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August 2001 Archives

August 8, 2001

Volume 14 No. 6 Aug/Sept 2001

* The President's Message: Show Me the Money!
* New Revisions to Utah's Limited Liability Company Act - The LLC Revolution Rolls On
* Guardianships and Conservatorships
* Utah Zoning Law: Appeals
* Justice Court, Fairness and the Law
* Views From the Bench: A Life Celebrated
* Utah Law Developments: Recent Amendments to the Federal Rules of Civil Procedure for Utah Practitioners

A Life Celebrated

EDITOR'S NOTE: In 1987, Anne Stirba was named the Utah State Bar's Outstanding Young Lawyer of the Year. This summer, the Bar honored her as Judge of the Year. In the span of years in between, she served as an administrative law judge, Assistant U.S. Attorney, and Third District Court Judge. She served terms as a Bar Commissioner and member of the Judicial Council. During most of that time, she also fought a quiet and determined battle against cancer, which could not kill her professionalism, devotion to family and friends, or keen sense of humor, but eventually took her life. The following remarks were made by Justice Christine Durham and Judge Tyrone Medley at Judge Stirba's funeral, held on July 19, 2001. Justice Durham and Judge Medley have graciously permitted them to be reprinted here.

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A Tribute to the Law

EDITOR'S NOTE: Judge Dee Benson is Chief Judge of the United States District Court for the District of Utah. This article was originally delivered as the keynote address at the Law Day luncheon on May 1, 2001, sponsored by the Young Lawyers Division of the Utah State Bar.

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Discipline Corner

On April 13, 2001, the Honorable Leslie A. Lewis, Third Judicial District Court, entered an Order of Discipline: Suspension suspending George G. Ventura from the practice of law for ninety days for violation of Rules 1.6 (Confidentiality of Information) and 8.4(a) and (b) (Misconduct) of the Rules of Professional Conduct. In addition to the ninety day suspension, Ventura was placed on unsupervised probation for nine months.

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Guardianships and Conservatorships

I. Introduction

Advances in health care and in treatment of diseases in our society have resulted in longer life expectancy. Unfortunately, the gains we have made in improving our physical well-being have not been matched with longevity in our mental well-being. Our minds are not keeping up with our bodies. As a result, many people need increasing levels of support as they age. These individuals begin to rely on others to help them make more of their decisions of daily living. When their mental state reaches a stage that they can no longer manage their financial affairs or provide for their personal needs and safety, surrogate decision makers must make these decisions for them. The surrogate decision makers are usually family members or close, trusted friends. However, many people outlive family and friends necessitating the use of other resources. Those resources may include professional public and private decision-makers. All of these surrogate decision makers must have some source of legal authority for making these decisions. Often these arrangements include joint ownership of assets and the use of legal documents, such as powers of attorney. If these informal options are not available for some reason, or if third parties are requested to provide services, for example, by the placement of the individual in a care facility, some more formal authority must be obtained by the decision maker. This is usually a court appointed guardian or conservator.

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Justice Court, Fairness and the Law

With my Sword of Justice in hand, I sallied forth as a modern Sir Galahad to face the dragon in justice court.1 I am still nursing wounds.

In July 1999, Doug and Jennifer re-licensed their automobile. The Department of Motor Vehicles issued a sticker expiring July 2000, but erred by manually stamping "1999" on the registration. Jennifer and Doug attached the sticker to the license plate and placed the registration in the car's glove compartment.

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Legal Assistant Division

On Friday, June 8, 2001, the Legal Assistant Division (“LAD”) held its annual members meeting at the Utah Law and Justice Center. In addition to the meeting, 6.0 hours of CLE were provided. Between the meeting and CLE, over 50 people attended. Robyn Dotterer, Sanda Kirkham and Cynthia Mendenhall were elected as new Directors.

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New Revisions to Utah's Limited Liability Company Act - The LLC Revolution Rolls On

This is the second of a three-part series discussing the Utah Revised Limited Liability Company Act passed by the Utah Legislature on February 23, 2001. Part I, which appeared in the June/July 2001 issue, gave an overview of the Revised Act and described part of the changes made by the Revised Act. Part II discusses other changes made by the Revised Act. Part III will appear in the October issue and will discuss transition issues and tips for drafting and planning under the Revised Act.

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New Young Lawyers Division Officers Elected

Allow me to introduce to you the newly-elected officers of the Bar's Young Lawyers' Division. These five talented individuals will continue the YLD tradition of service to its members, the Bar, and the Community.

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Recent Amendments to the Federal Rules of Civil Procedure for Utah Practitioners

A. Overview
The FRCP were originally promulgated by the U.S. Supreme Court on December 20, 1937. Since that time, they have been amended 24 times, most recently in April 2000, with changes made effective as of December 1, 2000. The Supreme Court Order provides that the amendments "shall govern all proceedings in civil cases thereafter commenced and, insofar as just and practicable, all proceedings in civil cases then pending." Therefore, any case which is active in federal court on December 1, 2000, is subject to the amendments.

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Show Me the Money!

In the last month most of us have experienced one of the more painful interactions we have with the Utah State Bar - the payment of the annual licensing fees. There was a time when as a government employee or member of a large firm, I didn't really mind the fee, since I didn't pay it out of my pocket. But now as a sole practitioner, when I write the check, I feel the pain.

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State Bar News

Commission Highlights

During its regularly scheduled meeting of June 8, 2001 which was held at the Pack Creek Ranch, Moab, Utah the Board of Bar Commissioners received the following reports and took the actions indicated.

1. Scott Daniels reported on Mid-Year and Annual Conventions.

2. Denise Dragoo discussed the Bar Journal and the reduction of costs by publishing nine rather than ten issues per year.

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Utah Bar Foundation 2001 IOLTA Grant Awards

2001 IOLTA Grant Awards

The Utah Bar Foundation has awarded the 2001 IOLTA Grants. Recipients for this year are as follows:

Legal Aid Society: $105,600
Utah Legal Services: $105,600
Law Related Education: $50,000
Immigration Law Project: $30,000
DNA People's Legal Services: $28,800
Multi-Cultural Legal Center: $24,500
Disability Law Center: $24,000
Utah Dispute Resolution: $20,000
ULS Senior Lawyer Project: $6,500
Scholarships: $6,000
Total: $401,000

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Utah Zoning Law: Appeals

This article is the third in a series of three on Utah zoning law. The first article is entitled Utah Zoning Law: The Zoning Ordinance, and appeared in the April 2001 issue. The second is entitled Utah Zoning Law: Enforcement, and appeared in the June/July 2001 issue.

I. Appeals1
This article deals with the "appeals" that may be pursued in Utah when the rights of parties may have been violated in the process of regulating land uses. In Utah zoning law, there are three proceedings that may be loosely referred to as an "appeal":

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About August 2001

This page contains all entries posted to Utah Bar Journal in August 2001. They are listed from oldest to newest.

June 2001 is the previous archive.

October 2001 is the next archive.

Many more can be found on the main index page or by looking through the archives.

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