Utah State Bar News & Announcements

UTAH COURT OF APPEALS TO HEAR ORAL ARGUMENTS AT
EMERY COUNTY COURTHOUSE

WHAT: The Utah Court of Appeals periodically holds court sessions in other locations to enhance the public’s understanding of the court’s work and to provide the public with an opportunity to see the Court of Appeals in session.

Cases to be heard are as follows:

10:00 a.m.-CW Ranch v. Nielsen

10:30 a.m.-Wilberg v. Hyatt

The judges will remain after oral arguments for questions and answers.

WHEN: Friday, October 14 at 10:00 a.m. to approx. 11:00 a.m.

WHERE: Emery County Courthouse, 1850 North 560 West, Castle Dale, Utah

WHO: Utah Court of Appeals Judges: Honorable Gregory K. Orme, Honorable Stephen L. Roth, Honorable Michele M. Christiansen

PHOTOGRAPHY:
One pool still photographer and one pool video camera will be permitted into the court session. To request to be the pool photographer, contact Public Information Officer Nancy Volmer at (801) 578-3994 by October 13.

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JUSTICE COURT JUDICIAL NOMINATING COMMISSION

SELECTION MEETING PLANNED

Vernal, UT---The Uintah County Judicial Nominating Commission has scheduled a meeting on Oct. 10, 2011, to select candidates to replace Judge Pat McRae who is scheduled to retire on Dec. 31, 2011. The commission will meet at 9 a.m. at the Vernal City Hall, 374 East Main, room 272.

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 9:00 to 9:30 a.m. Following the public hearing, the meeting is closed to allow commission members to select a slate of three to five candidates for the vacancy.

Individuals interested in appearing before the commission should contact the Administrative Office of the Courts at (801) 578-3800 to request an appointment. Information on the Justice Court Nominating Commission members is available at www.utcourts.gov.

MESSAGE FROM PRESIDENT ROD SNOW

Utah Celebrates Pro Bono

The University of Utah S. J. Quinney College of Law will kick off the “Utah Celebrates Pro Bono” week on October 24th with a special lunchtime event featuring keynote speaker Pamela Atkinson. The event is free and open to the public. Atkinson is a longtime advocate for Utah’s homeless and a proponent of community service. She was a member of the Utah State Board of Regents for ten years, and also served on the State Board of Education and the Utah College of Applied Technology Board. She now serves on the State Homeless Coordinating Committee, Envision Utah, BMW Bank of North America Board, the Alliance for Unity, and the University of Utah’s School of Business National Advisory Board. Atkinson also works with Governor Gary Herbert as an advisor on various projects and has recently been involved in the restructuring of the State Office of Ethnic Affairs. The event is sponsored by the Utah State Bar, Utah Legal Services, and the College of Law, and will serve as the kick-off for a week celebrating pro bono legal service throughout the state. It will take place on Monday, October 24th from 12:15 to 1:30 p.m. at the College’s Sutherland Moot Courtroom. Free parking is available in the Rice-Eccles Stadium lot. I will also be honored to speak at this event along with Dean Hiram Chodosh. For more information, contact JoLynn Spruance, 801-581-5418 jolynn.spruance@law.utah.edu.

Other events have been planned throughout the state to celebrate Pro Bono. These activities include a Legal Clinics Blitz on Tuesday, October 25th; a Pro Bono Social with the Judges at the Utah State Bar on Thursday, October 27th, 4:30 p.m.- 5:30 p.m.; a Pro Bono Jam at Trolley Square on Friday, October 28th from 6:00 p.m. - 7:30 p.m. in the south-side foyer. Visit www.utahbar.org to learn more.

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October 2011 E-News

Fall Forum
Bar Sharks for Justice
Minority Bar Association Banquet and Silent Auction
Third Annual Walk Against Violence
Upcoming Events

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The Supreme Court and the Judicial Council invite comments to proposed amendments to the following court rules. The comment period expires November 28, 2011.

Summary of proposed amendments

Rules of Civil Procedure

URCP 026.02 Disclosures in personal injury actions. New. Described special disclosures in personal injury actions.
URCP 083. Vexatious litigants. New. Establishes the standards and procedures for declaring a person to be a vexatious litigant. Establishes management of cases involving vexatious litigants.

Code of Judicial Administration

PAROWAN CITY JUSTICE COURT JUDICIAL VACANCY POSTED

Parowan, Utah—Applications are being accepted for a Justice Court judge position in Parowan. The position will replace Judge Kenneth H. Adams who retired Sept. 30, 2011.

To be considered for the position, candidates must be at least 25 years of age, a citizen of the United States, a Utah resident for at least three years, and have earned a high school diploma or GED. In addition, candidates must be a resident of the county in which the court is located—or an adjacent county—for at least six months.

Salt Lake City, UT---Judge Douglas Thomas has been named presiding judge for the Seventh District Court for a two-year term. Judge Thomas replaces Judge George Harmond whose term has expired. Judge Lyle Anderson has been named associate presiding judge.

The presiding judges are responsible for the effective operation of their courts. According to court Rule 3-104, presiding judges are responsible for implementation and enforcement of statutes, rules, policies, and directives of the Utah Judicial Council as they pertain to the administration of the courts. The presiding judge is responsible for assigning cases and judges.

Presiding judges and associate presiding judges are elected by a majority vote of the judges of their court. When the presiding judge is unavailable, the associate presiding judge assumes his or her responsibilities.

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For a copy of the judge's biography, go to http://www.utcourts.gov/judgesbios/showGallery.asp?dist=7&ct_type=D

Statewide initiative will match low-income Utahns with attorneys in their area

Contact:
John Baldwin
Utah State Bar
801.531.9077
john.baldwin@utahbar.org

Angie Welling
Love Communications
801.647.0702
awelling@lovecomm.net

Utah State Bar Placing Increased Focus on Access to Legal Services
Statewide initiative will match low-income Utahns with attorneys in their area

SALT LAKE CITY – As law students and lawyers in Utah and across the country participate in the National Pro Bono Celebration next week, a Utah State Bar planning committee is working to significantly increase access to legal services for low-income Utahns.

PRESIDING JUDGE NAMED IN SEVENTH JUDICIAL DISTRICT

Salt Lake City, UT---Judge Douglas Thomas has been named presiding judge for the Seventh District Court for a two-year term. Judge Thomas replaces Judge George Harmond whose term has expired. Judge Lyle Anderson has been named associate presiding judge.

The presiding judges are responsible for the effective operation of their courts. According to court Rule 3-104, presiding judges are responsible for implementation and enforcement of statutes, rules, policies, and directives of the Utah Judicial Council as they pertain to the administration of the courts. The presiding judge is responsible for assigning cases and judges.

Presiding judges and associate presiding judges are elected by a majority vote of the judges of their court. When the presiding judge is unavailable, the associate presiding judge assumes his or her responsibilities.

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For a copy of the judge's biography, go to http://www.utcourts.gov/judgesbios/showGallery.asp?dist=7&ct_type=D

10.23.2011 by Jessica Gail

(KCPW News) The Utah State Bar will be working this week to match low-income Utahns with attorneys who can help them out for free. Attorney John Baldwin says several events are planned for National Pro Bono Celebration week.

“On Tuesday is what we call a legal clinic blitz, where legal clinics at the Horizonte school downtown in Salt Lake, at the Utah State Bar, in Provo at Utah Valley University and in St. George, where members of the public will be invited to come in and talk to lawyers, and to have to legal help taken care of on a very informal basis and quickly,” he explains.
Baldwin says the need for free legal help has continued to grow in recent years, which is why these events are so important.

“More and more people are becoming poor and there is more and more lower-middle class and lower-income people today in America, and they need legal help,” says Baldwin. “There are family law issues, there are landlord-tenant issues, there are child protection issues, there’s a lot more problems that people are facing.”

Events this week will also focus on celebrating pro bono attorneys and raising awareness for more of them to step forward. View the full schedule of events on the Utah State Bar’s website.

The Bar is seeking applications from lawyers to serve on the Seventh District Trial Court Nominating Commission. The Commission nominates judges to fill vacancies on the district court and the juvenile court within the Seventh Judicial District. Two lawyers are appointed by the Governor from a list of four nominees provided by the Bar.

Commissioners must be citizens of the United States and residents of the Seventh District (Carbon, Emery, Grand and San Juan Counties). Commissioners are appointed for one term of four years and may not serve successive terms. No more than four of the seven members of the nominating commission may be of the same political party. You must identify your political affiliation if you are registered with a political party or indicate if you are not registered with a party and are independent.

Submit resumes to John C. Baldwin, Executive Director, by e-mail at john.baldwin@utahbar.org , or by mail at 645 South 200 East, Salt Lake City, UT 84111.

Resumes must be received by Friday, November 25, 2011.

The Bar is seeking applications from lawyers to serve on the First District Trial Court Nominating Commission. The Commission nominates judges to fill vacancies on the district court and the juvenile court within the First Judicial District. Two lawyers are appointed by the Governor from a list of four nominees provided by the Bar.

Commissioners must be citizens of the United States and residents of the First District (Box Elder, Cache, and Rich Counties). Commissioners are appointed for one term of four years and may not serve successive terms. No more than four of the seven members of the nominating commission may be of the same political party. You must identify your political affiliation if you are registered with a political party or indicate if you are not registered with a party and are independent.

Submit resumes to John C. Baldwin, Executive Director, by e-mail at john.baldwin@utahbar.org , or by mail at 645 South 200 East, Salt Lake City, UT 84111.

Resumes must be received by Friday, November 25, 2011.

The Bar is seeking applications from lawyers to serve on the Second District Trial Court Nominating Commission. The Commission nominates judges to fill vacancies on the district court and the juvenile court within the Second Judicial District. Two lawyers are appointed by the Governor from a list of six nominees provided by the Bar.

Commissioners must be citizens of the United States and residents of the Second District (Davis, Morgan and Weber Counties). Commissioners are appointed for one term of four years and may not serve successive terms. No more than four of the seven members of the nominating commission may be of the same political party. You must identify your political affiliation if you are registered with a political party or indicate if you are not registered with a party and are independent.

Submit resumes to John C. Baldwin, Executive Director, by e-mail at john.baldwin@utahbar.org , or by mail at 645 South 200 East, Salt Lake City, UT 84111.

Resumes must be received by Friday, November 25, 2011.

The Bar is seeking applications from lawyers to serve on the Sixth District Trial Court Nominating Commission. The Commission nominates judges to fill vacancies on the district court and the juvenile court within the Sixth Judicial District. Two lawyers are appointed by the Governor from a list of four nominees provided by the Bar.

Commissioners must be citizens of the United States and residents of the Sixth District (Sanpete, Sevier, Piute, Wayne, Garfield and Kane Counties). Commissioners are appointed for one term of four years and may not serve successive terms. No more than four of the seven members of the nominating commission may be of the same political party. You must identify your political affiliation if you are registered with a political party or indicate if you are not registered with a party and are independent.

Submit resumes to John C. Baldwin, Executive Director, by e-mail at john.baldwin@utahbar.org , or by mail at 645 South 200 East, Salt Lake City, UT 84111.

Resumes must be received by Friday, November 25, 2011.

SURVEY REVEALS HIGH LEVEL OF SATISFACTION WITH

ACCESS & FAIRNESS IN UTAH’S COURT

Salt Lake City, Utah—Utahns report a high level of satisfaction with access and fairness in the state’s courts, according to results from a survey conducted by the Administrative Office of the Courts primarily during June and July 2011.

The Access & Fairness Survey measured court users’ views in 20 areas, including ease of parking, safety in courthouses, language barriers, disability accommodation, business hours, the time needed to finish court business, treatment by court staff, and whether their hearing was fair.

The Supreme Court and the Judicial Council invite comments to proposed amendments to the following court rules.

Summary of proposed amendments

Rules of Evidence
Utah Rules of Evidence Style Revision Project. Consistent with the restyling of the Federal Rules of Evidence, the language of these rules has been amended as part of the restyling of the Evidence Rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic only. There is no intent to change any result in any ruling on evidence admissibility.

GUIDE TO THE COURTS NOW AVAILABLE IN SPANISH

Salt Lake City, UT—The Administrative Office of the Courts has released a Spanish translation of the Guide to the Courts publication. The 40-page Guía a los Tribunales includes information to help individuals understand the state’s court system. The guide includes information on each level of court, criminal and civil processes, and court proceedings. In addition, common legal terms are included in the guide along with flow charts outlining how a case moves through the court process.

“The courts want to ensure that everyone has access to the court system,” said Utah State Court Administrator Dan Becker. “This guide will assist individuals who speak Spanish to more clearly understand Utah’s court system.”

The Guide is available at state courthouses throughout the state as well as on the court’s website at www.utcourts.gov/brochures.

PAROWAN CITY JUSTICE COURT JUDICIAL VACANCY POSTED

Parowan, Utah—Applications are being accepted for a Justice Court judge position in Parowan. The position will replace Judge Kenneth H. Adams who retired Sept. 30, 2011.

To be considered for the position, candidates must be at least 25 years of age, a citizen of the United States, a Utah resident for at least three years, and have earned a high school diploma or GED. In addition, candidates must be a resident of the county in which the court is located—or an adjacent county—for at least six months.

UTAH JUDICIAL COUNCIL MEMBERS NAMED

Salt Lake City, Utah—Three judges have been elected to serve a three-year term on the Utah Judicial Council. Seventh District Court Judge George Harmond, 4th District Court Judge David Mortensen, and 2nd District Justice Court Judge John Sandberg, who serves the Clinton and Clearfield Justice Courts, have replaced 4th District Court Judge Donald Eyre, 5th District Court Judge Michael Westfall, and Uintah County Justice Court Judge G.A. Petry who completed their terms. In addition, 3rd District Juvenile Court Judge Kimberly K. Hornak has been named as vice chair of the Council.

JUDGE JUDKINS NAMED PRESIDING IN FIRST JUDICIAL DISTRICT

Logan, UT---Judge Clint Judkins has been named presiding judge for the First District Court for a two-year term. Judge Judkins replaces Judge Larry Jones whose term has expired. Judge Jeffrey R. Burbank has been named associate presiding judge.

The Salt Lake Tribune
http://www.sltrib.com/sltrib/news/52799051-78/court-judge-district-council.html.csp

Three judges have been elected to serve three-year terms on the Utah Judicial Council.

Seventh District Judge George Harmond, 4th District Judge David Mortensen and 2nd District Justice Court Judge John Sandberg, who serves the Clinton and Clearfield justice courts, have replaced 4th District Judge Donald Eyre, 5th District Judge Michael Westfall, and Uintah County Justice Court Judge G.A. Petry, who completed their terms.

In addition, 3rd District Juvenile Court Judge Kimberly Hornak has been named as vice chair of the council.

The Utah Judicial Council is the policymaking body for the judiciary. The council has the constitutional authority to adopt uniform rules for the administration of all courts in the state. The council also sets standards for judicial performance, court facilities, support services, and judicial and non-judicial staff levels.

Utah Supreme Court Chief Justice Christine M. Durham chairs the council, which consists of 14 members. Other members are Utah Supreme Court Justice Jill Parrish, Utah Court of Appeals Judge Gregory Orme, 1st District Judge Thomas Willmore, 3rd District Judge Judith Atherton, 3rd District Judge Paul Maughan, Saratoga Springs and West Valley Justice Court Judge Keith Stoney, West Valley Justice Court Judge Brendan McCullagh, Utah State Bar Representative Lori Nelson, and Utah State Court Administrator Dan Becker, who serves as secretariat to the council. The judges and Utah State Bar representative all serve three-year terms.

http://www.sltrib.com/sltrib/blogsburger/52804417-53/bono-pro-attorney-kristin.html.csp

Lawyers to play free concert at Trolley Square tonight (Friday)
Salt Lake Tribune

The Pro Bono Jam, hosted by Trolley Square, takes place tonight (Friday, Oct. 28) from 6 p.m. to 7:30 p.m. in the south court located in the main mall at 600 South 650 East.

As part of a week-long National Pro Bono Celebration, this free public concert, sponsored by The Utah State Bar, recognizes pro bono legal service throughout the state. All the musicians performing at the Pro Bono Jam come from the legal profession including Kristin Erickson, a local folk musician and The Vapor Trails String Band.

Kristin Erickson is an attorney at Fabian & Clendenin, P.C. and has been singing, playing and writing music since she was a child. For the past several years, Kristin has been performing in a variety of concert and festival venues, based in Salt Lake City. Kristin will be joined by special guest artists at the Pro Bono Jam.

The Vapor Trails String Band was formed in 2006 by Debora Threedy, Professor of Law at the University of Utah S.J. Quinney College of Law, who plays the hammered dulcimer and sings. Dianna Cannon, an attorney at Cannon Match ,performs lead vocals and plays guitar. J.S. “Shawn” Foster, an attorney at J.S. Foster Law, plays the mandolin, fiddle, spoons, and sings. Barry Scholl, an attorney at Kruse Landa Maycock & Ricks, plays guitar and resonator. The band focuses on traditional and original acoustic music.

UTAH JUDICIAL COUNCIL MEMBERS NAMED

Salt Lake City, Utah—Three judges have been elected to serve a three-year term on the Utah Judicial Council. Seventh District Court Judge George Harmond, 4th District Court Judge David Mortensen, and 2nd District Justice Court Judge John Sandberg, who serves the Clinton and Clearfield Justice Courts, have replaced 4th District Court Judge Donald Eyre, 5th District Court Judge Michael Westfall, and Uintah County Justice Court Judge G.A. Petry who completed their terms. In addition, 3rd District Juvenile Court Judge Kimberly K. Hornak has been named as vice chair of the Council.