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February 2013 Archives

February 1, 2013


February 1, 2013
Contact: Nancy Volmer
(801) 578-3994
Cell: (801) 712-4545

Logan, UT---Judge Ben H. Hadfield has been named presiding judge for the First District Court for a two-year term. Judge Hadfield replaces Judge Clint Judkins who is retiring. Judge Jeffrey R. Burbank will remain as Associate Presiding Judge.
The presiding judges are responsible for the effective operation of their courts. According to court Rule 3-104, presiding judges are responsible for implementation and enforcement of statutes, rules, policies, and directives of the Utah Judicial Council as they pertain to the administration of the courts. The presiding judge is responsible for assigning cases and judges.
Presiding judges and associate presiding judges are elected by a majority vote of the judges of their court. When the presiding judge is unavailable, the associate presiding judge assumes his or her responsibilities.

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February 4, 2013

An Introduction to U.S. Citizenship and Immigration Services Electronic Immigration System (USCIS ELIS)

As Chief of the U.S. Citizenship and Immigration Services (USCIS), Office of Transformation Coordination, I want to personally inform you of enhancements to the agency’s electronic immigration system, known as USCIS ELIS. On May 22, 2012, USCIS launched the foundational release of USCIS ELIS, which provides a streamlined, Web-based process for individuals, attorneys, and accredited representatives to submit and track their benefit requests. As of January 14, 2013, new USCIS ELIS features allow attorneys and accredited representatives to electronically interact with clients, who can now verify, review, and e-sign their benefit requests. The new system features are part of our continuous effort to better serve our customers and move USCIS to an electronic environment. USCIS ELIS will gradually expand to include more features and functions until most types of immigration benefit requests can be electronically filed.
Please review the “E-Filing Steps for Representatives Web page” for more information on how to use the new features. Additionally, USCIS created a guide with tips and filing instructions to assist attorneys and accredited representatives. To access USCIS ELIS, please visithttp://www.uscis.gov/uscis-elis.

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Voluntary Good Practices Guidance to Combat Money Laundering and Terrorist Financing

The ABA Task Force on Gatekeeper Regulation and the Profession has worked with other entities to develop voluntary good practices guidance for lawyers to combat money laundering and terrorist financing. The Task Force has concerns about how mandatory gatekeeper provisions might affect confidential attorney-client relationships and other issues. Below are two publications from the ABA Task Force.
Voluntary Good Practices Guidance for Lawyers to Detect and Combat Money Laundering and Terrorist Financing [PDF]
FAQs on the Gatekeeper Initiative and Voluntary Good Practices Guidance [PDF]

February 7, 2013

e.Bulletin for February 2013


Modest Means Program
The Utah Courts are currently seeing an explosion of cases with pro se litigants. They cannot afford full-priced legal assistance, but do not qualify for pro bono legal services either. Programs and services like public defenders, Utah Legal Services, Legal Aid of Utah, the Disability Law Center, and legal clinics throughout the state admirably provide limited legal representation for the poorest members of our community but, for a large segment of the middle class, obtaining affordable legal services is more difficult. To an increasing segment of society, we are viewed as being out of reach. We also have attorneys who are experiencing a downturn in their practices given the economy, or new lawyers looking to create or expand their practices. The Bar Commission has created a program to match the unmet need of clients and the available time of attorneys. The Utah State Bar Modest Means Program is designed to bridge the gap and match paying clients with attorneys who want to supplement their clientele, but are willing to charge lower fees to these modest means clients. The program will focus on needs most commonly encountered at the courts, including family, landlord/tenant, consumer, and criminal law. We have started taking referrals through the program and are in need of more attorneys, both to work for clients and to advise younger attorneys in need of experienced assistance; please join us at http://www.utahbar.org/modestmeans/

Thank you!
February 2013 E-News
• Bar Day at the Legislature
• 2013 Spring Convention in St. George
• 2013 Elections - Notice of Online Balloting
• 2013 Summer Convention at Snowmass Village
• MCLE Reminder of Odd Year MCLE Reporting Cycle
1.Bar Day at the Legislature - The Utah State Bar is presenting its Annual Bar Day at the Legislature CLE on Tuesday, February 19th from 9:00 am to 12:15 pm at the State Office Building Auditorium. Presenters include Senate President Wayne Niederhauser, House Speaker Becky Lockhart, Lt. Governor Greg Bell and Chief Justice Matthew Durrant. Topics will cover current issues facing the state government, Utah's financial environment, the legislative process and communication with legislators. The event is approved for 3 hours of CLE. Early registration will be $50 and must be received by Friday, February 15th. (Registration will increase to $75 for those registering after the 15th.) Attendance is limited to the first 100 registrants. Registration is available online and can be found at: https://utahbar.org/cle/events/registration/day_at_legislature.html
2.2013 Spring Convention in St. George - Register and make accommodation arrangements for the Spring Convention in St. George, March 14 - 16, 2013. Our keynote speakers include Paula E. Litt who is a co-founder of Schopf & Weiss, a Chicago business litigation boutique where she serves on the firm’s Executive Committee. Ms. Litt has been named as one of the Top Ten Super Lawyers in Illinois and will be speaking to us on how to get and retain business. We will also be please to hear from George M. Feiger, Ph.D. Dr. Feiger heads Contango Capital Advisors, a subsidiary of Zions Bancorporation and also serves as Executive Vice President of Zions Bank. Dr. Feiger is the recipient of a Fulbright Fellowship, holds a Ph.D. in economics from Harvard University and has lectured in that institution’s Department of Economics, before moving to the Stanford University Graduate School of Business as an associate professor of finance. Join us for an exciting and eventful convention! Book early for the best rooms and rates. http://www.utahbar.org/cle/springconvention/Welcome.html
3.2013 Elections - Notice of Online Balloting - Utah State Bar elections will begin April 1 and conclude April 15, 2013. A link to the online election will be supplied in an email sent to your email address of record. Please check the Bar’s website at http://www.utahbar.org/forms/members_directory_search.html to see what email information you have on file. You may update your email address information by using your Utah State Bar login at http://www.myutahbar.org. (If you do not have your login information, please contact onlineservices@utahbar.org and our staff will respond to your request.) Upon request, the Bar will provide a traditional paper ballot by contacting Christy Abad at adminasst@utahbar.org.
4.2013 Summer Convention at Snowmass Village - July 17-20, 2013 - You can do it all in Snowmass this summer, and with lodging beginning at $99 a night, it can be the perfect working vacation. Learn the latest about your practice area (and earn CLE credit for the 2011-2013 reporting year), catch “mammoth” fever at the Snowmass Ice Age Discovery Center, hear Justice Scalia, and enjoy golf, fly fishing, paragliding, four-wheeling, hot air ballooning, and river rafting with your colleagues and family. Snowmass/Aspen has consistently been rated the #1 resort in North America for dining. With nearly 100 restaurants to choose from, you'll find menus to please every palate. Registration will begin following the Spring Convention. Book your lodging and adventures early. http://www.utahbar.org/cle/summerconvention/Welcome.html
5.MCLE Reminder of Odd Year MCLE Reporting Cycle - July 1, 2011 – June 30, 2013 Active Status Lawyers complying in 2013 are required to complete a minimum of 24 hours of Utah approved CLE, which shall include a minimum of three hours of accredited ethics. One of the ethics hours shall be in the area of professionalism and civility. (A minimum of twelve hours must be live in-person CLE.) For more information and to obtain a Certificate of Compliance, please visit our website at www.utahbar.org/mcle. If you have any questions, please contact Sydnie Kuhre, MCLE Director at sydnie.kuhre@utahbar.org or (801) 297-7035 or Ryan Rapier, MCLE Assistant at ryan.rapier@utahbar.org or (801) 297-7034.
6.See the numerous CLE seminar offerings through the Utah State Bar CLE Department: http://www.utahbar.org/cle/events/ and/or the Section lunches: http://www.utahbar.org/cle/events/html/section_luncheons.html

"I have a question or comment for the Bar President" - UtahBarPresident.LoriNelson@utahbar.org

February 14, 2013

Notice to Attorneys - Strict Enforcement of E-filing Requirement

The Utah Judicial Council rule requiring electronic filing in civil and domestic cases will be in effect on Monday, April 1. On April 1 the district court will no longer accept paper documents for filing from attorneys in civil cases other than probate.
The Board of District Court Judges has decided that no grace period or other exceptions to the mandatory e-filing rule will be allowed. The rule will be strictly enforced on the effective date. On April 1, documents brought to the courthouse will not be accepted for filing. Documents left in a night dropbox or received in the mail that are time-stamped or postmarked after 11:59 p.m. on March 31 may be destroyed.
To begin efiling, attorneys must set up an account with any of the following certified efiling service providers:
• Green Filing, LLC: www.greenfiling.com
• Tybera Development Group, Inc.: https://efiling.utahbar.org
• JudiciaLink, LLC: www.judicialink.com
More information is available on the Utah State Court’s website: www.utcourts.gov/efiling
The mandatory e-filing rule can be viewed at: http://www.utcourts.gov/resources/rules/ucja/ch04/4-503.htm

February 25, 2013

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 April 1, 2013, unless otherwise noted.

Summary of amendments
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. Will not prohibit a paralegal or administrative assistant from filing on an attorney’s behalf.

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.

Rules of Civil Procedure

URCP 005. Service and filing of pleadings and other papers. Amend. Requires a certificate of service appended to each document that has to be served. Permits the court to serve documents by email. Email to lawyers will be to the email address on file with the Utah State Bar.

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.

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.

Rules of Juvenile Procedure

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

Rules of Small Claims Procedure

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

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.

About February 2013

This page contains all entries posted to Utah State Bar News & Announcements in February 2013. They are listed from oldest to newest.

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