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December 2011 Archives

December 1, 2011

Farmington Courthouse Update

Chief Justice Christine Durham has order the Farmington Courthouse closed for Thursday, December 1 due to flying debris caused by high winds. The closure was made so that a more extensive assessment of the safety of public areas can be made and to free up Sheriff's deputies to assist in the community. The closure includes Juvenile Court, District Court, Davis County Justice Court, and Small Claims Court. The court expects to be open on Friday, December 2.

PUBLIC NOTICE VACANCY ANNOUNCEMENT UNITED STATES MAGISTRATE JUDGE

OPEN DATE: NOVEMBER 28, 2011 CLOSE DATE: DECEMBER 23, 2011

The United States District Court for the District of Utah is accepting applications for the position of a fulltime United States Magistrate Judge in Salt Lake City, Utah. The term of office is eight years and the current salary for the position is $160,080.

The basic jurisdiction of the U.S. Magistrate Judge is specified in 28 U.S.C. § 636. Duties include: (1) preliminary proceedings in criminal cases; (2) trial and disposition of misdemeanor cases and of civil cases upon consent of the parties; (3) various pretrial and evidentiary proceedings in civil and criminal cases as may be referred by the Judges of the District Court, including entry of guilty pleas in felony matters; (4) administration of specialty courts approved by the district court;(5) conduct of settlement conferences referred from the district judges; and (6) conduct of naturalization ceremonies.

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December 2, 2011

Notice of Proposed Amendments to Utah Court Rules

The Supreme Court and the Judicial Council invite comments to proposed amendments to the following court rules. The comment period expires January 20, 2012.

Summary of proposed amendments

Rules of Civil Procedure
URCP 025. Substitution of parties. Amend. Clarifies that the notice of hearing on a motion to substitute parties must be served with the motion if the hearing has been scheduled by the time the motion is served.


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December 5, 2011

Courts Appoint New Education Director

UTAH STATE COURTS EDUCATION DIRECTOR APPOINTED

Salt Lake City, UT—Tom Langhorne, Esq., has been appointed as the new director of the Utah Judicial Institute, which is the education arm of the Utah State Courts. In his position with the Utah State Courts, Langhorne will oversee the development of judicial education programs for judges and court staff throughout the state.

Prior to joining the Utah State Courts, Langhorne practiced law in Richmond, VA. He has also worked in the judicial education field since 1993. Langhorne served as director of judicial education for the Supreme Court of Virginia from 1993 through 2002, and operated a consulting firm that specialized in education services in courts nationally and abroad since 2002.

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December 7, 2011

ABA seeks better treatment of the disabled by LSAT administrator

The Law School Admission Council is no stranger to litigation over its testing policies. The organization has been sued numerous times by would-be takers of the Law School Admission Test who were denied accommodations for what they claimed were disabilities.

Now the American Bar Association's Commission on Disability Rights has asked the council to change the way it handles requests for testing accommodations, to "ensure that the exam reflects what the exam is designed to measure, and not the test taker's disability."

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December 12, 2011

NOMINEE NAMED TO FILL VERNAL CITY JUSTICE COURT VACANCY

Vernal, UT—Vernal City Mayor Gary Showalter has announced the appointment of Ray R. Richards to fill a vacancy at the Vernal City Justice Court. The position replaces Judge Cleopatra (Pat) McRae who announced her retirement effective Dec. 31, 2011.

Richards received a Bachelor of Arts degree in Social Work from Utah State University in 1996. Following graduation, he worked for the 8th District Juvenile Court as a special service worker and also part-time as a controller with the Uintah County Jail. He is currently a chief probation officer with the 8th District Juvenile Court and serves as a volunteer firefighter in Uintah County.

Richards’s appointment to the bench is subject completion of the court’s new judge orientation and certification by the Utah Judicial Council.

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December 13, 2011

Grand Jury Meeting Set for Duchesne

JUDGES TO HEAR GRAND JURY TESTIMONY

Duchesne, UT---A panel of judges is scheduled to meet on Jan. 12, 2012 to hear testimony to determine if reasonable cause exists to call a grand jury. The meeting will take place in the 8th Judicial District, Duchesne Courthouse, 21554 W. 9000 S. Duchesne.

Those wanting to testify before the panel of judges should contact District Court Administrator Debra Moore at (801) 578-3800 by Dec. 22, 2011, to schedule an appointment. If no appointments are scheduled by Dec. 22, the meeting will be canceled without further notice.

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e.Bulletin for December 2011


MESSAGE FROM PRESIDENT ROD SNOW

Commission Actions on Fairness, Diversity and Inclusion

The Utah State Bar Commission has, in recent months, engaged in several discussions to identify and eliminate barriers to fairness including racial, ethnic, gender, sexual orientation, economic, and other biases to support the fundamental principle of not only equitable treatment but inclusion. To that end, the Commission has adopted the following statement on diversity and inclusion, which reads:

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December 20, 2011

Notice of Proposed Amendments to Utah Court Rules

Summary of proposed amendments:

Rules Governing the Utah State Bar

USB 14-0503. Ethics and Discipline Committee.
Amend. Adds a vice chair to the Ethics and Discipline Committee and establishes a screening panel member removal process.

USB 14-0510. Prosecution and appeals.
Amend. Provides that a judicial officer's failure to address or report alleged attorney misconduct is not evidence that misconduct has or has not occurred. Establishes that a screening panel's involvement in the diversion process ceases once the material terms of a diversion contract have been agreed to.

USB 14-0533. Diversion. Amend.
Provides that OPC, as secretary to the screening panel, memorializes the diversion contract.

Petition to Create Ethics Advisory Opinion Safe Harbor. USB 14-0504.
OPC counsel. Amend. Prohibits OPC from prosecuting a lawyer for an act expressly authorized by an ethics advisory opinion. Provides that a court is not bound by an the interpretation of an ethics advisory opinion. Permits OPC to request that the ethics advisory opinion committee review, modify or withdraw an ethics advisory opinion. Permits OPC to request that the supreme court review, affirm, reverse or modify an ethics advisory opinion.

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December 23, 2011

Notice of Approved Amendments to Utah Court Rules

The Supreme Court and Judicial Council have approved amendments to the following Utah court rules. The amendments are effective on the dates indicated.

Summary of amendments

Rules of Civil Procedure
URCP 004. Process. Amend. Deletes the requirement that a summons published in a newspaper must be in an English language newspaper.
Effective April 1, 2012.
URCP 026.02 Disclosures in personal injury actions. New. Describes special disclosures in personal injury actions. Effective December 22, 2011.
URCP 065C. Post-conviction relief. Amend. Adds appointment of pro bono counsel in accordance with Sections 78B-9-109 and -202. Effective April 1, 2012.
URCP 101. Motion practice before court commissioners. Amend. Deletes a paragraph that is incorporated into new Rule 108. Effective April 1, 2012.
URCP 108. Objection to court commissioner’s recommendation. New.
Establishes a procedure for objecting to a court commissioner’s recommendations. Establishes standards of review. Effective April 1, 2012.

Continue reading "Notice of Approved Amendments to Utah Court Rules" »

Parowan Names New Justice Court Judge

FOR IMMEDIATE RELEASE
December 23, 2011
Contact: Nancy Volmer
(801) 578-3994
Cell: (801) 712-4545

NOMINEE NAMED TO FILL PAROWAN CITY JUSTICE COURT VACANCY

Parowan, UT—Parowan City Mayor Donald G. Landes has announced the appointment of the Honorable Brent A. Dunlap to fill a vacancy at the Parowan City Justice Court. The position replaces Judge Kenneth H. Adams who resigned Sept. 30, 2011.

Judge Dunlap was appointed to the Iron County Justice Court in Feb. 2007. He has served on the Justice Court Education Committee since April 2009 and on the Justice Court Board of Judges since April 2011. Prior to his appointment to the bench, Judge Dunlap served with the Utah Highway Patrol for 20 years and with the Iron County Sheriff’s Office for 14 months. He graduated from Cottonwood High School in Salt Lake City.

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Survey Participation Awards for the 2011 Utah State Bar Membership Survey

The Utah State Board of Bar Commissioners would like to thank all Utah attorneys that participated in the successful Dan Jones survey and would like to extend congratulations to the attorneys below that were randomly drawn to receive either an iPad 2 or free registration to a Bar event for their participation.

iPad 2 Recipients

MS. STEPHANIE K. MATSUMURA
MR. SCOTT W. HANSEN
MR. NATHAN J. EVERSHED

Free Bar Event Registration

MR. C. CLAYTON HANSEN
MR. LANDON A. ALLRED
MR. JOSEPH FARNSWORTH
MS. RACHEL E. OTTO
MS. DIANE PITCHER
MR. BRIAN D. KELM
MR. RICHARD A. RAPPAPORT
MS. PADMA VEERU-COLLINGS

About December 2011

This page contains all entries posted to Utah State Bar News & Announcements in December 2011. They are listed from oldest to newest.

November 2011 is the previous archive.

January 2012 is the next archive.

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

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