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June 2012 Archives

June 4, 2012

e.Bulletin for June 2012


MESSAGE FROM PRESIDENT ROD SNOW

Lend a Learned Hand – “Check Yes” to Volunteer for a Pro Bono Opportunity

As many of you know, the Bar’s “Check Yes” campaign is now in full swing. Members of the Pro Bono Commission, the Bar’s pro bono coordinator and the pro bono director at Utah Legal Services are in the process of meeting with members of various law firms and government offices to assist in the development of written pro bono policies and to encourage lawyers to “check yes” on their bar license renewal application for the opportunity to volunteer to take a pro bono case, if called.

The state is being organized by judicial districts. Each of the judicial districts will have a panel of local attorneys who have volunteered to take a pro bono case. Committees will be organized for each judicial district (PBC) and many of the districts will be chaired or co-chaired by a member of the judiciary. Cases will be assigned as determined by the committees. You may also volunteer to serve on the PBC for your district. Both litigation and transaction lawyers are needed. Free CLE will be offered to those who have volunteered and panels will be organized by experience and expertise where possible.

Please “check yes” on your license renewal application to be assigned to a panel in your respective district. There is a significant unmet need for our services to assist those who are at or below 125% of poverty level. Our motto, as coined by the co chair of the Bar Commission’s Pro Bono Committee, Rob Rice, is “Lend a Learned Hand.” Judge Hand stated, “Thou shalt not ration justice.”

As Justice Lewis Powell noted, “Equal Justice Under the Law is not merely a caption on the façade of the Supreme Court building; it is perhaps the most inspiring ideal of our society. It is fundamental that justice should be the same, in substance and availability, without regard to economic status.” Alexander Hamilton said, “The first duty of society is justice.” And Dickens said, “There is nothing so finely perceived and so finely felt, as injustice.”

Approximately 62% of the funding for Utah’s legal service organizations has come from the Legal Services Corporation (LSC) which is funded by Congress. Since 2008 the funding for the LSC has been cut from 420 million dollars to 348 million dollars for FY 2012.

At the end of 2011 LSC conducted a survey to assess the impact of funding reductions on their operations. In 2012, LSC grantees project a total loss of 1,226 full time employees between December of 2010 and 2012. This includes 582 attorneys, 250 paralegals and 394 support staff. LSC estimates 81,000 fewer low-income Americans will receive assistance from the programs it funds during 2012 than received assistance in 2011.
We can no longer stand idly watching a growing number of our low income friends and neighbors denied access to justice where there is a critical need. As professionals and lawyers, we are duty-bound to make a difference, and now is the time. This is our time and our opportunity to step forward and make a difference by “checking Yes.”

These cuts have translated into funding losses for Utah of $678,328 since 2009. Consequently Legal Aid and ULS helped 4,864 fewer individuals in 2010/2011 than in 2009/2010. The need is great and rising. “Lend a Learned Hand” is calling all of us to “Check Yes” on this year’s license application.

So much good work goes on quietly, without fanfare or notice, by so many members of our Bar. Over 70% of you responded last year to the Bar Survey that you engage in pro bono work on a weekly basis. We recognize what you are doing and thank you for your efforts. The Bar’s “Check Yes” campaign and program is simply a reorganization and revitalization of our efforts, facilitating the delivery of pro bono services to qualified individuals and families in an efficient manner.

As Sandra Day O’Connor has stated, “Certainly, life as a lawyer is complex today. The ever-increasing pressures of the legal marketplace, the need to bill hours, to market to clients, and to attend to the bottom line, have made fulfilling the responsibilities of community service quite difficult. But public service marks the difference between a business and a profession. A profession must devote itself first to the community it is responsible to serve. And I can imagine no greater duty than fulfilling this obligation. And I can imagine no greater pleasure.”

Please join us in “Checking Yes” on this year’s license renewal application and “Lend a Learned Hand.”



June 2012 E-News

Online License Renewal Now Open
2012 Summer Convention - Register Now
MCLE Compliance Notification
CLE Calendar

Continue reading "e.Bulletin for June 2012" »

June 23, 2012

SUMMER CLASSES SCHEDULED FOR DIVORCE EDUCATION FOR CHILDREN PROGRAM

SUMMER CLASSES SCHEDULED FOR DIVORCE EDUCATION FOR CHILDREN PROGRAM

Salt Lake City, UT—Nearly 12,000 Utah children are impacted by divorce each year, including more than 5,000 children in Salt Lake County. To address the needs of these children, the Utah State Courts offers a Divorce Education for Children class twice each month at no charge to participants. Classes take place on Saturday from 10 a.m. to noon and Monday from 6 to 8 p.m. Following are the dates for upcoming classes: July 9, August 18 and 27, and September 10 and 29, 2012.

The Divorce Education for Children class is for children 9- to 12-years-old whose parents have filed for divorce or whose parents are divorced. The class takes place at the Scott M. Matheson Courthouse at 450 South State Street. Advance registration is required by calling (801) 578-3897 or e-mail sabrinap@email.utcourts.gov. There is no charge to attend the class.

The program’s curriculum provides children with skills they can use to better communicate their feelings to parents. A mental health professional teaches the class with the assistance of a state court commissioner. Participation in the children’s class is voluntary.

For more information, go to www.utcourts.gov and search for divorce education classes.

Fourth Judicial District Court Executive Appointed

Provo, UT---The Administrative Office of the Utah State Courts has appointed Shane Bahr as the trial court executive for the Fourth District Court, which includes Juab, Millard, Utah, and Wasatch counties. Mr. Bahr will replace Paul Vance who retired in late May.
As the court executive, Bahr will be responsible for the administration of district courts, which includes providing administrative support to 13 judges and managing support operations of about 90 professional and technical staff, case management, court facilities, and court security. In addition, the court executive develops, justifies, and manages the court budget.
Bahr previously worked for the Colorado Judicial Department where he served as program development manager and was responsible for statewide planning and oversight of problem solving courts, alternative dispute resolution, and probate programs. Prior to this, he worked for the department as a problem solving coordinator. Before his tenure with the Colorado court system, Bahr held probation and drug court-related positions in Madison County, Idaho.
Bahr received a bachelor’s degree from Idaho State University and dual master’s degrees in social work and legal administration from the University of Denver.

Notice of Approved Amendments to Utah Court Rules

The Supreme Court has approved amendments to the following Utah court rules. Standing Order 07 is effective June 12, 2012. Rules 14-0510 and 14-0515 are effective June 30, 2012. Everything else is effective June 13, 2012.

Summary of amendments

Supreme Court Standing Order 07. As to establishment of a program of professionalism counseling for members of the Utah State Bar

USB 14-0510. Prosecution and appeals. Amend. Allows OPC to refer matters to the Professionalism Counseling Board established pursuant to Supreme Court Standing Order No. 7. Allows OPC to appeal screening panel determinations and recommendations. Authorizes the chair of the Ethics & Discipline Committee to increase a sanction imposed by a screening panel. 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 14-0515. Access to disciplinary information. Amend. Allows direct communication between OPC, members of the Ethics and Discipline Committee and the Professionalism Counseling Board.

Substantive and technical amendments to multiple rules to adopt the Uniform Bar Exam in Utah:
USB 14-0701. Definitions.
USB 14-0702. Board - general powers.
USB 14-0703. Qualifications for admission of Student and Foreign Law School Applicants.
USB 14-0704. Qualifications for admission of Attorney Applicants.
USB 14-0705. Admission by Motion.
USB 14-0706. Test accommodations.
USB 14-0707. Application; deadlines; withdrawals; postponements and fees.
USB 14-0708. Character and fitness.
USB 14-0709. Application denial.
USB 14-0710. Administration of the Bar Examination.
USB 14-0711. Grading and passing of the Bar Examination.
USB 14-0712. Qualifications for admission based on UBE.
USB 14-0713. MPRE.
USB 14-0714. Unsuccessful Applicants: disclosure and right of inspection.
USB 14-0715. Bar Examination appeals.
USB 14-0716. License fees; enrollment fees; oath and admission.
USB 14-0717. Readmission after resignation or disbarment of Utah attorneys.
USB 14-0718. Licensing of Foreign Legal Consultants. Renumber from 14-805 and amend.
USB 14-0719. Qualifications for admission of House Counsel Applicants. Renumber from 14-720 and amend.
USB 14-0720. Confidentiality. Renumber from 14-719 and amend.
USB 14-0805. Reserved. Reserved.

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.

Statement from Chief Justice Durrant

“It is with a heavy heart that the court acknowledges the passing of Pat Bartholomew in a tragic motorcycle accident on Saturday. Pat had worked as the clerk of court for the Supreme Court for nearly 23 years and for two years in the Juvenile Court. Pat was a consummate professional who was loved and respected by her colleagues and by those in the law community. She was warm, friendly, kind and respectful to those with whom she worked. Pat will be greatly missed by our court family. Our deepest sympathies go out to Pat's and Ross’s children and family at this difficult time.”

June 26, 2012

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 as indicated. Please note that Rule 4-503, requiring pleadings and other papers in civil cases to be filed electronically, is effective July 1, 2012, but the e-filing mandate for civil cases other than probate is April 1, 2013. The e-filing mandate for probate cases is July 1, 2013.

Summary of 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. Effective: 11/1/2012
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. Effective: 11/1/2012

Code of Judicial Administration
CJA 03-0301. Court administrators. Amend. Modifies responsibilities to reflect duties. Effective: 11/1/2012
CJA 03-0410. Automated information resource management. Amend. Modifies responsibilities to reflect duties. Effective: 11/1/2012
CJA 04-0202.08. Fees for records, information, and services. Amend. Establishes a fee of $5.00 to email a document. Prohibits the court from emailing a document available on xChange. Effective: 11/1/2012
CJA 04-0501. Expedited jury trial. New. Implements the pilot program as directed by HB 349 (2011) and HB 204 (2012). Effective: 7/1/2012
CJA 04-0503. Mandatory electronic filing. New. Requires that documents in district court civil cases, excluding probate cases, be filed electronically effective April 1, 2013. Probate cases to be filed electronically effective July 1, 2013. Provides for exceptions. Effective: 7/1/2012
CJA 06-0401. Domestic relations commissioners. Amend. Recognizes the authority of court commissioners to hear child protective order cases. Effective June 25, 2012 under Rule 2-205. Subject to change after the comment period.
CJA 07-0102. Duties and authority of Juvenile Court Commissioners. Amend. Recognizes the authority of court commissioners to hear child protective order cases. Effective June 25, 2012 under Rule 2-205. Subject to change after the comment period.

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.

June 27, 2012

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 August 14, 2012.

Summary of proposed amendments

Rules of Civil Procedure
URCP 010. Form of pleadings and other papers. Amend. Requires designation of the discovery tier in the caption of a claim. Requires a court-approved coversheet for counterclaims and cross claims as well as complaints. Requires that a lawyer's contact information on a paper be the same as on file with the Utah State Bar.
URCP 011. Signing of pleadings, motions, affidavits, and other papers; representations to court; sanctions. Amend. Deletes a provision that conflicts with Rule 26(e). The consequence will be that the signature on disclosures, discovery requests and discovery responses is a certification under Rule 11.
URCP 026. General provisions governing disclosure and discovery. Amend. Changes the time for initial disclosures. Provides for timing of disclosure and discovery of rebuttal experts. Clarifies that disclosure and discovery documents must be served.
URCP 026.02. Disclosures in personal injury actions. Amend. Narrows the limitation on the further use of disclosures to Plaintiff’s Social Security number and Medicare health insurance claim numbers. In a committee note, describes the committee's intent regarding the scope of the rule.
URCP 037. Discovery and disclosure motions; Sanctions. Amend. Allows the court to enter sanctions if a motion for a protective order or motion to compel is denied.
URCP 105. Shortening 90 day waiting period in domestic matters. Amend. Changes the standard of "good cause" to "extraordinary circumstances" in keeping with Section 30-3-18.

Code of Judicial Administration
CJA 02-0204. Local supplemental rules. Amend. Modifies the process by which local rules are approved.
CJA 03-0202. Court referees. Amend. In conjunction with Rule 4-704, prohibits courts from appointing court referees by whatever title, and permits clerks, under the direction of the judge and with the consent of the prosecutor and defendant, to resolve select cases to a determined outcome using a plea in abeyance process.
CJA 04-0202.01. Definitions. Amend. Excludes from the definition of a "record" documents prepared or received by a person in the person's private capacity and documents that do not relate to the public's business.
CJA 04-0202.02. Records classification. Amend. Removes investigative subpoenas from the list of protected records. Section 77-22-2 will regulate access to investigative subpoenas. Changes the classification of PSI reports from private to protected. Designates additional circumstances in which the name of a minor is public. Classifies as "protected" records subject to the attorney client privilege.
CJA 04-0202.03. Records access. Amend. Clarifies who has access to a private or a protected court record.
CJA 04-0202.05. Request to access an administrative record; research; request to classify an administrative record; request to create an index. Amend. Permits releasing non-public records for research purposes if the interests favoring the research are greater than or equal to the interests favoring closure.
CJA 04-0401.01. Electronic media coverage of court proceedings. New. Replaces Rule 4-401. Permits electronic media coverage of any public court hearing. Describes application and approval process. Establishes factors for denying electronic media coverage. Describes limits.
CJA 04-0401.02. Possession and use of portable electronic devices. New. Permits possession and use of portable electronic devices in courthouses. Allows judge to restrict use in courtrooms.
CJA 04-0405. Juror and witness fees and expenses. Amend. Requires prosecutors to certify to the number of miles for which a witness is entitled to payment.
CJA 04-0704. Authority of court clerks. Amend. Permits clerks, under the direction of the judge and with the consent of the prosecutor and defendant, to resolve select cases to a determined outcome using a plea in abeyance process.
CJA 06-0401. Domestic relations commissioners. Amend. Recognizes the authority of court commissioners to hear child protective order cases. Effective June 25, 2012 under Rule 2-205. Subject to change after the comment period.
CJA 07-0102. Duties and authority of Juvenile Court Commissioners. Amend. Recognizes the authority of court commissioners to hear child protective order cases. Effective June 25, 2012 under Rule 2-205. Subject to change after the comment period.

Rules Governing the Utah State Bar
USB 14-0504. OPC counsel. Amend. The amendment proposes a slightly broader safe harbor for attorneys who rely on ethics advisory opinions.

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.

About June 2012

This page contains all entries posted to Utah State Bar News & Announcements in June 2012. They are listed from oldest to newest.

May 2012 is the previous archive.

July 2012 is the next archive.

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