Utah State Bar News & Announcements

The Supreme Court has approved amendments to the following Utah court rules. The amendments are effective November 1, 2012.

Summary of amendments

USB 14-0504. OPC counsel. The amendment proposes a broader safe harbor for attorneys who rely on ethics advisory opinions.

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.

Saratoga Springs, Utah—Applications are being accepted for a Justice Court judge position in Saratoga Springs. 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 part-time position is $15,000 to $27,000 and benefits may or may not be provided. For additional information, contact Markette Schwartz with the local hiring authority at MSchwartz@saratogaspringscity.com or at (801) 766-9793, ext. 121.

The deadline for applications is Oct. 17, 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 Utah 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 then be certified by the Utah Judicial Council.

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Nancy Volmer
Utah State Courts
Public Information Office
(801) 578-3994
Cell: (801) 712-4545
Fax: (801) 578-3843

MESSAGE FROM PRESIDENT LORI NELSON

A BIG 'THANK YOU'

I am so pleased to report that we exceeded by nearly two-fold our goal of 100 class rooms on Constitution Day, September 17th. Our 174 volunteers taught 193 lessons to classrooms, assemblies, and community youth councils in 15 counties statewide. We estimate that over 15,000 students were able to receive this valuable information about our system of government and the part they can play in its evolution, growth, and stability. We greatly appreciate the volunteer judges, attorneys, and law school students who shared their knowledge and experience with the children in our communities. The time these volunteers graciously gave will benefit us and our society exponentially. We also want to thank the teachers who invited members of the Bar into their classrooms and we hope that the experience their students had with our Constitution program demonstrated our commitment to the education of our children. Rusty Taylor, Principal at Desert Hills High School in St. George sent a note in gratitude to one of the attorneys who taught at his school, saying “Community support for education is essential if we want to accomplish our goals with our students.” We agree!

Our Constitution Day kick-off had a built-in bonus for us, too. Attorney volunteers had a great time! One lawyer wrote in, “(d)one teaching 7 classes. At least I can say there are some two or three-hundred students who are a little less confused about the Constitution, Separation of Powers, and what lawyers really do for a living. If you need any help like this in the future, let me know - I'd do it again.” This is good to hear because we do plan to call on our volunteers again and we are asking for more Utah lawyers to join in. Hopefully having attorneys in classrooms on Constitution Day will become an annual event. We have invited teachers whose students have not yet heard our lesson to allow us to come into their classrooms sometime in the coming year, when our materials on the Constitution may fit into their planned curriculum. If you would like to join our list of volunteers or, if you know a teacher who would like to have us visit their students, please link to http://www.utahbar.org/highschoolcivics/welcome.html. Read more about the success of the Utah State Bar Constitution program at http://www.sltrib.com/sltrib/home3/54883608-200/constitution-students-government-percent.html.csp.

October 2012 E-News

2012 Fall Forum
Blomquist Hale, Lawyers Helping Lawyers and other Member Benefits
Utah Celebrates Pro Bono
Check out the numerous CLE seminar offerings through the Utah State Bar CLE Department:

The upcoming election will be the first in which Utah Judicial Performance Evaluation Commission provides judicial evaluations. Check out www.judges.utah.gov for complete evaluations of all judges whose names will appear on the ballot.

This election is also the first one in which citizens had to OPT IN in order to receive the Voter Information Pamphlet. You should have received a postcard several weeks ago informing you of the change, but only 7,000 postcards were returned. Information is available on the Judicial Performance Evaluation Commission's web site or on www.vote.utah.gov

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 free Divorce Education for Children class twice each month. 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: Oct. 15 and 27, Nov. 5, Dec. 1 and 10, 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.

West Valley City, UT---The Salt Lake County Judicial Nominating Commission has scheduled a meeting on Nov. 5, 2012, to select candidates for the West Valley City Justice Court to replace Judge Keith Stoney who is retiring Dec. 31, 2012. The commission will begin meeting at 2:00 p.m. at the West Valley City Hall, 3600 Constitution Blvd.

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 2:15 p.m. to 2:45 p.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 Holly Frischknecht at (435) 750-1325 to request an appointment. Information on the Justice Court Nominating Commission members is available at www.utcourts.gov.

Blanding, UT---The San Juan County Judicial Nominating Commission has scheduled a meeting on Nov. 8, 2012, to select candidates for the Blanding City Justice Court to replace Judge James J. Harris who is retiring Dec. 31, 2012. The commission will begin meeting at 9:30 a.m. at the Blanding City Hall, 50 West 100 South.

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 10:30 a.m. to 11 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 Holly Frischknecht at (435) 750-1325 to request an appointment. Information on the Justice Court Nominating Commission members is available at www.utcourts.gov.

October 16, 2012
Contact: Nancy Volmer
(801) 578-3994

Lehi, UT---The Utah County Judicial Nominating Commission has scheduled a meeting on Nov. 15, 2012, to select candidates for the Saratoga Springs Justice Court and the Lehi Justice Court.

The Saratoga Springs vacancy is to replace Judge Keith Stoney and the Lehi vacancy is to replace Judge Paul Farr, both of whom are leaving Dec. 31, 2012. The commission will begin meeting at 9:00 a.m. at the Lehi City Building, 3600 153 North 100 East.

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 9:15 a.m. to 9:45 a.m. Following the public hearing, the meeting is closed to allow commission members to select a slate of three to five candidates for each vacancy.

Individuals interested in appearing before the commission should contact Holly Frischknecht at (435) 750-1325 to request an appointment. Information on the Justice Court Nominating Commission members is available at www.utcourts.gov.

JUSTICE COURT JUDICIAL NOMINATING COMMISSION SELECTION MEETING PLANNED
Lehi, UT---The Utah County Judicial Nominating Commission has scheduled a meeting on Nov. 15, 2012, to select candidates for the Saratoga Springs Justice Court and the Lehi Justice Court.

The Saratoga Springs vacancy is to replace Judge Keith Stoney and the Lehi vacancy is to replace Judge Paul Farr, both of whom are leaving Dec. 31, 2012. The commission will begin meeting at 9:00 a.m. at the Lehi City Building, 3600 153 North 100 East.
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 9:15 a.m. to 9:45 a.m. Following the public hearing, the meeting is closed to allow commission members to select a slate of three to five candidates for each vacancy.

Individuals interested in appearing before the commission should contact Holly Frischknecht at (435) 750-1325 to request an appointment. Information on the Justice Court Nominating Commission members is available at www.utcourts.gov.

Summary of amendments

Effective January 1, 2013
CJA 03-0202. Court referees prohibited. 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 04-0502. Expedited procedures for resolving discovery issues. Renumber CJA 10-1-306 and amend. Repeal CJA 10-1-201 and CJA 10-1-406. Describes a process for resolving discovery disputes quickly to minimize the impact on time to complete discovery.
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.
Effective April 1, 2013
CJA 02-0204. Local supplemental rules. Amend. Modifies the process by which local rules are approved.
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 04-0405. 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 04-0409. 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. Removes from the rule several justice courts no longer running DUI courts.

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.