Utah Bar Journal

Volume 13 No. 10 December 2000

COVER: Cedar Breaks, Utah, in winter by first-time contributor, Michele Mattsson, Central Staff Attorney, Utah Court of Appeals.

• President's Message: Should We Be Able to Practice Law Everywhere We Can Drive a Car?, by David O. Nuffer


• Circles and Lines, by David O. Nuffer


• Our Most Neglected Story: American History, by Theresa A. Martinez


• A Different Divorce - Collaborative Lawyering, by Brian Florence


• The Doctrine of Interspousal immunity in Utah: Does it Still Exist?, by Stephen Kelson


• State Bar News


• Views From the Bench: Keepers of the Flame, by Justice Michael J. Wilkins


• Legal Assistant Division: Message from the Chair, Ann Streadbeck

by David O. Nuffer

When I leave St. George and drive past the Arizona border (six miles away) or past the Nevada border (30 miles away), I never think about my driver's license. I just sail (observing speed limits, of course) past the "Welcome" sign. What would happen to the race track in Evanston, the casinos in Wendover or the convenience store in Idaho selling lottery tickets if Utahns could not drive out of state? Our right to drive in states other than the one that granted a driver's license is unquestioned. Even foreign countries allow us to drive.

by David O. Nuffer

In response to recommendations of the Task Force on Racial and Ethnic Fairness in the Criminal Justice System, the Utah State Bar is undertaking a program of instruction on cultural competency. This training will first be offered to leadership in the Bar and then, after some experience, may be offered to all members of the Bar.

by Theresa A. Martinez, Associate Professor of Sociology, University of Utah

[NOTE: The Journal's support of the Bar's Cultural Competency Program begins with the following article by Dr. Theresa Martinez. The Bar commissioned this article as part of its effort to increase lawyers' awareness of diverse cultures. Dr. Martinez's article has stories that are hard to hear. But the stories were harder for their tellers to recount, and most harsh to have been lived by those who originally recounted them. By understanding the past as seen by others, we better understand how they see the present. The cultural heritage we each bring to the table affects the way we see each other. Also, as we understand the past, we see that past social norms have been unjust and gain the ability to look critically at our own views. If social injustice has been socially accepted in the past, do we now have some of the same blindness?]

by Brian Florence

Recently, a group of Utah family law practitioners completed a two-day training seminar on Collaborative Family Law. This unique process is generally attributed to the idea of Stuart Webb, a prominent divorce lawyer from Minnesota, who, approximately ten years ago, unilaterally declared disarmament. No longer would he fight the other side. If he and his client couldn't negotiate an out of court settlement, then he would withdraw. He probably felt a little like the person who bought the first fax machine.

by Stephen Kelson

On November 12, 1961, at 2 a.m., a car driven by Theodore Rubalcava was involved in an auto-train collision in the 1600 West block of Salt Lake City. The collision resulted in the death of Mr. Rubalcava and injury to his wife, Lydia Rubalcava, who was a passenger in the car. Two years later, Lydia Rubalcava sued the Union Pacific Railroad and the estate of her deceased husband for the injuries she suffered from the collision. The circumstances of this case gave rise to the question of whether, under Utah law, a wife could sue her husband for an unintentional tort.

During its regularly scheduled meeting October 27, 2000, which was held at Brigham Young University Law School, the Board of Bar Commissioners received the following reports and took the actions indicated.

Over 30 Utah lawyers sought national or state office in the 2000 election. The most prominent was Utah Senator Orrin Hatch, who was an early candidate for President of the United States. He was unsuccessful in that quest but was re-elected as Utah’s senior Senator. Twelve other Utah lawyers were elected to state or national office, including several new members of Utah’s legislature. Among these, Bar President Elect Scott Daniels was elected as a member of the Utah House. Eighteen other Utah attorneys were unsuccessful candidates in the primary election or general election. We recognize all the Utah lawyer candidates for their dedication and contribution to the political process.

by Ann Streadbeck

Thank you to those in the legal community who participated in the Legal Assistant Division/Legal Assistant Association of Utah joint “Utah Legal Community Blood Drive,” held statewide October 16 through October 20. As of the writing of this message, we have not yet received the final tallies from the donor centers. Although we did not reach the goals set by the American Red Cross, with participation at donor centers in Ogden, Salt Lake City, Provo and St. George, our preliminary indication is that the response was great (especially in the St. George area). Thank you to those who joined us in giving life!