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May 2007 Archives

May 29, 2007

Vol. 20 No. 3 May/June 2007


PDF Version: http://www.utahbar.org/barjournal/pdf/2007_may_june.pdf

COVER: Cover Art Information: Scene near Spirit Lake in the Uintah Mountains. Taken by first time contributor Michael D. Bouwhuis of Ogden, Utah.

* President's Message: Make a Difference, Be a Mentor
* The Utah Court of Appeals - Twenty Years Later
* BYU Alumni Women's Law Forum Survey on Maternity/Paternity Leave and Flexible Schedule Policies for Lawyers
* Utah Law Developments: Utah Department of Commerce Answer Call for Electronic Images of Uniform Commercial Code Filings
* Utah's Parental Involvement Law: Minors' Access to Abortion
* Layering the Foundation
* How to Advise Employers on Immigration Issues
* Mediation Confidentiality and Enforceable Settlements: Deal or No Deal?
* The Strength is in the Research
* Update: The Utah State Law Library
* Standard #1 - Principles that Span the Generations
* Beyond Civility for Paralegals

Letter to the Editor

Dear Editor,
I enjoyed reading both the letter about “the snoozing judge” from the “Anonymous” attorney and the responsive advice of Judge Orme. I do have reason, however, to doubt that the anonymous attorney’s observations are broadly accurate – it’s a curse of our time that the anecdote becomes the generality. I was also surprised that you did not consult any trial court judges, since it is obvious that the letter is aimed at us. Furthermore, each one of us spends more time listening to lawyers and litigants than a dozen appellate court judges, so we have more “opportunity” to doze in court. As one member of the trial bench, I suggest that attorneys who encounter sleepy judges ask themselves a couple of questions.

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Make a Difference, Be a Mentor

Make a Difference, Be a Mentor
by Gus Chin

Recently, several relatively young lawyers expressed frustration with the profession and told me that they have been considering leaving the practice of law. Among the reasons given were burnout, the demands of the profession, non-enjoyment of their practice, the need for a change, and the need for something less stressful. Further discussion revealed that among other things they have unfulfilled expectations, lack balance between personal and professional commitments, and are burdened by stress due to such things as time constraints, caseload management, income deficiency, and multiple demands.

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Thrown Into the Deep End

Thrown Into the Deep End
by Judge Gregory K. Orme

Although the Administrative Office of the Courts had designed an education and orientation program for us so we’d have some sense of what we were supposed to be doing before we started hearing cases, it didn’t really work in my case. I was the Court of Appeals representative on the Judicial Council. Soon after I was sworn in, the Council was scheduled to meet in St. George – maybe in conjunction with the mid-year meeting of the Bar – and the Supreme Court was scheduled to hear cases down there, too. Chief Justice Hall called me at home and asked if I could fill in for Justice Stewart, who wasn’t feeling well and wouldn’t be making the trip. I had been sworn in, but hadn’t read a single brief or heard a single argument as an appellate judge. Our robes hadn’t arrived yet, so I was invited to borrow the Supreme Court’s “loaner,” which proved to be former Justice Henriod’s robe. I accepted the invitation. This promised to be excellent on-the-job training! And it was.

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In the Beginning

In the Beginning
by Judge Judith M. Billings

It was exciting and daunting to be a founding member of the Utah Court of Appeals in 1987. I knew a few members of the court but had not met others. We had been given no internal procedures and faced the challenge of creating a new appellate court that could assist the Utah Supreme Court. From the outset, we were all dedicated to becoming a hardworking, efficient and, most importantly, a collegial court. I personally treasure my association with the founding members of the court and those who subsequently joined us.

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Pioneers in the Utah Judiciary

Pioneers in the Utah Judiciary
by Associate Presiding Judge Pamela T. Greenwood

There were seven of us. We included two district court judges, one juvenile court judge, two civil law practitioners, one corporate counsel, and one Utah Supreme Court staff attorney. We included five men and two women, our ages spanned about twenty years, and our heights ranged from about 5’2” to 6’6” (guess who). None of us knew all of the others who would be our colleagues. We began by having dinner together at Le Parisien, in downtown SLC, to get an initial read of each other. It was a good start.

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Memorable “Firsts” of the Court

em>Memorable “Firsts” of the Court
by Presiding Judge Russell W. Bench

By virtue of the Chief Justice’s decision to swear us in individually and alphabetically, I became the very first member of the Utah Court of Appeals (albeit by only a few minutes). The swearing-in ceremony was conducted in the rotunda of the State Capitol on Saturday January 17, 1987. The following Monday, Judge Norman Jackson and I went to work as court of appeals judges, and the others joined us a couple of weeks later. Judge Jackson and I held the first hearing of the Utah Court of Appeals even before our doors were officially opened. The hearing addressed a criminal defendant’s request for release on a certificate of probable cause while his appeal was pending. Because construction of our courtroom in the Mid-Town Office Plaza was not yet completed, we had to hold the hearing downstairs in a conference room of the Court Administrator’s Office.

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The Utah Court of Appeals – Twenty Years Later

The Utah Court of Appeals – Twenty Years Later
by Judge Gregory K. Orme

In his book, An Unfinished Life – John F. Kennedy, author Robert Dallek quotes Kennedy as saying he felt like he had always been president. I thought that was odd. After all, Kennedy was president for just under three years. Reading this passage, however, did prompt me to muse that I feel like I have always been a Court of Appeals judge. Really. And if I may say so, this seems inherently less incredible. After all, I have been a Court of Appeals judge about seven times longer than Kennedy was president. I have been an appellate judge twice as long as I was a practicing attorney. I have been on the court for two-thirds of my adult life. At the first out-of-state judicial conference I went to, somebody asked me if I was there with my dad; at the last one I went to, somebody asked me when I plan to retire. So I guess I shouldn’t be surprised – much less shocked – to remember that this year marks the twenty-year anniversary of the Utah Court of Appeals.

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May 28, 2007

BYU Alumni Women’s Law Forum Survey on Maternity/Paternity Leave and Flexible Schedule Policies for Lawyers

BYU Alumni Women’s Law Forum Survey on Maternity/Paternity Leave and Flexible Schedule Policies for Lawyers

EDITOR’S NOTE: The editorial staff of the Utah Bar Journal believes that an important part of its mission is to share with our readers information, such as these survey results, which helps to describe the experience of practicing law in our community. We applaud the efforts of the BYU Alumni Women’s Law Forum, which is of course solely responsible for the contents of this report.

The BYU Alumni Women’s Law Forum surveyed several organizations in Salt Lake City regarding their maternity and paternity leave and flexible schedule policies and would like especially to thank those that responded to this survey for their time, effort and willingness to participate. The following spreadsheet is a summary of their survey responses. The data in this spreadsheet was provided directly by the organizations/firms themselves and is provided for informational purposes only. It should not be relied upon in making employment or other decisions or for research or other purposes. The data was current when it was collected. For the most recent information individuals should directly contact the organizations/firms.

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May 27, 2007

Utah Department of Commerce Answers Call for Electronic Images of Uniform Commercial Code Filings

Utah Department of Commerce Answers Call for Electronic Images of Uniform Commercial Code Filings
by Kimberly Frost

For several years, the Division of Corporations and Commercial Code, located within the Utah Department of Commerce, has made it possible for users to file Uniform Commercial Code (UCC) statements electronically, as well as to search the Division’s index of active UCC filings online. In February 2007, the Division launched a new application that allows users to view and print images of paper UCC filings over the Internet. The new application, called “UCC Imaging,” is one more tool the Department of Commerce has added to its menu of online services to make it easier to do business in Utah.

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Utah’s Parental Involvement Law: Minors’ Access to Abortion

Utah’s Parental Involvement Law: Minors’ Access to Abortion
by Margaret D. Plane

During the 2006 General Legislative session, Utah amended its laws requiring prior parental notification for minors seeking abortions.1 Utah lawmakers passed House Bill 85 S1, “Abortion by a Minor – Parental Notification and Consent,” which requires, except in limited circumstances, that minors both notify and receive consent from a parent or guardian before obtaining an abortion. See H.B. 85, 56th Leg., 2006 Gen. Sess. (Utah 2006). The amended Utah Parental Consent Act (the Act), Utah Code Ann. § 76-7-304.5, took effect on May 1, 2006.

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Laying the Foundation

Laying the Foundation
by Learned Ham

I don’t like litigation. That’s probably why I haven’t done any for about 20 years. A good 20 years. A great 20 years. Well, that’s one of the reasons, anyway. Another reason would be the senior partner who was eventually assigned to watch me in action. I guess they wondered how someone could be so convincing in an interview and so, well, less than convincing in court. Most of my oral arguments started out with a variation on one of the following themes: “This is probably a long shot, Your Honor, but…” Or, “It isn’t every case that presents this Court with an opportunity to establish its reputation as a maverick in the District, but…” Or, “Fine. I remember very well what you said last time, and you can rule against me again if you want, Your Honor, but…” Or, the proven winner: “Your Honor, you and I may simply have to agree to disagree, but…” I thought the court would be impressed with my candor and I was certain the firm’s lobby would be jammed with clients eager for my unique brand of passive aggressive advocacy. I do remember clients in the lobby. And they were there to discuss my litigation style. And there was a certain eagerness about them. I was probably just ahead of my time.

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How to Advise Employers on Immigration Issues

How to Advise Employers on Immigration Issues
by Roger Tsai

Immigration related liabilities are an increasing concern for employers. In 2006, the number of employers and employees arrested in immigration raids quadrupled, and immigration enforcement will continue to increase in 2007. While hiring undocumented workers has been illegal for twenty years, federal agencies have in the past year shifted from imposing minimal fines to serious criminal penalties against employers that knowingly hire undocumented workers.

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Mediation Confidentiality and Enforceable Settlements: Deal or No Deal?

Mediation Confidentiality and Enforceable Settlements: Deal or No Deal?
by Karin S. Hobbs

Editor’s note: On May 2, 2007, the Utah Supreme Court will hear argument on an interlocutory appeal involving a trial court’s order requiring an attorney to testify regarding mediation discussions.

After hours of mediation, the parties have reached a “deal” on the principal issues. The parties want closure. Attorneys begin preparing the written agreement to ensure the deal is clear, complete, final and enforceable. Mediation discussions continue. Emotions run high as the parties work through the final issues. If the “deal” is not written and signed, is there an agreement? Are the discussions confidential? How do attorneys ensure confidentiality of mediation? How do attorneys create an enforceable settlement agreement and avoid court action?

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May 25, 2007

The Strength is in the Research

The Strength is in the Research
by Duane L. Ostler

America in the mid 1780s was in turmoil. The sacrifice of the sons of liberty had won the revolutionary war, but not the peace. The economy was tattered and practically nonfunctional because of the ongoing British embargo. The various states were constantly quarreling about who should pay war debts. There was much resentment among the common people who had borne the suffering of the war against those who had profited by it. And in the midst of it all, the Continental Congress was powerless to do anything about the deteriorating situation.

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Update: The Utah State Law Library

Update: The Utah State Law Library
by Jessica Van Buren

A Bit of History
The Utah State Law Library has existed in some form since the Territory of Utah was established in 1850. In fact, Congress appropriated $5000 for the library in the same enabling act that created the territory.1 The territorial librarian earned a salary of $400 per year, with an additional $150 for contingent expenses.2 We still have a few books that bear the Territorial Library property stamp.

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May 24, 2007

Standard #1 – Principles that Span the Generations

Standard #1 – Principles that Span the Generations
by Judge Ann Boyden

Not long ago, my fifteen-month old grandson, Juddy, was helping me make my bed. Each step of the process was a big deal. As I smoothed a wrinkle from the sheet, he cheered a supportive, “Good job!” When I handed him a pillow to plump, he beamed a “thank you.” When the task was finally completed, he threw his chubby arms straight up in the air and while pulling them down, shouted “Yes!!”

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Commission Highlights

Commission Highlights
The Board of Bar Commissioners received the following reports and took the actions indicated during their regularly scheduled March 8, 2007 Commission meeting held in St. George, Utah.

1. After review of the Grant Thornton Bar Governance Report, the Commission acted on the specific recommendations as follows:

Recommendation #1 (Consider Changing Board Meeting Attendance Policies to Emphasize Transparency). In light of the discussion that the current Board composition works well, this recommendation was not adopted, particularly as it applied to proposal to limit ex-officio members’ attendance and participation. Commission will consider current policy of continuing to fund both ABA delegates, one of whom is chosen by the Commission and the other who is designated by the ABA. Suggestion made to make more use of a consent calendar to free up more time for more substantive issues.

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Notice of Legislative Rebate

Notice of Legislative Rebate
Bar policies and procedures provide that any member may receive a proportionate dues rebate for legislative related expenditures by notifying the Executive Director, John C. Baldwin, 645 South 200 East, Salt Lake City, UT 84111.

Request for Comment on Proposed Bar Budget

Request for Comment on Proposed Bar Budget
The Bar staff and officers are currently preparing a proposed budget for the fiscal year which begins July 1, 2007 and ends June 30, 2008. The process being followed includes review by the Commission’s Executive Committee and the Bar’s Budget & Finance Committee, prior to adoption of the final budget by the Bar Commission at its June 1, 2007 meeting.

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Mailing of Licensing Forms

Mailing of Licensing Forms
The licensing forms for 2007-08 are scheduled to be mailed during the last week of May and the first week of June. Fees are due July 2, 2007; however fees received or postmarked on or before July 31, 2007 will be processed without penalty.

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Pro Bono Honor Roll

Pro Bono Honor Roll

Stanley Adams
Karen Allen
Deb Badger
Judy Barking
Lauren Barros
Jon J. Bunderson
Shelly Coudreaut
Jeanne Dickey
Brent Hall
Neil Harris
Bret Hicken
Kyle Hoskins

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Committee on Law & Aging Pro Bono Honor Roll

Committee on Law & Aging Pro Bono Honor Roll

Professor Richard Aaron
Kent Alderman
James Baker
Sharon Bertelsen
Richard L. Bird, Jr.
John Borsos
Douglas Cannon
David Castleton
Mary Jane Ciccarello

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2007 Fall Forum Awards

2007 Fall Forum Awards

The Board of Bar Commissioners is seeking nominations for the 2007 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 17, 2007. The award categories include:

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

Discipline Corner

Discipline Corner

On March 21, 2007, the Honorable Robert Hilder, Third Judicial District Court, entered an Order of Discipline: Public Reprimand and [Six Months] Probation against Mitchell R. Jensen for violations of Rules 5.3(a) (Responsibilities Regarding Nonlawyer Assistants), 5.3(b) (Responsibilities Regarding Nonlawyer Assistants), and 8.4(a) (Misconduct) of the Rules of Professional Conduct.

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Beyond Civility for Paralegals

Beyond Civility for Paralegals
by A. Patrice Whitby

After reading an article titled “Civility for Paralegals” by Greg Wayment, Utah Bar Journal, Vol.19 No.7, 2006, I was provoked by several questions originating from Mr. Wayment’s statement, “Incivility has long plagued the legal profession.” Why the legal profession? Where does incivility start? And what can be done to reverse the stigma with which the legal profession has been plagued?

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About May 2007

This page contains all entries posted to Utah Bar Journal in May 2007. They are listed from oldest to newest.

April 2007 is the previous archive.

July 2007 is the next archive.

Many more can be found on the main index page or by looking through the archives.

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