Utah State Bar News & Announcements

MESSAGE FROM PRESIDENT LORI NELSON

Fall Forum

Please make plans to join us at the Fall Forum the evening of Thursday, November 8th, and all day Friday, the 9th, at the Little America Hotel. On Thursday evening, Ellyn S. Rosen, Counsel to the ABA Standing Committee on Professional Discipline will speak on Ethics 20/20 and the likely changes to the model rules. Professor Jeffrey J. Rachlinski will be our keynote speaker on Friday speaking on implicit bias. Professor Rachlinski holds a B.A. and an M.A. in psychology from the Johns Hopkins University, and a J.D. and a Ph.D. in Psychology from Stanford. The Fall Forum offers 8 hours CLE, including up to 2 hours of Professionalism and Civility credit and up to 5 hours of Ethics credit. Click here for a full Fall Forum schedule: http://www.utahbar.org/cle/fallforum/Welcome.html. To register, please click here: https://utahbar.org/cle/fallforum/2012_ff_registration.html. If you have already registered, you should have received a confirmation email. Please let cle@utahbar.org know if you have not received your confirmation. Thanks to our Fall Forum Committee Co-chairs, Susan B. Peterson and Richard M. Hartvigsen for their excellent work.

Snowmass Minute: Get your Summer getaway exactly the way you want it at Snowmass Village, Colorado! Enjoy enlightening CLE in the morning and fly fishing, rafting, or mountain biking in the afternoon. So much to choose from! Everything from fine dining or family fare can be found in the village and accommodations range from a luxurious room for two to mountain homes that have room for everyone in the clan. Mark July 17 – 20, 2013 on your calendar and visit
http://www.utahbar.org/cle/summerconvention/Welcome.html to book your Summer getaway with the Utah State Bar!

November 2012 E-News

-Nominations for Bar President-elect
-Bar Commission Openings
-In Memoriam - Judge Glen Edward Clark
-Utah State Bar Energy, Natural Resources & Environmental Law Section Award Recipients Named and Officers Elected
-CLE Calendar

Blanding, UT—The San Juan County Nominating Commission has selected three nominees for a vacancy at the Blanding Justice Court. The position will replace Judge James Harris who is retiring Dec. 31, 2012.

Following are the nominees followed by place of employment and residence:
• Honorable Lyon Hazelton, II, San Juan County and Monticello Justice Court judge, Monticello
• Edward Johnstun, counselor, Canyonlands Youth Center, Blanding
• William Walker, Battalion Ops NCO, U.S. Army, Blanding

A comment period will be held through Nov. 19, 2012, before a final candidate is selected by
Blanding Mayor Toni Turk, who has 30 days to make an appointment, which is subject to ratification by the Blanding City Council. The Utah Judicial Council must then certify the appointment. To submit written comments about the candidates, contact Holly Frischknecht, Administrative Office of the Courts, hollyf@utcourts.gov.

Lifetime Service, Distinguished Service, Professionalism, Mentors & Pro Bono Service.

SALT LAKE CITY, UTAH - Utah State Bar President Lori Nelson honored seven accomplished lawyers, three judges and a prominent local CPA today during the Utah State Bar’s Annual Fall Forum held at the Little America Hotel. “It is such an honor to recognize these amazing people for their hard work and service for the public good. We are proud and grateful for the diligent efforts each one has made to improve the lives of others and by these awards publically express that gratitude for their devotion to being effective problem solvers,” said Nelson. Those recognized today include:

The 1st Annual Fittest Lawyer in Utah Competition was held Saturday, October 27. The event, co-sponsored by the Anne Stirba Cancer Foundation and Salt Lake City CrossFit, raised $1,000 for the Huntsman Cancer Institute. Everyone enjoyed the successful event. The tradition will continue with the 2nd Annual Fittest Lawyer in Utah Competition tentatively scheduled for Saturday April 27th.

Winners of the Men's Division: 1st place: Jack Nelson, 2nd place: David Garbett, 3rd place: Ryan Atkinson



Winners of the Women's Division: 1st place: Meghan Sheridan, 2nd place: Elise Reinert, 3rd place: Artemis Vamianakis



Winner of the Master's division: 1st place: Josh Peterman, 2nd place: Chad Shattuck, 3rd place: Robert Eder

Salt Lake City, Utah—The public’s trust and confidence in the Utah State Courts remains high, according to results from a survey commissioned by the Utah Judicial Council this past summer. Survey results show that 81 percent of respondents rank Utah’s court system as good to excellent, compared to 78 percent in a 2006 survey.
The Judicial Council commissioned the survey to determine the public’s level of trust and confidence in Utah’s court system and to compare the results to the 2006 survey. The survey measured the public’s knowledge, experience, and expectations of the courts.
When comparing the 2012 survey results to 2006, the most notable changes were in how the public learns about the courts. For example, while TV news programs were listed as a frequent source of information, reliance on the Internet increased dramatically over the past six years from 22 percent to 51 percent. The survey found that 60 percent of citizens—under the age of 45—rely on the Internet for court information, often or sometimes.

Survey results also showed that individuals who were involved with the courts through jury duty were more confident in the system. Fifty percent of jurors reported that they had more confidence in the courts as a result of participating in jury service.

The Judicial Council also learned that economic barriers—including the cost of hiring an attorney, time away from work and court fees—did or would prevent some individuals from going to court.
“The Judicial Council will use the data to look at how the courts can improve services to the public,” said Utah State Court Administrator Dan Becker. “We will concentrate our efforts to improve communication to minority communities and work to minimize the barriers that are keeping the public from accessing their courts.”

West Valley, UT - The Salt Lake County Nominating Commission has selected four nominees for a vacancy at the West Valley City Justice Court. The position will replace Judge Keith Stoney who is retiring Dec. 31, 2012.
Following are the nominees followed by place of employment and residence:
• Clint Gilmore, Assistant Chief Prosecutor, West Valley City
• Honorable Sydney Magid, Salt Lake City Justice Court Judge, Salt Lake City
• Janet Miller, attorney, Holladay
• Narda Baes-Nordell, Deputy District Attorney, Salt Lake City
A comment period will be held through Nov. 26, 2012, before a final candidate is selected by West Valley City Manager Wayne Pyle, who has 30 days to make an appointment, which is subject to ratification by the West Valley City Council. The Utah Judicial Council must then certify the appointment. To submit written comments about the candidates, contact Holly Frischknecht, Administrative Office of the Courts, hollyf@utcourts.gov.

The Supreme Court and the Judicial Council invite comments to proposed amendments to the following court rules. The comment period expires January 7, 2013.

Summary of proposed amendments
Rules of Juvenile Procedure

URJP 020. Discovery generally. Amend. Provides that the financial disclosure requirements of the civil discovery rule do not apply in juvenile court unless ordered.

Rules of Small Claims Procedure

URSCP 003. Service of the affidavit. Amend. Clarifies that a small claims affidavit and summons may be served by any method of personal service authorized by URCP 4. Allows alternative service in a small claims case.

Rules of Evidence

URE 1101. Applicability of Rules. Amend. Makes URE applicable to preliminary hearings in criminal cases. Effective October 24, 2012 under Rule 11-105(5). Subject to change after the comment period.

Code of Judicial Administration

CJA 01-0204. Executive committees. Amend. Gives the Management Committee the authority to hear procurement protest appeals. Effective November 19, 2012 under Rule 2-205. Subject to change after the comment period.

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 which need not be your real address. This is a public site. 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@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.

The Judicial Council has approved amendments to the following Utah court rules. The amendments are effective April 1, 2013.

Summary of amendments

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.

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.