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September 2012 Archives

September 6, 2012

Opening for Justice Court Judge in Blanding

BLANDING CITY JUSTICE COURT JUDICIAL VACANCY POSTED

Blanding, Utah—Applications are being accepted for a Justice Court judge position in Blanding. The position will replace Judge James J. Harris who is retiring effective Dec. 31, 2012.

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.

Information on judicial retention and performance evaluation is posted on the Utah State Court’s website at www.utcourts.gov under employment opportunities. An application for judicial office form must be completed and is available on the court’s website. The annual salary for the part-time position is $12,011, without benefits. For additional information, contact Jeremy Redd, Blanding city manager, at (435) 678-2791, ext. 302.

The deadline for applications is Sept. 21, 2012 at 5 p.m. and should be sent to the attention of Holly Frischknecht, Administrative Office of the Courts, 135 North 100 West, Logan, Utah, 84321, or faxed to (435) 750-1343. For more information, e-mail hollyf@email.utcourts.gov or call (435) 750-1325.

Utah law requires that a local county Justice Court Nominating Commission be created with representatives appointed from the county commission, the municipalities, and the local Bar Association. The San Juan County Nominating Commission is tasked with submitting three to five names to Blanding City Mayor Toni Turk for consideration. The appointment is subject to confirmation by the Blanding City Council and certification by the Utah Judicial Council.

Justice Christine Durham to Receive National Award

FOR IMMEDIATE RELEASE
August 31, 2012
American Judicature Society
Seth S. Andersen
(800) 626-4089 or sandersen@ajs.org


Justice Christine Durham of Utah to Receive National Award
Des Moines, Iowa – Hon. Christine M. Durham, Justice of the Utah Supreme Court, has been selected to receive the Eighth Annual Dwight D. Opperman Award for Judicial Excellence from the American Judicature Society. Justice Randy Holland of the Delaware Supreme Court, chair of the award selection panel, said "Justice Durham is the personification of judicial excellence."
In her nomination letter, former Chief Justice Ruth V. McGregor of the Arizona Supreme Court, who received the Second Annual Dwight D. Opperman Award, said, “[Justice Durham] has served the public for almost thirty years; during that time, she has demonstrated her commitment to the rule of law, to the administration of justice, and to judicial and legal education. She has served as a role model to hundreds, perhaps thousands, of young women and men who see in her the characteristics they hope someday to possess.”

Continue reading "Justice Christine Durham to Receive National Award" »

September 7, 2012

e.Bulletin for September 2012


MESSAGE FROM PRESIDENT LORI NELSON

Never Too Early to Plan Ahead

I am so pleased to announce that U.S. Supreme Court Justice Antonin Scalia will be our keynote speaker at our 2013 Summer Convention in Snowmass, Colorado. Justice Scalia was appointed by President Ronald Reagan to the U.S. Supreme Court of the United States in 1986. We are honored to have him speak to us.

In addition to Justice Scalia’s visit, we are making exciting plans for our 2013 Summer Convention. Snowmass/Aspen, Colorado something new and different for our Bar members in a charming mountain setting! With an Ice Age Discovery Center for the kids, golf, fly fishing, paragliding, four-wheeling, hot air ballooning, and river rafting for attendees along with affordable lodging and great food, there is so much to like about this venue?

In October 2010, while excavating for the expansion of the Ziegler Reservoir, a juvenile Columbian mammoth was discovered. The dig that followed uncovered more mammoths, a Jefferson ground sloth (think Manny and Sid from Ice Age, the movie), mastodons, gigantic ice age bison, a small deer, and an ancient camel. A website describing the find is www.snowmassiceage.com.

You’ll be hearing more about this new venue and our plans as the year progresses, and I think you’ll be excited as you learn about all the activities available for every family member and the affordable lodging costs. It is never too early to plan ahead! Please visit these links to learn more:

• http://aspensnowmass.com/en/ski-and-snowboard-schools/treehouse-kids-adventure-center
• http://www.blazingadventures.com/
• http://www.snowmasslodging.com/

Attorney Spotlight: This Month I wanted to spotlight two local attorneys: Brent Johnson, General Counsel for the courts/judges and George Pratt, Jones Waldo.

Brent volunteers with Volunteers of America. Each Monday he goes to the Homeless Youth Resource Center and cooks, serves and cleans up lunch for between 20-30 kids. He is also mentoring a refugee family from Iraq, helping them with the culture and navigating the system to have their needs met.

I also want to spotlight George Pratt, attorney at Jones Waldo and my partner. Each year George goes to Haiti to work with Healing Hands for Haiti at his own expense. He does this to ensure Haitians are able to have access to necessary medical care and the hope that care can provide.



September 2012 E-News• Civics Education VOLUNTEERS NEEDED
• Bar Representative to the ABA
• Fall Forum Award Nominations Sought
• Office of Professional Conduct Annual Report Now Online
• e.Filing Update
• CLE Seminar Offerings

Continue reading "e.Bulletin for September 2012" »

September 11, 2012

JUDGES TO HEAR GRAND JURY TESTIMONY

Heber City, UT---A panel of judges is scheduled to meet on Oct. 11, 2012, to hear testimony to determine if reasonable cause exists to call a grand jury. The meeting will take place in the Fourth Judicial District, Heber City Courthouse, 1361 South Highway 40.

Those wanting to testify before the panel of judges should contact District Court Administrator Debra Moore at (801) 578-3800 by Sept. 28, 2012, to schedule an appointment. If no appointments are scheduled by Sept. 28, the meeting will be canceled without further notice.

Individuals testifying must be prepared to give evidence to support claims that justify calling a grand jury. Controversies between individual parties will not be considered. Individuals who need special accommodations during the hearing must notify the court at least three business days prior to the hearing.

Utah’s Grand Jury Statute requires a panel of judges selected from throughout the state to hold hearings in each judicial district every three years. The purpose of the hearings is to determine if a grand jury needs to be summoned based on evidence of criminal activity. The Grand Jury Panel is comprised of the following judges: Supervising Judge A. Lynn Payne, senior judge; Judge Terry L. Christiansen, 3rd District Court; Judge Steven L. Hansen, 4th District Court; Judge Kate Toomey, 3rd District Court; and Judge W. Brent West, 2nd District Court.

The Attorney General, a county attorney, district attorney, or special prosecutor appointed under U.C.A. section 77-10a-1 can also present evidence of criminal activity. The panel of judges will hear, in secret, all persons claiming information that justifies calling a grand jury. All individuals appearing before the panel of judges will be placed under oath. If a grand jury is summoned, the jurors will be called from the state-at-large or any judicial district within the state.

September 17, 2012

UTAH STATE COURTS TO COMMEMORATE CONSTITUTION DAY

Program to Mark the 225th Anniversary of the Signing of the Constitution

WHAT: The Utah State Courts is planning a program to recognize the 225th anniversary of the signing of the U.S. Constitution. The Constitution guides American society in law and political culture. It is the oldest written national constitution in continuous use.

Following the program, Utah Supreme Court Justice Christine Durham will present a lesson plan to West High School students as part of the Utah State Bar’s Civics Education Program.

WHEN: Monday, Sept. 17 at 12:30 p.m. to 1:00 p.m.

WHERE: Scott M. Matheson Courthouse, 450 South State, rotunda

WHO:- Judge Carolyn McHugh, Court of Appeals, Judicial Outreach Committee chair
-Justice Christine M. Durham, Utah Supreme Court
-Utah State Bar President Lori Nelson
-East High School ROTC Color Guard
-National Anthem to be sung by Frank Chavez

NOTE: A 12’ x 18’ American flag will be hung in the rotunda and will provide a photographic backdrop to the program.

September 18, 2012

Notice of Approved Amendments to Utah Court Rules

Summary of amendments

URAP 029. Oral argument. Amend. The amendment allows for oral argument if the court determines that oral argument will significantly aid the decisional process. The amendment reflects current court practice.

URCrP 007. Proceedings before magistrate. Amend. Creates a process for review by the court when someone is arrested on a material witness warrant.

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, May 7, 2012.

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, May 7, 2012.

URCrP 029. Disability and disqualification of a judge or change of venue. Amend. Clarifies that a request to submit for decision is not required on a motion to disqualify. The amendment also states that other parties may not file a response to the motion.

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.

September 24, 2012

UTAH JUDICIAL COUNCIL MEMBERS NAMED

Salt Lake City, Utah—Two judges and one Utah State Bar representative have been elected to serve three-year terms on the Utah Judicial Council. Second District Court Judge Glen Dawson, Orem City Justice Court Judge Reed S. Parkin, and Utah State Bar representative John Lund have replaced 1st District Court Judge Thomas Willmore, Saratoga Springs and West Valley Justice Court Judge Keith Stoney, and Utah State Bar President Lori Nelson who completed their terms.

The Utah Judicial Council is the policy-making 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 Matthew B. Durrant chairs the Council, which consists of 14 members. Other members are as follows: 3rd District Juvenile Court Judge Kimberly K. Hornak, Council vice chair, Utah Supreme Court Justice Jill N. Parrish, Utah Court of Appeals Judge Gregory K. Orme, 3rd District Court Judge Judith S.H. Atherton, 7th District Court Judge George Harmond, 3rd District Court Judge Paul G. Maughan, West Valley Justice Court Judge Brendan P. McCullagh, 4th District Court Judge David Mortensen, Clinton and Clearfield Justice Court Judge John Sandberg, 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.

# # #

Media Note: Biographies on the judges are available at http://www.utcourts.gov/judgesbios/

September 26, 2012

West Valley City Justice Court Vacancy Posted

WEST VALLEY CITY JUSTICE COURT VACANCY ANNOUNCED
West Valley City, Utah—Applications are being accepted for a Justice Court judge position in West Valley City. The position will replace Judge Keith L. Stoney who is retiring effective Dec. 31, 2012.

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.

Information on judicial retention and performance evaluation is posted on the Utah State Court’s website at www.utcourts.gov under employment opportunities. An application for judicial office form must be completed and is available on the court’s website. The annual salary for the full-time position is $66,725 to $120,105 and benefits may or may not be provided. For additional information, DeAnn Varney with the local hiring authority can be reached at (801) 963-3600.

The deadline for applications is Oct. 15, 2012 at 5 p.m. and should be sent to the attention of Holly Frischknecht, Administrative Office of the Courts, 135 North 100 West, Logan, Utah, 84321, or faxed to (435) 750-1343. For more information, e-mail hollyf@utcourts.gov or call (435) 750-1325.

Utah law requires the Judicial Nominating Commission to submit three to five nominees to the Salt Lake County Nominating Commission within 45 days of its first meeting. The local government executive has 30 days in which to make a selection. The selection must be certified by the Utah Judicial Council.

About September 2012

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

August 2012 is the previous archive.

October 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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