Utah State Bar News & Announcements

The Supreme Court and the Judicial Council invite comments to proposed amendments to the following court rules. The comment period expires September 21, 2011.

Summary of proposed amendments

Rules Governing the Utah State Bar
Petition to amend law student assistance rule.
USB 14-0801. Definitions. Amend. Technical amendment.
USB 14-0807. Law student assistance. Amend. Permits certain law school graduates to practice law before admission to the bar under certain circumstances.

The Supreme Court and Judicial Council have approved amendments to the following Utah court rules. The amendments are effective November 1, 2011, unless otherwise noted.

Summary of amendments

Rules of Civil Procedure
URCP 064D. Writ of garnishment. Amend. Requires the creditor to certify to the court a good faith effort to meet and confer with the garnishee before attempting to impose liability on the garnishee.

Rules of Criminal Procedure
URCrP 015A. Scientific, Lab, and Analytical Reports - When prosecution required to produce foundation and chain of custody witnesses. Repeal.
The rule was enacted in 2010 to create a streamlined process to address the confrontation issues established by Melendez-Diaz. The rule has had the opposite effect, creating additional and unnecessary work for both prosecutors and defense attorneys.

NOMINEES ANNOUNCED FOR SALT LAKE CITY JUSTICE COURT VACANCY

Salt Lake City, UT—The Salt Lake County Nominating Commission has selected five nominees for a vacancy in the Salt Lake City Justice Court. The position will replace Judge Holly M. Barringham who resigned effective July 29, 2011.

The Utah State Bar is currently accepting applications to fill potential vacancies on the Character and Fitness Committee. The Character and Fitness Committee reviews applications for membership in the Bar, oversees investigations, conducts interviews and hearings and determines whether to approve or deny applications for admission to the Utah State Bar.

Attorneys interested in contributing to this vital Bar responsibility should submit a resume and a letter addressing qualifications preferably by September 16, 2011 to:

Character and Fitness Committee
Joni Dickson Seko, Admissions
645 South 200 East,
Salt Lake City, UT 84111

Or via email to : joni.seko@utahbar.org

MESSAGE FROM PRESIDENT ROD SNOW

We are beginning a new Bar year and I want you to know how honored I am to serve as your President. I have served on the Bar Commission for over five years and I am eager to work with you as we continue to provide service and leadership to our members and the community
I have great respect and admiration for Bar leaders who have served in the past and their many accomplishments. I express my appreciation for the leadership and dedication shown by our past President Rob Jeffs and I look forward to working with President-elect Lori Nelson. Lori was honored last week at the ABA convention by their Family Law Section with the Outstanding Service Award and was elected as the secretary to that section. We have an exemplary Young Lawyers Division that has established valuable services like Wills for Heroes, Serving Our Seniors, legal clinics for the public, and fundraisers for abused women and children. Our Women Lawyers of Utah has been on the cutting edge of encouraging diversity in the bar and in providing service to the community. I am proud of our New Lawyer Training Program. Utah is one of the first states to implement a one-on- one mentoring program for first year attorneys.

Going forward, I am committed to Bar service for you and the community. I look ahead with an energized effort to implement a program to deliver legal services to those of modest means, to study lawyer advertising and how the public finds legal help. We will encourage civic education in public schools and establish a commission to better coordinate the pro bono efforts provided in our state. I ask Bar members to become more involved in these and other Bar activities and efforts. By engaging we will approach the ideal of a professional as defined by Dean Roscoe Pound: “[one] pursuing a learned art as a common calling in the spirit of public service—no less a public service because it may incidentally be a means of a livelihood. Pursuit of the learned art in the spirit of public service is the primary purpose.”

We will all benefit from your energy and service.

NOMINEES ANNOUNCED FOR WOODS CROSS JUSTICE COURT VACANCY

Woods Cross, UT—The Davis County Nominating Commission has selected three nominees for an upcoming vacancy in the Woods Cross Justice Court. The position will replace Judge Robert G. Peters who resigned effective July 20, 2011.

Following are the nominees for vacancy followed by place of employment and residence:

Catherine J. Hoskins, J.D., Hoskins Legal Solutions PLLC, Layton
Judge David L. Miller, J.D., Centerville City, North Salt Lake City, and David L. Miller PC, Farmington
Judge Reuben J. Renstrom, J.D., South Ogden City, South Weber City, City of Harrisville, Riverdale City, and Helgesen, Waterfall & Jones, Kaysville

A comment period will be held through Sept. 5, 2011, before a final candidate is selected by the Woods Cross Mayor Kent Parry, who has 30 days to make an appointment, which is subject to ratification by the Woods Cross City Council. The Utah Judicial Council must then certify the appointments. To submit written comments about the candidates, contact Shari Veverka, Administrative Office of the Courts, shariv@email.utcourts.gov.

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NOMINEE NAMED TO FILL HOLLADAY CITY JUSTICE COURT VACANCY

Holladay, UT—Holladay City Manager Randy Fitts has announced the appointed of Augustus G. Chin to fill a vacancy on the Holladay City Justice Court. The position replaces Judge Daniel B. Gibbons who resigned July 5, 2011.

Chin received a law degree from the University of Utah College of Law in 1995. He completed a Bachelor of Arts degree at the University of Utah in 1989. In addition, Chin earned a diploma in Material Maintenance from the Army Logistics Management College in Texarkana, Texas in June 1990.

The Supreme Court has approved amendments to the following Utah court rules. PLEASE NOTE THAT THERE ARE EXTENSIVE CHANGES TO THE CIVIL DISCLOSURE AND DISCOVERY RULES. The amendments are effective for all cases filed on or after November 1, 2011.

Summary of amendments

URCP 001. General provisions.
URCP 008. General rules of pleadings.
URCP 009. Pleading special matters.
URCP 016. Pretrial conferences.
URCP 026. General provisions governing disclosure and discovery.
URCP 026.01. Disclosure in domestic relations actions.
URCP 029. Stipulations regarding disclosure and discovery procedure.
URCP 030. Depositions upon oral questions.
URCP 031. Depositions upon written questions.
URCP 033. Interrogatories to parties.
URCP 034. Production of documents and things and entry upon land for inspection and other purposes.
URCP 035. Physical and mental examination of persons.
URCP 036. Request for admission.
URCP 037. Discovery and disclosure motions; Sanctions.
URCP 054. Judgments; costs.

How to view redline text of the approved amendments

To see the text of the amendments, click on this link to: http://www.utcourts.gov/resources/rules/approved/ and then click on the rule number. 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.