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September 2009 Archives

September 3, 2009

Dialougue On Democrac To Feature Frank Keating

Educators, youth and community leaders gather to celebrate and strengthen the civic mission of schools

Salt Lake City, UT—The Utah Coalition for Civic, Character and Service Learning, in partnership with the Utah Commission on Civic and Character Education, the Salt Lake City Mayor’s Office, and the Hinckley Institute of Politics, is hosting the Sixth Annual Dialogue on Democracy dinner on Thursday, Sept. 10 at 6:30 p.m. at the Utah State Capitol rotunda. The featured keynote speaker is former Governor Frank Keating who won notoriety in 1995 for his handling of the bombing of the Alfred P. Murrah Federal Building in Oklahoma City. He is currently the president and CEO of the American Council of Life Insurers and has played a leading role in promoting public policies to boost Americans’ retirement security and long-term savings.

Continue reading "Dialougue On Democrac To Feature Frank Keating" »

September e.Bulletin

Steve Owens


MESSAGE FROM PRESIDENT STEPHEN W. OWENS
Bar Member Breakfast with the Bar President


The Board of Bar Commissioners and I would like to hear from you. We are planning a series of breakfast meetings each Friday morning at the Bar offices from 8 - 9 a.m. throughout the year where Bar members can walk in or phone in with questions or comments related to administration of finance and accounting, member resources, facilities, event support, and information technology functions of the Utah State Bar. We are looking for meaningful contributions to Bar management, direction, leadership and strategic planning that will help us better serve the Bar's mission to advance the principles of justice, the practice of law, the image of the profession, and public understanding of the law. Please stop in and chat with me and grab some coffee, juice and a light continental breakfast on your way to the office. Or, you may phone in your questions if you prefer by dialing 801-531-9077. Breakfasts are planned for:

  • September 18, 2009

  • September 25, 2009

  • October 02, 2009

  • October 09, 2009

  • October 23, 2009

  • October 30, 2009


September 2009 E-News


  • Judicial Performance Evaluation Commission's to pretest its surveys of litigants and witnesses

  • National Pro Bono Celebration

  • Banter with The Bench

  • Court Electronic Filing

  • Utah Sentencing Commission Representative

  • American Bar Association Representative

  • 2009 Fall Forum Awards

  • Bar Election Information Available on Web



  1. The sharp-eyed litigators among you may notice a bit of additional activity in courtrooms around the state in the upcoming few weeks. The Judicial Performance Evaluation Commission is beginning to pretest its surveys of litigants and witnesses. To help the Commission figure out the logistics of this surprisingly complicated task, several district, juvenile, and justice court judges have volunteered to participate in the pretests, working as a team with the Commission to develop the least intrusive means for surveying litigants and witnesses. Following a critical analysis of pretest results, the commission will establish final survey protocols. Towards the end of September, midterm evaluation of the 31 judges standing for retention election in 2012 will finally begin. These evaluations will run until the end of the year. Attorneys can help the process function smoothly by telling their clients and witnesses to expect a survey in the course of their litigation. Further questions? Contact Joanne Slotnik, JPEC Executive Director, at jslotnik@utah.gov .


  2. National Pro Bono Celebration
     
    As one of many events in Utah celebrating National Pro Bono Week, members of the Utah State Bar will serve lunch at the St. Vincent dePaul Resource Center in Salt Lake City on Tuesday, October 27, 2009. Following the meal, lawyers will offer a free legal clinic, answering questions regarding a variety of legal topics. If you are interested in participating in the event at St. Vincent dePaul Resource Center, please contact Christy Abad at christy.abad@utahbar.org or register online at http://www.utahbar.org/cle/events/pro_bono_week.html


  3. Court Electronic Filing - The U.S. District Court has required for some time that the filer redact sensitive information from public pleadings and other papers. Since April 1, the state courts have required the filer to omit or redact private information from a public record and to certify that they have done so. Rule 4-202.09(9). As long as papers sat quietly in an obscure filing cabinet, the presence of sensitive information in a public record was a dormant issue. Although public, few people bothered to make the trip to the courthouse to view the record. With electronic filing, the internet will be the courts' filing cabinet, and public records will be available to the public in a very real sense. Respect your clients' privacy and the privacy of the other parties; leave private information out of public records. The courts have developed 4 forms that can be used to provide required non-public information to the court. The forms are available on the court's website at: http://www.utcourts.gov/howto/filing/non-public/


  4. Utah Sentencing Commission Representative - The Utah Sentencing Commission is a legislatively created body charged with establishing sentencing guidelines and developing policy recommendations regarding the sentencing and release of adult and juvenile offenders. The Sentencing Commission is comprised of 27 members representing all facets of the justice system, including judges, prosecutors, defense attorneys, legislators, victims, law enforcement, treatment specialists, ethnic minorities, corrections officials, parole authorities, and others. The Board of Bar Commissioners is seeking applicants to serve a four-year term on the Utah Sentencing Commission. Please send your letter of application and resume no later than Monday, October 5, 2009 to Christy Abad at christy.abad@utahbar.org or 645 South 200 East, Salt Lake City, Utah 84111.

  5. 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.

  6. 2009 Fall Forum 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

  7. Bar Election Information Available on the Web - Nominating petitions for Commission elections in the Second and Third Divisions for the 2010-2011 year may be obtained on the Bar's website at http://webster.utahbar.org/news/2008/12/petition_to_run_for_bar_commis.html. Completed petitions must be received no later than February 1, 2010.

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

September 4, 2009

DA Making Defense Attorenys Pay For Paperwork

By Stephen Hunt
The Salt Lake Tribune


Salt Lake County District Attorney Lohra Miller says the budget crunch has her office charging defendants in criminal cases for materials they had been getting for free.

Starting this month, defense attorneys are paying for copies of police reports, photographs, videotapes and witness interviews.

Miller argues the administrative cost of processing such materials should be borne by defendants rather than taxpayers. But defense attorneys on Wednesday said they worry the multitiered fee schedule Miller has devised will mean delays in getting information needed to build their cases.

Added defense attorney Clayton Simms: "There is something fundamentally unfair about having to pay to see the evidence against you."

Continue reading "DA Making Defense Attorenys Pay For Paperwork" »

September 9, 2009

Distinguished Alumni Speaker series features Attorney Nate Alder

Cache Valley Daily
http://www.cachevalleydaily.com/news/local/57810482.html

By Cache Valley Daily

Story Created: Sep 8, 2009 at 4:08 PM MDT

The USU College of Humanities, Arts and Social Sciences kicks off this year's Distinguished Alumni Speaker Series on Friday with Attorney Nathan "Nate" Alder as the guest speaker.

The presentation starts at at 11:30 a.m. in the Haight Alumni Center. HASS Dean Yolanda Flores Niemann, who established the series, says the event is to bring distinguished graduates back to campus to reflect on their education at USU and how it impacted their careers.

Alder is a seasoned litigator and leader in resolving complex legal disputes. A member of the Christensen and Jensen law firm, he represents individuals and corporations in preparing claims and defenses for mediation, arbitration and trial.

Alder served as president of the Utah State Bar in 2008-09. At USU Alder served as Academic Vice President and was in the Honors Program.

September 18, 2009

July 2009 Bar Exam Results Posted

The Utah State Bar Office of Admissions has posted the results of the 2009 July Bar exam. Exam results may be found online at http://www.utahbar.org/admissions/july_2009_examresults.html.

September 23, 2009

Notice of Approved Amendments to Utah Court Rules

The Supreme Court and Judicial Council have approved amendments to the following Utah court rules. Some of the amendments were first announced in the Spring. Others were more recently approved.

Summary of amendments

Rules of Evidence
URE 0701. Opinion testimony by lay witnesses. Amend. Adds to the required grounds for opinion testimony by a lay witness that the opinion is not based on specialized knowledge within the scope of Rule 702.

URE 0703. Bases of opinion testimony by experts. Amend. Prohibits inadmissible data used to form an expert opinion from being disclosed to the jury unless the probative value substantially outweighs the prejudicial effect.

Rules Governing the Utah State Bar

USB 14-0203. License categories. Amend. Specify that to qualify for the "active, under 3 years" category means to have practiced less than 3 years in any jurisdiction.

USB 14-0507. Roster of lawyers and current record information. Amend.
Require the Bar to collect, maintain and have ready access to a lawyer's e-mail address. Lawyer could still designate the e-mail address as private.

USB 14-0103. Organization and management of the Bar. Amend. Establish on-line election of president-elect and commissioners.

USB 14-0205. Board. Amend. Establish on-line election of president-elect and commissioners.

USB 14-0206. Officers. Amend. Establish on-line election of president-elect and commissioners.

USB 14-0510. Prosecution and appeals. Amend. The proposed amendments provide a right of appeal from an informal disciplinary proceeding, specify the rights of the complainant and respondent at the screening panel proceeding, and detail the exceptions and appeal procedures.

Rules of Civil Procedure

URCP 007. Pleadings allowed; motions, memoranda, hearings, orders, objection to commissioner’s order. Amend. Move process for objecting to a commissioner's recommendation from Rule 7 to Rule 101.

URCP 076. Notice of contact information change. New. Requires attorneys and parties to inform the court of changes to contact information.

URCP 101. Motion practice before court commissioners. Amend. Move process for objecting to a commissioner's recommendation from Rule 7 to Rule 101.

Rules of Appellate Procedure

URAP 19. Extraordinary writs. Amend. The amendment will require a petitioner seeking extraordinary relief to state whether interlocutory appeal was sought, and if so, the results of the petition.

URAP 25. Brief of an amicus curiae or guardian ad litem. Amend. The proposal establishes specific deadlines for filing a brief of an amicus curiae.

URAP 37. Suggestion of mootness; voluntary dismissal. Amend. The amendments clarify that a suggestion of mootness should be filed only when one or more, but less than all, of the issues have become moot. If all the issues are moot, a motion for voluntary dismissal must be filed.
The amendments also establish a pr

URAP 38. Substitution of counsel. Amend. The amendments clarify the process for substituting a party when a party becomes incompetent or for other causes.

URAP 49. Petition for writ of certiorari. Amend. A petition of writ of certiorari shall include references to the record on appeal or to the opinion of the Court Appeals, rather than referring to both sources.

URAP 50. Brief in opposition; reply brief; brief of an amicus curiae.
Amend. The proposal establishes a more detailed process for submitting a proposed amicus brief, including the contents of the brief and deadlines.

Code of Judicial Administration

CJA 02-0104. Recording meetings. Amend. Modify provisions about Judicial Council audio record and minutes to conform to amendments to the Open and Public Meetings Act.

CJA 03-0102. Assumption of judicial office. Amend. Make applicable to judges of courts of record and not of record.

CJA 03-0306. Court interpreters. Repeal and Reenact. Clarifies the standards for appointing a certified, approved or conditionally approved interpreter. Improves the initial training requirements. Adds Guardianship and Conservatorship appointments to cases requiring a certified interpreter. Identifies the d CJA 04-0202.02 Record classification. Amend Classifies business address, phone and email of a non-party as a public record. Residential and personal information of a non-party would remain private.

CJA 04-0409. Council approval of Problem Solving Courts. Amend. Delete reference to repealed section of the Utah Code.

CJA 04-0701. Failure to appear. Amend. Conforming to HB 292, eliminates the requirement for a ciminal information before issuing a warrant for failure to appear in an infraction.

CJA 04-0906. Guardian ad litem program. Amend. Provides that the Guardian ad Litem Oversight Committee appoints the director.

How to view redline text of the approved amendments

To see the text and effective date of the amendments, click on this link to: http://www.utcourts.gov/resources/rules/approved/ and then click on the rule number. All amendments are effective November 1, 2009, unless otherwise indicated. Updated versions of the rules will be posted to the main rules web page (http://www.utcourts.gov/resources/rules/) on or about the effective date of the amendments.

September 25, 2009

ABA - Message from Utah State Delegate

Dear ABA Utah Bar Members,

Greetings!

I am your new State Delegate to the ABA House of Delegates and will be attending my first meeting in that capacity in February of 2010. Paul Moxley, the previous State Delegate, participated in his last meeting in Chicago this past July. Paul has dedicated many years and a great deal of energy to the ABA and the Utah State Bar. We are fortunate that he has been willing to serve. Thank you, Paul, for your great representation of Utah.

The following are some items that may be of interest to you:

The Utah State Bar Commission will be appointing at least one (and probably two) new Utah State Bar delegates to the ABA House of Delegates. The Bar Commission is accepting letters of interest currently and will be making the appointments in the October Bar Commission meeting. I encourage you to submit your letter of interest if you think you would enjoy serving in the ABA House of Delegates.

Karthik Nadesan recently was appointed to the position of Utah state membership chair for the ABA. Congratulations to Karthik. I am certain he would like to hear from you about methods for increasing ABA membership in Utah.

Attached is a summary of the events and actions at the House of Delegates meeting in Chicago this summer.(Click here to view the PDF>>) A description of the resolutions of the House of Delegates begins on page 17 and includes issues affecting immigration, intellectual property, lawyer assistance, indigent defendants, international law, tort practice, human rights, and other areas. I encourage you to review the report for information that may impact your practice area or your interests generally.

Please let me know if there is any particular information you would like me to provide to you in the future from the House of Delegates. I want to be a resource for you and keep you informed of ABA activities.

Please feel free to send me an email or call me with your suggestions or questions.

Thank you for your participation in the ABA.

Charlotte L. Miller
Cmiller@kmclaw.com
801 323 5941

Fourth District Court Judicial Nominating Commission Selection Meeting Planned

Salt Lake City, UT---The 4th District Judicial Nominating Commission has scheduled a meeting for Oct. 5, 2009, at 9 a.m. to nominate a candidate to fill a vacancy that resulted when Judge Gary Stott retired July 1, 2009. The commission will meet at the Provo Courthouse, 125 North 100 West.

The early portion of the meeting is scheduled for public comment about issues facing the Utah judiciary and refinements or improvements to the system. Public comments are being accepted from 9:15 a.m. through 10:15 a.m.

Following the public hearing, the meeting is closed to allow commission members to select a minimum of five candidates whose names will be forwarded to the Governor’s office to consider for appointment. The nominating commission does not take testimony on individual applicants.

Individuals interested in appearing before the commission should contact the Administrative Office of the Courts at (801) 578-3800 to request an appointment.

Third District Court Judicial Nominating Commission Selection Meeting Planned

Salt Lake City, UT---The 3rd District Judicial Nominating Commission has scheduled a meeting for Oct. 1, 2009, at 9 a.m. to nominate a candidate to fill a vacancy that resulted when Judge Sheila McCleve retired July 1, 2009. The commission will meet at the Scott M. Matheson Courthouse, 450 South State, in the Judicial Council room.

The early portion of the meeting is scheduled for public comment about issues facing the Utah judiciary and refinements or improvements to the system. Public comments are being accepted from 9:15 a.m. through 10:15 a.m.

Following the public hearing, the meeting is closed to allow commission members to select a minimum of seven candidates whose names will be forwarded to the Governor’s office to consider for appointment. The nominating commission does not take testimony on individual applicants.

Individuals interested in appearing before the commission should contact the Administrative Office of the Courts at (801) 578-3800 to request an appointment.

Juvenile Court Reports To The Community

Salt Lake City, Utah—The work of Utah’s juvenile courts is furthering community safety by helping juvenile offenders stop criminal behavior. At the same time, the court’s work is providing justice to victims. According to the recently released Juvenile Court Report Card to the Community, Utah’s juvenile courts are making a substantial contribution to further community safety.

Utah’s juvenile courts have established six benchmarks—delinquency referrals, juvenile crime, restitution paid, law abiding behavior, drug testing, community service—from which to measure progress in furthering safety, restoring justice for victims, and reducing the risk of youth re-offending. Following is a re-cap of progress from 2008 on these benchmarks:

Continue reading "Juvenile Court Reports To The Community" »

Utah Lawyer Picked For Law Committee

Deseret News, September 24, 2009 -- Utah lawyer Paul Moxley has been appointed to serve on the American Bar Association's Standing Committee on the Federal Judiciary. The 15-member committee examines the qualifications of individuals nominated to the federal bench.

Moxley, who handles criminal law, white collar criminal defense and commercial litigation, was named Attorney of the Year by the Utah State Bar. He also formerly headed the state bar.

He is a partner in the Salt Lake City law firm of Parson Kinghorn Harris.

Copyright C 2009 Deseret News Publishing Co.
Provided by ProQuest Information and Learning Company. All rights Reserved.

Chief Justice Presents Judicial Awards

Salt Lake City, UT---The Utah Judicial Council has honored six individuals and one court team for outstanding contributions to the Judicial Branch. Chief Justice Christine M. Durham presented the awards on Sept. 17 during the Annual Awards Luncheon at The Homestead in Midway, Utah.

The awards and recipients are as follows: Amicus Curiae Award—Roger O. Tew, Esq., Utah League of Cities and Towns; Service to the Courts Award—Doug Call, Division of Child and Family Services; Judicial Administration Award—Nancy Volmer, Administrative Office of the Courts; Meritorious Service Award—Barbara Procarione, 7th District Court; Virginia Baker, 8th District Juvenile Court; Hollie Curtis, 6th District Court; Records Quality Award—Lisa Collins, Utah Court of Appeals, Nicole Gray, Utah Court of Appeals, and Penny Rainaldi, Administrative Office of the Courts.

The Utah Judicial Council directs the activities of all the Utah State Courts. The Judicial Council is responsible for adopting uniform rules for the administration of all courts in the state, setting standards for judicial performance, court facilities, support services, and judicial and nonjudicial personnel.

September 29, 2009

Notice of Approved Amendments to Utah Court Rules

The Supreme Court and Judicial Council have approved amendments to the following Utah court rules.

Summary of amendments

Rules of Evidence
URE 0701. Opinion testimony by lay witnesses. Amend. Adds to the required grounds for opinion testimony by a lay witness that the opinion is not based on specialized knowledge within the scope of Rule 702.

URE 0703. Bases of opinion testimony by experts. Amend. Prohibits inadmissible data used to form an expert opinion from being disclosed to the jury unless the probative value substantially outweighs the prejudicial effect.

Rules Governing the Utah State Bar
USB 14-0203. License categories. Amend. Specify that to qualify for the "active, under 3 years" category means to have practiced less than 3 years in any jurisdiction.

USB 14-0507. Roster of lawyers and current record information. Amend.
Require the Bar to collect, maintain and have ready access to a lawyer's e-mail address. Lawyer could still designate the e-mail address as private.

USB 14-0103. Organization and management of the Bar. Amend. Establish on-line election of president-elect and commissioners.

USB 14-0205. Board. Amend. Establish on-line election of president-elect and commissioners.

USB 14-0206. Officers. Amend. Establish on-line election of president-elect and commissioners.

USB 14-0510. Prosecution and appeals. Amend. The proposed amendments provide a right of appeal from an informal disciplinary proceeding, specify the rights of the complainant and respondent at the screening panel proceeding, and detail the exceptions and appeal procedures.

Rules of Civil Procedure
URCP 007. Pleadings allowed; motions, memoranda, hearings, orders, objection to commissioner’s order. Amend. Move process for objecting to a commissioner's recommendation from Rule 7 to Rule 101.

URCP 076. Notice of contact information change. New. Requires attorneys and parties to inform the court of changes to contact information.

URCP 101. Motion practice before court commissioners. Amend. Move process for objecting to a commissioner's recommendation from Rule 7 to Rule 101.

Rules of Appellate Procedure
URAP 19. Extraordinary writs. Amend. The amendment will require a petitioner seeking extraordinary relief to state whether interlocutory appeal was sought, and if so, the results of the petition.

URAP 25. Brief of an amicus curiae or guardian ad litem. Amend. The proposal establishes specific deadlines for filing a brief of an amicus curiae.

URAP 37. Suggestion of mootness; voluntary dismissal. Amend. The amendments clarify that a suggestion of mootness should be filed only when one or more, but less than all, of the issues have become moot. If all the issues are moot, a motion for voluntary dismissal must be filed. The amendments also establish a process for filing a request for dismissal. The request must be in the form of a motion and is subject to court approval.

URAP 38. Substitution of counsel. Amend. The amendments clarify the process for substituting a party when a party becomes incompetent or for other causes.

URAP 49. Petition for writ of certiorari. Amend. A petition of writ of certiorari shall include references to the record on appeal or to the opinion of the Court Appeals, rather than referring to both sources.

URAP 50. Brief in opposition; reply brief; brief of an amicus curiae.
Amend. The proposal establishes a more detailed process for submitting a proposed amicus brief, including the contents of the brief and deadlines.

Code of Judicial Administration
CJA 02-0104. Recording meetings. Amend. Modify provisions about Judicial Council audio record and minutes to conform to amendments to the Open and Public Meetings Act.

CJA 03-0102. Assumption of judicial office. Amend. Make applicable to judges of courts of record and not of record.

CJA 03-0306. Court interpreters. Repeal and Reenact. Clarifies the standards for appointing a certified, approved or conditionally approved interpreter. Improves the initial training requirements. Adds Guardianship and Conservatorship appointments to cases requiring a certified interpreter. Identifies the discipline process. Simplifies translation of forms. Permits hiring an interpreter as an employee.

CJA 04-0202.02 Record classification. Amend Classifies business address, phone and email of a non-party as a public record. Residential and personal information of a non-party would remain private.

CJA 04-0409. Council approval of Problem Solving Courts. Amend. Delete reference to repealed section of the Utah Code.

CJA 04-0701. Failure to appear. Amend. Conforming to HB 292, eliminates the requirement for a criminal information before issuing a warrant for failure to appear in an infraction.

CJA 04-0906. Guardian ad litem program. Amend. Provides that the Guardian ad Litem Oversight Committee appoints the director.

How to view redline text of the approved amendments

To see the text and effective date of the amendments, click on this link to: http://www.utcourts.gov/resources/rules/approved/ and then click on the rule number. All amendments are effective November 1, 2009, unless otherwise indicated. Updated versions of the rules will be posted to the main rules web page (http://www.utcourts.gov/resources/rules/) on or about the effective date of the amendments.

About September 2009

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

August 2009 is the previous archive.

October 2009 is the next archive.

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

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