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 June 19, 2012.

Summary of proposed amendments

Rules of Criminal Procedure

URCrP 027A. Stays pending appeal from a court not of record- appeals for a trial de novo. New. Governs the procedures for stays pending the appeal of a final decision in a justice court. Does not apply to DUI cases. Includes circumstances in which a stay may be denied. Sets forth the conditions that a justice court may impose as a part of the stay. Effective on the same day as S.B. 214, the legislation that prompted this rule. Effective May 7, 2012 under Rule 11-105(5). Subject to change after the comment period.

URCrP 027B. Stays pending appeal from a court not of record- hearings de novo, DUI, and reckless driving cases. Renumber Rule 27A and amend. Applies in DUI cases and appeals of hearings de novo. Contains essentially the same criteria that existed in previous Rule 27A. Effective on the same day as S.B. 214, the legislation that prompted this rule. Effective May 7, 2012 under Rule 11-105(5). Subject to change after the comment period.

Rules of Juvenile Procedure

URJP 020A. Discovery in non-delinquency proceedings. Amend. Changes comport with the new civil discovery rules and to clarify that the Rule of Civil Procedure regarding subpoenas applies generally in juvenile court and is not limited to depositions on oral questions.
URJP 023. Hearing to waive jurisdiction and certify under Section 78A-6-703; bind over to district court. Amend. Technical change.
URJP 023A. Hearing on conditions of Section 78A-6-702; bind over to district court. Amend. Technical change.

Code of Judicial Administration

CJA 04-0409. Council approval of Problem Solving Courts. Amend. Regulates ex parte communication in problem solving courts, as recognized by the Code of Judicial Conduct and consistent with the signed agreement.

How to view redline text of the proposed amendments

To see proposed rule amendments and submit comments, click on this link to: http://www.utcourts.gov/resources/rules/comments/. Then click on the rule number.

How to submit comments

You can comment and view the comments of others by clicking on the "comments" link associated with each body of rules. It's more efficient for us if you submit comments through the website, and we encourage you to do so. After clicking on the comment link, you will be prompted for your name, which we request, and your email address and URL, which are optional. This is a public site. If you do not want to disclose your email address, omit it. Time does not permit us to acknowledge comments, but all will be considered.

After submitting your comment on the webpage, you probably will get an error message, but your comment has been delivered to a buffer, and I will publish it at the earliest opportunity.

Submit comments directly through the website or to:

Tim Shea
Email: tims@email.utcourts.gov Please include the comment in the message text, not in an attachment.
Fax: 801-578-3843
Administrative Office of the Courts
POB 140241
Salt Lake City, Utah 84114-0241

One method of submitting a comment is sufficient.

Sandy, UT - Sandy City Mayor Tom Dolan has announced the appointment of the Honorable Paul C. Farr to fill a vacancy at the Sandy City Justice Court. The position will replace Judge Donald Sawaya who retired Feb. 5, 2012.

Judge Farr was appointed to the Herriman City Justice Court in 2010 and to the Lehi City Justice Court in 2011. Judge Farr received an Associate of Science degree in History from Dixie State College, a Bachelor of Science degree in Criminal Justice from Weber State University, and a Juris Doctorate from Brigham Young University. Judge Far has been a member of the Utah State Bar since 2000. Prior to his appointment to the bench, Judge Farr was a partner in a Salt Lake City law firm. He has previously worked for the Utah Attorney General's Office, the U.S. Department of the Interior, and in private practice.

Bluffdale, UT-The Bluffdale City Mayor Derek Timothy has announced the appointment of the Scott J. Mickelsen to fill a Bluffdale City Justice Court vacancy. The position will replace Judge Darwin Poulson who resigned effective May 1, 2012.

Mickelsen is a 35-year veteran of law enforcement where he has worked as a division commander in patrol, court security, and administrative support. During his career in law enforcement, Mickelsen created officer-friendly programs for elementary school curriculums and also taught criminal justice in area high schools. He earned a Bachelor of Science and Master of Science degrees in Criminal Justice from Weber State University and is a graduate of the FBI National Academy.

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

MESSAGE FROM PRESIDENT ROD SNOW

Election Results and Summer Convention

The Utah State Bar 2012 elections were over on the 15th of April. Thank you to all who exercised their opportunity to vote and have a say in how your Bar is operated. Curtis Jensen of Snow Jensen and Reese in St. George has been elected as our new President-elect. He will follow Lori Nelson, who will take over as Bar president in July. Angelina Tsu has been elected as a new Commissioner and Jim Gilson will continue to serve, both as representatives from the Third Division. Tom Seiler will continue to represent lawyers in the Fourth Division and Mike Leavitt will take over representing the Fifth Division.

We want to thank the fine lawyers who were willing to campaign and serve. Congratulations to those who have won the special opportunity to be of service to all of us. Change and new blood are always invigorating and healthy and we look forward to working with a newly-constituted Commission. We extend a warm thank you to Christian Clinger who has served as a Bar Commissioner for many years. Christian has worked hard and accomplished much during his tenure. He has chaired or worked on a number of critical Commission assignments and committees. Christian is moving on now to new opportunities as a partner in the Institute of Advanced Mediation. His enthusiasm and encouragement will be missed by the Commission. We have a strong and terrific Bar. I encourage all of you to find ways to participate in Bar programs. Choose a section or a committee and offer to participate. You will find satisfaction in your service, make a difference and find new friends and opportunities.

The 2012 Summer Convention is just around the corner. Please make your plans now for what is sure to be a memorable time July 18th – 21st in beautiful Sun Valley, Idaho. Our keynotes are presenting timely and valuable messages. For example, the future of the practice of law in the United States will be addressed by Professor Tom Morgan from the George Washington University Law School. You do not want to miss the keynote presentations. View the accommodation arrangements at http://www.utahbar.org/cle/summerconvention/accommodations.html.

May 2012 E-News

Books From Barristers
First Annual Mentor of the Year Award
The New Casemaker™
Summer Convention Awards
MCLE Notice
Online Licensing

Applications are now being accepted for a district court judge position in the Third Judicial District (Salt Lake, Summit and Tooele counties). This position results from the pending retirement of Judge William W. Barrett, effective November 1, 2012.

Completed application forms must be received by the Commission on Criminal and Juvenile Justice no later than 5:00 pm, Friday June 15, 2012. Because the application has recently changed, all applicants must submit a new application. Prior applications will not be accepted for this vacancy.

Application forms and the complete Announcement of Judicial Vacancy can be found at:
http://www.justice.utah.gov/ccjj_judicialvacancies.html

Utah Symphony & Utah Opera

Deer Valley Music Festival

Exclusive offer to Utah State Bar Members

Save 20% off on tickets to all Utah Symphony & Utah Opera performances with no phone fees!

Call- 801-869-9046 – Call Shawn for tickets & performance information.

The Supreme Court has approved amendments to the following Utah court rules. The amendments are effective June 30, 2012.

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

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 on the dates 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.