Utah Bar Journal

Commission Highlights

The Board of Bar Commissioners received the following reports and took the actions indicated during the October 24, 2008 Commission meeting held at the Law & Justice Center in Salt Lake City, Utah.

1. The Commission approved Professionalism Awards to be given to Ellen Maycock and Don Winder. The Pro Bono Award was given to Ruth Lybbert, Paul Simmons, and David Olsen. Carma Harper was selected to receive the Community Member Award for her work on the Wills for Heroes Project and Troy Booher was awarded the Heart and Hands honor. The Commission also recognized the lifetime service of Judge J. Thomas Greene, Joseph Novak, Reed Martineau, and M. Dayle Jeffs. These awards were presented at the Fall Forum.

Commission Highlights

The Board of Bar Commissioners received the following reports and took the actions indicated during the September 12, 2008 Commission meeting held at the Law & Justice Center in Salt Lake City, Utah.

1. The Commission approved a Distinguished Service Award for “and Justice for All” in recognition of their outstanding service toward the creation of a better public understanding of the legal profession and the administration of justice.

2. The Commission approved appointments to the Bar Operations Review Committees for evaluations of the Office of Professional Conduct, Continuing Legal Education, Fee Dispute Resolution, the Fund for Client Protection, and the Law & Justice Center. Evaluations of these Bar programs are set to begin in October 2008.

Whistle-Blower Policy

Bar Commissioners, Bar staff, and any member of the Bar may anonymously report concerns regarding fraud, violations of law, conflicts of interest, other breakdown in internal controls, financial reporting issues, and other areas of major governance concern to the Chief Justice of the Utah Supreme Court for investigation and action as is deemed by the Chief Justice to be appropriate.

Notice of Election of Bar Commissioners

Third, Fourth, and Fifth Divisions
Pursuant to the Rules for Integration and Management of the Utah State Bar, nominations to the office of Bar Commission are hereby solicited for two members from the Third Division, one member from the Fourth Division, and one member from the Fifth Division, each to serve a three-year term. To be eligible for the office of Commissioner from a division, the nominee’s mailing address must be in that division as shown by the records of the Bar.

Notice of Election of Bar President-Elect
Any active member of the Bar in good standing is eligible to submit his or her name to the Bar Commission to be nominated to run for the office of president-elect in a popular election and to succeed to the office of president. Indications of an interest to be nominated are due at the Bar offices, c/o Executive Director John Baldwin, 645 South 200 East, Salt Lake City, Utah, 84111 or via e-mail at director@utahbar.org by 5:00 p.m. on January 2, 2009.

Mandatory CLE Rule Change

Effective January 1, 2008, the Utah Supreme Court adopted the proposed amendment to Rule 14-404(a) of the Rules and Regulations Governing Mandatory Continuing Legal Education to require that one of the three hours of “ethics or professional responsibility” be in the area of professionalism and civility.

Notice of Petition for Reinstatement to the Utah State Bar by Cheri K. Gochberg

Pursuant to Rule 14-525(d), Rules of Lawyer Discipline and Disability, the Utah State Bar’s Office of Professional Conduct hereby publishes notice of the Verified Petition for Reinstatement of Cheri K. Gochberg (Petition) filed by Francis J. Carney, counsel for Cheri K. Gochberg, in In the Matter of the Discipline of Cheri K. Gochberg, Third Judicial District Court, Civil No. 080901793. Any individuals wishing to oppose or concur with the Petition are requested to do so within thirty days of the date of this publication by filing notice with the District Court.

Notice of Petition for Reinstatement to the Utah State Bar by Charles C. Brown

Pursuant to Rule 14-525(d), Rules of Lawyer Discipline and Disability, the Utah State Bar’s Office of Professional Conduct hereby publishes notice of the Verified Petition for Reinstatement of Charles C. Brown (Petition) filed by John A. Snow, counsel for Charles C. Brown, in In the Matter of the Discipline of Charles C. Brown, Third Judicial District Court, Civil No. 970905495. Any individuals wishing to oppose or concur with the Petition are requested to do so within thirty days of the date of this publication by filing notice with the District Court.

Announcing the formation of the new Communications Law Section of the Utah Bar

The communications industry is evolving rapidly, spurred by innovations in technology as well as recent and pending regulatory changes. The new Communications Law Section is intended to bring together attorneys with experience in the communications industry to better serve clients in the Utah market. The purposes of the Section are broadly defined and the Section’s meetings and CLE presentations will encompass everything from legal issues encountered by traditional broadcast companies to First Amendment issues.

Pro Bono Honor Roll

Fred Anderson – Guadalupe Clinic
Andres Alacon – Family Law Clinic
Lauren Barros – Family Law Clinic
Joseph Beane – Divorce Case
Nelda Bishop – Custody Case
Matt Boley – Housing Case
Sasha Brown – Family Law Clinic
Bryan Bryner – Guadalupe Clinic
Heather Carter-Jenkins – Housing Case
Danielle Dallas – Guadalupe Clinic
Annie Deprey – Divorce Case
Sandy Dolowitz – Domestic Manual

Mentors Needed for the New Lawyer Training Program

Join the best and the brightest group of Utah lawyers and become a mentor for a new attorney through the New Lawyer Training Program (NLTP)

What is Required:
1. Submit the mentor volunteer form
2. Approval by the Utah Supreme Court Committe on Professionalism
3. Meet with your new lawyer a minimum of two a month.

The rewards that come from mentoring are priceless, but as an added bonus you will receive 12 hours of CLE credit for your work.

Bar Thank You and Welcome to New Admittees

Over 300 new admittees were welcomed into the Utah State Bar at the October 23, 2008 admission ceremony, held at the Salt Palace. A sincere thank you goes to all the attorneys who donated their time to assist with the July 2008 Bar exam. Over 86 attorneys volunteered their time to review the Bar exam questions and grade the exams. The Bar greatly appreciates the contribution made by these individuals and gives a big thank you to the following:

Bar Thank You and Welcome to New Admittees

Over 300 new admittees were welcomed into the Utah State Bar at the October 23, 2008 admission ceremony, held at the Salt Palace. A sincere thank you goes to all the attorneys who donated their time to assist with the July 2008 Bar exam. Over 86 attorneys volunteered their time to review the Bar exam questions and grade the exams. The Bar greatly appreciates the contribution made by these individuals and gives a big thank you to the following:

Commission Highlights

The Board of Bar Commissioners received the following reports and took the actions indicated during the July 16, 2008 Commission meeting held in conjunction with the 2008 Summer Convention in Sun Valley, Idaho.

1. The Commission approved the minutes of the May 30, 2008 Commission meeting by consent.
2. The amendments to Senior Bar Section By-laws to permit membership at age 55 were approved by consent.

Mandatory CLE Rule Change

Effective January 1, 2008, the Utah Supreme Court adopted the proposed amendment to Rule 14-404(a) of the Rules and Regulations Governing Mandatory Continuing Legal Education to require that one of the three hours of “ethics or professional responsibility” be in the area of professionalism and civility.

Rule 14-404. Active Status Lawyers
(a) Active status lawyers. Commencing with calendar year 2008, each lawyer admitted to practice in Utah shall complete, during each two-calendar year period, a minimum of 24 hours of accredited CLE which shall include a minimum of three hours of accredited ethics or professional responsibility. One of the three hours of ethics or professional responsibility shall be in the area of professionalism and civility. Lawyers on inactive status are not subject to the requirements of this rule.

2008 Fall Forum Awards

The Board of Bar Commissioners is seeking nominations for the 2008 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 15, 2008. The award categories include:

View a list of past award recipients at: http://www.utahbar.org/members/awards_recipients.html

President-Elect and Bar Commission Election Results

Steve Owens was elected President-Elect of the Utah State Bar. He received 1,674 votes to Scott Sabey’s 1,048 votes. There were 2,748 ballots cast for President-Elect out of 7,245 mailed out to active lawyers.

Law Firm Retention and Advancement of Attorneys

Law firms, despite efforts over the last ten years to provide better maternity/paternity leave, part time schedules, and the like, are increasingly frustrated by the constant departure of their attorneys. Many perceive the departures to be mostly of women attorneys. Others believe the attrition results from generational differences and unwillingness to work the number and type of hours a private firm requires.

Lawyer Referral Service

On July 1, 2008, the Utah State Bar created a new directory for lawyer referrals. Participation in the introductory “Find a Utah Lawyer Directory” is voluntary and free of charge. The directory provides potential clients with an on-line listing of each lawyer’s name, address, admission date, law school, and telephone number within specific geographic areas and practice types as identified by the search criteria. It includes a lawyer’s email address only if specifically authorized. Lawyers are permitted to list up to five practice types. You may sign up for the Find a Utah Lawyer Directory at www.utahbar.org/LRS.

“And Justice For All” Receives Prestigious Award

The American College of Trial Lawyers presented its 2008 Emil Gumpert Award to “And Justice For All” for its truly unique program. This prestigious award, consisting of a $50,000 grant, recognizes programs whose principal purpose is to maintain and improve the administration of justice. The Gumpert Award recognizes the incredible leadership of Utah’s legal community that led to the success of And Justice For All. During the past decade, the number of disadvantaged Utahns helped by the participating programs has increased from 16,280 in 1998 to more than 34,000 last year. According to the American College of Trial Lawyers:

Pro Bono Honor Roll

Fred Anderson – Guadalupe Clinic
Andres Alarcon – Family Law Clinic
Jeremy Atwood – Family Law Clinic
Lauren Barros – Family Law Clinic
Janell Bryan – Consumer Case
Bryan Bryner – Guadalupe Clinic
Danielle Dallas – Guadalupe Clinic
Julie Edwards – Tax Issue for NonProfit DV Matter
Jared Fields – Housing Case
Lisa Fine – Family Law Clinic
Craig Galli – Protective Order Case
Kass Harstad – Guadalupe Clinic
Rori Hendrix – QDRO Case

Highlights from the 2008 Legislative Session
by Nancy J. Delacenserie

As in most years, the 2008 legislative session was full of controversy. Subjects as diverse as immigration and water were hotly debated. The following is a brief summary of a variety of bills that were enacted during the 2008 legislative session. With the volume of bills passed, no attempt is being made here to provide the reader with more than a taste of several bills of general interest to Utah lawyers. While the bills discussed herein may not directly affect your legal practice, they may very well impact your life in other ways.

Commission Highlights

The Board of Bar Commissioners received the following reports and took the actions indicated during the April 25, 2008 Commission meeting held in Logan, Utah.

1. Lowry Snow, Nate Alder, Rob Jeffs, Lori Nelson, and Steve Owens reported on their recent attendance at the Western States Bar Conference. Nate reported that he learned that the Bar’s reserve could easily be depleted if an “issue” arose, e.g., citizens’ referendum on judicial retention, which required our opposition. He also learned about the Nevada Bar’s efforts to curb inappropriate lawyer advertising and would like to see something similar adopted here. Rob reported that he found that most lawyer referral programs have incorporated a low bono component. Lori reported that some bars are facilitating the availability of health insurance to their members. Steve reported that we should consider hosting a “Utah State Bar Day” to address prominent current legal issues. He further reported that some bars have term limits for their board members.

Mailing of Licensing Forms

The licensing forms for 2008-09 have been mailed. Fees are due July 1, 2008; however fees received or postmarked on or before July 31, 2008 will be processed without penalty.

It is the responsibility of each attorney to provide the Bar with current address information. This information must be submitted in writing. Failure to notify the Bar of an address change does not relieve an attorney from paying licensing fees or late fees. Failure to make timely payment will result in an administrative suspension for non-payment after the deadline. You may check the Bar’s website to see what information is on file. The site is updated weekly and is located at www.utahbar.org.

Lawyer Referral Service

On July 1, 2008, the Utah State Bar created a new directory for lawyer referrals. Participation in the introductory “Find a Utah Lawyer Directory” is voluntary and free of charge. The directory provides potential clients with an on-line listing of each lawyer’s name, address, admission date, law school, and telephone number within specific geographic areas and practice types as identified by the search criteria. It includes a lawyer’s email address only if specifically authorized. Lawyers are permitted to list up to five practice types. You may sign up for the Find a Utah Lawyer Directory at www.utahbar.org/LRS.

2008 Fall Forum Awards

The Board of Bar Commissioners is seeking nominations for the 2008 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 15, 2008. The award categories include:

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

View a list of past award recipients at: http://www.utahbar.org/members/awards_recipients.html

2008 Award Recipients

During the Utah State Bar’s 2008 Summer Convention in Sun Valley, Idaho the following awards were presented:

Judge of the Year
Judge Glenn K. Iwasaki

Ethics Opinions
OPINION NO. 08-01
MAIN OPINION
Issued April 8, 2008

Issue: May an attorney provide legal assistance to litigants appearing before a tribunal pro se and prepare written submissions for them without disclosing the nature or extent of such assistance? If so, what are the attorney’s obligations when full representation is not undertaken?

Ethics Opinions

Opinion No. 08-02
Issued March 11, 2008

Issue: Under what circumstances may an attorney who has represented a party in conjunction with a proceeding to appoint a guardian for an adult incapacitated person represent the guardian that is subsequently appointed as a result of that proceeding?

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

2008 Fall Forum Awards
The Board of Bar Commissioners is seeking nominations for the 2008 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 15, 2008. The award categories include:

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

View a list of past award recipients at: www.utahbar.org/members/awards_recipients.html

Mail List Notification
The Utah State Bar sells its membership list to parties who wish to communicate via mail about products, services, causes or other matters. The Bar does not actively market the list but makes it available pursuant to request. An attorney may request his or her name be removed from the third party mailing list by submitting a written request to the licensing department at the Utah State Bar.

Mandatory CLE Rule Change
Effective January 1, 2008, the Utah Supreme Court adopted the proposed amendment to Rule 14-404(a) of the Rules and Regulations Governing Mandatory Continuing Legal Education to require that one of the three hours of “ethics or professional responsibility” be in the area of professionalism and civility.

Pro Bono Honor Roll
Andres Alarcon – Family Law Clinic
Kenneth Allsop – Divorce Case
Erin Arnold – Guadalupe Clinic
Lauren Barros – Family Law Clinic
Jonathan Benson – Guadalupe Clinic
M. James Brady – Divorce Case
Janell Bryan – Consumer Case
Bryan Bryner – Guadalupe Clinic

Mailing of Licensing Forms
The licensing forms for 2008-09 have been mailed. Fees are due July 1, 2008; however fees received or postmarked on or before July 31, 2008 will be processed without penalty.

It is the responsibility of each attorney to provide the Bar with current address information. This information must be submitted in writing. Failure to notify the Bar of an address change does not relieve an attorney from paying licensing fees or late fees. Failure to make timely payment will result in an administrative suspension for non-payment after the deadline. You may check the Bar’s website to see what information is on file. The site is updated weekly and is located at www.utahbar.org.

If you need to update your address information, please submit the information to Jeff Einfeldt, Utah State Bar, 645 South 200 East, Salt Lake City, UT 84111-3834. You may also fax the information to (801)531-9537, or e-mail the corrections to Jeff.Einfeldt@utahbar.org.

Notice of Petition for Reinstatement to the Utah State Bar by Russell T. Doncouse
Pursuant to Rule 14-525(d), Rules of Lawyer Discipline and Disability, the Utah State Bar’s Office of Professional Conduct hereby publishes notice of Respondent’s Verified Petition for Reinstatement and Affidavit of Compliance (“Petition”) filed by Russell T. Doncouse in In the Matter of the Discipline of Russell T. Doncouse, Second Judicial District Court, Civil No. 020900608. Any individuals wishing to oppose or concur with the Petition are requested to do so within thirty days of the date of this publication by filing notice with the District Court.

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, 2008 and ends June 30, 2009. 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 May 30, 2008 meeting.
The Commission is interested in assuring that the process includes as much feedback by as many members as possible. A copy of the proposed budget, in its most current permutation, is available for inspection and comment at www.utahbar.org.
Please contact John Baldwin at the Bar Office with your questions or comments.
Telephone: (801) 531-9077
Email: jbaldwin@utahbar.org

Commission Highlights

The Board of Bar Commissioners received the following reports and took the actions indicated during the January 25, 2008 Commission meeting held in Salt Lake City, Utah.

1. The Commission voted to hold the 2011 Annual Convention at a beach location other than the Newport Beach Marriott site.

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, Utah 84111.

2007 Utah Bar Journal Cover of the Year Announced

The winner of the Utah Bar Journal Cover of the Year award for 2007 is Cristina Pianezzola, of Orem, Utah. Her photo, taken at South Fork in Provo Canyon, was featured on the cover of the September/October issue.

Notice of Open Board of Director Position and Notice of Annual Meeting for the Utah Bar Foundation

The Utah Bar Foundation is a non profit organization that acts as the collection point for IOLTA (Interest on Lawyers Trust Accounts) funds and distributes those funds for law related education and legal services for the poor and disabled.

Recognition for Southern Utah Bar Association

The legitimate object of governments is to do for a community of people, whatever they need to have done, but cannot do at all or cannot, so well do for themselves – in their separate and individual capacities.

Abraham Lincoln

The same can be said for the legitimate object of the Bar, that is, to do for a community of people, that which they cannot do at all or so well for themselves. The Southern Utah Bar Association (SUBA) appears to have taken to heart the sentiments of Lincoln, forging a rich tradition of service to the community. SUBA has taken upon itself the mission to provide legal services to those most in need in their community.

Juvenile Law Section Organizational Meeting

Join us to elect officers and plan future CLE events. Martha Pierce of the Guardian Ad Litems Office and Carol Verdoia Assistant Attorney General Child Protection Division will provide a case law and legislative update.

April 23, 2008 • 12:00–1:00 pm
1 hour CLE (pending bar approval)
$15 Lunch will be provided
Register by April 18 by e-mail: sections@utahbar.org
or by fax at: (801) 531-0660

Notice of Ethics & Discipline Committee Vacancies

The Bar is seeking interested volunteers to fill four vacancies on the Ethics & Discipline Committee of the Utah Supreme Court. The Ethics & Discipline Committee is divided into four panels, which hear all informal complaints charging unethical or unprofessional conduct against members of the Bar and determine whether or not informal disciplinary action should result from the complaint or whether a formal complaint should be filed in district court against the respondent attorney. Appointments to the Ethics & Discipline Committee are made by the Utah Supreme Court.

Please send a resume, no later than May 2, 2008, to:

Utah Supreme Court
c/o Matty Branch, Appellate Court Administrator
P.O. Box 140210
Salt Lake City, Utah 84114-0210

2008 Annual Convention Awards

The Board of Bar Commissioners is seeking nominations for the 2008 Annual Convention 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, Utah 84111, no later than Friday, April 18, 2008. The award categories include:

1. Judge of the Year
2. Distinguished Lawyer of the Year
3. Distinguished Section/Committee of the Year

Notice of Petition for Reinstatement to the Utah State Bar by Harold J. Dent

Pursuant to Rule 14-525(d), Rules of Lawyer Discipline and Disability, the Utah State Bar’s Office of Professional Conduct hereby publishes notice of Respondent’s Verified Petition Requesting Reinstatement to the Practice of Law (“Petition”) filed by Harold J. Dent in In re Dent, Fifth Judicial District Court, Civil No. 040500436.  Any individuals wishing to oppose or concur with the Petition are requested to do so within thirty days of the date of this publication by filing notice with the Fifth District Court.

Mandatory CLE Rule Change
Effective January 1, 2008, the Utah Supreme Court adopted the proposed amendment to Rule 14-404(a) of the Rules and Regulations Governing Mandatory Continuing Legal Education to require that one of the three hours of “ethics or professional responsibility” be in the area of professionalism and civility.

Rule 14-404. Active Status Lawyers
(a) Active status lawyers. Commencing with calendar year 2008, each lawyer admitted to practice in Utah shall complete, during each two-calendar year period, a minimum of 24 hours of accredited CLE which shall include a minimum of three hours of accredited ethics or professional responsibility. One of the three hours of ethics or professional responsibility shall be in the area of professionalism and civility. Lawyers on inactive status are not subject to the requirements of the rule.

Steve Kaufman Receives Lifetime Achievement Award

The Weber County Bar Association has awarded Ogden attorney Steve Kaufman its Lifetime Achievement Award for 2007 in recognition of his invaluable service to the legal community. During his 30 year career Mr. Kaufman has mentored many young attorneys, founded the largest law firm in Weber and Davis Counties, and has always been very active in bar functions. In addition Mr. Kaufman served as the 1981-82 Weber County Bar President, was a Utah State Bar Commissioner from 1992 through 1998, and was the 1996-97 President of the Utah State Bar.

Utah Supreme Court Justice Christine M. Durham Named William H. Rehnquist Award Recipient
Chief Justice of the Utah Supreme Court Christine M. Durham has been named recipient of the 2007 William H. Rehnquist Award for Judicial Excellence by the National Center for State Courts. One of the most prestigious judicial honors in the country, the Rehnquist Award is presented annually to a state court judge who exemplifies the highest level of judicial excellence, integrity, fairness, and professional ethics. Chief Justice of the United States John G. Roberts presented the award to Chief Justice Durham at a ceremony on November 15 in Washington, D.C.

ABA Names Utah Lawyer as National Outstanding Young Lawyer

The American Bar Association has named Salt Lake City lawyer, Sean Reyes, as the 2007 National Outstanding Young Lawyer. Reyes, a 36-year-old litigation attorney at Parsons Behle & Latimer, was chosen over 24 other nominees nationwide for his legal skills and professionalism, local and national bar leadership, and commitment to public service. Reyes will be the first recipient of this newly established award.

Utah State Lawyer Legislative Directory
59th Legislature 2008

The Utah State House of Representatives

Greg J. Curtis
Speaker of the House
Republican – District 49
Education: Brighton High School; B.S., Accounting, Brigham Young University, 1984; J.D., University of Utah College of Law, 1987

Elected to House: 1994
Legislative Assignments: Executive Appropriation Committee; Administrative Rules Review Committee; Legislative Managment Committee; Utah Constitutional Revision Commission
Practice Areas: Real Estate and Land Use and Development

Notice of Election of Bar Commissioners – Second and Third Divisions

Pursuant to the Rules of Integration and Management of the Utah State Bar, nominations to the office of Bar Commission are hereby solicited for three members from the Third Division and one member from the Second Division. To be eligible for the office of Commissioner from a division, the nominee’s mailing address must be in that division as shown by the records of the Bar.

Pro Bono Honor Roll

Lois Baar
Alan Bell
David Broadbent
Nate Brower
Brad Demile
Sam Gardiner
Jennie Garner
Ronald Goodman
Jason Grant

2008 Spring Convention Awards

The Board of Bar Commissioners is seeking applications for two Bar awards to be given at the 2008 Spring Convention. These awards honor publicly those whose professionalism, public service, and public dedication have significantly enhanced the administration of justice, the delivery of legal services, and the improvement of the profession. Award applications must be submitted in writing to Christy Abad, Executive Secretary, 645 South 200 East, Suite 310, Salt Lake City, UT 84111, no later than Friday, January 11, 2008. You may also fax a nomination to (801) 531-0660 or email to cabad@utahbar.org.

1. Dorathy Merrill Brothers Award – For the Advancement of Women in the Legal Profession.
2. Raymond S. Uno Award – For the Advancement of Minorities in the Legal Profession.

2008 Annual Convention Awards
The Board of Bar Commissioners is seeking nominations for the 2008 Annual Convention 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 Friday, April 18, 2008. The award categories include:

1. Judge of the Year,
2. Distinguished Lawyer of the Year,
3. Distinguished Section/Committee of the year.

Fall Forum Award Recipients

Fall Forum Award Recipients

Congratulations to the following distinguished attorneys who were honored with awards at the 2007 Fall Forum:

Francis J. Carney – Professionalism Award
Christina L. Micken – Pro Bono Attorney of the Year
Kelly J. Latimer – Pro Bono Attorney of the Year
Matthew Wride – Pro Bono Attorney of the Year
David R. Hall – Special Recognition

Thank You…

Thank you to all participants and volunteers for their assistance and support in the 18th Annual Lawyers & Court Personnel Food and Winter Clothing Drive. We were able to deliver a large truck load of donated items, along with just over $7,000 in cash donations to specific shelters. We thank you all for your kindness and generosity.

Commission Highlights

The Board of Bar Commissioners received the following reports and took the actions indicated during the November 9, 2007 Commission meeting held in Salt Lake City, Utah.

1. The Commission approved website posting of the Commission’s draft for the Long-Range Plan for a 30-day comment period.

2. The Commission approved a “Communications Planning Guide” line item funding for an enhanced public relations campaign.

Commission Highlights

The Board of Bar Commissioners received the following reports and took the actions indicated during their regularly scheduled September 21, 2007 Commission meeting held in Salt Lake City, Utah.

1. The Commission approved the creation of a Juvenile Law Section. The Juvenile Law Section bylaws were also approved.

2. The Commission selected Frank Carney for the Professionalism Award and Dan Becker for Community Service Award. The Tuesday Night Bar Co-chairs (Matthew Wride, Kelly Latimer, and Christina Micken) were chosen for the Pro Bono Award. These awards will be presented at the Fall Forum on November 16, 2007 in the Salt Palace Convention Center.

Notice of Election of Bar President-Elect

Any active member of the Bar in good standing is eligible to submit his or her name to the Bar Commission to be nominated to run for the office of president-elect in a popular election and to succeed to the office of president. Indications of an interest to be nominated are due at the Bar offices, c/o Executive Director John Baldwin, 645 South 200 East, Salt Lake City, Utah, 84111 or via e-mail at john.baldwin@utahbar.org by 5:00 P.M. on January 2, 2008.

2008 Spring Convention Awards

The Board of Bar Commissioners is seeking applications for two Bar awards to be given at the 2008 Spring Convention. These awards honor publicly those whose professionalism, public service, and public dedication have significantly enhanced the administration of justice, the delivery of legal services, and the improvement of the profession. Award applications must be submitted in writing to Christy Abad, Executive Secretary, 645 South 200 East, Suite 310, Salt Lake City, UT 84111, no later than Friday, January 11, 2008. You may also fax a nomination to (801) 531-0660 or email to cabad@utahbar.org.

1. Dorathy Merrill Brothers Award – For the Advancement of Women in the Legal Profession.

2. Raymond S. Uno Award – For the Advancement of Minorities in the Legal Profession.

Pro Bono Honor Roll

William Adams
Heidi Alder
Erin Arnold
Brett Benson
Jonathan Benson
Scott Broadhead
Bryan Bryner
Gary Buhler
Mary Cline
Derek Coulter
David Day
Anne Deprey
Michael Eward
Shellie Flett
Frederick Green
Lou Gehrig Harris
Joseph Hatch
April Hollingsworth
John Holt
Jeffrey Howe
J. Bryan Jackson
David Jensen
Nathan Kunz
Michael Martinez
Adelaide Maudsley
John McCoy
Richard Medsker
William Morrison
Langdon Owen Jr.
Christopher Parker
Philip Patterson
Kara Pettit
Anthony Rippa
Raymond Rounds
Lauren Scholnick
Brad Smith
Kathryn Steffey
Steven Stewart
Mark Tanner
Travis Terry
Chris B. Turner
Shawn Turner
Kimberly Washburn
Orson West Jr.
Lamar Winward
Michael Zundel

Utah Legal Services and the Utah State Bar wish to thank these volunteers for their time and assistance during the months of August and September. Call Brenda Teig at (801) 924-3376 to volunteer.

Notice of Approved Amendments to Utah Court Rules
Under its expedited rulemaking authority, the Supreme Court has approved amendments to the following Utah court rules. The amendments are effective when indicated but subject to further change after the comment period. The comment deadline is August 30, 2007.

Bar Welcomes New Admittees

Two hundred sixty nine new admittees will be welcomed into the Utah State Bar at an admission ceremony to be held at the Salt Palace on October 30, 2007. Family and friends of the new admittees will gather to listen while Michael J. Wilkins, Associate Chief Justice of the Utah Supreme Court, addresses the audience. Christine Durham, Chief Justice of the Utah Supreme Court will conduct the event.

A sincere thank you goes to all the volunteers who donate their time to assist with the admission process. Over 100 attorneys volunteer their time to assist the Bar in this endeavor. Attorney volunteers on the Character and Fitness Committee review applications to see that applicants meet character and fitness requirements and conduct character and fitness hearings. The Bar Examiner Committee drafts and reviews Bar exam questions and grade the exams. The Special Accommodations Committee reviews requests for test accommodations. The Bar greatly appreciates the contribution made by these individuals. THANK YOU!

Thank You!

The Law and Aging Committee would like to thank the following attorneys for volunteering their time to the Senior Center Legal Consultation project. Many Salt Lake City seniors have benefitted from this valuable program. If you would like to help out with this project please call Christine Critchley at (801) 297-7022 or e-mail ccritchley@utahbar.org.

Richard Aaron
Jim Baker
Sharon Bertelsen
Richard Bird
R.F. Bojanowski
Douglas Cannon
David Castleton
Steven Crawley
John Diamond
Phillip Ferguson
Marianne McGregor Guelker
Laurie Hart
Jason Hunter
Mike Jensen
Joyce Maughan
Harry McCoy
Thomas Mecham
Kara Pettit
Kathie Roberts
Jane Semmel
Jeannine Timothy

First (Annual?) Appellate Practice Section Poetry Contest Winners

Winning Limericks

First Place

A Thankless Task
When the Court an opinion doth send –
Much considered and carefully penned,
Painstakingly crafted,
Repeatedly drafted –
The attorneys skip right to the end.
- Scott M. Ellsworth

Commission Highlights

The Board of Bar Commissioners received the following reports and took the actions indicated during their regularly scheduled July 18, 2007 Commission meeting held in Sun Valley, Idaho.

1. Commissioners designated specific goals for the Commission’s work during the short term 2007-2008 year.

2. Ex-officio members of the Commission were appointed: (1) The immediate past president of the Bar; (2) the Bar’s representative to the American Bar Association; (3) the representative to the ABA’s House of Delegates elected by the Utah Members of the ABA; (4) a representative from the Young Lawyers Division; (5) a representative from the Paralegal Division; (6) a representative from the Utah Minority Bar Association; (7) a representative from the Women Lawyers of Utah; (8) the Dean of the S.J. Quinney College of Law; and (9) the Dean of the J. Reuben Clark Law School.

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, and
3. Professionalism Award.

Modification of Rules and Regulations Governing Mandatory Continuing Legal Education (MCLE) Effective September 1, 2007

Rule 14-414
(b) Filing fees, late fees, and reinstatement fees.
Each lawyer shall pay a filing fee in the amount of $15.00 at the time of filing the certificate of compliance. Any lawyer who fails to complete the MCLE requirement by the December 31 deadline shall be assessed a $100.00 late fee. Lawyers who fail to comply with the requirements and file within a reasonable time, as determined by the Board in its discretion, and who are subject to an administrative suspension pursuant to Rule 14-415, after the late fee has been assessed shall be assessed a $200.00 reinstatement fee, plus an additional $500.00 fee if the failure to comply is a repeat violation within the past 5 years.

Attn: State Bar Associations within the Tenth Circuit

Effective January 1, 2008, the court will amend its local rules. In addition, there is one change to the Federal Rules of Appellate Procedure which will take effect on December 1, 2007. Attached below are links to our website and specifically to a memo regarding the proposed rules changes, as well as redlined and non-redlined versions of the proposed amendments. Interested parties are invited to submit comments on the proposed changes to the Clerk of Court. The comment period will extend through the close of business on Wednesday, October 10, 2007. Comments may be submitted in writing to the Tenth Circuit Clerk’s Office care of 1823 Stout Street, Denver, Colorado, 80257, or via email to 10th_Circuit_Clerk@ca10.uscourts.gov.

www.ca10.uscourts.gov/downloads/2008_rules_memo.pdf
www.ca10.uscourts.gov/downloads/2008_Proposed_Rules.pdf
www.ca10.uscourts.gov/downloads/2008_Proposed_Rules_Redlined.pdf

Notice of Approved Amendments to Utah Court Rules

Effective September 1, 2007
Under its expedited rulemaking authority, the Supreme Court has approved amendments to the following Utah court rules. The amendments are effective when indicated but subject to further change after the comment period. The comment deadline is August 30, 2007.

Nominations Sought for the Peter W. Billings Sr. Award for Excellence in Dispute Resolution

To honor the memory of Peter W. Billings, Sr., a pioneer and champion of alternative dispute resolution in our state, the Dispute Resolution Section of the Bar annually awards the Billings’ Award for Excellence in Dispute Resolution. The DR Section is seeking nominations for this award, which will be presented at the Fall Forum on November 16th. The award may be given to a person or an organization.

Commission Highlights

The Board of Bar Commissioners received the following reports and took the actions indicated during their regularly scheduled April 27, 2007 Commission meeting held in Vernal, Utah.

1. The Commission awarded Judge of the Year to Judges Gregory K. Orme and Sandra N. Peuler. Oscar W. McConkie, Jr. was selected as Lawyer of the Year. Committee of the Year was awarded to the Bar Journal Committee and the Paralegal Division was selected as Section of the Year.

Commission Highlights

The Board of Bar Commissioners received the following reports and took the actions indicated during their regularly scheduled April 27, 2007 Commission meeting held in Vernal, Utah.

1. The Commission awarded Judge of the Year to Judges Gregory K. Orme and Sandra N. Peuler. Oscar W. McConkie, Jr. was selected as Lawyer of the Year. Committee of the Year was awarded to the Bar Journal Committee and the Paralegal Division was selected as Section of the Year.

Notice of Petition for Reinstatement to the Utah State Bar by J. Keith Henderson

Pursuant to Rule 14-525(d), Rules of Lawyer Discipline and Disability, the Utah State Bar’s Office of Professional Conduct hereby publishes notice of a Verified Petition for Reinstatement (“Petition”) filed by J. Keith Henderson in In re Henderson, Third District Court, Civil No. 040903585. Any individuals wishing to oppose or concur with the Petition are requested to do so within thirty days of the date of this publication by filing notice with the District Court.

Retention Election Results
Nate Alder ran unopposed for the position of President-Elect of the Utah State Bar. Bar bylaws require that, in the event a candidate for President-Elect is unopposed, a retention election must be held. The results of the vote was 1,582 for retention, 79 against.

Mailing of Licensing Forms

The licensing forms for 2007-08 have been mailed. Fees are due July 1, 2007; however fees received or postmarked on or before August 1, 2007 will be processed without penalty.

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

2007 Utah State Bar Award Winners

The Annual Awards of the Utah State Bar were presented at the Bar’s 77th Annual Convention by the Board of Bar Commissioners, on behalf of the entire Bar membership. Recipients are selected on the basis of achievement; professional service; and exemplification of the highest standards of professionalism. Awards given at the annual meeting were for Section of the Year, Committee of the Year, Judge of the Year, and Lawyer of the Year.

Utah State Bar Ethics Advisory Opinion Committee Opinion No. 07-02
Issued June 10, 2007

Issue: If an attorney guardian ad litem is appointed by a court for a person, may another attorney communicate with the person about the subject of the representation without the prior consent of the attorney guardian ad litem?

Pro Bono Honor Roll

Andres Alarcon
James Baker
Lauren Barros
Charles Brown
Russell Cannon
Shelly Coudreaut
Roberto Culas
Meredith Dinkins
Peter Donaldson
H.D. Gailey
Jason Grant
Brent Hall
Lincoln Harris
Michael Johnson
Louise Knauer
Rick Lundell
John Maddox
Michael Mohrman
Allen Moore
William Morrison
Todd Olsen
Adam Price
Stewart Ralphs
Robin Ravert
Jon Rogers
Leslie Schaar
Linda Smith
Matthew Storey
Virginia Sudbury
Pam Thompson
Carrie Turner
Renon Warner
Tracey Watson

Utah Legal Services and the Utah State Bar wish to thank these volunteers for their time and assistance during the months of April and May. Call Brenda Teig at (801) 924-3376 to volunteer.

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.

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
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.

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.

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

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

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

Commission Highlights

The Board of Bar Commissioners received the following reports and took the actions indicated during their regularly scheduled January 26, 2007 Commission meeting held at the Law & Justice Center.

1. Gus Chin reported on the Constitutional Law class for legislators and the breakfast held for lawyer-legislators and legislative leadership.

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.

2007 Annual Convention Awards

The Board of Bar Commissioners is seeking nominations for the 2007 Annual Convention 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 Friday, April 21, 2007. The award categories include:

Judge of the Year
Distinguished Lawyer of the Year
Distinguished Section/Committee of the Year

Pro Bono Honor Roll

Michael S. Anderson
Nick Angelides
Keith Backman
James Baker
Lauren Barros
Emilie Bean
David Berceau
David Blaisdell
James M. Brady
David Broadbent
Brian Cannell
Shelly Coudreaut
Roberto Culas
Kenyon Dove
Christopher Edwards
Sam Gardiner
Chad Gladstone
Frederick Green
Brent Hall
David Hamilton
Joseph Hatch
Bill Heder
Rori Hendrix
Kyle Hoskins
Jeffrey Howe
Nicholas Huntsman
Daniel Irvin
Troy Jensen
Nathan Jeppsen
Asa Kelley
Thomas King
H. Ralph Klemm
Louise Knauer
Stephen Knowlton
Sharee Laidlaw
Larry Larsen
Chris Laurence
Jose Loayza
Craig McArthur
Paul MacArthur
Kenneth Margetts
Suzanne Marelius
Sally McMinimee
Christina Micken
Russell Minas
Walter Merrill
Stewart Ralphs
Michael Shaw
Jeremy Sink
Jane Semmel
Carrie Turner
James Mitch Vilos
Frank Warner
Tracey Watson
Carolyn Zeuthen
Michael Zundel

Utah Legal Services and the Utah State Bar wish to thank these attorneys for their donation of time and skills during the months of October, November, December and January. Call Brenda Teig at (801) 924-3376 to volunteer.

Distinguished Paralegal of the Year Nominations Now Being Accepted

The Paralegal Division of the Utah State Bar and Legal Assistants Association of Utah are seeking nominations for “Distinguished Paralegal of the Year.” Nomination forms and additional information are available online at http://www.utahbar.org/sections/paralegals or you may contact Suzanne Potts at spotts@clarksondraper.com The deadline for nominations is Monday, April 16, 2007. The award will be presented at the Paralegal’s Day Luncheon on Thursday, May 17, 2007.

Notice of Utah Bar Foundation Open Board of Director Positions and Notice of Annual Meeting

The Utah Bar Foundation is a non profit organization that acts as the collection point for IOLTA (Interest on Lawyers Trust Accounts) funds and distributes those funds for law related education and legal services for the poor and disabled.

The Utah Bar Foundation is governed by a seven-member Board of Directors, all of whom are active members of the Utah State Bar. The Utah Bar Foundation is a separate organization from the Utah State Bar.

Utah State Bar Ethics Advisory Opinion Committee

Opinion No. 06-05

Issued December 30, 2006
Issue: Do the Utah Rules of Professional Conduct1 preclude a lawyer from participating in an ad hoc legal advisory group to a private, nonprofit, public interest legal organization, if the persons served by the legal services organization have interests adverse to the interests of a client of the lawyer or the lawyer’s law firm?

2006 Utah Bar Journal Cover of the Year

The 2006 Utah Bar Journal cover of the year comes from the special Professionalism and Civility issue that was published in Nov/Dec of last year. The cover featured an image of Gregory Peck as Atticus Finch in a scene from the film To Kill a Mockingbird, based on the landmark novel by Harper Lee. An emblem of legal professionalism and courage, Atticus Finch was an apt image to represent the message of this special Bar Journal issue.

2007 “Spring Convention in St. George” Award Winners

Irene Warr
Dorathy Merrill Brothers Award
For the Advancement of Women in the Legal Profession

Irene Warr, a native of Erda, Tooele County, Utah, began her law-related career as a legal secretary for the Utah State Tax Commission Inheritance Tax Division on March 1, 1949, after graduating from Tooele High School. She enrolled in Westminster College in 1950, when she also began working in the law office of the late Dan B. Shields. She graduated with a Bachelor of Arts Degree in 1954, cum laude in biology, chemistry and pre-med., and then entered the University of Utah College of Law, receiving her Juris Doctor in 1957. Since 1957 she has been engaged in private practice in Salt Lake City.

Commission Highlights

The Board of Bar Commissioners received the following reports and took the actions indicated during their regularly scheduled September 21, 2006 Commission meeting held at Brigham Young University, J. Reuben Clark Law School.

Notice of Election of Bar Commissioners – Second Division

Pursuant to the Rules of Integration and Management of the Utah State Bar, nominations to the office of Bar Commission are hereby solicited for one member from the Second Division to serve a three-year term. To be eligible for the office of Commissioner from a division, the nominee’s mailing address must be in that division as shown by the records of the Bar.
Applicants must be nominated by a written petition of ten or more members of the Bar in good standing and residing in their respective Division. Nominating petitions may be obtained from the Bar office on or after January 1, and completed petitions must be received no later than February 10. Ballots will be mailed on or about April 1 with balloting to be completed and ballots received by the Bar office by 5:00 p.m. May 1. Ballots will be counted on May 2.
In order to reduce out-of-pocket costs and encourage candidates, the Bar will provide the following services at no cost.

Notice of Election of Bar Commissioners – Third Division

Pursuant to the Rules of Integration and Management of the Utah State Bar, nominations to the office of Bar Commission are hereby solicited for two members from the Third Division, each to serve a three-year term. To be eligible for the office of Commissioner from a division, the nominee’s mailing address must be in that division as shown by the records of the Bar.
Applicants must be nominated by a written petition of ten or more members of the Bar in good standing and residing in their respective Division. Nominating petitions may be obtained from the Bar office on or after January 1, and completed petitions must be received no later than February 10. Ballots will be mailed on or about April 1 with balloting to be completed and ballots received by the Bar office by 5:00 p.m. May 1. Ballots will be counted on May 2.
In order to reduce out-of-pocket costs and encourage candidates, the Bar will provide the following services at no cost.

2007 Annual Convention Awards

The Board of Bar Commissioners is seeking nominations for the 2007 Annual Convention 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 Friday, April 21, 2007. The award categories include:

1. Judge of the Year
2. Distinguished Lawyer of the Year
3. Distinguished Section/Committee of the year

Notice of Petition for Reinstatement to the Utah State Bar by Sheryl L. Gardner Bunker (a.k.a. Sheryl Rose)

Pursuant to Rule 25(d), Rules of Lawyer Discipline and Disability, the Utah State Bar’s Office of Professional Conduct hereby publishes notice of a Verified Petition for Reinstatement (“Petition”) filed by Sheryl L. Gardner Bunker in In re Bunker, Third District Court, Civil No. 040916336. Any individuals wishing to oppose or concur with the Petition are requested to do so within thirty days of the date of this publication by filing notice with the District Court.

2007 Spring Convention Awards

The Board of Bar Commissioners is seeking applications for two Bar awards to be given at the 2007 Spring Convention. These awards honor publicly those whose professionalism, public service, and public dedication have significantly enhanced the administration of justice, the delivery of legal services, and the improvement of the profession. Award applications must be submitted in writing to Christy Abad, Executive Secretary, 645 South 200 East, Suite 310, Salt Lake City, UT 84111, no later than Friday, January 12, 2007.

1. Dorathy Merrill Brothers Award – For the Advancement of Women in the Legal Profession.

2. Raymond S. Uno Award – For the Advancement of Minorities in the Legal Profession.

Encourage Your Paralegals to Join the Paralegal Division

Lawyers are encouraged to have their paralegals review the criteria for membership in the Paralegal Division of the Bar and to support and encourage them to join. Division members are qualified by education, experience or training that can assist members of the Bar in improving the quality and efficiency of the delivery of legal services and the practice of law. In addition, your paralegal’s membership in the division assists the Bar in the protection of the public from unqualified persons engaging in the unauthorized practice of law, and will increase the availability of low-cost legal services through the increased utilization of paralegals.

2007 Spring Convention Awards

The Board of Bar Commissioners is seeking applications for two Bar awards to be given at the 2007 Spring Convention. These awards honor publicly those whose professionalism, public service, and public dedication have significantly enhanced the administration of justice, the delivery of legal services, and the improvement of the profession. Award applications must be submitted in writing to Christy Abad, Executive Secretary, 645 South 200 East, Suite 310, Salt Lake City, UT 84111, no later than Friday, January 12, 2007.

1. Dorathy Merrill Brothers Award - For the Advancement of Women in the Legal Profession.

2. Raymond S. Uno Award - For the Advancement of Minorities in the Legal Profession.

Spanish Translators Needed

The Unauthorized Practice of Law Committee (UPL) is in dire need of Spanish speakers to help translate UPL complaints into English and/or to speak with complainants over the telephone to gather additional information once a UPL complaint has been received. There would be no further involvement in the matter. Also, the UPL Committee is seeking Spanish speaking committee members. If you are interested, please contact Victoria Kidman at 257-7200 or Katherine Fox at 297-7047.

Pro Bono Honor Roll

Lauren Barros
Merlin Calver
Mary Pat Cashman
Lori Cave
Elaine Cochran
Shelly Coudreaut
Sharon Donovan
Lorie Fowlke
Randall Gaither
Ronald Goodman
Kyle Hoskins
R Clayton Huntsman
Brent Johns
Bill Kadarusman
Louise Knauer
Stephen Knowlton
Vinh Ly
Holly Mahoney
Ramona Mann
Sally McMinimee
Michael Mohrman
Richard Mrazik
Bruce Nelson
Raymond Rounds
Travis Terry
Carrie Turner
Olivia Uitto
Frank Warner
Tracey Watson

United States Bankruptcy Court for the District of Utah Standing Order Number 3

This Standing Order Number 3 is issued by the United States Bankruptcy Court for the District of Utah pursuant to Local Rule 1001-2. It is effective for all cases or adversary proceedings filed on or after October 16, 2006, and for any claims transferred on or after October 16, 2006.

Answers to Professionalism Quiz on page 24, by Wayne Klein

Each scenario corresponds to the same-numbered professionalism standard, and the answer is clear - or at least pretty clear - from the text of the standard. A copy of the Utah Standards of Professionalism and Civility can be found on page 10 of this issue.

Applicants Sought for the Fourth District Trial Court Nominating Commission

The Bar is seeking applications from lawyers to serve on the Fourth District Trial Court Nominating Commission. The Commission nominates judges to fill vacancies on the district court and the juvenile court within the Fourth Judicial District. Two lawyers are appointed by the Governor from a list of six nominees provided be the Bar.

Notice of Direct Election of Bar President

In response to the task force on Bar governance the Utah Supreme Court has amended the Bar's election rules to permit all active Bar members in good standing to submit their names to the Bar Commission to be nominated to run for President-Elect in a popular election and to succeed to the office of President. The Bar Commission will interview all potential candidates and select two final candidates who will run on a ballot submitted to all active Bar members and voted upon by the active Bar membership. Final candidates may include sitting Bar Commissioners who have indicated interest.

Applicants Sought for the Third District Trial Court Nominating Commission

The Bar is seeking applications from lawyers to serve on the Third District Trial Court Nominating Commission. The Commission nominates judges to fill vacancies on the district court and the juvenile court within the Third Judicial District. Two lawyers are appointed by the Governor from a list of six nominees provided be the Bar.

Commission Highlights

The Board of Bar Commissioners received the following reports and took the actions indicated during their regularly scheduled August 25, 2006 Commission meeting held at the University of Utah, S. J. Quinney Law School.

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."

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.

Commission Highlights

During its regularly scheduled meeting of April 28, 2006, which was held in Provo, Utah, the Board of Bar Commissioners received the following reports and took the actions indicated.

Mailing of Licensing Forms

The licensing forms for 2006-07 were mailed during the last week of May and the first week of June. Fees are due July 1, 2006; however, fees received or postmarked on or before August 1, 2006 will be processed without penalty.

Pro Bono Honor Roll

Angela Adams
Stanley S. Adams
Heidi Alder
Fred Anderson
Selina Andrews
Lauren Barros
Erika Birch
John Black Jr.
Matthew Boley
James Brown
Charles Carlston
Mary Pat Cashman
Thomas Crowther
Shelly Coudreaut
Mary Cline
Clark Fetzer
Jonathan Grover
Brent Hall
George Hunt
Laura Hansen
April Hollingsworth
Kyle Hoskins
Bill P. Kandarusman
Anthony Kaye
Jay Kessler
Louise Knauer
D. David Lambert
Larry Larsen
Robert Lovell
Brandon Mark
Sean McBride
Chad McKay
Jack Molgard
Matt Moncur
Lawrence Peterson
Ken Reich
Boyd Rogers
Richard J. Rowley
Lauren Scholnick
Elizabeth Schulte
Steve Stewart
Scott Thorpe
Stewart Ralph
Frank Warner
Tracey Watson
John Zidow

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 April and May. Call Brenda Teig at (801) 924-3376 to volunteer.

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 Maud Thurman, 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

Nominations for the Peter W. Billings, Sr. Outstanding Dispute Resolution Service Award

In memory of the great contributions of Peter W. Billings, Sr. to alternative dispute resolution in our state, the ADR Section of the Utah State Bar annually awards the Peter W. Billings, Sr. Outstanding Dispute Resolution Service Award to the person or organization that has done the most to promote alternative dispute resolution in the State of Utah. The award is not restricted to an attorney or judge. The ADR Section is currently seeking nominations for this award, which will be presented at the Bar's Annual Fall Forum.

Please submit nominations for this award by October 13, 2006 to Peter W. Billings, Jr., P. O. Box 510210, Salt Lake City, UT 84151.

PLEASE NOTE:

The Bar Journal has been requested to clarify that the Jonathan Pace whose disciplinary action was reported in the May/June edition is not lawyer John P. Pace of the Salt Lake Legal Defender Association.

President-Elect & Bar Commission Election Results

V. Lowry Snow was elected President-Elect of the Utah State Bar. He received 1,109 votes to Felshaw King's 1,078 votes.

Nate Alder and Christian W. Clinger ran unopposed in the Third Division, Robert L. Jeffs was unopposed in the Fourth Division, and Curtis M. Jensen ran unopposed in the Fifth Division. Under the Utah State Bar bylaws, these uncontested candidates were declared elected. Yvette Donosso Diaz has agreed to fill Gus Chin's unexpired one-year commissioner term in the Third Division.

Commission Highlights

During its regularly scheduled meeting of January 27, 2006, which was held in Salt Lake City, Utah, the Board of Bar Commissioners received the following reports and took the actions indicated.

1. David Bird reviewed the priority items of the June 2005 Bar Commission Retreat Governance Resolutions. David Bird also discussed the Commission priorities adopted in July 2005 by the Commission: Relations with Legislature and Courts, Performance Review, Lawyers Assistance Program and Relations with Law School Faculty and Law Students.

Applicants Sought for Second District Trial Court Nominating Commission

The Bar is seeking applications from lawyers to serve on the Second District Trial Court Nominating Commission. The Commission nominates judges to fill vacancies on the district court and the juvenile court within the Second Judicial District. Two lawyers are appointed by the Governor from a list of six nominees provided by the Bar.

Commissioners must be citizens of the United States and residents of the Second District (Davis, Morgan and Weber Counties). Commissioners are appointed for one term of four years and may not serve successive terms. No more than four of the seven members of the nominating commission may be of the same political party.

Please identify your political party or if you are politically independent.

Submit resumes to John C. Baldwin, Executive Director, by e-mail at john.baldwin@utahbar.org, or by mail at 645 South 200 East, Salt Lake City, UT 84111.

Resumes must be received by Tuesday, August 1, 2006

American Bar Association Representative

The Board of Bar Commissioners is seeking applicants to serve a two-year term as the Bar's representative to the American Bar Association's House of Delegates. The term would begin at the conclusion of the ABA's Annual Meeting in August, and run through the August, 2008 Annual Meeting.

Please send your letter of application and resume no later than Friday, June 2, 2006 to:

John C. Baldwin
Executive Director
Utah State Bar
jbaldwin@utahbar.org
645 South 200 East
Salt Lake City, Utah 84111

2005 Utah Bar Journal Cover of the Year Announced

The winner of the Utah Bar Journal Cover of the Year award for 2005 is Marva Match of Cannon & Match in Salt Lake City. Her photo of Thousand Peaks Ranch on the Weber River east of Oakley, Utah was featured on the cover of the July/Aug 2005 issue of the Utah Bar Journal.

Notice of the Utah State Bar Young Lawyers Division Elections

Nominations are being accepted for the 2006-07 President-Elect, 2006-07 Secretary and 2006-07 Treasurer for the Young Lawyers Division (ÒYLDÓ). Each nomination must be accompanied by a written statement which contains the candidate's biography, qualifications and platform. The written statement shall be no longer than the equivalent of two pages, typewritten and double-spaced. For more information regarding the elected offices and duties, please visit the YLD website (http://www.utahbar.org/sections/yld/Welcome.html) and review sections 2 and 3 of the YLD Handbook. Nominations for the offices listed above must be signed by three members of the YLD who are in good standing and must be received by 5:00 p.m. on June 16, 2006 by Ruth Hawe, VanCott Bagley Cornwall & McCarthy, 50 South Main Street, #1600, Salt Lake City, Utah, 84111; Fax: 534-0058.; Email: rhawe@vancott.com

The YLD General Election will be conducted by electronic ballot June 26-30, 2006. In order to vote, the YLD needs your email address. If the Utah State Bar does not currently have your correct email address, please send it to arnold.birrell@utahbar.org by 5:00 p.m. on June 20, 2006.

Mailing of Licensing Forms

The licensing forms for 2006-07 are scheduled to be mailed during the last week of May and the first week of June. Fees are due July 1, 2006; however fees received or postmarked on or before August 1, 2006 will be processed without penalty.

It is the responsibility of each attorney to provide the Bar with current address information. This information must be submitted in writing. Failure to notify the Bar of an address change does not relieve an attorney from paying licensing fees or late fees. Failure to make timely payment will result in an administrative suspension for non-payment after the deadline. You may check the Bar's website to see what information is on file. The site is updated weekly and is located at www.utahbar.org.

If you need to update your address information, please submit the information to:

You may also fax the information to (801)531-9537, or e-mail the corrections to arnold.birrell@utahbar.org.

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 Maud Thurman, 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

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

The Bar staff and officers are currently preparing a proposed budget for the fiscal year which begins July 1, 2006 and ends June 30, 2007. 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 2, 2006 meeting.

The Commission is interested in assuring that the process includes as much feedback by as many members as possible. A copy of the proposed budget, in its most current permutation, will be available for inspection and comment at the Law & Justice Center. You may pick up a copy from the receptionist.

Please call or write John Baldwin at the Bar Office with your questions or comments.

Pro Bono Honor Roll

Lois Baar
Lauren Barros
Richard Bird
Rex Bushman
Merlin Calver
Dee Chambers
Shelly Coudreaut
Lou Harris
D. Rand Henderson
George Hunt
Jarrod Jennings
Jonathan Jaussi
Brent Johns
Louise Knauer
David Lambert
Suzanne Marelius
Suzanne Marychild
Colin McMullin
Richard Medsker
Scott Moore
William Morrison
William Ormond
William Parsons
James Peters
Stewart Ralphs
Kevin Sheff
V. Lowry Snow
Scott Thorpe
Tracey Watson
Weston White
Timothy Williams
Lamar Winward
Carolyn Zeuthen
John Zidow

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 February and March. Call Brenda Teig at (801) 924-3376 to volunteer.

2006 Annual Convention Awards

The Board of Bar Commissioners is seeking nominations for the 2005 Annual Convention 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 Maud Thurman, Executive Secretary, 645 South 200 East, Suite 310, Salt Lake City, UT 84111, no later than Friday, April 22, 2005. The award categories include:

1. Judge of the Year

2. Distinguished Lawyer of the Year

3. Distinguished Section/Committee of the year

Notice of Ethics & Discipline Committee Vacancies

The Ethics & Discipline Committee of the Utah Supreme Court is seeking volunteers to fill vacancies on the Committee. The Ethics & Discipline Committee is divided into four panels which hear informal complaints charging unethical or unprofessional conduct against members of the Bar and determine whether or not informal disciplinary action should result from the complaint or whether a formal complaint shall be filed in district court against the respondent attorney. Appointments to the Ethics & Discipline Committee are made by the Utah Supreme Court upon recommendations of the Chair of the Ethics and Discipline Committee. Please send your resume to Lawrence E. Stevens, Chair of the Ethics and Discipline Committee, Parsons, Behle & Latimer, 201 South Main Street, #1800, P. O. Box 45898, Salt Lake City, UT 84145-0898 no later than May 2, 2006.

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

Call for Historical Bar Photos

In celebration of the 75th Anniversary of the Utah State Bar, the Bar Journal board is considering placing a montage of historical Utah Bar photos on the Bar Journal cover for a special issue scheduled for publication in the fall. Examples of old photos we have in mind would be early group photos of bar members, judges, and photos of bar offices, court houses, and the like.

Utah State Bar Request for 2006-07 Committee Assignment

The Utah Bar Commission is soliciting new volunteers to commit time and talent to one or more of 18 different committees which participate in regulating admissions and discipline and in fostering competency, public service and high standards of professional conduct. Please consider sharing your time in the service of your profession and the public through meaningful involvement in any area of interest.

Utah Bar Foundation

Notice of Annual Meeting & Open Board Position

The Utah Bar Foundation is currently soliciting nominations for an open position on the Board of Directors. All attorneys licensed in Utah and currently in good standing are welcome to apply. A nomination form must be completed and submitted to the Foundation offices by Friday, April 28, 2006. Nomination forms can be obtained from the Foundation offices at (801) 297-7046 or on the website at www.utahbarfoundation.org.

The Utah Bar Foundation will hold its Annual Meeting on Friday, July 14th between 8-9am at the Marriott Hotel in Newport Beach, CA. For additional information, please contact the Foundation offices.

Paralegal Division Celebrates 10th Anniversary

The Paralegal Division is celebrating its 10th Anniversary. The Division was created by the Utah Supreme Court on April 6, 1996, pursuant to petition by the Utah State Bar and the Board of Bar Commissioners. The Paralegal Division is planning a celebration event on the evening of April 6, 2006 at Rice Eccles Stadium in the Scholarship Reception Room. Please watch for your invitation and plan to join them at this milestone event.

Seeking Nominations

The Paralegal Division of the Utah State Bar and Legal Assistants Association of Utah are seeking nominations for "Distinguished Paralegal of the Year". Nomination forms and additional information are available online at http://www.utahbar.org/sections/paralegals or you may contact Suzanne Potts at (435) 634-1940 or spotts@clarksondraper.com. The deadline for nominations is April 15, 2006. The award will be presented at the Paralegal Day luncheon on May 18, 2006.

American College of Trial Lawyers Announces Induction

The Utah Fellows of the American College of Trial Lawyers are proud to announce that Walter F. Bugden has been inducted into the College.

The American College of Trial Lawyers strives to improve the standards of trial practice, the administration of justice and the ethics, civility, and collegiality of the trial profession. Invitation to Fellowship is extended only after careful investigation to those experienced trial lawyers who have mastered the art of advocacy and whose professional careers have been marked by the highest standards of ethical conduct, professionalism, civility, and collegiality.

2006 Spring Convention Awards

The Board of Bar Commissioners is seeking applications for two Bar awards to be given at the 2006 Spring Convention. These awards honor publicly those whose professionalism, public service, and public dedication have significantly enhanced the administration of justice, the delivery of legal services, and the improvement of the profession. Award applications must be submitted in writing to Maud Thurman, Executive Secretary, 645 South 200 East, Suite 310, Salt Lake City, UT 84111, no later than Monday, January 16, 2006.

1. Dorathy Merrill Brothers Award - For the Advancement of Women in the Legal Profession.

2. Raymond S. Uno Award - For the Advancement of Minorities in the Legal Profession.

2006 Annual Convention Awards

The Board of Bar Commissioners is seeking nominations for the 2006 Annual Convention 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 Maud Thurman, Executive Secretary, 645 South 200 East, Suite 310, Salt Lake City, UT 84111, no later than Friday, April 21, 2006. The award categories include:

* Judge of the Year

* Distinguished Lawyer of the Year

* Distinguished Section/Committee of the year

Notice of Election of Bar Commissioners

Third, Fourth & Fifth Divisions
Pursuant to the Rules of Integration and Management of the Utah State Bar, nominations to the office of Bar Commission are hereby solicited for two members from the Third Division, one member from the Fourth Division and one member from the Fifth Division, each to serve a three-year term. To be eligible for the office of Commissioner from a division, the nominee's mailing address must be in that division as shown by the records of the Bar.

2005 Fall Forum Awards

Reverend Mr. France A. Davis
Distinguished Community Member of the Year

James S. Jardine
Distinguished Lawyer of the Year

Su J. Chon
Pro Bono Lawyer of the Year

Hon. Richard C. Howe
Professionalism

Pro Bono Honor Roll

Stanley Adams
Richard Armstrong
Lauren Barros
M. Paige Benjamin
James Blakesley
Mary Brown
Robert Cosson
Martin Custen
Jerald Engstrom
Dana Farmer
Angela Fonnesbeck
Samuel Gardiner
Nathan Hult
Jonathan Jaussi
Chase Kimball
H. Ralph Klemm
D. David Lambert
Deanna Lasker-Warden
Michelle Lesue
Robert Lovell
Vinh Ly
Ramona Mann
Daniel McKay
Suzanne Marychild
Stephen Mayfield
Sam Meziani
Russell Minas
William Morrison
Stephen Oda
Lester Perry
Candice Ragsdale-Pollock
Chen Shen
Emily Smoak
Kirsten Sparks
Steven Stewart
Sidney Unrau

Utah Legal Services and the Utah State Bar wish to thank these attorneys for their time and willingness to help those in need. Call Brenda Teig at (801) 924-3376 to volunteer.

Appointments

The Bar appoints or nominates for appointments to various state boards and commissions each year. The following is a listing of positions which will become vacant in the next twelve months. If you are interested in being considered for one or more of these positions, please send a letter of interest and resume to John C. Baldwin, Utah State Bar, 645 South 200 East, Salt Lake City UT 84111 or e-mail john.baldwin@utahbar.org.

Utah State Lawyer Legislative Directory
57th Legislature 2006-2007

The Utah State Senate

Patrice Arent
Democrat - District 4

Education: B.S., University of Utah, 1978; J.D., Cornell Law School, 1981

Committee Assignments: Executive Office of Criminal Justice Appropriations Committee; Judiciary, Law Enforcement, and Criminal Justice Committee

Elected to House of Representatives, 1996; Elected to Senate, 2002

Area of Practice: Commercial Litigation

Appointments

The Bar appoints or nominates for appointments to various state boards and commissions each year. The following is a listing of positions which will become vacant in the next twelve months. If you are interested in being considered for one or more of these positions, please send a letter of interest and resume to John C. Baldwin, Utah State Bar, 645 South 200 East, Salt Lake City UT 84111 or e-mail john.baldwin@utahbar.org.

Ethics Advisory Opinion Committee Seeks Members

The Utah State Bar's Ethics Advisory Opinion Committee is seeking a volunteer member of the Utah State Bar to fill a vacancy on the Committee. The Committee responds to requests for opinions concerning ethics matters. The Committee is particularly interested in applicants who practice outside of Salt Lake County. Committee appointments are for a term of three years. Meetings are held at 4:00 p.m. on the second Tuesday of each month at the Utah Law & Justice Center, Salt Lake City, Utah. Members undertake individual research and writing assignments. Please send your resume to Craig Mariger, Chair of the Ethics Advisory Opinion Committee, Jones Waldo Holbrook & McDonough PC, 170 S. Main Street, Suite 1500, Salt Lake City, Utah 84101 no later than November 30, 2005.

Supplementation to Local Rules/ U.S. Bankruptcy Court/Utah

Pursuant to Standing Order #1: Effective for all cases filed and also for existing cases converted to Chapter 13 after July 2005, new requirements for Local Rules 2003-1; 2083-1; 5005-1 and 6070-1 are available at: www.utb.uscourts.gov.

New Interim Rules and Forms/ U.S. Bankruptcy Court/Utah

Pursuant to Standing Order # 2: Effective for all cases filed on or after the effective date of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, newly approved official forms and approved rules designed to implement the substantive and procedural changes mandated by the Act are available at: www.utb.uscourts.gov.

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.

The Utah Minority Bar Association Presents:
'Celebrating Diversity in the Law'
Banquet and Program Honoring the First 50 Minority Attorneys in Utah

October 15, 2005 at 6:00 p.m.
Grand America Hotel ¥ Salt Lake City, Utah

Since the Utah Minority Bar Association ('UMBA') first announced its upcoming 'First 50' event, excitement has been building rapidly. If you have not already heard, UMBA is hosting a celebration to honor and recognize the First 50 minority lawyers admitted to practice law in the State of Utah. This will be a gala event and everyone is invited. Many firms, organizations, and individuals have already committed to attend. I hope you do too.

2005 Fall Forum Awards

The Board of Bar Commissioners is seeking nominations for the 2005 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 Maud Thurman, Executive Secretary, 645 South 200 East, Suite 310, Salt Lake City, UT 84111, no later than Tuesday, September16, 2005. The award categories include:

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

Grant Program Seeks Requests

'and Justice for all' annual grant program seeks requests to support civil legal aid programs in Utah. Grants are made to non-profit organizations in Utah providing direct legal aid, especially those who face barriers due to income, disability, age, geography, race or ethnicity. The agency expects to award three to six grants totaling approximately $25,000. Grants are due September 30, 2005. For an application please contact kaiwilson@lasslc.org.

Utah Attorney Swims English Channel

Richard Barnes, a Utah attorney, has accomplished something no other Utahn has done before. On August 6, 2005 he swam the English Channel. The swim from England to France was completed in sixteen hours and forty-three minutes.

Known as the 'Mount Everest' of swimming because of its difficulty, the English Channel is 21 miles straight across, but because of the very strong currents, tides, and weather conditions, swimmers must swim much further than that. Richard Barnes' swim was approximately 36 miles.

Richard entered an elite group of swimmers who have successfully made the crossing. Out of thousands of attempts, only approximately 680 people have completed the swim, less than half of the number of people who have climbed Mr. Everest.

The English Channel is known as the most difficult open water swim because of the extreme cold water, averaging only 60 degrees at its warmest season. Other obstacles are jellyfish stings, strong currents, and six-foot swells, not to mention the occasional passing freighter creating even larger waves. It is one of the busiest shipping lanes in the world with 600 tankers passing through and 200 ferries and other vessels going across daily.

In order to be officially recognized by the Channel Swimming Association, swimmers are not allowed to wear a wet suit or anything that will aid in buoyancy or thermal protection. The only exception is that swimmers are allowed to apply 'Channel Grease' (a mixture of Vaseline and lanolin) before the swim.

Mr. Barnes has been practicing law for five years and works as an insurance defense attorney for Paul H. Matthews & Associates, P.C.

Utah State Bar Presents Awards At 2005 Annual Convention

The Annual Awards of the Utah State Bar were presented at the Bar's 75th Annual Convention by the Board of Bar Commissioners, on behalf of the entire Bar membership. Recipients are selected on the basis of achievement; professional service to clients, the public, courts and the Bar; and exemplification of the highest standards of professionalism to which all judges and lawyers aspire.

Judge of the Year
Hon. Andrew A. Valdez
Judge Andrew A. Valdez was appointed to the Third District Juvenile Court in June of 1993 by Gov. Michael O. Leavitt. He serves Salt Lake, Summit and Tooele counties. He graduated from the University of Utah College of Law in 1977.

Prior to his appointment, Judge Valdez was a commissioned captain in the U.S. Army J.A.G. Corp and trial counsel with the Legal Defenders Association Felony/Homicide Division.

Awards include Board of Youth Corrections Distinguished Service Award; American Red Cross Lifesaver Award; Minority Bar Association Leadership Award; Lillian Smith 'Youth Advocate of the Year' Award; 'Peace in the Streets' Award given by the Salt Lake Area Gang Project; U.C.L.R. Leadership Award; Catholic Community Service Award; and Honorary Doctorate Degree of Humane Letters, Salt Lake Community College.

Judge Valdez has developed a court-based mentoring program, partnerships with community education schools, and opportunities for female juvenile offenders to work off restitution obligations.

Judge Valdez has served as chair of the statewide Youth Parole Authority, and has served on the Utah Sentencing Commission, Board of Trustees for Primary Children's Medical Center, Juvenile Justice Task Force, Board of Juvenile Court Judges, and the Judicial Council. He is currently a member of the National Youth Gang Center and was honored January 2003 with the Martin Luther King Civil Rights Award by the N.A.A.C.P. Judge Valdez was awarded the Footprinter's Association Law Enforcement Officer of the Year award and the Utah Children Child Advocate of the Year award in May 2005.

Distinguished Committee of the Year
Governmental Relations
Lori W. Nelson & Scott R. Sabey, Co-Chairs
The Bar's Governmental Relations Committee assists the members of the Bar by monitoring activity at the offices of the Governor, Senate and the House of Representatives. Pursuant to Article VIII, Section 4 of the Utah Constitution, and as set out in Rule III, Section O of the Supreme Court Rules of Professional Practice and State Bar Integration and Management, the Utah Supreme Court has directed the Governmental Relations Committee to study and provide assistance on public policy issues, and advise the Bar Commission on positions to adopt on public policy issues and pending legislation. This includes issues involving: the courts of this state; rules of procedure and evidence in the courts; the administration of justice; the practice of law; and matters of substantive law on which the collective expertise of lawyers has special relevance and/or which may affect an individual's ability to access legal services or the legal system as defined by the Utah Supreme Court.

The Committee also uses the broad participation of the Bar by seeking participation in the Governmental Relations Committee by each of the other Sections and Committees of the Bar. The Committee's members also review and analyze pending or proposed legislation and provide technical assistance to the Legislature, the Governor, the Judicial Council and other public bodies upon request.

The greatest challenge the Governmental Relations Committee has faced over the last few years has been to improve the Bar's relationship with the Legislature. A better working relationship is necessary to assist in improving the quality and clarity of laws that are passed. To that end Constitutional Law classes by professors of both law schools have been offered for new legislators, presentations on the available services of the Governmental Relations Committee have been made to the caucuses of both parties, and meetings have been held with key members of the House and Senate. The Committee has also assisted the Bar Commission in the effort to ensure the Bar's representations to the Legislature are consistent with the views of its members.

The degree of success enjoyed to date in Governmental Relations Committee's overall goals of improving the practice of law for lawyers and the impact of the laws on the public could not be accomplished without the tremendous contributions of Bar member John T. Nielsen, to whom we all owed a debt of thanks.

Distinguished Section of the Year
Alternative Dispute Resolution
Michelle M. Roybal, Chair
At 136 members, the ADR Section may well be one of the smallest of our Bar. We have found, however, that the membership is vocal, strong, and committed to supporting events advocating for dispute resolution throughout our community.

The Alternative Dispute Resolution Section of the Utah State Bar is pleased to welcome attorneys and non-attorneys as its members. We are one of the few Sections of the State Bar authorized to allow non-attorney members to join. We believe this is indicative of the collaborative work that we do as conflict resolution practitioners and we hope that the professional diversity represented in our Section improves the quality of the education programs we offer as a Section.

Some of the accomplishments of the ADR Section over this past year include the establishment of the ADR Academy as our flagship event, co-sponsoring the Utah ADR Symposium Seeking Just Resolutions with the Utah Council on Conflict Resolution, and holding sessions at the Midyear Conference, Annual Convention and Fall Forum. As well, annually, the Section honors a community member who has significantly contributed to the field of dispute resolution with the Peter W. Billings, Sr. Outstanding Service Award.

In addition to these CLE and professional development programs, our members have become increasingly involved in outreach and education efforts regarding conflict resolution. We have been involved with the review of legislation mandating mediation in domestic law disputes in Utah, as well as the in the establishment of a volunteer mediation program at the Sandy Division of the Third District Court. One of the primary goals of the Section leadership over the coming years is to increase the exposure of students in public schools to the ADR process and to their own abilities to resolve conflicts in an effective manner.

We are honored by this award from the Board of Bar Commissioners and are pleased to be involved in the recognition of the importance of the role of lawyer as problem solver.

Seeking Nominations for the Peter W. Billings, Sr. Outstanding Dispute Resolution Service Award

In memory of the great contributions of Peter W. Billings, Sr. to alternative dispute resolution in our state, the ADR Section of the Utah State Bar annually awards the Peter W. Billings, Sr. Outstanding Dispute Resolution Service Award to the person or organization that has done the most to promote alternative dispute resolution in the State of Utah. The award is not restricted to an attorney or judge. The ADR Section is currently seeking nominations for this award, which will be presented at the Bar's Annual Fall Forum.

Please submit nominations for this award by September 30, 2005 to Peter W. Billings, Jr., P. O. Box 510210, Salt Lake City, UT 84151.

2005 Fall Forum Awards

The Board of Bar Commissioners is seeking nominations for the 2005 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 Maud Thurman, Executive Secretary, 645 South 200 East, Suite 310, Salt Lake City, UT 84111, no later than Monday, September 19, 2005. The award categories include:

1. Distinguished Community Member Award

2. Pro Bono Lawyer of the Year

3. Professionalism Award

Commission Highlights

During its regularly scheduled meeting of April 22, 2005, which was held in Salt Lake City, Utah, the Board of Bar Commissioners received the following reports and took the actions indicated.

President-Elect and Bar Commission Election Results

Gus Chin was elected President-Elect of the Utah State Bar. He received 1,307 votes to Rusty Vetter's 1,008 votes. Rodney G. Snow and Stephen Owens were elected to the Commission in the Third Division. Rodney received 968 votes and Stephen received 862 votes. With 772 votes in the Third Division, Lori W. Nelson was elected to fill the unexpired term of David R. Bird.

Herm Olsen ran unopposed in the First Division.

Commission Highlights

During its regularly scheduled meeting of March 10, 2005, which was held in St. George, Utah, the Board of Bar Commissioners received the following reports and took the actions indicated.

2005 Fall Forum Awards

The Board of Bar Commissioners is seeking nominations for the 2005 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 Maud Thurman, Executive Secretary, 645 South 200 East, Suite 310, Salt Lake City, UT 84111, no later than Tuesday, September16, 2005. The award categories include:

1. Distinguished Community Member Award

2. Pro Bono Lawyer of the Year

3. Professionalism Award

West Jordan Courthouse to Open Doors in June

A new West Jordan Courthouse is scheduled to open its doors for business at 8080 Redwood Road on Monday, June 20, 2005. The 112,000 sq. ft. courthouse will be the second largest courthouse in Utah - next to the Scott M. Matheson Courthouse - with a 12-courtroom configuration. The courthouse will administer cases from the south end of the Salt Lake valley and will expand operations to execute court functions that previously have not been available at the Sandy and West Valley City courthouses.

Since the ground breaking on the courthouse took place November 2003, work has been steady to build the $19.3 million facility. The courthouse will include six Third District courtrooms - including two unfinished courtrooms - and six Third District juvenile courtrooms - one of which will be unfinished. In addition, Alternative Dispute Resolution and mediation rooms will be located in the courthouse and are designed to minimize the formality of the courtroom setting. Offices for the District Attorney's office will also be located in the courthouse.

"The West Jordan Courthouse will allow the public from the south end of the valley convenient access to court services," said Dan Becker, Utah State Court administrator. "The West Jordan facility will offer all of the services available at the Matheson Courthouse, but not currently available at the Sandy or West Valley City courthouses."

Employees of the Sandy and West Valley City courthouses will move into the West Jordan Courthouse during the week of June 13. The Sandy Courthouse will close for business on June 10 at 5:00 p.m. and the West Valley City Courthouse is expected to completely close fall 2005. The West Jordan Courthouse phone numbers and additional information will be posted on the Utah State Courts' website at www.utcourts.gov when available.

GSBS Architects designed the West Jordan Courthouse. The firm also designed the Logan Courthouse. Okland Construction Company is the project contractor.

Notice of Election of Bar Commissioners

First and Third Divisions
Pursuant to the Rules of Integration and Management of the Utah State Bar, nominations to the office of Bar Commission are hereby solicited for one member from the First Division and two members from the Third Division, each to serve a three-year term. To be eligible for the office of Commissioner from a division, the nominee's mailing address must be in that division as shown by the records of the Bar.

Notice of Direct Election of Bar President
In response to the task force on Bar governance the Utah Supreme Court has amended the Bar's election rules to permit all active Bar members in good standing to submit their names to the Bar Commission to be nominated to run for President-Elect in a popular election and to succeed to the office of President. The Bar Commission will interview all potential candidates and select two final candidates who will run on a ballot submitted to all active Bar members and voted upon by the active Bar membership. Final candidates may include sitting Bar Commissioners who have indicated interest.

2005 Spring Convention Awards
The Board of Bar Commissioners is seeking applications for two Bar awards to be given at the 2005 Spring Convention. These awards honor publicly those whose professionalism, public service, and public dedication have significantly enhanced the administration of justice, the delivery of legal services, and the improvement of the profession. Award applications must be submitted in writing to Maud Thurman, Executive Secretary, 645 South 200 East, Suite 310, Salt Lake City, UT 84111, no later than Monday, January 17, 2005.

1. Dorathy Merrill Brothers Award - For the Advancement of Women in the Legal Profession.

2. Raymond S. Uno Award - For the Advancement of Minorities in the Legal Profession.

Karin Hobbs Receives the 2004 Peter W. Billings, Sr. Award
Karin Hobbs, long-time mediator and ADR mentor, received the 2004 Peter W. Billings, Sr. Award for Excellence in ADR at the State Bar's recent Fall Forum on Friday, October 22nd at the Marriott-University Park Hotel. The award honors the legacy of Peter W. Billings, Sr., a pioneer and a champion of the collaborative dispute resolution process and mediation in Utah.

2005 Annual Convention Awards
The Board of Bar Commissioners is seeking nominations for the 2005 Annual Convention 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 Maud Thurman, Executive Secretary, 645 South 200 East, Suite 310, Salt Lake City, UT 84111, no later than Friday, April 22, 2005. The award categories include:

1. Judge of the Year
2. Distinguished Lawyer of the Year
3. Distinguished Section of the Year
4. Distinguished Committee of the Year

Bar Welcomes New Admittees
242 new admittees were welcomed into the Utah State Bar at an admission ceremony held at the Salt Palace on October 21, 2004. Family and friends of the new admittees gathered to listen while Matthew B. Durrant, Justice of the Utah Supreme Court, addressed the audience. Michael J. Wilkins, Associate Chief Justice of the Utah Supreme Court conducted the event and a large gathering of judges from both the Utah Supreme Court and the United States District Court for the District of Utah were in attendance. Refreshments were provided after the ceremony.

Fund for Client Protection Seeks Five new Committee Members
The Utah State Bar Lawyer's Fund for Client Protection Committee is seeking five new committee members. The purpose of the Fund for Client Protection is to promote public confidence in the administration of justice and the integrity of the legal profession by reimbursing losses caused by the dishonest conduct of lawyers admitted and licensed to practice law in the State of Utah, occurring in the course of the lawyer/client or fiduciary relationship between the lawyer and the claimant.

Appointments to the committee shall be for a term of three (3) years, or the term uniformly determined for all Committee members by the Utah State Bar. Vacancies shall be filled by appointment by the President of the Utah State Bar, with the approval of the Board of Commissioners, for the term.

If you are interested in serving on this committee please contact:

Christine Critchley
Utah State Bar
645 South 200 East
Salt Lake City, Utah 84111-3834
(801) 297-7022
e-mail: ccritchley@utahbar.org

UMBA Annual Scholarship & Awards Banquet
The Utah Minority Bar Association celebrated its Annual Scholarship & Awards Banquet on October 29, 2004. The UMBA honored some of Utah's best lawyers, activists and students dedicated to serving minority interests. This year, UMBA's Honoree of the Year Award went to Maynard Phyl Poulson who, along with Henry Adams and Judge Ray Uno, drafted the Utah Anti-Discrimination Act and introduced it as a bill and was influential in its passage by the Utah legislature. Mr. Poulson also headed the Utah Anti-Discrimination Division. Upon accepting the award, Mr. Poulson told the audience, "I did what my heart told me to do."

UNITED STATES COURT OF APPEALS

In re:

Electronic Submission of Selected
Documents

EMERGENCY GENERAL ORDER
FILED October 20, 2004

Before TACHA, Chief Judge, SEYMOUR, EBEL, KELLY, HENRY, BRISCOE, LUCERO, MURPHY, HARTZ, O'BRIEN, McCONNELL and TYMKOVICH Circuit Judges.

In order to evaluate the usefulness of documents in electronic form the Court adopts this interim order effective December 1, 2004.

Lawyers Face Off on Opposing Sides of the (Pool) Table & Raise Funds for "and Justice for all"
The Utah State Bar's Young Lawyers Division with "and Justice for all" held their third annual Bar Sharks for Justice Pool Tournament - an event to raise operating funds for "and Justice for all." The event was a great success, raising $2,764.

Commission Highlights
During its regularly scheduled meeting of June 4, 2004, which was held at the Pete Suazo Building, Salt Lake City, Utah, the Board of Bar Commissioners received the following reports and took the actions indicated.

Utah State Bar Presents Awards At 2004 Annual Convention

The Annual Awards of the Utah State Bar were presented at the Bar's 74th Annual Convention by the Board of Bar Commissioners, on behalf of the entire Bar membership. Recipients are selected on the basis of achievement; professional service to clients, the public, courts and the Bar; and exemplification of the highest standards of professionalism to which all judges and lawyers aspire.

Sun Valley Golf
2004 Annual Convention Golf Tournament Sun Valley, Idaho

Richard Bird, right, posing with his son, David Bird during the 2004 Annual Convention Golf Tournament in Sun Valley, Idaho. Richard and David practice law with the firm of Richards, Bird & Kump. Richard Bird, a graduate of Harvard Law School, has been a member of the Utah State Bar since 1933. Upon returning to Utah in 1939, Richard has been a regular attendee at the Bar's Annual Conventions. At 97 years young, Richard was the oldest participant at this year's golf tournament. Congratulations!

During its regularly scheduled meeting of July 12, 2000, which was held in San Diego, California, the Board of Bar Commissioners received the following reports and took the actions indicated.