Utah Bar Journal

2. David Bird appointed Rod Snow to serve on the Judicial Performance Evaluation Committee. David noted that the JPEC is made up of twelve judges including two appellate judges along with a few lay members. It was stated that only judges who are up for retention are evaluated.

3. David Bird noted that the deadline for President-elect notices are due no later than January 2nd. John Baldwin stated that a letter of intent mailed to the Bar will suffice as "notice".

4. Discussion was held on holding a Commission meeting outside of the Salt Lake County area. David Bird stated that we usually meet with the 5th District members during the Spring Convention and Commissioners will check with the local bars and see what dates and places might be available.

5. David Bird reported that the Judicial Council met recently and members for the Judicial Compensation Committee were appointed. The Council has asked for a 19% increase. The Executive and Judicial Compensation Committees will recommend to the Legislative Appropriations Committee a 21% increase.

6. David Bird reported there is a vacancy in the 3rd Judicial District with Pat Brian retiring.

7. Governor Jon Huntsman met with Dan Becker (State Court Administrator) and Chief Justice Christine Durham on the judicial budget requests which included five new district law clerks, a new judge in the Fourth District and new juvenile judges in three different districts.

8. David Bird reported on the recent quarterly meeting with Chief Justice Christine Durham, John Baldwin, Gus Chin and himself. They discussed: (1) the Bar's performance review status; (2) the status of LAP; (3) the status of recently filed petitions (House Counsel rule, faculty pro bono rule, inactive full service increase); and (4) the recent admission ceremony. David also noted that Chief Justice Durham will write an article relating to the Bar's 75th anniversary for the Bar Journal.

9. John Baldwin said when lawyers fail to pay the annual renewal fee, their status becomes "suspended for non-payment". A number of lawyers have complained that the term "suspended for non-payment" is too harsh and John recommended changing the language to "failure to renew". John concluded his report by stating that where we can replace the term "suspension" we will and noted that changes will need to be made in various rules and policies.

10. John Baldwin reported that petitions for Law School Faculty Providing Pro Bono Services and the new House Counsel admission rule are currently before the Court. If approved, the Bar's membership database will reflect a different status for these limited types of practice categories which staff will need to develop.

11. John Baldwin stated that some time ago the Commission recommended that we establish a procedure for lawyers who have missed the licensing deadline to sign an affidavit so that they are not subject to a late fee. The affidavit would be a notarized form with the attorney attesting that they either did not receive the annual licensing form or that the payment was mailed before the deadline and that the Bar did not receive it.

12. John Baldwin reported that the Bar will no longer send notices of suspensions to the AOC for lawyers on inactive status who have been administratively suspended for non payment. The rational behind this change is that those on inactive status are not eligible to appear in court and practice law regardless of whether they are suspended for nonpayment.

13. John Baldwin reported on the Law and Justice Center Corporation Trustees meeting. John said that when the Law and Justice Center building was built, it was co-owned by the Bar and Law and Justice Center. The promissory note will be paid off in a few years. The LJC corporation currently exists with John Baldwin and Arnold Birrell as officers and Jim Davis, Kate Lahey, Din Whitney and others serving as trustees. Once the Bar buys the building when the note is paid off, the Bar has the ongoing commitment to subsidize renting of the building etc., when the non-profit LJC corporation dissolves.

John noted that space in the northeast corner of the building's basement area will be available in July when the Judicial Conduct Commission offices moves to the Ogden area. A suitable tenant has not been designated yet.

14. John Baldwin reviewed the current status with LegalMatch. John reviewed the Bar's impetus to adopt LegalMatch as follows: (1) the Bar's former lawyer referral service was losing money; (2) a majority of potential clients wanted pro bono legal service; and (3) the number of lawyers electing to participate in the lawyer referral program was decreasing annually. John further stated that a recent issue with LegalMatch assigning social security disability cases to an out-of-state organization of non-lawyers created problems with lawyers who practice in this area of law. John said the Bar is trying to resolve concerns where we can. John said we will keep this item on the agenda and continue to monitor the situation.

15. John Baldwin reported that the Fall Forum held on November 11th was a huge success. There were 507 registrations and it is a good event for the group of lawyers who typically do not attend Annual or Spring Conventions.

John Baldwin also reported on the North Western Conference in Portland, Oregon he recently attended with Joni Seko (Deputy General Counsel for Admissions). This meeting typically concentrates on admission and multijurisdictional practice of law issues.

John Baldwin announced that letters were recently sent to chairs of Bar sections containing ideas of how to spend section funds. He said the Bar is continuing to encourage expenditures commensurate with section goals.

16. Yvette Diaz reported on mandatory disclosure of insurance. She reviewed the Bar's recent e-mail poll. The responses reflect that a significant majority of the membership is opposed to the proposed mandatory disclosure rule. A lengthy discussion ensued. The motion to table the proposed mandatory disclosure via amending the applicable rule passed unopposed. The motion to continue asking questions on the licensing form and facilitate providing educational materials/information and disseminate information to members passed with one commissioner opposed. The motion for the Committee to re-examine the issue of the Bar self-funding malpractice insurance passed unopposed.

17. David Hamilton reported on the Client Security Fund and outlined the CSF claims. He noted that if all the claims were approved, $152,000 would remain in the fund. The motion to approve the CSF claims passed unopposed.

18. Rob Jeffs reported on the Bar Operations Review Committee. He related that the Court may feel a "disconnect" with what the Bar does and how it is accomplished and that the proposed review will better educate the Court about the Bar's policies and procedures. He continued that the review will be somewhat broader in scope than originally anticipated and that the Court believes that it is essential that the process be an independent process. We need to draft a RFP as soon as possible and David Bird suggested having the Commission's Executive Committee assist with the RFP to help speed up the process.

19. George Daines reported on the Lawyers Assistance Program and stated that he had met with the two finalist EAP providers, both of which could interact with LHL. George suggested a start date of March 1st in order to publicize the change and availability of service early. George suggested sitting down with LHL staff to discuss the peer component aspect of the new program, meeting with OPC to discuss the disciplinary diversion aspects of the program and hold discussions with the AOC for attorney referral purposes from judges. This proposal passed unopposed.

20. John Baldwin reported on the October financials.

21. The Jacket Rabbit Bar is scheduled for June 1-3, 2006 in Jackson Hole, Wyoming with Justice Scalia as the speaker. Due to this event, the Bar Commission retreat will be held on June 9-10, 2006.

22. Gus Chin reported on the Bar's 75th Anniversary Recognition plans, which will take place on September 21, 2006 at Rice Eccles stadium. The Commission will hold its regularly scheduled meeting on Friday, September 22, 2006. The August Commission meeting will be held at one of the law schools.

23. Scott Sabey noted that there was great response and participation at the Bar Leadership Conference.

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.