Utah Bar Journal

Report from 7500 Feet
by Justice Michael J. Wilkins

The National Conference of Commissioners on Uniform State Laws (who?) met in Big Sky, Montana in July. Big Sky is a ski resort town with beautiful mountains, about one third of the charm of Utah’s ski areas, and very very thin air. Oh, and no directional signs for finding the hotels. Even my computerized guidance system gave up about three miles short of the target. “No further guidance will be provided,” she said. With raindrops the size of small fists hitting my windshield and overwhelming my wipers, I eventually blundered my way into the Big Sky Ski Resort area at 7500 feet. The hotels and resort buildings all face the mountains, and frame a breathtaking view (literally). They also occupy nearly all of the available flat ground. Parking is an issue. I recommend the SmartCar for your visit. I, of course, drove the Sequoia (a large SUV of Japanese ancestry that has yet to adjust adequately to the fuel price crisis). The drive from Salt Lake took a mere 6 hours. I had arrived for my first annual conference of the NCCUSL, also known as the Uniform Law Commission.

Statements of Material Fact: Increasing Effectiveness and Avoiding Pitfalls

by Judge Anthony B. Quinn and Joanna E. Miller

Utah Rule of Civil Procedure 7, is a precise rule with clear consequences for noncompliance. However, the current practice with respect to rule 7 is anything but clear or precise. From a trial court’s perspective there are two explanations for this lack of clarity: Utah attorneys have become adept at avoiding the intention of the rule and Utah appellate decisions have not been clear about the discretion a trial court has to deem facts admitted for a failure to comply with the rule. This article seeks to clarify the purpose of rule 7, to outline the appellate confusion about its application and to present at least one judge’s view of how the rule should operate.

Senior Attorneys for Low-Income Litigants
by Judge Sam McVey

I hope to generate a discussion in the Bar Journal and elsewhere of new ideas addressing an old problem – providing legal representation to litigants who can’t afford attorneys and aren’t among the few who get help from Legal Services, Legal Aid, or attorneys who do pro bono work.

What I Know Now that I Wish I Had Known When I Was Practicing
by Judge Royal I. Hansen

In the company of Judges Terry Christiansen, Stephen Roth, Robert Adkins, Elizabeth Lindsley, Dane Nolan and Christine Decker and Commissioner Michelle Tack, I sit in the state's newest courthouse, located in West Jordan. It is the second largest state judicial complex and represents a consolidation of the Salt Lake County suburban courts. The second floor is dedicated to the Juvenile Court and the third floor houses the District Court. Courts in Sandy, Murray and West Valley have been closed. The West Jordan Division is a full service court. It has county-wide civil and geographical criminal jurisdiction, including the South Valley Felony Drug Court.

First Impressions
by Judge Carolyn B. McHugh

"Knowledge and timber shouldn't be
much used till they are seasoned."

Oliver Wendell Holmes
The Autocrat of the Breakfast Table, 1858

Because I agree with Justice Holmes and will not have been on the bench for a year until August 1, 2006, I am somewhat reluctant to share any "pearls of wisdom" at this early juncture. At the urging of my colleague and the Bar Journal's "judicial advisor," Judge Orme, I have acquiesced. There is, however, one advantage to being a rookie. I still identify strongly with those of you on the other side of the bench and am eager to provide whatever information you might find helpful. Thus, I have included my answers to the questions most frequently asked since I made this transition and have also added some observations that might help you to be a more effective appellate advocate.

Lessons from Kindergarten
by Justice Jill N. Parrish

EDITOR'S NOTE: Justice Parrish delivered these remarks on October 12, 2005 at the Admissions Ceremony for new inductees to the Utah State Bar.

Congratulations on passing the bar exam! You now have permission to practice what you've spent the last three years learning. You've proven that you can retain material not only long enough to pass a final exam, but long enough to convince the Bar Examiners (and all of us) that you are, in fact, qualified to practice law.

Learning Professionalism and Civility - Thoughts for New Members of the Bar

by Judge Derek P. Pullan

Every day, I am grateful for attorneys who have a clear view of the law, and are willing to impart that knowledge to me. In the legal profession, seeing things clearly does not come without sacrifice. I am regularly the beneficiary of your long hours of research, reading, and disciplined thought. Those who venture into the vast legal landscape know that the demands of the journey are real. Thank you for your conscientious work on behalf of your clients and the courts.

Remember, for Every Case Won at Oral Argument, the Other Side Loses

by Justice Michael J. Wilkins

As I sat through another oral argument before the Utah Supreme Court last month, I began to wonder if I could list the characteristics that differentiate the most successful advocates before our court from the least successful. I smiled to myself, and thought, "Well, the first characteristic is that they don't let me drift off mentally when they are at the podium." After the calendar concluded, I jotted down a few thoughts for my own amusement. As the list developed on paper, I realized that these were suggestions that I wish someone had given me when I was still on the other side of the bench. They apply nearly as well to the trial courts, and seem only common sense to me now that I have been privileged to participate in the court's side of appellate arguments for ten years. I offer them to you for what use you may be able to make of them.