Utah State Bar News & Announcements

Saratoga Springs, UT - The Utah County Nominating Commission has selected four nominees for a vacancy at the Saratoga Springs 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:
• Honorable Randy Birch, Heber City Justice Court Judge, Heber City
• Honorable Sydney Magid, Salt Lake City Justice Court Judge, Salt Lake City
• Camille Buhman, Duval & Moody Law Firm, Orem
• Carolyn Howard, Bartholomey & Associates Law Firm, and Associate Professor, Utah Valley University, Provo

A comment period will be held through Dec. 10, 2012, before a final candidate is selected by
Saratoga Springs Mayor Mia Love, who has 30 days to make an appointment, which is subject to ratification by the Saratoga Springs 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.

Lehi, UT - The Utah County Nominating Commission has selected four nominees for a vacancy at the Lehi Justice Court. The position will replace Judge Paul Farr who is leaving Dec. 31, 2012.
Following are the nominees followed by place of employment and residence:
•Honorable Randy Birch, Heber City Justice Court Judge, Heber City
•Honorable Sydney Magid, Salt Lake City Justice Court Judge, Salt Lake City
•Doug Nielsen, Petro & Nielsen Law Firm, Spanish Fork
•Mark Smedley, Heber City Prosecutor, Heber City
A comment period will be held through Dec. 10, 2012, before a final candidate is selected by Lehi City Mayor Bert Wilson, who has 30 days to make an appointment, which is subject to ratification by the Lehi 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.

MESSAGE FROM PRESIDENT LORI NELSON

December is upon us. I love this time of year. There is so much happening and so many opportunities for doing good that the whole world seems happier. Many of you may be participating in the annual law firm competition to donate to the Utah Food Bank. Many others may be participating in Sub-for-Santa programs, or other similar programs to help those in need. Thank you for all you do to give back.

I wanted to report on the contribution to the S.J. Quinney School of Law building the commission voted to approve. The Bar will be donating approximately $49,500 to the law school building after counting the 113 individuals that opted out (which totaled $500.28 in reduction in the contribution). This building will provide many benefits to Bar members and to the Bar itself in providing space that is more conducive to our large activities with significant technological benefits. We are hoping to be able to use the building’s services to provide live, real-time CLE state wide. This will assist those in rural areas to participate in CLE programs based in Salt Lake.

Also, watch for a message in the next few weeks regarding Modest Means. That program is designed to match attorneys who agree to work for a reduced rate with individuals who do not qualify for a pro bono attorney but cannot afford legal services without assistance. The Bar is looking for attorneys to participate in the program and for others to be a Modest Means Mentor. This is not the mentoring program, but a separate program that allows an experienced attorney to provide mentoring on a one-time, or short-term basis to assist a Modest Means attorney in working through a case.

I hope everyone has the Spring Convention calendared. The dates are March 14-16 and I know the committee has been working hard to put together a great program for you. Also, mark your calendars for the annual Summer Convention in Snowmass/Aspen. The dates for that convention are July 17-20. We are working to put together CLE and activities that will make the event memorable for attorneys and their entire families.

St. George, UT--- A panel of judges is scheduled to meet on Jan. 10, 2013, to hear testimony to determine if reasonable cause exists to call a grand jury. The meeting will take place in the Fifth Judicial District Courthouse, 206 West Tabernacle, St. George.
Those wanting to testify before the panel of judges should contact District Court Administrator Debra Moore at (801) 578-3800 by Jan. 3, 2013, to schedule an appointment. If no appointments are scheduled by Jan. 3, 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 Terry L. Christiansen, 3rd District Court; Judge Steven L. Hansen, 4th District Court; Judge Eric A. Ludlow, 5th 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.
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Nancy Volmer
Utah State Courts
Public Information Office
(801) 578-3994
Cell: (801) 712-4545
Fax: (801) 578-3843

West Valley City, UT- West Valley City Manager Wayne Pyle has announced the appointment of Clintepious T. Gilmore to fill a West Valley City Justice Court vacancy. The position will replace Judge Keith Stoney who will retire Dec. 31, 2012.
Gilmore has worked for the West Valley City Prosecutor’s Office since 2005. He was promoted to senior prosecuting attorney in 2010, and to assistant chief prosecuting attorney position in 2011. Gilmore has also prosecuted cases as a special deputy district attorney for the Salt Lake County District Attorney’s Office and served as a special assistant United States Attorney’s Office for the District of Utah. He was honored with the Director’s Award for Superior Performance from the Executive Office of the United States Attorneys in Washington, D.C. in 2007, for his work in the United States Attorney’s Office for the District of Utah.

Gilmore received a law degree from the S.J. Quinney College of Law in 2003, and a Bachelor of Arts from Brigham Young University in 2000. He has served as a legal instructor for the Peace Officer Standards and Training Academy and the Utah Correctional Officer Academy for the Utah Department of Public Safety.
Gilmore’s appointment to the bench is subject completion of the court’s new judge orientation and certification 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

Blanding, UT- Blanding City Mayor Toni Turk has announced the appointment of William Walker to fill a Blanding Justice Court vacancy. The position will replace Judge James Harris who will retire Dec. 31, 2012.
Walker has served for the past 22 years for the Utah National Guard. During this time, he has worked as an organization operations supervisor, a department operations supervisor, and a department team leader. Walker attended American Military University where he studied Information Technology Management.

Turk’s appointment to the bench is subject to completion of the court’s new judge orientation and certification 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

Summary of proposed amendments
Rules of Criminal Procedure
URCrP 007. Proceedings before magistrate. Amend. Authorizes a magistrate to issue a material witness warrant at the same time bail is fixed.
URCrP 040. Search warrants. Amend. Makes all sealed search warrants public after six months. The prosecutor or law enforcement officer may apply for additional six month sealing periods.
Code of Judicial Administration
CJA 04-0503. Mandatory electronic filing. Amend. Requires the electronic filer to use a personal identity with an e-filing interface, rather than someone else's.
CJA 04-0508. Guidelines for ruling on a motion to waive fees. New. Establishes guidelines for ruling on a motion to waive fees. Requires use of court-approved forms.
CJA 11-0201. Senior judges. Amend. Removes reference to the Judicial Council's attorney survey for certification of senior judges.

FOR IMMEDIATE RELEASE
December 20, 2012
Contact: Nancy Volmer
(801) 578-3994
Cell: (801) 712-4545
NOMINEE NAMED TO FILL LEHI CITY JUSTICE COURT VACANCY
Lehi City, UT—Lehi City Manager Bert Wilson has announced the appointment of Douglas J. Nielsen to fill the Lehi City Justice Court vacancy. The position will replace the Honorable Paul R. Farr who will become a full-time judge for the Sandy City Justice Court on January 1, 2013.
Nielsen is currently a partner in the law office of Petro & Nielsen and worked previously for the law office of Young, Kester & Petro. He received a law degree from Oklahoma City University in 2007, and from Utah State University in 2004.
Nielsen’s appointment to the bench is subject completion of the court’s new judge orientation and certification 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