Commission Highlights
During its regularly scheduled meeting of July 13, 2005, which was held in Sun Valley, Idaho, the Board of Bar Commissioners received the following reports and took the actions indicated.
1. George Daines reviewed the convention schedule and announced that Hod Greeley (ABA Area Representative) Jim Smith (Arizona Bar) and Dennis Jonz (President of New Mexico Bar) would be attending the convention as visiting dignitaries. He also introduced Stephen Burt as the new public member recently appointed by the Supreme Court.
2. George announced that he would make a short presentation at the opening session of the convention regarding the proposed mandatory insurance disclosure rule. John Baldwin informed Commissioners that a notice of the proposal was placed in a recent E-Bulletin and the Bar had so far received four or five responses, all of which were opposed.
3. George reported that he received a letter of response from the Supreme Court on the CPI Index petition. While the Court would like to see details each time we request a fee increase, they will expedite requests. He further reported that because the Bar is in sound financial condition, there was no real harm in the CourtÕs denial of the petition. He also reported that the Court recently issued an order defining the practice of law and an order permitting non-lawyer representation in small claims court under certain conditions. New IOLTA rules also were recently approved by the Court. These rules require mandatory IOLTA participation, but allow for approved exemptions.
4. George reported that the Admissions Committee had finalized the proposed Law School Faculty Rule which provided limited admission for in-state law school faculty member to perform pro bono legal services without being a member of the Bar. The motion to approve the rule passed with Steve Burt opposed.
5. George stated that the Appellate Section wished to amend their bylaws. Discussion followed, the amendments were approved and it was suggested to revisit the issue of section/committee participation in the Governmental Relations Committee in the fall during the section/committee leadership workshop.
6. The motion to reappoint Lisa Hurtado Armstrong, Jody K. Burnett, Thom B. Roberts, Lauren I. Scholnick, Erik Strindberg and Roland F. Uresk to the Legal Services Board passed unopposed.
7. Steve Owens had been asked to chair a LAP sub-committee and the sub-committee members were announced: Gus Chin, George Daines, Leslie Francis (Professor at University of Utah), Felshaw King, Robert Part (AOCÕs Human Resource Director) and Julie Wray. The motion to approve the sub-committee membership passed with none opposed. George would like the sub-committee to evaluate RFPÕs and come back with a report and recommendations. David Bird reminded the sub-committee members that they are to evaluate the proposals rather than actually designate a provider.
8. John Baldwin reported on the 2005-06 budget and stated that the admissions department has the largest ever July exam pending. General discussion ensued about the admissions budget. As the Commission voted last year to ensure the admissions department pay for itself (via a Bar resolution), this issue needs to be closely monitored and revisited in December.
George provided background information on the BarÕs budget to new Commissioners. He characterized the budget as well run and observed the commission receives quarterly financial reports. The 2005-06 budget was approved with no opposition.
Scott Sabey stated that in view of the tremendous benefit that UDR provides in reducing the number of small claims cases, he supported approving the grant request. Gus Chin observed that UDR helps fulfill the BarÕs basic mission and other Commissioners concurred. The motion to approve the UDR grant request passed with David Bird opposed.
9. Craig Mariger (Chair of the Ethics Advisory Opinion Committee), Mary Corporon and Gary Sackett (both members of the Ethics Advisory Opinion Committee) were in attendance for the discussion of the Ethics Advisory Opinion #05-03. After a lengthy discussion, a vote was taken to approve majority opinion with portions modified as amended. Ten Commissioners voted in favor while David Bird and Felshaw King were opposed.
10. George welcomed new Commission members Rod Snow, Lori Nelson, Herm Olsen and Steve Burt.
George announced that Ex-Officio Commission positions for the upcoming year would be: the Young Lawyers Division, Women Lawyers of Utah, UMBA, the Paralegal Division, the Deans of the two Utah law schools, and the two ABA positions as well as a Past President position. The motion to approve the positions passed with none opposed.
11. David Bird announced that the Executive Committee members would be: Gus Chin, Nate Alder, Lowry Snow and Scott Sabey. The motion to approve the Executive Committee membership passed unopposed.
David Bird made a motion to allow the new Executive Committee members to sign Bar checks. The motion passed unopposed.
12. George reviewed the Commission meeting schedule for 2005-06. He noted that the October meeting may be held in Logan rather than Salt Lake.
13. Steve Owens, Rusty Vetter, David Bird and George Daines were duly recognized for their valuable service as Bar Commissioners.
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.