Utah Bar Journal

Antitrust Immunity for Utah's Political Subdivisions: The Utah Supreme Court's Opinion in Summit Water v. Summit County
by Mark Glick and Michael Petrogeorge

The Utah Supreme Court's November 4, 2005 opinion in Summit Water v. Summit County, 2005 UT 73, clarifies the circumstances under which Utah's local governments are immune from liability under the provisions of the Utah Antitrust Act, Utah Code Ann. ¤ 76-10-911, et seq. (the "Utah Act"). The Court held that under the plain language of Section 76-10-915(1)(f) of the Utah Act, a municipality is exempt from antitrust liability only if its actions were "authorized or directed" by state law. Adopting the standard for state action immunity under federal law, the Court interpreted the "authorized and directed" language of Section 76-10-915(1)(f) to mean that, for immunity to apply, the municipality's alleged anticompetitive conduct must have been a foreseeable result of action authorized by a state statute. Stated differently, this means that if the activities of a municipality are a foreseeable result of a state statute, such activities are immune from antitrust liability. Only where such conduct is not foreseeable, and it harms the competitive process, is the municipality's activity subject to liability under the Utah Act.

Standard 20 - Just Doing the Right Thing
by Judge John Baxter

Lawyers shall not authorize or encourage their clients or anyone under their direction or supervision to engage in conduct proscribed by these Standards.

"Remove all antitrust materials."

The bright yellow sticky note stared back at me. I was a contract hire, just out of law school and engaged as a discovery mole in a multi-district, multi-plaintiff, multi-defendant, class action and individual plaintiff lawsuit. My colleagues and I had spent literally weeks at the headquarters of major national companies and at the offices of the international law firms who represented them, sifting through box after box - thousands of them - of seemingly irrelevant material seeking documents relating to, you guessed it, an antitrust lawsuit. And here it was, the reason we were not finding much. Someone in authority had instructed someone else to, "Remove all antitrust materials."

Commission Highlights

During its regularly scheduled meeting of June 9, 2006 which was held at Stein Erickson Lodge, Deer Valley, Utah, the Board of Bar Commissioners received the following reports and took the actions indicated.

1. David Bird reported on the Judicial Council and noted that there were four openings in the judiciary since Judges Yeates, Fuchs, Hansen and Fredericks will be retiring within the next seven months. Chief Justice Durham noted that the applicant pool was substantially down from previous years. David outlined the recent judicial salary history in Utah along with benefits judges receive. It was noted that the communication process for advertising judicial openings should have a separate e-mail from the Bar's e-Bulletin.

2006 Fall Forum Awards

The Board of Bar Commissioners is seeking nominations for the 2006 Fall Forum Awards. These awards have a long history of honoring publicly those whose professionalism, public service and personal dedication have significantly enhanced the administration of justice, the delivery of legal services and the building up of the profession. Your award nominations must be submitted in writing to Christy Abad, Executive Secretary, 645 South 200 East, Suite 310, Salt Lake City, UT 84111, no later than Monday, September 18, 2006. The award categories include:

1. Distinguished Community Member Award
2. Pro Bono Lawyer of the Year
3. Professionalism Award

DISTINGUISHED SERVICE AWARD
Utah Minority Bar Association

The Utah Minority Bar Association has promoted the professional advancement of minority lawyers and the social and civic standing of people of color in the state since 1991. UMBA has made great strides in promoting the interests of Utah's minority lawyers and raising awareness of their significant contributions to our system of justice. The association brought esteem and honor to those pioneers of the legal profession last November through its historic First Fifty Celebration, which recognized the profession's rich and diverse cultural heritage. UMBA will receive an award for their efforts from the American Bar Association at its annual convention later this month.

DISTINGUISHED JUDGE OF THE YEAR

Hon. Gordon J. Low - Judge Gordon J. Low received his undergraduate education at Utah State University and a law degree from Arizona State University in 1973. He practiced law in Logan Utah, principally in litigation, both civil and criminal law. Governor Norman S. Bangerter appointed Judge Low to the First District Court bench in 1987 where he served as presiding judge for seven years. He has served as a member of the State Board of Parks and Recreation, a member of the Utah State Bar Commission, a member and chair of the Utah Board of District Court Judges, member and chair of the Utah Judicial Conduct Commission, and currently as the chair of the Standing Committee on Judicial Branch Education. Judge Low and his wife Stephanie, have seven children and thirteen grandchildren.

DISTINGUISHED LAWYER OF THE YEAR

Max D. Wheeler - Mr. Wheeler was born and raised in Ogden, Utah. He received his Bachelor of Science degree in political science from Weber State University in 1965, and his Juris Doctor degree from the University of Utah, College of Law in 1968. His first years as a trial lawyer began in Washington D.C. where he joined the Criminal Section of the Tax Division, United States Department of Justice. In that position, he traveled throughout the United States prosecuting criminal tax cases in many different federal courts.

DISTINGUISHED SECTION OF THE YEAR
Utah State Bar Litigation Section
Elaina Maragakis, Chair

The Litigation Section, with some 1700 members, is the largest and one of the most active sections of the Utah State Bar. Over the years, the Section has instituted a number of programs and resources that serve litigators throughout the State of Utah. The Litigation Section sponsors numerous CLEs throughout the year, including the weeklong NITA Trial Seminar. Additionally, it hosts a quarterly CLE luncheon for members. The section is an active participant in and sponsor of events including the Utah State Bar Annual Convention, Mid-Year Meeting, and Fall Forum. The section has also joined with other sections of the Bar to co-sponsors a number of CLEs.

DISTINGUISHED COMMITTEE OF THE YEAR
Ethics Advisory Opinion Committee
Craig R. Mariger, Chair

The Ethics Advisory Opinion Committee (EAOC) responds to requests for advisory opinions concerning the ethical propriety of professional or personal conduct of members of the Bar under the Utah Rules of Professional Conduct. The EAOC responds to requests by either issuing a formal Ethics Opinion or by issuing an informal Letter Response. The Ethics Opinions of the EAOC are summarized in the Utah Bar Journal and in the ABA/BNA Lawyer's Manual on Professional Conduct and are published in full on the Utah State Bar website and on Westlaw.

Pro Bono Honor Roll

Eric Barnes
Lauren Barros
David Berceau
Jim Brady
David Broadbent
May Pat Cashman
Kenyon Dove
Brent Hall
C. Richard Henriksen
Roger Hoole
Kyle Hoskins
Louise Knauer
Michelle Lesue
Suzanne Marelius
Blaine McBride
Sam Meziani
Michael Mohrman
Grant Nagamatsu
Robert Neeley
Stewart Ralphs
Cecilia Romero
Jim Slemboski
Travis Terry
James Mitch Vilos
Greg Wall
Orson West Jr
Mary Jane Whisenant
Jeanine Williams
Robert Wing
Carolyn Zeuthen

Utah Legal Services and the Utah State Bar wish to thank these attorneys for either accepting a pro bono case or volunteering at clinic during the months of June and July. Call Brenda Teig at (801) 924-3376 to volunteer.

Message from the Chair
by Kathryn K. Shelton

As the new Chair of the Paralegal Division, I am pleased to introduce to you the new officers and directors of the Paralegal Division for 2006-007. These professionals will continue the tradition of excellent leadership and service to our Division members, to the Bar and to the Community. I look forward to working with many members of the Division and its board of directors toward making the Division even more beneficial to its members and continuing its outreach to and support of the legal community. I believe that together we can make a difference in the quality and efficiency of the delivery of legal services. If you would like more information about the Paralegal Division, please visit our website at utahbar.org/sections/paralegals. Our officers and board of directors for the coming year are: