Utah State Bar News & Announcements

New lawyers now pair with veterans to 'learn the ropes'
New Utah Bar chief to focus on mentor program, pro bono services
By Stephen Hunt

The Salt Lake Tribune
http://www.sltrib.com/news/ci_12979418

The 350 prospective Utah lawyers who took the state bar exam Wednesday are supposedly qualified to hang out a shingle and practice in a court of law.

But many are recent law school graduates who have never written a legal motion, don't know where court is and might be startled when their keychain sets off the metal detectors at the courthouse door.

A new, mandatory Utah Supreme Court program promises to fill in gaps in the art of lawyering not covered in the classroom by pairing freshly minted attorneys with veteran mentors. Recently elected Bar President Stephen Owens, charged with implementing the New Lawyer Training Program, says it may be essential in a state like Utah.

"It's a very young bar," said Owens, who at 41 is older than half of the state's 7,500 active lawyers.

Capitol Discovery Day
Celebrates the Utah State Capitol
On Saturday, August 29, 2009
Noon – 10 pm

Something for the whole family! The Utah State Capitol is at it again for their 5th annual Capitol Discovery Day. This free event, open to the public, will take place on August 29, 2009 from Noon until 10 p.m.

Thanks for allowing me to serve as your president. As the Bar Commission lays out its priorities for the coming year--including sound financial management, protecting our fair and impartial courts, and implementing our mentoring program--we are mindful of the many challenges each of us face in the practice of law. Law can be a stressful profession, especially in a down economy. The Utah State Bar wants to help provide the tools to confront the unique set of challenges lawyers face.

Lawyers on active status and judges encountering family problems, stress, depression, anxiety, personal cash management difficulties, elder care challenges, assessment of drug/alcohol dependence, and any other issues impairing work or personal lives may receive immediate access to free, confidential, statewide professional counseling from Blomquist Hale Consulting or experienced peer counseling from Utah Lawyers Helping Lawyers.

Blomquist Hale counseling services are free of charge and extend to eligible dependents. There are no co-pays, deductibles, or limits on the number of sessions. Services are entirely confidential and available 24/7. Please call: 1-800-926-9619

Utah Lawyers Helping Lawyers renders confidential peer-to-peer assistance to any member of the Utah State Bar whose professional performance is or may be impaired because of mental illness, emotional distress, substance abuse or any other disabling condition or circumstance. Please call: 1-800-530-3743

For more helpful information, log on to www.utahbar.org or directly to Blomquist Hale at www.blomquisthale.com or to Utah Lawyers Helping Lawyers at www.lawyershelpinglawyers.org.

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August 2009 E-News

• ABA House of Delegates Representitive Sought
  
• 2009 Fall Forum Award Nominations Sought
  
• Banter with The Bench
  
• Congratulations to the 2009 Annual Award Recipients

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1. 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 run through the August 2011 ABA Annual Meeting. Please send your letter of application and resume no later than Monday, October 5, 2009 to John C. Baldwin, Executive Director, Utah State Bar, at jbaldwin@utahbar.org or 645 South, 200 East, Salt Lake City, Utah 84111. The ABA House of Delegates meets two times a year during the ABA conventions. There will be some preparation work to review issues and communicate with the Bar Commission. The Bar's delegate to the ABA is also an Ex-officio Member of the Utah State Bar Commission.
   
   
   
2. 2009 Fall Forumn Awards
    
   The Board of Bar Commissioners is seeking nominations for the 2009 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 21, 2009. The award categories include Distinguished Community Member Award, Professionalism Award, Pro Bono Lawyer of the Year. View a list of past award recipients at: http://www.utahbar.org/members/awards_recipients.html
   
   
   
   
3. Banter with The Bench - Please join the Women Lawyers of Utah for the 2009 Banter with the Bench on Friday, August 28, 2009 from 12-1:30 p.m. on the first floor of the Matheson Courthouse at 450 S. State Street. Join women commissioners, judges and justices from Utah's federal, state, administrative, justice, trial and appellate courts for a lively discussion on issues related to women and the law. Lunch from Carlucci's Bakery will be provided and 1.0 hour of CLE credit is approved. Cost: $20 for WLU members, $10 for law students and recent graduates (pre-Bar admission) and $30 for non-members. RSVP and prepayment is strongly suggested. Only checks - no cash - will be accepted for day of registration. WLU membership is $40. This annual event is one of WLU's most popular so please RSVP early and send in your payment to reserve a spot. RSVP to Laura Lindsay at - llindsay@parrbrown.com and mail your check made out to WLU to her at Parr Brown Gee & Loveless 185 South State Street, Suite 800 Salt Lake City, Utah 84111
   
   
   
4. Annual Award Recipients - The Bar wishes to congratulate Judge Judith S. Atherton who was selected as Judge of the Year and Paul T. Moxley who was chosen as Lawyer of the Year. Each of these award recipients has a long history of professionalism, public service and personal dedication to the building up of the legal profession. Also given awards at the 2009 Summer Convention were the New Lawyer Training Program Committee and the Appellate Practice Section as Committee and Section of the year, respectively.
   

"I have a question or comment for the Bar President"  -  President@utahbar.org

Salt Lake City, UT---The Court of Appeals Nominating Commission has selected six nominees for a vacancy on the Court of Appeals bench. The position will replace Judge Judith Billings who retired Dec. 31, 2008.

The nominees are listed as follows: Diana Hagen, appellate chief, U.S. Attorney’s Office, South Weber; Judge David N. Mortensen, 4th District Court Judge, Springville; Judge Anthony B. Quinn, 3rd District Court Judge, Salt Lake City; Judge Stephen L. Roth, 3rd District Court Judge, Salt Lake City; Jeannette F. Swent, chief, Civil Division, U.S. Attorney’s Office, Salt Lake City; J. Frederic Voros, Jr., chief, Criminal Appeals Division, Utah Attorney General’s Office, Salt Lake City.

A 10-day public comment period will be held before the names are submitted to Gov. Gary Herbert. Court of Appeals Nominating Commission Chair Gayle McKeachnie is accepting written comments regarding the nominees at the Administrative Office of the Courts, P.O. Box 140241, Salt Lake City, UT, 84114-0241. The deadline for written comments is August 21 by 5 p.m.

The commission may request further interviews or an investigation of the nominees after reviewing public comments. After the public comment period, the names will be sent to the Governor who has 30 days to select a candidate. The Governor’s nominee is then forwarded to the Senate Confirmation Committee, which reviews the nominee’s qualifications and conducts a public hearing and interview session. The Senate Confirmation Committee will forward the final nominee to the Utah State Senate, which has 60 days from the Governor’s nomination to confirm the nominee.

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http://www.utcourts.gov/media/news/

Williamsburg, Va. (Aug. 12, 2009) - Utah Chief Justice Christine M. Durham recently was elected chair of the Board of Directors of the National Center for State Courts (NCSC). At the same time, Chief Justice Durham also was named president of the Conference of Chief Justices (CCJ), a national organization that represents the top judges of the 50 states and U.S. territories, and of which the NCSC serves as executive staff. Both positions are one-year terms. The appointments were made during the NCSC’s Board meeting and CCJ’s annual conference in Santa Fe, New Mexico.

“Since her appointment to Utah’s highest bench in 1982, Chief Justice Durham has been an effective ambassador for the judiciary,” said Mary C. McQueen, NCSC president. “She has championed the cause of judicial education and worked to improve the administration of justice for nearly 30 years. She will bring that knowledge and passion to her leadership roles with NCSC and CCJ.”

Important Notice Regarding Salt Lake County District Attorney Office’s
Dissemination of Discovery in Criminal Cases

Pursuant to a resolution adopted by the Salt Lake County Council, the Salt Lake County District Attorney’s Office shall charge and collect fees before releasing any discovery documents or materials. The following fee schedule applies to discovery materials in criminal cases and will take effect beginning September 1st, 2009:

1. Initial Discovery Packet of documents:
Digital format - $20.00
Paper copies, black and white (8.5 x 11), up to 100 pages - $25.00
(color copies (8.5 x 11) - $1.00 per page)

2. Supplemental Discovery:
Digital format - $10.00
Paper copies, black and white (8.5 x 11) - $10.00 + $0.25 per page
(color copies (8.5 x 11) - $10.00 + $1.00 per page)

3. Photographs:
Digital format - $5.00
Hard copy - $1.00 per print (minimum)

4. Audio/video:
Video tape - $20.00 each
Audio cassette - $10.00 each
Digital format - $5.00 each

5. Mailing:
$2.00 per mailing or actual cost, whichever is great

6. Fax transmission:
$2.00 for the first page, plus $1.00 for each additional page

7. Courier delivery:
Actual shipping charges

8. Production to formats not normally maintained by the District Attorney’s Office:
Actual cost of conversion, including time for staff or technical personnel to make the conversion at their hourly rate plus benefits. An estimate shall be provided by the District Attorney’s Office and prepayment may be required before the conversion is commenced.

9. Research time:
The District Attorney’s Office may charge for the costs of staff time for compiling, formatting, manipulating, packaging, summarizing, or redacting data, including redacting private, protected, or controlled information. Charges will be at the hourly rate plus benefits of the staff performing these services. An estimate of such services shall be provided by the District Attorney’s Office and prepayment may be required before such compilation is commenced.

10. Debt collection:
In addition to the amount due under County Ordinance 3.42.050, the District Attorney’s Office shall assess a $25.00 administrative fee upon the receipt and opening of a debt collection account.

Provision relating to refunds:
Any prepaid amount in excess of the fees for costs actually due shall be refunded to the requestor.

Provision relating to county-contracted legal defenders:
These fees will not be assessed to or collected from defendants represented by county-contracted legal defenders, with the exception of requests for materials that have already been provided. Duplicate or replacement materials will be charged at the standard rates listed above.

Provision relating to waiver of fees:
Notwithstanding the above provisions, the District Attorney’s Office may, in the interests of justice or the public interest, waive all or part of any fees or charging in filling a request to produce any record or document.

Salt Lake City, Utah—Applications are now being accepted for a vacancy on the Utah Court of Appeals bench. The position will replace Judge Pamela Greenwood who will retire effective Dec. 31, 2009.

To be considered for the position, candidates must be at least 30 years of age, a citizen of the United States, a resident of Utah for at least five years, and admitted to practice law in Utah.

Information on benefits, judicial retention, and performance evaluation is posted on the Utah State Courts’ Web site at www.utcourts.gov under employment opportunities. Application packets are available by contacting Margo Bird at (801) 578-3800 or through e-mail at margob@email.utcourts.gov.

Applications should be returned to the attention of Margo Bird, Administrative Office of the Courts, P.O. Box 140241, Salt Lake City, UT 84114-0241, or faxed to (801) 238-7814. Applications must be received by Sept. 25, 2009 at 5:00 p.m.

Utah law requires the Judicial Nominating Commission to submit seven nominees to the Governor within 45 days of its first meeting. The Governor has 30 days in which to make a selection. The Utah State Senate has 60 days in which to approve or reject the Governor’s selection.