) statements electronically, as well as to search the Division’s index of active UCC filings online. In February 2007, the Division launched a new application that allows users to view and print images of paper UCC filings over the Internet. The new application, called “UCC Imaging,” is one more tool the Department of Commerce has added to its menu of online services to make it easier to do business in Utah.

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