Commission Highlights
During its regularly scheduled meeting of October 7, 2005, which was held in Salt Lake City, Utah, the Board of Bar Commissioners received the following reports and took the actions indicated.
1. Scott Sabey reminded Commissioners of the Leadership Conference to be held October 26, 2005 at the Little America. All those holding leadership positions in bar sections, committees and local bars are invited.
2. David Bird reminded the Commission of the Minority Bar "First 50" Dinner on October 15, 2005. David also reminded everyone about the ABA Mid Year Conference Feb 8-13, 2006 in Chicago and the ABA Annual Conference Aug. 3-8, 2006 in Hawaii.
3. David Bird reported that Lori Nelson will be the chair of the Governmental Relations sub-committee. It was noted that to make the committee more efficient, Lori will be using mostly Bar members and utilizing lawyer members of the Commission for consultations, resources, ideas, etc.
4. David Bird reported on the last Judicial Council meeting held on September 6, 2005. He said the Judicial Conduct Commission receives about 100 complaints a year and moves forward on approximately 15% of those complaints after investigated. Last year, one complaint resulted in a reprimand, 12 matters are ongoing and two resulted in dismissals with a warning. David reports that there is a requirement that a panel of judges hold hearings every three years in every judicial district to determine if a grand jury needs to be convened. He said that in the past 15 years, only three grand juries have convened. David also reported that Utah has led the way with regard to "problem solving court approval process" by holding drug courts, domestic violence courts, etc. He observed that these forums remove groups out of the judicial system and into forums where problems can be more efficiently resolved. David concluded by reporting on the judicial compensation issue. Two issues have been raised: (1) how much money do judges deserve; and (2) how much can they get? There is currently a commission that is analyzing and making recommendations with regards to judicial compensation.
5. David Hamilton gave a brief summary of the Client Security Fund Committee's work. He stated that claim amounts are limited to $20,000 per individual claim and $50,000 maximum paid out for any attorney per year. He said the fund has to remain above $100,000 so next year, the Bar may have to raise the licensing assessment. He noted that in reinstatement cases, paying restitution to the fund is generally a requirement for reinstatement. Claims totaling $43,200 were approved by the Commission, $119,800 in the fund.
6. Steve Owens reported on the Lawyers Assistance Program. Steve summarized the CommissionÕs idea to evaluate LHL to determine whether the Bar should continue the present model or move in a different direction to help lawyers in crisis. Steve stated that the committee intends no criticism towards LHL nor will recommend how much to fund. The Committee narrowed the EAP entities to four and recommended that each should make a presentation to the Bar Commission. The LHL component would be an auxiliary provider and the EAP would be the primary provider. David Bird will appoint a committee to move forward with the focus on EAP and LHL as secondary.
7. The Commission reviewed the 2004-05 audit report. The motion to adopt the audit passed with none opposed.
8. The Commission approved the creation of a Law Student Division. The motion passed with none opposed.
9. The Hon. Richard C. Howe was selected to receive the 2005 Professionalism Award, the Reverend Mr. France A. Davis was selected to receive the Community Member award and Su J. Chon was selected for the Pro Bono Attorney of the Year award. These awards will be presented at the Fall Forum.
10. Discussion was held regarding the new bankruptcy reform laws. The motion to send a letter to Senator Hatch and Bennett on behalf of the Utah State Bar on this issue was unanimously approved by the Commission.
11. The motion to change the name of the "Needs of Elderly Committee" to the "Committee on Law and Aging" passed unanimously.
12. The motion to approve the new Bar admittees passed unanimous.
13. Katherine Fox discussed a current unauthorized practice of law complaint. The Commission approved pursuing formal action for a permanent injunction to enjoin the non-lawyer from further engaging in the practice of law.
14. Discussion was held on Commission travel reimbursement process.
15. Discussion was held on the ADR section proposed bylaw changes and name change. The motion passed unanimouly to adopt the bylaw changes and the name change to Dispute Resolution Section.
16. Paul Moxley reported on the ABA Summary Report.
17. Steve Waterman reported on the Admission's Committee House Counsel Rule. The Commission voted to approve the proposed advisory rule and file a petition with the Utah Supreme Court for final adoption.
18. The Commission discussed the criteria for the "Lifetime Service to Bar Award" in celebration of the 75th anniversary of the Bar in 2006.
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.