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December 2001 Archives

December 7, 2001

December 2001 Bar Journal

* The President's Message: The Saying of D. Frank Wilkins
* INS v. St. Cyr: The Supreme Court and Draconian Congressional Criminal-Immigration Laws
* Utah's DNA Actual Innocence Bill
* Justice Court, Fair and Legal
* Views From the Bench: Education for Justice in Utah
* Mediator Focus: Paths to Mediation, with Sample Clauses

And Justice for all 2001 New Partners Campaign

The "AND JUSTICE FOR ALL" Campaign is very pleased to announce that four new civil legal services providers will receive $21,000 in grants in 2001. "These programs were selected because they help meet the "AND JUSTICE FOR ALL" mission of providing direct civil legal assistance to all Utahns, especially those who face barriers due to income, disability, age, geographic area, or ethnicity," said John Beckstead, President of the Board of Trustees of "AND JUSTICE FOR ALL."
The mission of "AND JUSTICE FOR ALL" is to increase access to civil legal aid for the disadvantaged throughout Utah by creating and sustaining resources to support civil legal services; sharing and consolidating resources so that services are delivered in a more efficient manner, enabling the agencies to serve additional clients; and strengthening the individual beneficiary agencies and the distinct roles they play in the delivery of civil legal services.

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Discipline Corner

On September 21, 2001, the Honorable Richard C. Howe, Chief Justice, Utah Supreme Court, executed an Order Accepting Resignation Pending Discipline in the matter of Ralph W. Curtis.

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Education for Justice in Utah

A high degree of intelligence, patriotism, integrity and morality on the part of every voter in a government by the people being necessary in order to insure the continuance of that government and the prosperity and happiness of the people, the legislative assembly shall make provision for the establishment and maintenance of a system of public schools . . . .

Section 147, Constitution of North Dakota

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INS v. St. Cyr:1 The Supreme Court and Draconian Congressional Criminal-Immigration Laws

On April 24, 1996, former President Clinton reluctantly signed the Anti-Terrorism and Effective Death Penalty Act ("AEDPA"), and thereafter the Illegal Immigration Reform and Immigrant Responsibility Act ("IIRIRA") on September 30, 1996. Both enactments, hereinafter referred to as the "new law," wrought significant changes in immigration law,2 particularly as it relates to criminal aliens.3 These punitive laws included the expansion of the term "aggravated felony" to encompass garden variety crimes like simple theft and vehicular burglary, which the states have traditionally regarded as "misdemeanors." Moreover, Congress made retroactive the "aggravated felony" definition, such that the term now applies to specified crimes regardless of when the conviction was entered (INA ¤ 101(a)(43)). An alien who committed a misdemeanor crime in 1960 when the term "aggravated felony" was not even in the Act, becomes deportable after the new law because the crime is now defined as a felony nearly four decades later. Other punitive aspects of the new law include Immigration and Naturalization Service's ("INS") right to detain in custody aliens who have committed specified crimes without the possibility of a hearing to determine whether they could be released on bond pending deportation proceedings;4 the retroactive and prospective elimination of all forms of relief, including ¤¤ 212(c) and 212(h) relief,5 to convicted aggravated felons regardless of family ties and demonstrated rehabilitation (See INA ¤ 240(a); the definition of "conviction" to reach traditional inconclusive criminal dispositions such as pleas in abeyance(See INA ¤ 101(a)(48)); granting low-level INS officers the ability to solely reinstate prior deportation orders;6 and the elimination of judicial review for criminal aliens who have administratively been ordered removed from the United States (See INA ¤ 242(a)(2)(C)).

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Justice Court, Fair and Legal

In the August/September 2001 issue of the Utah Bar Journal, there was an article (editorial?) regarding an attorney's experience in a justice court. The attorney began by lamenting the fact that he could not simply obtain a dismissal for his client over the telephone. He further lamented that he was forced to go to a justice court to, of all things, actually prove the facts of his case. Imagine. With "spittle forming at [his] lips" and his dander upped, he entered the courtroom. The attorney also assumed an "inherent resentment against an attorney being in a justice court."

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Message From the Chair

Happy Holidays from the Legal Assistant Division. What a great time of year this is. A chill is in the air . . . football games are everywhere you turn . . . and lots of goodies to share!

I want to thank everybody that attended the 1/2 day CLE sponsored by the LAD in late September. The turnout was great. It is your participation that makes these events worthwhile for everyone. We will keep you posted of upcoming CLE events.
The LAD is in the process of compiling a current membership directory and hopes to send it out during December. Sort of a "gift" from the LAD. I know that I use my membership directory all the time, so I am looking forward to an updated version. I hope all of you find the directory useful, as I do.

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Paths to Mediation, with Sample Clauses

The topic of the ADR Section Annual Meeting September 25, 2001 was the judicial referral of cases to mediation. Although some disputes find their way to mediation voluntarily, others end up in mediation through judicial referral, or as a result of a mediation clause in the documents governing the relationship of the parties. This article offers a reason to make mediation compulsory, as well as a sample mediation clause to help the parties insert that "velvet glove" into documents affecting their transactions.

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State Bar News

2002 Mid-Year Convention Awards

The Board of Bar Commissioners is seeking applications for two Bar awards to be given at the 2002 Mid-Year Convention. These awards honor publicly those whose professionalism, public service, and personal dedication have significantly enhanced the administration of justice, the delivery of legal services, and the improvement of the profession. Award applications must be submitted in writing to Maud Thurman, Executive Secretary, 645 South 200 East, Suite 310, Salt Lake City, UT 84111, no later than Friday, January 18, 2002.

1. Dorathy Merrill Brothers Award - For the Advancement of Women in the Legal Profession.

2. Raymond S. Uno Award - For the Advancement of Minorities in the Legal Profession.


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The Sayings of D. Frank Wilkins

The real joy of serving on the Bar Commission comes in the friendships and associations that develop. Judge D. Frank Wilkins is one of the truly remarkable people I have known. As I sat with him at Commission meetings, I frequently marveled at his eloquent statements. After I served about three years, I began to record his sayings as best I could. I deeply regret that I didn't start writing them down sooner. Let me share a few of my favorites:

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Utah's DNA Actual Innocence Bill

This year, the Utah Legislature quietly passed SB 172, "Postconviction DNA Testing," sponsored by Senator Lyle Hillyard. It was a major piece of legislation, and created a mechanism for people wrongfully convicted of felonies to seek exoneration through DNA technology. In this article I will discuss the background of how the bill came into existence and explain the key features of the new law.

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About December 2001

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

November 2001 is the previous archive.

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