Utah State Bar News & Announcements

November 2009 e.Bulletin

2009-11-05T09:29:10Z

MESSAGE FROM PRESIDENT STEPHEN W. OWENS Successful Pro Bono Event I want to offer an earnest “thank you” to the wonderful attorneys and paralegals who graciously gave of their time and expertise at the free legal clinic last week at the St. Vincent de Paul Community Center. On a cold and snowy day, we served a hardy hot lunch and distributed mittens to hundreds of homeless and low income people and we remained at the Center well into the afternoon, providing free legal assistance to 50-60 individuals. Local newspapers and television news acknowledged our efforts. http://webster.utahbar.org/news/2009/10/ksl_news_attorneys_volunteer_t.html Thanks to our event co-chairs, Candice Vogel and Dave Hall. Try to always have a pro bono case. You will be a hero to someone. Rule 6.1 of the Rules of Professional Conduct establishes an aspirational goal of 50 hours per year or a contribution in the equivalent of ten dollars per hour to organizations that represent our needy, such as “…and Justice for All.” Pro Bono work provides additional benefits for those of us who are currently underemployed to stay involved

November 2009 E-News

2009 Fall Forum

State Courts Announce Voluntary E-filing

The Judicial Performance Evaluation Commission needs your input!

Bookmark this! http://litigation.utahbar.org/

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2009 Fall Forum - Make plans to attend the 2009 Fall Forum – the evening of Thursday, November 12th and all day Friday the 13th at the Downtown Marriott. There are 30 cutting edge breakout sessions and terrific keynote speakers. The early registration deadline is this Friday, November 6th. The Fall Forum offers 9.5 Hrs. CLE or NLCLE, including up to 5 hours ethics and 1 hour of professionalism/civility. The Downtown Marriott is located at 75 W. South Temple. For a full agenda click here: http://www.utahbar.org/cle/fallforum/Welcome.html. To register, please click here: https://utahbar.org/cle/fallforum/registration.html. Thanks to co-chairs Judge Kate Toomey and Amy Dolce.

State Courts Announce Voluntary E-filing - The Administrative Office of the Courts has announced that voluntary e-filing for general civil cases in the 2nd District is scheduled to begin November 9, 2009. E-filing in the rest of the state will be available starting early next year and should follow the court's announced release schedule. Domestic matters and criminal filings will not be available for a while and those roll out dates will be released later by the courts. You will find more information on the court's voluntary e-filing system, as well as information about developing your own dedicated interface, at http://www.utcourts.gov/efiling. You may register now for an account with Tybera through the Bar’s website at http://efiling.utahbar.org. If you have any questions about efiling go to http://www.utahbar.org/efiling or contact us at efiling@utahbar.org.

The Judicial Performance Evaluation Commission needs your input! - If you’ve ever wanted your voice to be heard when it comes to how judges are evaluated, now’s the time to speak up. The commission is beginning to develop the new attorney survey that will soon be used to evaluate state court judges. As a first step, the commission is soliciting input from a variety of practitioners who appear in the district and juvenile courts. The commission invites your participation in one of two focus groups: 1) Thursday, November 12th, from 4-6 pm in Salt Lake at the Matheson Courthouse; 2) Tuesday, November 17th, from 4-6 pm, in the Orem offices of Kirton & McConkie. If you are interested in participating in either group, please contact jslotnik@utah.gov

Bookmark this! - The Litigation Section has created a website that offers useful online tools, links to 59 district court judges benchbooks, articles contributed by fellow attorneys, a calendar of upcoming CLEs of interest to litigators and much more! Please visit the new and improved website and give us your feedback: http://litigation.utahbar.org/. You can email the Litigation Section at litigationsec@utahbar.org.

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

SL Tribune: Help lawyers help the homeless and the hungry

2009-10-29T08:13:11Z

By Peg McEntee Tribune Columnist Updated: 10/29/2009 08:00:16 AM MDT Peg McEntee (The Salt Lake Tribune)Leonard W. Burningham is a tall, rangy guy, and you can just see him cooking up tubs full of turkey dressing to help feed the homeless during the holidays. It's something the securities attorney has been doing since 1979, and this year, he wants every attorney in Salt Lake County, if not the state, to provide a full meal for those in need. And why not? "There are more attorneys than there are people," he jokes. It's not just about food, either: Burningham, his family, friends, lawyers, firms and court personnel also will, as they have in the past, collect clothing, household goods and personal care kits for those who need them. OK, OK, I can hear the lawyer jokes already. But this is a good thing. It all started that first Thanksgiving, when Burningham was alone, his family out of town. He went out and bought a couple of cases of eggnog and headed for the Eagle Ranch Ministries' Jennie Dudley and her makeshift kitchen under the 400 South viaduct. There were hams and turkeys and luscious pastries, he said. But the meal needed mashed potatoes and particularly dressing, which Burningham, an avid cook, considers to be one of his specialties. Through the years, Burningham's crusade expanded to the Rescue Mission, the YWCA's shelter for abused women and children and the Utah Food Bank. "It just kind of grew," Burningham says. "Court administrators, secretaries, paralegals, everybody helped." Lincoln Mead, IT director at the Utah Bar Association, has worked with Burningham for about a decade. "He's a really, really engaged guy who absolutely loves what he does," Mead says. "He's never lost his enthusiasm for this project. Every year he drives a little farther and a little harder." At 68, Burningham still works at his Salt Lake firm along with his two grown sons, but tries to leave the office at about 2:30 p.m. to meet up with his 9-year-old after school for taekwondo and homework. His work, the food-and-clothing project and his family are the fruit of "all the dreams you have when you're 25," Burningham says. "It's amazing." And it's not just his own kids who get Burningham's attention, Mead says. One day, he mentioned that his son had gotten interested in all things military, and a couple of months later, the boy started getting Armchair General magazine, courtesy of Burningham. "He catches on to things like that and just takes action on it," Mead says. "We see it at the food and clothing drive... there's a huge crowd behind him, helping out." The "Twentieth Annual Lawyers & Court Personnel Food & Winter Clothing Drive for the Less Fortunate" wraps up on Dec. 18. For information on how and when to participate, e-mail Burningham at lwb@burninglaw.com. [or please visit www.utahbar.org/members/foodclothingdrive.html --Bar staff] pegmcentee@sltrib.com

KSL News - Attorneys volunteer to give free legal advice

2009-10-28T08:32:35Z

By Carole Mikita

Video Courtesy of KSL.com

SALT LAKE CITY -- Some Utah lawyers are joining a national movement this week to offer free legal advice to people who can't afford it. The attorneys reached out first to those in Salt Lake City who are homeless. Members of the Utah Bar Association are participating in a national pro bono week with attorneys in 39 states. They hope, with their experience, to provide useful information to those in our community who feel they don't have a voice. On Tuesday, 25 lawyers volunteered to serve equal parts of lunch and legal advice to people who wouldn't get either without help. The economic downturn has created more people without jobs or homes who need help. 25 lawyers volunteered Tuesday to serve equal parts of lunch and legal advice to people who wouldn't get either without help "There tends to be a lot of immigration issues, minor criminal issues, family law issues; but the whole full spectrum," says Dave Hall, co-chair of the Utah Pro Bono Week Celebration. That spectrum also includes housing issues, disputes with landlords, employment problems--particularly with unclaimed wages--and there are family matters. "Mom's trying to get custody of her kids, trying to get a divorce, trying to flee from a domestic abuse or violence situation; a lot of family law," explains Jose Lazaro, director of St. Vincent de Paul Basic Needs Services. Every week an attorney volunteers a few hours of his or her time to the homeless, but it is never enough. This Tuesday, they talked, shared information and provided gloves that included the phone number for low-income legal services to each client. The attorneys say that even in just a few minutes they can do a lot to help one of these clients. "We can tell them which court they need to go to, which questions to ask. Sometimes they just need to fill out a form to get their benefits restarted," says Candice Vogel, co-chair of the Utah Pro Bono Week Celebration. One man KSL News spoke with says, for him, it was at least a beginning. "It's very helpful, because it calms you down and it just gets your mind where, if everybody can't help you, they can give you some good resources," Max says. The attorneys are offering free legal clinics at 22 locations around the state this week. CLICK HERE for a list of times and locations. E-mail: cmikita@ksl.com

3rd District Court Nominees Selected

2009-10-23T15:51:53Z

NOMINEES ANNOUNCED FOR THIRD DISTRICT COURT VACANCY Salt Lake City, UT--The 3rd District Judicial Nominating Commission has selected five nominees for a vacancy on the 3rd District Court bench. The position replaces Judge Sheila McCleve who retired July 1, 2009. The 3rd Judicial District is comprised of Salt Lake, Summit, and Tooele counties. The nominees are as follows: Katherine Bernards-Goodman, of Sandy, assistant division chief, Salt Lake County District Attorney’s Office; Evelyn “Eve” J. Furse, of Peoa, senior city attorney, Salt Lake City Corporation; Steven K. Gordon, of Park City, attorney, Durham, Jones & Pinegar; Keith A. Kelly, of Salt Lake City, shareholder and director, Ray, Quinney & Nebeker; and Andrew H. Stone, of Salt Lake City, shareholder, Jones, Waldo, Holbrook & McDonough. A 10-day public comment period will be held before the names are submitted to the Governor. Third District Nominating Commission Chair Trina Higgins is accepting written comments regarding the nominees at the Administrative Office of the Courts, P.O. Box 140241, Salt Lake City, UT, 84114-0241. The deadline for written comments is 5 p.m. on October 26, 2009. The commission may request further interviews or an investigation of the nominees after reviewing public comments. After the public comment period, the names will be sent to the Governor who has 30 days to select a candidate. The Governor’s nominee is then forwarded to the Senate Confirmation Committee, which reviews the nominee’s qualifications and conducts a public hearing and interview session. The Senate Confirmation Committee will forward the final nominee to the Utah State Senate, which has 60 days from the Governor’s nomination to confirm the nominee.

Notice of Proposed Amendments to Utah Court Rules

2009-10-08T17:25:58Z

The Supreme Court and the Judicial Council invite comments to proposed amendments to the following court rules. The comment period expires November 17, 2009. Summary of proposed amendments: Rules of Civil Procedure URCP 065C. Post-conviction relief. Amend Recognizes Utah’s Post Conviction Remedies Act as the law governing post-conviction relief. Rules of Juvenile Procedure URJP 25A. Withdrawal of plea. New. Establishes standards and procedures for withdrawal of a plea in juvenile court. Code of Judicial Administration CJA 04-0409. Council Approval of Problem Solving Courts. Amend. Establish best-practices criteria and require recertification biannually. CJA 07-0304. Probation supervision. Amend. Add an assessment tool based on evidence-based practices for working with low-risk offenders. How to view redline text of the proposed amendments: To see proposed rule amendments and submit comments, click on this linkto: 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 and URL, which are optional. This is a public site. If you do not want to disclose your email address, omit it. Time does not permit us to acknowledge comments, but all will be considered. Submit comments directly through the website or to: Tim Shea Email: tims@email.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.

October e.Bulletin

2009-10-06T13:28:13Z

MESSAGE FROM PRESIDENT STEPHEN W. OWENS
Celebrate Pro Bono Week
October 25 - 31, 2009

The Utah State Bar along with the American Bar Association is launching a “Celebrate Pro Bono” week to draw focus to the increasing need for pro bono services during these unstable economic times and the unprecedented response of attorneys to meet this demand. A recent study suggests that 75% of lawyers donate at least 50 hours per year to pro bono services. This celebration provides an opportunity for the Utah legal community to recognize the contributions of our lawyers and to recruit additional volunteers to meet the growing need. Goals for our week-long celebration include:

Recognizing the pro bono efforts of Utah's lawyers
Recruiting more pro bono volunteers
Mobilizing community support for pro bono>/li>

We have an opportunity to serve lunch to low income and homeless individuals at the St. Vincent dePaul Resource Center (235 S. Rio Grande Street) in Salt Lake City on Tuesday, October 27, 2009. Following the meal, lawyers will offer a free legal clinic, answering questions regarding a variety of legal topics. If you are interested in participating in this event please contact Christy Abad at adminasst@utahbar.org or register online at http://www.utahbar.org/cle/events/pro_bono_week.html. Also on October 27th, there will be a free legal clinic at Utah Valley University from 6-8 p.m. in the Timpanogos Room of Utah Valley University Library (800 W. University Parkway, Orem). Utah County attorneys available to give their time and expertise should contact the Legal Studies Office 801-863-8134 or email Jill.Jasperson@byulaw.net. More information on these and other events is available on the Bar’s website at http://www.utahbar.org/assets/pro_bono_chart.pdf. We hope that you will find a way to serve!

]]> October 2009 E-News

Application Deadline Approaching for Bar Representative on the Utah Sentencing Commission
Staff Position Opening at Utah State Bar - Mentoring Program Administrator
Utah Minority Bar Association Annual Scholarship and Awards Banquet Friday, October 23, 2009
Fall Forum 2009 November 12th & 13th at the Downtown Marriott
Cyber-fraud Targeting Utah Lawyers
Breakfast with the Bar President

Deadline Approaching - Attorneys who are interested in serving on the Utah Sentencing Commission as the Bar's representative must submit a letter of application and resume no later than Monday, October 12, 2009 to Christy Abad at adminasst@utahbar.org.
Staff Position Opening at Utah State Bar - The Utah State Bar is seeking a highly-qualified staff administrator to coordinate a new program which matches new lawyers with seasoned volunteer lawyer-mentors. The position requires a knowledge of the Utah legal profession and the culture of the practice of law. The position also requires exceptional organizational skills and familiarity with data input, retention, and retrieval. Please send resumes and letters of interest with references via e-mail to Connie Howard at choward@utahbar.org. The deadline for receiving applications is October 15th, 2009. Information at: http://webster.utahbar.org/marketplace/2009/09/staff_position_opening_at_utah.html.
Utah Minority Bar Association Annual Scholarship and Awards Banquet - Please join the Minority Bar Association at its annual scholarship and awards banquet on Friday, October 23, 2009 at the downtown Radisson Hotel. The theme for this year's Banquet is "Diversity as a Foundation for Excellence” and the keynote speaker will be Scott M. Matheson, Jr. The banquet features a silent auction, the proceeds of which are combined with sponsor generosity to provide scholarships to deserving law students. In 2008, the Minority Bar was able to provide $9,500 in scholarships. For more information or to RSVP, please visit: http://www.umbalaw.org/.
Fall Forum 2009 November 12th & 13th at the Downtown Marriott - Join the largest growing convention of the Utah State Bar. The Fall Forum at the Downtown Marriott will feature keynote addresses by documentary film producer George Nierenberg; and, John Polise, Asst. Director of the Division of Enforcement for the Securities and Exchange Commission. Their topics will address fraud in America. Our lunch speaker is Adriana Linares, a recognized speaker for the ABA TechShow. Ms. Linares will counsel you on “Technology Therapy for your Law Firm” In addition, there will be 30 breakouts covering a multitude of topics including ethics, professionalism/civility, and transactional practice. In addition, we have included tracks focusing on taking care of yourself, law practice management and the most current or “hot” topics in different practice areas. To register please click on this site https://utahbar.org/cle/fallforum/registration.html
Cyber-fraud Targeting Lawyers - Members of the Bar should be aware of increasing cyber-fraud targeting lawyers. Cyber-criminals have become increasingly sophisticated and have invented complex new schemes designed to take advantage of the attorney-client privilege, trust accounts, and other services lawyers provide. In a typical scheme the cyber-criminal will seek to retain a law firm to collect a debt by posing as a legitimate foreign corporation seeking to collect from a legitimate local corporation. The cyber-criminals will often take extraordinary steps to make the matter look legitimate upon investigation. Ultimately, “payment” for the debt will be provided to the law firm through fraudulent means, often a check. The criminals hope that the law firm will deposit the bad check and then wire the funds to the “client” before the deposit is reversed. The law firm could be liable for a large amount of money irretrievably wired overseas. Lawyers in Utah recently have been targeted by cyber-criminals and we are likely to see an increase in this type of activity. Advice on protecting yourself may be found at the Internet Crime Complaint Center: http://www.ic3.gov/default.aspx
Breakfast with the Bar President - Breakfast with the Bar President is your opportunity to walk in or phone in (801-531-9077) to ask Steve Owens questions or share comments related to the Bar’s administration, finances, member resources, facilities, event support, and information technology. Enjoy a light continental breakfast on your way to the office. October breakfasts are planned for every Friday from 8 – 9 a.m. except for October 16th when the Bar Commission will be meeting with the Summit and Wasatch County Bar Associations.

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

Utah Judicial Council Members Named

2009-10-01T14:07:42Z

Salt Lake City, Utah—Two judges have been elected to the Utah Judicial Council to serve a three-year term: 3rd District Juvenile Court Judge Kimberly K. Hornak and 1st District Court Judge Thomas L. Willmore will begin their terms Oct. 1, 2009. These judges have replaced 2nd District Juvenile Court Judge Mark Andrus and 2nd District Court Judge Michael Lyon 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 Christine M. Durham chairs the Council, which consists of 14 members. Other members are as follows: Utah Supreme Court Justice Ronald E. Nehring, Court of Appeals Judge Gregory K. Orme, 3rd District Court Judge Judith S.H. Atherton, 5th District Court Judge G. Michael Westfall, 5th District Juvenile Court Judge Hans Q. Chamberlain, Saratoga Springs and West Valley Justice Court Judge Keith Stoney, West Valley Justice Court Judge Brendan P. McCullagh, Uintah County Justice Court Judge G.A. “Jody” Petry, Utah State Bar Representative Lori Nelson, Esq., 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.

Notice of Approved Amendments to Utah Court Rules

2009-09-29T14:24:00Z

The Supreme Court and Judicial Council have approved amendments to the following Utah court rules. Summary of amendments Rules of Evidence URE 0701. Opinion testimony by lay witnesses. Amend. Adds to the required grounds for opinion testimony by a lay witness that the opinion is not based on specialized knowledge within the scope of Rule 702. URE 0703. Bases of opinion testimony by experts. Amend. Prohibits inadmissible data used to form an expert opinion from being disclosed to the jury unless the probative value substantially outweighs the prejudicial effect. Rules Governing the Utah State Bar USB 14-0203. License categories. Amend. Specify that to qualify for the "active, under 3 years" category means to have practiced less than 3 years in any jurisdiction. USB 14-0507. Roster of lawyers and current record information. Amend. Require the Bar to collect, maintain and have ready access to a lawyer's e-mail address. Lawyer could still designate the e-mail address as private. USB 14-0103. Organization and management of the Bar. Amend. Establish on-line election of president-elect and commissioners. USB 14-0205. Board. Amend. Establish on-line election of president-elect and commissioners. USB 14-0206. Officers. Amend. Establish on-line election of president-elect and commissioners. USB 14-0510. Prosecution and appeals. Amend. The proposed amendments provide a right of appeal from an informal disciplinary proceeding, specify the rights of the complainant and respondent at the screening panel proceeding, and detail the exceptions and appeal procedures. Rules of Civil Procedure URCP 007. Pleadings allowed; motions, memoranda, hearings, orders, objection to commissioner’s order. Amend. Move process for objecting to a commissioner's recommendation from Rule 7 to Rule 101. URCP 076. Notice of contact information change. New. Requires attorneys and parties to inform the court of changes to contact information. URCP 101. Motion practice before court commissioners. Amend. Move process for objecting to a commissioner's recommendation from Rule 7 to Rule 101. Rules of Appellate Procedure URAP 19. Extraordinary writs. Amend. The amendment will require a petitioner seeking extraordinary relief to state whether interlocutory appeal was sought, and if so, the results of the petition. URAP 25. Brief of an amicus curiae or guardian ad litem. Amend. The proposal establishes specific deadlines for filing a brief of an amicus curiae. URAP 37. Suggestion of mootness; voluntary dismissal. Amend. The amendments clarify that a suggestion of mootness should be filed only when one or more, but less than all, of the issues have become moot. If all the issues are moot, a motion for voluntary dismissal must be filed. The amendments also establish a process for filing a request for dismissal. The request must be in the form of a motion and is subject to court approval. URAP 38. Substitution of counsel. Amend. The amendments clarify the process for substituting a party when a party becomes incompetent or for other causes. URAP 49. Petition for writ of certiorari. Amend. A petition of writ of certiorari shall include references to the record on appeal or to the opinion of the Court Appeals, rather than referring to both sources. URAP 50. Brief in opposition; reply brief; brief of an amicus curiae. Amend. The proposal establishes a more detailed process for submitting a proposed amicus brief, including the contents of the brief and deadlines. Code of Judicial Administration CJA 02-0104. Recording meetings. Amend. Modify provisions about Judicial Council audio record and minutes to conform to amendments to the Open and Public Meetings Act. CJA 03-0102. Assumption of judicial office. Amend. Make applicable to judges of courts of record and not of record. CJA 03-0306. Court interpreters. Repeal and Reenact. Clarifies the standards for appointing a certified, approved or conditionally approved interpreter. Improves the initial training requirements. Adds Guardianship and Conservatorship appointments to cases requiring a certified interpreter. Identifies the discipline process. Simplifies translation of forms. Permits hiring an interpreter as an employee. CJA 04-0202.02 Record classification. Amend Classifies business address, phone and email of a non-party as a public record. Residential and personal information of a non-party would remain private. CJA 04-0409. Council approval of Problem Solving Courts. Amend. Delete reference to repealed section of the Utah Code. CJA 04-0701. Failure to appear. Amend. Conforming to HB 292, eliminates the requirement for a criminal information before issuing a warrant for failure to appear in an infraction. CJA 04-0906. Guardian ad litem program. Amend. Provides that the Guardian ad Litem Oversight Committee appoints the director. 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 November 1, 2009, unless otherwise 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.

Chief Justice Presents Judicial Awards

2009-09-25T18:13:30Z

Salt Lake City, UT---The Utah Judicial Council has honored six individuals and one court team for outstanding contributions to the Judicial Branch. Chief Justice Christine M. Durham presented the awards on Sept. 17 during the Annual Awards Luncheon at The Homestead in Midway, Utah. The awards and recipients are as follows: Amicus Curiae Award—Roger O. Tew, Esq., Utah League of Cities and Towns; Service to the Courts Award—Doug Call, Division of Child and Family Services; Judicial Administration Award—Nancy Volmer, Administrative Office of the Courts; Meritorious Service Award—Barbara Procarione, 7th District Court; Virginia Baker, 8th District Juvenile Court; Hollie Curtis, 6th District Court; Records Quality Award—Lisa Collins, Utah Court of Appeals, Nicole Gray, Utah Court of Appeals, and Penny Rainaldi, Administrative Office of the Courts. The Utah Judicial Council directs the activities of all the Utah State Courts. The Judicial Council is responsible for adopting uniform rules for the administration of all courts in the state, setting standards for judicial performance, court facilities, support services, and judicial and nonjudicial personnel.

Utah Lawyer Picked For Law Committee

2009-09-25T18:04:13Z

Deseret News, September 24, 2009 -- Utah lawyer Paul Moxley has been appointed to serve on the American Bar Association's Standing Committee on the Federal Judiciary. The 15-member committee examines the qualifications of individuals nominated to the federal bench. Moxley, who handles criminal law, white collar criminal defense and commercial litigation, was named Attorney of the Year by the Utah State Bar. He also formerly headed the state bar. He is a partner in the Salt Lake City law firm of Parson Kinghorn Harris. Copyright C 2009 Deseret News Publishing Co. Provided by ProQuest Information and Learning Company. All rights Reserved.

Juvenile Court Reports To The Community

2009-09-25T17:54:19Z

Salt Lake City, Utah—The work of Utah’s juvenile courts is furthering community safety by helping juvenile offenders stop criminal behavior. At the same time, the court’s work is providing justice to victims. According to the recently released Juvenile Court Report Card to the Community, Utah’s juvenile courts are making a substantial contribution to further community safety. Utah’s juvenile courts have established six benchmarks—delinquency referrals, juvenile crime, restitution paid, law abiding behavior, drug testing, community service—from which to measure progress in furthering safety, restoring justice for victims, and reducing the risk of youth re-offending. Following is a re-cap of progress from 2008 on these benchmarks: ]]>

Delinquency referrals: Most youth appear in Juvenile Court for lesser offenses. In 2008, delinquency referrals—an important measure of juvenile behavior—to Juvenile Court consisted primarily of misdemeanor offenses (55%), followed by contempt of court (16%), and status offenses (15%). Only 7 percent of delinquency referrals were for felony offenses, the most severe type of offense.

Juvenile crime: In 2008, the per capita rate of juvenile offenses fell in most categories (felonies, misdemeanors, status, and traffic) when compared with 2007. The per capita rate of felony referrals was 8 per 1,000 youth, down from 9.3 in 2007.

Restitution paid: Restitution paid to crime victims in 2008, totaled more than $750,000, which means 94 percent of restitution due was paid.

Law abiding behavior: Whether or not a youth re-offends after being involved with the Juvenile Court is a valuable gauge of the success of the court’s programs. In 2006, the re-offense rate shows 67 percent of youth did not re-offend.

Drug testing: A juvenile offender’s resistance to drug use helps the court determine progress these youth are making toward law abiding behavior. In 2008, 82 percent of drug tests were negative.

Community service: Ordering community service is one way to hold delinquent youth accountable for the harm they have caused in the community. Community service hours in 2008, totaled nearly 410,000 hours or more than $1.6 million in taxpayer benefits; 92 percent of hours ordered were completed.

“Utah’s juvenile courts are providing an important service that is making a difference in kid’s lives and increasing community safety,” according to Utah Juvenile Court Administrator Ray Wahl. Utah citizens can review the report on the Utah State Court’s website at www.utcourts.gov/courts/juv

Third District Court Judicial Nominating Commission Selection Meeting Planned

2009-09-25T17:52:55Z

Salt Lake City, UT---The 3rd District Judicial Nominating Commission has scheduled a meeting for Oct. 1, 2009, at 9 a.m. to nominate a candidate to fill a vacancy that resulted when Judge Sheila McCleve retired July 1, 2009. The commission will meet at the Scott M. Matheson Courthouse, 450 South State, in the Judicial Council room. 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. through 10:15 a.m. Following the public hearing, the meeting is closed to allow commission members to select a minimum of seven candidates whose names will be forwarded to the Governor’s office to consider for appointment. The nominating commission does not take testimony on individual applicants. Individuals interested in appearing before the commission should contact the Administrative Office of the Courts at (801) 578-3800 to request an appointment.

Fourth District Court Judicial Nominating Commission Selection Meeting Planned

2009-09-25T17:49:22Z

Salt Lake City, UT---The 4th District Judicial Nominating Commission has scheduled a meeting for Oct. 5, 2009, at 9 a.m. to nominate a candidate to fill a vacancy that resulted when Judge Gary Stott retired July 1, 2009. The commission will meet at the Provo Courthouse, 125 North 100 West. 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. through 10:15 a.m. Following the public hearing, the meeting is closed to allow commission members to select a minimum of five candidates whose names will be forwarded to the Governor’s office to consider for appointment. The nominating commission does not take testimony on individual applicants. Individuals interested in appearing before the commission should contact the Administrative Office of the Courts at (801) 578-3800 to request an appointment.

ABA - Message from Utah State Delegate

2009-09-25T11:34:58Z

Dear ABA Utah Bar Members, Greetings! I am your new State Delegate to the ABA House of Delegates and will be attending my first meeting in that capacity in February of 2010. Paul Moxley, the previous State Delegate, participated in his last meeting in Chicago this past July. Paul has dedicated many years and a great deal of energy to the ABA and the Utah State Bar. We are fortunate that he has been willing to serve. Thank you, Paul, for your great representation of Utah. The following are some items that may be of interest to you: The Utah State Bar Commission will be appointing at least one (and probably two) new Utah State Bar delegates to the ABA House of Delegates. The Bar Commission is accepting letters of interest currently and will be making the appointments in the October Bar Commission meeting. I encourage you to submit your letter of interest if you think you would enjoy serving in the ABA House of Delegates. Karthik Nadesan recently was appointed to the position of Utah state membership chair for the ABA. Congratulations to Karthik. I am certain he would like to hear from you about methods for increasing ABA membership in Utah. Attached is a summary of the events and actions at the House of Delegates meeting in Chicago this summer.(Click here to view the PDF>>) A description of the resolutions of the House of Delegates begins on page 17 and includes issues affecting immigration, intellectual property, lawyer assistance, indigent defendants, international law, tort practice, human rights, and other areas. I encourage you to review the report for information that may impact your practice area or your interests generally. Please let me know if there is any particular information you would like me to provide to you in the future from the House of Delegates. I want to be a resource for you and keep you informed of ABA activities. Please feel free to send me an email or call me with your suggestions or questions. Thank you for your participation in the ABA. Charlotte L. Miller Cmiller@kmclaw.com 801 323 5941

Notice of Approved Amendments to Utah Court Rules

2009-09-23T10:18:37Z

The Supreme Court and Judicial Council have approved amendments to the following Utah court rules. Some of the amendments were first announced in the Spring. Others were more recently approved. Summary of amendments Rules of Evidence URE 0701. Opinion testimony by lay witnesses. Amend. Adds to the required grounds for opinion testimony by a lay witness that the opinion is not based on specialized knowledge within the scope of Rule 702. URE 0703. Bases of opinion testimony by experts. Amend. Prohibits inadmissible data used to form an expert opinion from being disclosed to the jury unless the probative value substantially outweighs the prejudicial effect. Rules Governing the Utah State Bar USB 14-0203. License categories. Amend. Specify that to qualify for the "active, under 3 years" category means to have practiced less than 3 years in any jurisdiction. USB 14-0507. Roster of lawyers and current record information. Amend. Require the Bar to collect, maintain and have ready access to a lawyer's e-mail address. Lawyer could still designate the e-mail address as private. USB 14-0103. Organization and management of the Bar. Amend. Establish on-line election of president-elect and commissioners. USB 14-0205. Board. Amend. Establish on-line election of president-elect and commissioners. USB 14-0206. Officers. Amend. Establish on-line election of president-elect and commissioners. USB 14-0510. Prosecution and appeals. Amend. The proposed amendments provide a right of appeal from an informal disciplinary proceeding, specify the rights of the complainant and respondent at the screening panel proceeding, and detail the exceptions and appeal procedures. Rules of Civil Procedure URCP 007. Pleadings allowed; motions, memoranda, hearings, orders, objection to commissioner’s order. Amend. Move process for objecting to a commissioner's recommendation from Rule 7 to Rule 101. URCP 076. Notice of contact information change. New. Requires attorneys and parties to inform the court of changes to contact information. URCP 101. Motion practice before court commissioners. Amend. Move process for objecting to a commissioner's recommendation from Rule 7 to Rule 101. Rules of Appellate Procedure URAP 19. Extraordinary writs. Amend. The amendment will require a petitioner seeking extraordinary relief to state whether interlocutory appeal was sought, and if so, the results of the petition. URAP 25. Brief of an amicus curiae or guardian ad litem. Amend. The proposal establishes specific deadlines for filing a brief of an amicus curiae. URAP 37. Suggestion of mootness; voluntary dismissal. Amend. The amendments clarify that a suggestion of mootness should be filed only when one or more, but less than all, of the issues have become moot. If all the issues are moot, a motion for voluntary dismissal must be filed. The amendments also establish a pr URAP 38. Substitution of counsel. Amend. The amendments clarify the process for substituting a party when a party becomes incompetent or for other causes. URAP 49. Petition for writ of certiorari. Amend. A petition of writ of certiorari shall include references to the record on appeal or to the opinion of the Court Appeals, rather than referring to both sources. URAP 50. Brief in opposition; reply brief; brief of an amicus curiae. Amend. The proposal establishes a more detailed process for submitting a proposed amicus brief, including the contents of the brief and deadlines. Code of Judicial Administration CJA 02-0104. Recording meetings. Amend. Modify provisions about Judicial Council audio record and minutes to conform to amendments to the Open and Public Meetings Act. CJA 03-0102. Assumption of judicial office. Amend. Make applicable to judges of courts of record and not of record. CJA 03-0306. Court interpreters. Repeal and Reenact. Clarifies the standards for appointing a certified, approved or conditionally approved interpreter. Improves the initial training requirements. Adds Guardianship and Conservatorship appointments to cases requiring a certified interpreter. Identifies the d CJA 04-0202.02 Record classification. Amend Classifies business address, phone and email of a non-party as a public record. Residential and personal information of a non-party would remain private. CJA 04-0409. Council approval of Problem Solving Courts. Amend. Delete reference to repealed section of the Utah Code. CJA 04-0701. Failure to appear. Amend. Conforming to HB 292, eliminates the requirement for a ciminal information before issuing a warrant for failure to appear in an infraction. CJA 04-0906. Guardian ad litem program. Amend. Provides that the Guardian ad Litem Oversight Committee appoints the director. 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 November 1, 2009, unless otherwise 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.