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October 2001 Archives

October 8, 2001

Volume 14 No. 7 October 2001

* The President's Message: The Bar, the Courts, the Legislature and the Unauthorized Practice of Law
* Affirming the Untested - Affirming a Trial Court Based on Issues Raised Sua Sponte
* LDS and Judicial Perspectives on Stories from Jewish Tradition
* New Revisions to Utah's Limited Liability Company Act - The LLC Revolution Rolls On
* Office of Public Guardian
* Utah Law Developments: Update on Environmental Law
* Book Review: The Genesis of Justice

Affirming the Untested - Affirming a Trial Court Based on Issues Raised Sua Sponte

The judge pushed open the door to his chambers, took off his robe, folded it around the wooden hanger, and hung it in the closet. Walking to his desk, he stretched his arms over his head and yawned. It had been another long, tiring morning of summary judgment hearings.

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and Justice for all

The "AND JUSTICE FOR ALL" 2001 Campaign is very glad to announce that Utah's legal community has successfully met the challenge of contributing $300,000 to "AND JUSTICE FOR ALL" this year, triggering a generous $100,000 matching grant from the R. Harold Burton Foundation. Including the Burton Foundation grant, the 2001 "AND JUSTICE FOR ALL" Campaign has raised over $430,000 this year to support civil legal services to the disadvantaged. "AND JUSTICE FOR ALL" is grateful to the supporters of the 2001 Campaign who made this remarkable achievement possible with their commitment to creating access to justice for all Utahns.

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Discipline Corner

On March 29, 2001, the Honorable Richard C. Howe, Chief Justice, Utah Supreme Court, executed an Order Accepting Resignation Pending Discipline in the matter of D. John Musselman.

On October 2, 1997, the Fourth Judicial District Court entered an Order of Suspension and Probation suspending Musselman from the practice of law for two years. All but four months of the suspension were stayed and Musselman was placed on probation for a period of twenty months. The Order of Suspension and Probation provided that if Musselman's probation were revoked, he would be required to serve the entire two years of the suspension.

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Ethics Advisory Opinion Committee

Utah State Bar Ethics Advisory Opinion Committee

Opinion No. 01-05
Issue: What are the ethical implications for a real estate broker who includes in his promotional material that he is also a lawyer?

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LDS and Judicial Perspectives on Stories from Jewish Tradition

On January 26, 2001, at the Joseph Smith Memorial Building, a panel discussion was sponsored by the J. Reuben Clark Law Society, Salt Lake Chapter, in which religious and legal scholars from the Church of Jesus Christ of Latter-day Saints responded to stories from Jewish religious tradition. The panelists were Dallin H. Oaks,2 who in addition to serving in the Quorum of the Twelve Apostles, was a justice of the Utah Supreme Court from 1980 to 1984; Dale A. Kimball, who in addition to serving as a U.S. District Judge for the District of Utah, has also served as a bishop and stake president; and Ralph R. Mabey, who formerly was a U.S. Bankruptcy Judge for the District of Utah and currently serves as a bishop. The stories were selected by and the panel discussion was moderated by Jathan W. Janove, who practices employment law but has a degree in Jewish studies and has served different synagogues in the capacities of religious schoolteacher, youth director and congregational president.

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Message From the Chair

Another year of the Legal Assistant Division (“LAD”) is in full swing. A lot has been going on behind the scenes. This will update you on forthcoming events and goals that the LAD hopes to accomplish this year.

Be sure to mark your calendars for Friday, October 26, 2001, for a full day seminar that the LAD is sponsoring. This is an opportunity that includes a great lineup of CLE topics and speakers. The CLE credit will count towards the annual 10 hour CLE requirement of the LAD.

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

This is the third 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 appeared in the August/September issue and discussed other changes made by the Revised Act.

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Office of Public Guardian

I. Introduction

The Office of Public Guardian (OPG) is the Utah State agency responsible for providing public guardianship and conservatorship services to incapacitated adults.

OPG was established and placed within the Utah State Department of Human Services in 1999, after the Utah Legislature passed Senate Bill 39, sponsored by Senator Lyle Hillyard. This legislation, codified as the Office of Public Guardian (OPG) Act1, was prompted by longstanding concerns about lack of guardianship arrangements for incapacitated adults who have no family members or friends to serve as their guardians. A 1997 study found that as many as 1400 incapacitated Utahans could benefit from a public guardianship system2.

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State Bar News

Commission Highlights

During its regularly scheduled meeting August 24, 2001 which was held in Salt Lake City, the Board of Bar Commissioners received the following reports and took the actions indicated.

1. Scott Daniels reported that he along with Lowry Snow, Frank Carney and Billy Walker had recently visited with Justices Durrant and Howe on the issue of improving professionalism in the Bar.

2. Scott Daniels gave a summary of the unauthorized practice of law status. He noted that there would be a meeting of the Special ad hoc Bar Committee and Legislators on September 11.

3. Mary Gordon, President of Women Lawyers of Utah, has been appointed to the Admissions Committee.

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The Bar, the Courts, the Legislature and the Unauthorized Practice of Law

I am writing this article the second week of September. By the time you read it in the October Bar Journal, you may know more about this issue than I do now, since much is likely to happen between now and October 1. My hope is that I can provide background information for Bar members so if the story hits the media fan, everyone will understand how this problem developed historically and what our options as a profession are. Let me say at the outset that this is a rather convoluted story, as the legislative process is a convoluted process. This issue is important for our profession, however, because I believe what is happening in the legislature now on the issue of unauthorized practice is symptomatic of deeper legislative dissatisfaction with the way the legal profession is regulated. I tell this story from my personal perspective which is somewhat unique, since I am a member of the legislature as well as current Bar President.

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The Genesis of Justice

Judaism is a religion of laws and of debate. In the article in this month's Journal titled "LDS and Judicial Perspectives on Stories from Jewish Tradition" ("Perspectives"), the authors discuss concepts of justice in stories from the collected works of Judaism: the Torah, or Pentateuch, codified oral laws, commentaries and interpretations of text through stories, or midrash. Alan Dershowitz, in The Genesis of Justice, takes just one text as his focus - the first of the Five Books of Moses, or Pentateuch - and discusses what he calls the beginnings of justice for western civilization.

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Update on Environmental Law

With the advent of the new Bush administration and the end of the U.S. Supreme Court term, there is much to report in environmental law. The President has already faced such difficult issues as carbon dioxide emissions, arsenic levels in drinking water, global warming and the Kyoto Protocol. His administration is also reviewing EPA's enforcement initiative against utilities under the Clean Air Act's new source review program, and has proposed the devolution of some of EPA's science and enforcement functions to the states, to be assisted by new federal grants.

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About October 2001

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

August 2001 is the previous archive.

November 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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