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May 2009 Archives

May 1, 2009

Lincoln left an invaluable legal legacy

Lincoln left an invaluable legal legacy

By Nate Alder

Published: Friday, May 1, 2009 12:00 a.m. MDT

In 2009 we mark the bicentennial of the birth of Abraham Lincoln, regarded by many as our nation's greatest and most eloquent president. May 1 is Law Day, when we celebrate both the legacy of Lincoln and the rule of law.

Lincoln had great reverence for the principles which are at the foundation of our nation. That passion echoes throughout his speeches. He proclaimed, "Let reverence for the laws, be breathed by every American mother, to the lisping babe, that prattles on her lap — let it be taught in schools, in seminaries, and in colleges; let it be written in primers, spelling books, and in almanacs; — let it be preached from the pulpit, proclaimed in legislative halls, and enforced in courts of justice. And, in short, let it become the political religion of the nation; and let the old and the young , the rich and the poor, the grave and the gay, of all sexes and tongues, and colors and conditions, sacrifice unceasing upon its altars."

Today our society is held together by the rule of law and by our collective devotion to the order, comfort and reliability that it provides. Our stability as a nation is grounded in a representative democracy and a respected judiciary whose powers are, thankfully, not dependent on the whim or caprice of the current ruling junta, dictator or popular political party.

Lincoln praised the foresight of the Founding Fathers. "They erected a beacon to guide their children and their children's children and the countless myriads who should inhabit the earth in other ages. Wise statesmen as they were, they knew the tendency of prosperity to breed tyrants, and so they established these great self-evident truths, that when in the distant future some man, some faction, some interest, should set up the doctrine that none but rich men, or none but white men, were entitled to life, liberty and the pursuit of happiness, their posterity might look up again to the Declaration of Independence and take courage to renew the battle which their fathers began."

He honored the reason and compassion of the Constitution with its promise of equal liberty under law, saying that it was made as a "frame to adorn and preserve" the Declaration of Independence.

The Constitution enacted a revolutionary philosophy of "checks and balances" by which three new branches of government — the legislative, judicial and executive — each has independent powers and dependent responsibilities. Our inherent individual freedoms are thus protected from unwarranted governmental intrusion and our collective power to govern remains free from manipulation by the rich and powerful. We elect our representatives in public elections. We can have our day in court. Each branch has limited rights to intrude on the duties of the others. Each branch is accountable to the people.

This Law Day we recognize Lincoln as an American president who united a nation and fought tirelessly for justice. We praise the passion of his Gettysburg Address and revel in the reminder that the nation was indeed, "conceived in liberty and dedicated to the proposition that all men are created equal."

By appealing to fundamental values of equality, justice and liberty under law and not liberty under man's own power, and by adhering to his own values, Lincoln became an inspirational leader whose legacy lives today. We honor his memory as we live his words. We admire the wise men and women who have followed in his steps. Let us also follow the inspired words of his amazing second inaugural address, including that we live "with malice toward none; with charity for all."

Nate Alder is president of the Utah State Bar.

Deseret News

May 4, 2009

May e.Bulletin


Utah State Bar 2009 elections are now complete. Robert L. Jeffs has been elected as our new President-elect. Elected in the Third Division are Christian W. Clinger and James D. Gilson. We want to thank the fine lawyers who were willing to campaign and serve. We also want to thank all who voted and participated in the process. It is our duty now to get behind our representatives and get involved in the Bar programs and services. We will benefit greatly from your input.

May 2009 E-News

Annual Survey of Bar Members
Licensing Forms
Sun Valley Convention
Nominations Sought for Summer Convention Awards
Women Lawyers Morning Symposium
Professional Services Tax
Service of Process
Lawyers Needed to Network
Group Benefit Highlight: Jabberclick.com

Continue reading "May e.Bulletin" »

May 6, 2009

Utah State Law Library Court Classes In May

Salt Lake City, UT - The Utah State Law Library is offering a series of free classes in May to inform the public about court-related topics. Following is a list of the classes with information on the instructor.

May 8, Resources for Self-Represented Parties, 3:30 to 4:30 p.m.
Taught by Joanne Gialelis, Library Assistant, Utah State Law Library

May 14, Small Claims Basics, 5 to 6 p.m.
Taught by Tim Shea, Senior Staff Attorney, Utah State Courts

May 21, Guardianship of a Minor Basics, 5 to 6 p.m.
Taught by Mary Jane Ciccarello, Staff Attorney, Utah State Courts

May 28, Juvenile Court Basics, 5 to 6 p.m.
Taught by Whitney Kania, Juvenile Court Law Clerk, Utah State courts

The State Law Library is located on the first floor of the Scott M. Matheson Courthouse at 450 South State in Room W-13. Advance registration for the classes is required by e-mailing library@email.utcourts.gov or by calling (801) 238-7990. For a complete listing of class dates and times, go to www.utcourts.gov/lawlibrary/.

May 16, 2009

Daily Herald - Provo: Bar elects first Utah County lawyer in 35 years as president


Saturday, 16 May 2009
Bar elects first Utah County lawyer in 35 years as president Print E-mail
Ace Stryker - Daily Herald

PROVO -- It wouldn't have been a great leap to predict Robert L. Jeffs would end up in law.
"My father, my uncle, all of my brothers are attorneys," he said. "My entire immediate family is attorneys."

Jeffs, who grew up in Provo, attended Brigham Young University and graduated from the school's J. Reuben Clark Law School in 1984. He joined the family's Provo-based firm, Jeffs & Jeffs PC, immediately afterward.

The way he tells it, it wasn't even a great leap for him to run for a spot on the Utah State Bar Commission six years ago.

"I come from a background that I think is very rich in the practice of law, which has been very good to me and my family," he said. "It's something I feel like I owe back to the profession."

He won a spot representing the lawyers of Utah, Wasatch, Juab and Millard counties by a vote of that group. The Utah State Bar is responsible for licensing and disciplining lawyers and for public service, among other things. Those responsibilities are delegated by the Utah Supreme Court, which bears the duties under the state Constitution.

The great leap, in fact, only came recently, when Jeffs decided to run for president of the organization. Before he ran, no Utah County lawyer had held the position in more than 35 years. That's technically still true -- but as of earlier this month, the streak is destined to break when Jeffs takes the office in July 2010.

"When I originally became a bar commissioner, I had no interest whatsoever in becoming bar president," he said. "The demands of the job, the nature of the job just wasn't something I thought I'd be interested in."

Indeed, Jeffs said he anticipates about half of his professional time will go toward the volunteer job when he takes office. But the encouragement of fellow lawyers "pushed [him] over the edge," he said, and he won more of the vote among statewide attorneys than Felshaw King, his challenger from Kaysville.

Jeffs said he's excited for the opportunity to be an advocate for Utah County and surrounding areas, which have been historically underrepresented.

"By and large, appointments and service positions are dominated by attorneys from Salt Lake County," he said. "I can help influence that. More attorneys from our community will be involved in leadership positions for the bar."

He said he also plans to build relationships between attorneys and both the public and the state Legislature. Jeffs's father, M. Dayle Jeffs, attorney at Jeffs & Jeffs and a former bar commissioner, said he's proud to see his son take on the job, but he doesn't expect it to be easy.

"It's an opportunity -- but of service," he said. "You put in many dozens of hours as president of the bar, and you do it for the good of the system."

Robert Jeffs will be sworn in as president-elect this July. He takes office as president a year later, and will remain in the position for a year.

May 19, 2009

Utah Supreme Court Appoints Constance Lundberg to Utah Judicial Conduct Commission

Salt Lake City, UT—The Utah Supreme Court has appointed Constance K. Lundberg, of Orem, to serve on Utah’s Judicial Conduct Commission (JCC). Lundberg replaces Ruth Lybbert, an attorney with the law firm of Dewsnup, King & Olsen, who has served on the JCC since July 2002.

Lundberg is an attorney with the law firm of Jones Waldo Holbrook & McDonough. She received a law degree from the University of Utah Law School in 1972. Prior to joining Jones Waldo Holbrook & McDonough, Lundberg served as Associate Dean of the J. Reuben Clark Law School and before that as law librarian at Howard W. Hunter Law Library at Brigham Young University (BYU). She has taught public land law, mining law, environmental and conservation law, and advocacy at the law school and continues to teach alternative dispute resolution at BYU. Lundberg was recently awarded the Distinguished Service Award by the Utah State Bar’s Energy & Natural Resources Law Section.

Utah law requires the Utah Supreme Court to appoint two judges and two attorneys to serve on the JCC. One of the judges must be a member of the Utah Court of Appeals, while the other judge must be a from the district or juvenile court bench. The attorneys must be members in good standing with the Utah State Bar and each attorney must reside in a different judicial district.

Current appointees to the Judicial Conduct Commission are as follows: Utah Court of Appeals Judge Russell W. Bench, 3rd District Court Judge Royal I. Hansen, and Ronald G. Russell, attorney with the law firm of Parr, Brown, Gee and Loveless.

Amendment to Mentoring Rule Addressing Conflict and Confidentiality

The Utah Supreme Court has adopted a new amendment for the New Lawyer Training Program rule to resolve issues with conflict and confidentiality in the mentor relationship between mentors and lawyers not in the same firm or organization. Click here to view the new amendment.

In Memory of Judge David K. Winder, 1932 - 2009


'Decent Dave' Winder dies at 76
By Linda Thomson
Deseret News
Published: Tuesday, May 19, 2009 6:32 p.m. MDT

U.S. District Judge David Kent Winder, 76, died Tuesday following a long illness.

President Jimmy Carter appointed Judge Winder, a former prosecutor, attorney in private practice and a 3rd District state-court judge, to the federal bench in 1979. Judge Winder's polite and even-handed courtroom demeanor earned him many awards throughout his career and, early on, produced the nickname "Decent Dave."

"The American Lawyer" magazine in 1983 termed him the best district judge in the 10th Circuit and lauded him for being well-informed and well-prepared for the cases before him, praising his "compulsion to master the details of every matter before oral argument."

Judge Winder was known for his punctuality and a work ethic that included 12-hour days and reading legal documents on Saturdays to be fully aware of the contents of each one before court hearings took place.

U.S. Attorney Brett Tolman said Tuesday that Judge Winder was "universally respected and admired" by those who work in U.S. Attorney's Office.

"We knew he would come to the bench each day having thoroughly studied the issues to be argued. He had a perfect judicial temperament," Tolman said. "He never demanded respect; he earned it. He treated everyone who appeared before him with fairness and dignity. His contributions to the federal bench and his example as a judge will long be remembered."

Judge Winder was born in Salt Lake City in 1932, graduated from Granite High School, served in the U.S. Air Force from 1951-52, got an English degree from the University of Utah in 1955 and received his law degree from Stanford University in 1958.

Nate Alder, president of the Utah State Bar, recalls being a fresh-from-college law clerk in 1995 with a tiny office just down the hall from Judge Winder.

"Every lawyer in town appreciated him," Alder said. "He was the epitome of what a judge should be: prepared, professional, civil, personable, fair. He just brought a level of sophistication to the bench that everyone appreciated, and he was the standard-bearer for years. I think a lot of people decided to become judges because he was such a great judge."

Alder also said Judge Winder inspired attorneys to do their best legal work, because it would be unseemly to appear before such a hard-working judge unprepared.

"He was universally loved and respected by lawyers," Alder said. "When he ruled against you, you knew exactly why, and you felt he was fair."

During his career, Judge Winder worked as an assistant U.S. attorney, became chief deputy district attorney and was a partner in the Salt Lake City law firm Strong & Hanni.

Former Utah Gov. Scott Matheson in 1977 appointed Judge Winder to a judgeship in the state district court. The Utah State Bar bestowed the accolade of "Judge of the Year" on him one year after the appointment.

Judge Winder's son, Salt Lake County Sheriff Jim Winder, recalls his father as a "wonderful" and "very generous" parent who was deeply involved in his family's regular activities and also created great memories through family travel.

"For many years, he took us on annual jaunts all around. There was one memorable experience in Africa in the 1970s," Sheriff Winder said. "In his younger years, he was quite an explorer himself. He had toured Europe, and he climbed the Matterhorn. That was one of his adventures. He was a man of many facets."

Sheriff Winder also noted that his father had many friends, especially in the legal and law enforcement communities, who stayed in contact and visited frequently, even after Judge Winder's health began to decline about three years ago.

"We have seen the best in people," Sheriff Winder said.

A public viewing will be held from 3 p.m. to 7 p.m. Tuesday, May 26, at the U.S. District Courthouse, 350 S. Main Street, in Salt Lake City.

The interment will be a private, family-only affair, but Sheriff Winder said plans are under way for a public memorial service to be held in the future.

Judge Winder was preceded in death by his wife, Pamela Martin Winder. Besides Sheriff Winder and his wife, Shawn, Judge Winder also is survived by his other children and their spouses, Ann and Larry Bugni, and Kay and James Mitchell.



Respected Utah federal judge David Winder dies
The Salt Lake Tribune
Updated: 05/19/2009 04:12:10 PM MDT

U.S. District Judge David Winder, once nicknamed "Decent Dave" for his courtesy to those appearing in his courtroom, died today at the age of 76 after a long illness.

Memorial services are still being planned.

Winder first became a judge in 1977, when then-Gov. Scott Matheson named him to the state's 3rd District Court. The next year, he was voted Judge of the Year by the Utah State Bar.

He was appointed to the federal bench in Utah in 1979 by President Jimmy Carter. At his investiture ceremony, he quoted Sir Thomas More in "A Man for all Seasons," describing the law as "causeway upon which, so long as he keeps it lit, a citizen may walk safely."

He added: "I hope that during the many years that I plan to spend on the bench, that I will not encumber that causeway, and will, in some small way, help to keep it safe for the passage of our citizens," according to a statement from Utah's federal court.

In 1983, according to the court's statement, The American Lawyer magazine named Winder the best district judge in the Tenth Circuit, praising his efficiency and attention to detail. The magazine described him as "the best of a new breed of younger, more professional judges."

Winder's zeal for preparation and punctuality was legendary, the courts' statement said, noting his common work hours of 6 a.m. to 6 p.m. on weekdays.

Winder was born in Salt Lake City in 1932. After graduation from Granite High School, he served in the U.S. Air Force from 1951 to 1952. He earned an English degree at the University of Utah in 1955 and graduated from Stanford Law School in 1958.

He worked as an assistant U. S. Attorney and at Salt Lake City law firm Strong & Hanni before he was named to the state bench.

He was preceded in death by his wife, Pamela Martin Winder, and is survived by his three children and their spouses: Ann and Larry Bugni, Kay and James Mitchell, and Salt Lake County Sheriff James Winder and his wife, Shawn.

About May 2009

This page contains all entries posted to Utah State Bar News & Announcements in May 2009. They are listed from oldest to newest.

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