Commission Highlights
During its regularly scheduled meeting of April 22, 2005, which was held in Salt Lake City, Utah, the Board of Bar Commissioners received the following reports and took the actions indicated.
1. George Daines reviewed the retreat schedule for June 3rd and 4th and also gave a report on Western States Bar Conference. George noted that it was the "best affair of its kind," an excellent convention with valuable information.
2. Gus Chin suggested that the Bar should reimburse a higher portion of Commissioners' overnight expenses at the Spring and Annual Conventions. Currently the Bar pays for only two nights accommodations (Wednesday and Thursday) which prohibits attendance at later scheduled events. George would like Gus to draft a memo outlining this issue and would like John Baldwin to prepare a memo on reimbursement policies in time for the June meeting.
3. Steve Waterman presented a discussion on Faculty/Student Bar Relationships concept and distributed a new handout. Under section II of the handout, he explained that the "equivalent" of a character and fitness evaluation has been delegated to the deans of the law schools. Under section III, the Bar would have the right to terminate the faculty member's license to practice at any time. A draft rule would first be submitted to the Commission before sending it to the Court for final approval. Steve also reported that the rule would be limited to in-state ABA approved law schools.
4. John Baldwin proposed an increase in the licensing fee for inactive full service members. Currently, inactive members pay $90 and receive the Bar Journal. The $90, however, does not cover the cost of the Bar Journal. The proposal is to increase the fee to $120 which will cover the Bar Journal and give inactive members access to CaseMaker. The motion to increase the inactive full service fee passed unopposed.
5. George Daines reported that he, David Bird and John Baldwin had met with Chief Justice Christine Durham regarding the Consumer Price Index Petition. George concluded the discussion by observing that a fee increase would be unnecessary this year.
6. George reported that the Court had recently undergone a legislative audit and based, in part, on the value of the experience, believed a similar process would be helpful for the Bar as well. The Court would like the Bar to have a performance audit every 4-5 years as directed. George stated that it would not be a financial audit like the Court experienced this year, but more of a management analysis.
7. George reported on the discussion over the concept of mandatory malpractice insurance disclosure and noted that Justice Durham's reception was a favorable one.
8. George noted that the legislative lawyer CLE concept to give CLE credit for full-time service in the Utah Legislature had been discussed with justice Durham. The motion to support presenting this issue to the MCLE Committee, i.e. to provide MCLE credit to full-time service legislators during the legislative session but lawyer legislators would still be required to complete the required ethics component passed unopposed.
9. George informed Commissioners that D'Arcy Dixon Pignanelli had resigned from the Commission and that the Court will need to appoint a replacement public member.
10. David Hamilton explained the Client Security Fund's recommendations that $23,400 be paid for acts of dishonesty. The Commission voted to approve the claims as set forth without dissent.
11. February Bar Exam Applicants were approved without dissent.
12. Yvette Dias reported on mandatory insurance disclosure. A lengthy discussion followed. The motion to place a malpractice insurance question on the licensing form, a request which asks if the attorney has malpractice insurance (in the minimum amount of $100,000) passed without dissent. The motion for the Committee to meet and draft a report including: (1) the cost of obtaining $100,000 malpractice coverage; (2) the impact on solo practitioners and minorities; (3) review the South Dakota model; (4) the impact on class actions and criminal cases; and (5) the consequences on attorneys who cannot obtain insurance, passed without dissent.
13. Rusty Vetter reported on the research he did regarding other states using Employee Assistance Programs. A lengthy discussion followed. Rusty made a motion to have Katherine and John Baldwin review and edit the RFP form and to solicit responses to the RFP which would be due by the May Commission meeting in order to make a proposal at the June Commission meeting. The motion passed without dissent.
14. David Bird reported on the Judicial Council.
15. John Baldwin reminded everyone of the upcoming Commission election. Ballots will be mailed on May 2nd and counted on June 2nd. Law Day lunch is to be held on May 6th and the Admissions Ceremony at the Salt Palace is to be held on May 24th. Nate Alder informed Commissioners of the Minority Bar Gala event at the Grand America on Saturday, October 12, 2005.
A full text of minutes of this and other meetings of the Bar Commission is available for inspection at the office of the Executive Director.