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Bar News Archives

April 5, 2013

Information on eFiling in the Utah State District Courts

The Utah Judicial Council's rule requiring attorneys to submit filings in civil cases electronically is now in effect. CJA 4-503. Electronic filing in probate cases is available and will be mandatory on July 1. Please note the following information about the eFiling system:

1. The place where court's seal and signature appear on orders electronically signed by the court has changed. They now appear in the top margin of the first page of the order.

2. We are aware that formatting issues have been appearing in some electronically signed orders. The new signature location will help resolve some of those issues. To further reduce formatting problems, we have posted updated formatting tips for you to use in preparing documents for the court's signature: go to the court's website at www.utcourts.gov/efiling and select “Formatting .RTF Documents Submitted for Court Signature.” If you need further assistance to format documents for eFiling, please contact your electronic filing service provider.

3. New video trainings have also been posted on the court's website at the above address (select “eFiling Video Tips for Attorneys”). Each video is about three minutes long and provides interactive training on the most frequently asked questions about eFiling. Please share this information with members of your staff who prepare your filings.

Thank you for your assistance in helping us to manage your electronic filings efficiently.

March 18, 2013

Notice of Approved Amendments to Utah Court Rules

The Utah Legislature has amended URCP 62 effective March 13, 2013.
URCP 062. Stay of proceedings to enforce a judgment. Amended by SJR 14. Provides that a municipality is not a state agency exempt from posting security to stay a judgment on appeal. Requires a municipality to post security to stay a judgment over $5,000,000.

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.

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.

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 4, 2013

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]

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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January 28, 2013

Notice of Proposed Amendments to Utah Court Rules

The Judicial Council invites comments to proposed amendments to the following court rules. The comment period expires March 18, 2013.
Summary of proposed amendments
CJA 02-0206. Effective date of rules. Amend. Designates May 1 and November 1 as the presumed effective date of Judicial Council rules.
CJA 04-0610. Appointment of justice court judges to preside at first appearances, preliminary hearings and arraignments. Amend. Technical amendment.
CJA 07-0304. Probation supervision. Amend. Changes the time for filing and reviewing supervision plans. Includes the Balanced and Restorative Justice Model throughout the case planning process.
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

November 20, 2012

Notice of Approved Amendments to Utah Court Rules

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.

Notice of Proposed Amendments to Utah Court Rules

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.

November 19, 2012

The 1st Annual Fittest Lawyer in Utah Competition

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

October 29, 2012

Notice of Approved Amendments to Utah Court Rules

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.

October 1, 2012

Rules governing the Utah State Bar

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.

September 18, 2012

Notice of Approved Amendments to Utah Court Rules

Summary of amendments

URAP 029. Oral argument. Amend. The amendment allows for oral argument if the court determines that oral argument will significantly aid the decisional process. The amendment reflects current court practice.

URCrP 007. Proceedings before magistrate. Amend. Creates a process for review by the court when someone is arrested on a material witness warrant.

URCrP 027A. Stays pending appeal from a court not of record- appeals for a trial de novo. New. Governs the procedures for stays pending the appeal of a final decision in a justice court. Does not apply to DUI cases. Includes circumstances in which a stay may be denied. Sets forth the conditions that a justice court may impose as a part of the stay. Effective on the same day as S.B. 214, May 7, 2012.

URCrP 027B. Stays pending appeal from a court not of record- hearings de novo, DUI, and reckless driving cases. Renumber Rule 27A and amend. Applies in DUI cases and appeals of hearings de novo. Contains essentially the same criteria that existed in previous Rule 27A. Effective on the same day as S.B. 214, May 7, 2012.

URCrP 029. Disability and disqualification of a judge or change of venue. Amend. Clarifies that a request to submit for decision is not required on a motion to disqualify. The amendment also states that other parties may not file a response to the motion.

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.

May 25, 2012

Approved Amendments to Utah Court Rules - Rules Governing the Utah State Bar

The Supreme Court has approved amendments to the following Utah court rules. The amendments are effective June 30, 2012.

Summary of amendments
Rules Governing the Utah State Bar


USB 14-0503. Ethics and Discipline Committee. Amend. Adds a vice chair to the Ethics and Discipline Committee and establishes a screening panel member removal process.
USB 14-0533. Diversion. Amend. Provides that OPC, as secretary to the screening panel, memorializes the diversion contract.

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.

December 23, 2011

Survey Participation Awards for the 2011 Utah State Bar Membership Survey

The Utah State Board of Bar Commissioners would like to thank all Utah attorneys that participated in the successful Dan Jones survey and would like to extend congratulations to the attorneys below that were randomly drawn to receive either an iPad 2 or free registration to a Bar event for their participation.

iPad 2 Recipients

MS. STEPHANIE K. MATSUMURA
MR. SCOTT W. HANSEN
MR. NATHAN J. EVERSHED

Free Bar Event Registration

MR. C. CLAYTON HANSEN
MR. LANDON A. ALLRED
MR. JOSEPH FARNSWORTH
MS. RACHEL E. OTTO
MS. DIANE PITCHER
MR. BRIAN D. KELM
MR. RICHARD A. RAPPAPORT
MS. PADMA VEERU-COLLINGS

May 19, 2011

Congratulations to New Admitees of the Utah State Bar

Congratulations to the new lawyers sworn in at the joint Admissions Ceremony to the Utah Supreme Court and the U.S. District Court of Utah held on May 18, 2011!
(Proceed to permalink to see the list of those admitted at this ceremony.)

Continue reading "Congratulations to New Admitees of the Utah State Bar" »

April 27, 2010

Notice of Proposed Amendments to Utah Court Rules

The Supreme Court and the Judicial Council invite comments to proposed
amendments to the following court rules. The comment period expires June
14, 2010.

Summary of proposed amendments

Continue reading "Notice of Proposed Amendments to Utah Court Rules" »

March 29, 2010

Utah ABA Delegate Report

The American Bar Association convened for its 71st Midyear Meeting in Orlando, Florida on February 8-9, 2010. Your Utah Bar Delegates, Larry Stevens and Margaret Plane, and I attended the meeting. The Daily Journal of the actions of the House of Delegates can be found on the House of Delegate's website. The Select Committee Report is a more comprehensive summary of all of the activities of the House.

Continue reading "Utah ABA Delegate Report " »

December 2, 2009

COURT OF APPEALS JUDICIAL VACANCY ANNOUNCED

FOR IMMEDIATE RELEASE
December 1, 2009
Contact: Nancy Volmer
(801) 578-3994
Cell:(801) 712-4545

COURT OF APPEALS JUDICIAL VACANCY ANNOUNCED

Salt Lake City, Utah—Applications are now being accepted for a vacancy on the Utah Court of Appeals bench. The position will replace Judge Russell Bench who will retire effective Dec. 31, 2009.

To be considered for the position, candidates must be at least 30 years of age, a citizen of the United States, a resident of Utah for at least five years, and admitted to practice law in Utah.

Information on benefits, judicial retention, and performance evaluation is posted on the Utah State Courts’ Web site at www.utcourts.gov under employment opportunities. Application packets are available by contacting Margo Bird or Cheryl Breneman at (801) 578-3800.

Applications should be returned to the attention of Margo Bird, Administrative Office of the Courts, P.O. Box 140241, Salt Lake City, UT 84114-0241, or faxed to (801) 238-7814. Applications must be received by Jan. 5, 2010 at 5:00 p.m.

Utah law requires the Judicial Nominating Commission to submit seven nominees to the Governor within 45 days of its first meeting. The Governor has 30 days in which to make a selection. The Utah State Senate has 60 days in which to approve or reject the Governor’s selection.

# # #
Nancy Volmer
Public Information Office
Utah State Courts
nancyv@email.utcourts.gov
(801) 578-3994
(801) 712-4545
Fax: (801) 578-3843
www.utcourts.gov
"Utah's courts are committed to open, fair, and independent justice."

February 20, 2009

Utah Appellate Court Nominating Commission Vacancies

The Bar is seeking applications from lawyers to serve on the Utah Appellate Court Nominating Commission. The Commission nominates judges to fill vacancies on the Utah Supreme Court and the Utah Court of Appeals. Two lawyers are appointed by the Governor from a list of six nominees provided by the Bar. Please submit resumes to John C. Baldwin, Executive Director, by e-mail at john.baldwin@utahbar.org , or by mail at 645 South 200 East, Salt Lake City, UT 84111. Please identify your political party or indicate if you are politically independent. Resumes must be received by Monday, March 2nd, 2009.

February 19, 2009

Utah Bar Partner Blomquist Hale Sponsors Wellness Workshop

To members of the Utah State Bar,

As your Employee, Life or Lawyer Assistance program we have received a number of requests to help improve the wellbeing of employees. We have a new wellness workshop that has been receiving a lot of interest. Did you know that 60% of people abandon their new year’s resolutions only after 6 weeks. And 80% can’t even recall what their new year’s resolution was after 6 months. The Powerful Mind. Powerful Nutrition workshop focuses on knowledge and nutrition to create individual change—ultimately improving the wellbeing of your employees.

Continue reading "Utah Bar Partner Blomquist Hale Sponsors Wellness Workshop" »

January 27, 2009

Utah State Bar President's Message RE: State of the Judiciary Address

Hello,

As president of the Utah State Bar, I have been closely monitoring the impact the State’s current budget crisis will have on the Judicial Branch. On Monday, January 26, 2009, Chief Justice Christine Durham gave her State of the Judiciary Address before the Utah Legislature. I encourage you to read her speech by downloading the PDF copy from http://www.utcourts.gov/resources/reports/statejudiciary/2009-StateOfTheJudiciary.pdf. You may also listen to the session by downloading the mp3 file from http://recordings.le.state.ut.us/mp3/House/rhouse-0126092.mp3

Please join with me in doubling our efforts to support our Judiciary and its hundreds of employees in this critical time. It is incumbent upon all members of the Bar to support our Judiciary the best we can during this budget crisis. We must work together to find positive collaborative solutions as we face the effects that the budget cuts will have on access to the courts and cases being heard. Thank you for your continued support.


Sincerely,

Nathan D. Alder
President, Utah State Bar

January 26, 2009

Casemaker 2.1 – New tools, New Federal Libraries, New Services, New Look

Since 2004, Casemaker has provided the Utah State Bar (UTAH BAR) members with free, unlimited access to legal research. From case law to codes to federal materials, Casemaker has become one of, if not the, most valued member benefit. And it is now better.

Over the last 6 months, several Casemaker Consortium States have been working with Casemaker to create and release a new version of the program. Casemaker 2.1, which is currently available in its beta phase to UTAH BAR members, is more user-friendly, faster, and comprehensive than the current 2.0 version.

Continue reading "Casemaker 2.1 – New tools, New Federal Libraries, New Services, New Look" »

January 23, 2009

January Commission Agenda

Utah State Bar Commission
Friday, January 30, 2009
Law & Justice Center
Salt Lake City, Utah

PDF Version

Agenda

1. 9:00 a.m. Utah State Court Report: Dan Becker

2. 10:00 a.m. President's Report: Nate Alder

25 mins. 2.1 Update on Meetings with Legislature Leaders and Governor
25 mins. 2.2 Update on Professional Service Tax (Tab 1)
05 mins. 2.3 Report on Meeting with Past Bar Presidents
05 mins. 2.4 Review Calendar

3. 11:00 a.m. Action Items

15 mins. 3.1 Dorathy Merrill Brothers and Raymond Uno Awards (Tab 2)
15 mins. 3.2 Nomination of President-elect Candidates

4. 11:30 a.m. Executive Director's Report: John Baldwin

05 mins. 4.1 Mentor Program Update
05 mins. 4.2 Lehman Brothers Bankruptcy Claim Update (Tab 3)
05 mins. 4.3 Group Insurance Update (Tab 4)
10 mins. 4.4 Property Tax Appeal Update
05 mins. 4.5 Notice of Nominations to Appellate Court Nominating Committee

12:00 Noon Break for Lunch

05 mins. 4.6 Status of E-Filing in State Courts
05 mins 4.7 Status of "and Justice for All" License Plate (Tab 5)
10 mins. 4.8 Request for Creation of Clean Energy Section (Tab 6)

5. 12:40 p.m. Executive Session

1:00 p.m. Adjourn

Consent Agenda (Tab 7)

1. Minutes of December 5, 2008 Commission Meeting
(Approved without discussion by policy if no objection is raised)

Attachments (Tab 8)

1. December Financials
2. Status of Bar Petitions to Utah Supreme Court
3. Newspaper Articles
4. Judicial Council Meeting Agenda - January 26, 2009

Calendar

2009

February 3 Legislative Teleconference 4:00 p.m. via Telephone
February 5 Utah Bar Day at the Capitol 9:00 a.m. Capitol Complex Auditorium
North Office Building
February 10 Election Petitions Due
February 10 Legislative Teleconference 4:00 p.m. via Telephone
February 17 Legislative Teleconference 4:00 p.m. via Telephone
February 24 Legislative Teleconference 4:00 p.m. via Telephone
February 24-25 Bar Examination 8:00 a.m. Salt Palace

March 3 Executive Committee 12:00 Noon Law & Justice Center
March 3 Legislative Teleconference 4:00 p.m. via Telephone
March 10 Legislative Teleconference 4:00 p.m. via Telephone
March 12 Commission Meeting 12:00 Noon St. George
March 12-14 Spring Convention 8:00 a.m. St. George

April 14 Executive Committee 12:00 Noon Law & Justice Center
April 24 Commission Meeting 9:00 a.m. Ogden

May 15 Admissions Ceremony 12:00 Noon Salt Palace
May 19 Executive Committee 12:00 Noon Law & Justice Center
May 29 Commission Meeting 12:00 Noon Law & Justice Center
May 30 Commission Retreat 8:00 a.m. Salt Lake City, TBA

June 4-6 Jackrabbit Bar Santa Fe
July 7 Executive Committee 12:00 Noon Law & Justice Center
July 15 Commission Meeting 1:00 p.m. Sun Valley
July 15-18 Annual Convention 8:00 a.m. Sun Valley
July 28-29 Bar Examination 8:00 a.m. TBA

January 16, 2009

Group Health Insurance for the Utah State Bar

Bar President-Elect Steve Owens introduced Moreton & Co. the Broker of Record for the Innovative Staffing group heath insurance plan and individual plans for Utah State Bar members on January 20, 2009 at the Utah Law & Justice Center.

MATERIALS

  • Application Process Presentation

  • Altius Network

  • Frequently Asked Questions

  • Health Savings Account Benefit Summary

  • Innovative Staffing Pricing
  • Contact Information
    Moreton & Company
    Jeff Winter
    jwinter@moreton.com
    Phone: 801-715-7024
    Toll-free: 800-594-8949

    Janna Clark
    jclark@moreton.com
    Phone: 801-715-7080
    Toll-free: 800-594-8949

    Innovative Staffing
    Laurie Snarr
    lsnarr@isipeo.com
    Phone: 801-984-0252
    Fax: 801-984-0254

    Shane M. Loftus
    sloftus@isipeo.com
    Phone: 801-984-0252
    Fax: 801-984-0254


    January 13, 2009

    Legislative Proposal to Tax Legal Services

    Dear Bar Member:

    I am sending this special announcement to let you know that on Thursday, January 15th, the Utah Tax Review Commission will be receiving a report from its Sales and Use Tax Working Group which essentially recommends that the State impose a tax on professional services, including legal services. The meeting is at Room 445 of the State Capitol and begins at 9:00 am and may run until noon. It is likely that an interim subcommittee of the Legislature (Revenue and Taxation) will take up this issue later in 2009 for further study.

    Continue reading "Legislative Proposal to Tax Legal Services" »

    December 16, 2008

    Petition to Run for Bar Commissioner

    Pursuant to the Rules of Integration and Management of the Utah State Bar ("Rules"), Applicants must be nominated by a written petition of ten or more members of the Bar in good standing and residing in their respective Division. NOTE: Residence is interpreted in the Rules to be the mailing address according to the Bar’s records. Completed petitions must be returned to the Utah State Bar office no later than February 1st.

    Ballots will be mailed on or about April 1 with balloting to be completed and ballots received by the Bar office by 5:00 p.m. May 1. Ballots will be counted on May 2.

    In order to reduce out-of-pocket costs and encourage candidates, the Bar will provide the following services at no cost:

    1) space for up to a 200-word campaign message plus a photograph for the E-bulletin and in the March/April issue of the Utah Bar Journal. The space may be used for biographical information, platform or other election promotion. Campaign messages for the E-bulletin and Bar Journal are due along with completed petitions, two photographs, and a short biographical sketch no later than February 1st;

    2) space for up to a 500-word campaign message plus a photograph on the Utah Bar Website due February 1st;

    3) a set of mailing labels for candidates who wish to send a personalized letter to the lawyers in their division who are eligible to vote; and

    4) the Bar will insert a one-page letter from the candidates into the ballot mailer. Candidates would be responsible for delivering to the Bar no later than March 15th enough copies of letters for all attorneys in their division. (Call Bar office for count in your respective division.)

    If you have any questions concerning this procedure, please contact John C. Baldwin at the Bar Office, 531-9077.

    Nominating Petition

    December 4, 2008

    Third, Fourth and Fifth Division Commission - Notice of Election

    Third, Fourth and Fifth Division Commission - Notice of Election - Nominations to the office of Bar Commission are solicited for two members from the Third Division, one member from the Fourth Division and one member from the Fifth Division, each to serve a three-year term. To be eligible for the office of Commissioner from a division, the nominee’s mailing address must be in that division as shown by the records of the Bar.

    Applicants must be nominated by a written petition of ten or more members of the Bar in good standing and residing in their respective division. Nominating petitions may be obtained from the Bar office on or after January 1, 2009 and completed petitions must be received no later than February 1, 2009 by 5:00 p.m. If you have any questions concerning this procedure, please contact John C. Baldwin at 645 South 200 East, Salt Lake City, Utah, 84111 or via e-mail at director@utahbar.org.

    Nominating Petition

    Bar President-Elect - Notice of Election

    Bar President-Elect - Notice of Election - Any active member of the Bar in good standing is eligible to submit his or her name to the Bar Commission to be nominated to run for the office of president-elect in a popular election and to succeed to the office of president. Indications of an interest are due at the Bar offices, c/o Executive Director John Baldwin, 645 South 200 East, Salt Lake City, Utah, 84111 or via e-mail at director@utahbar.org by 5:00 p.m. on January 2, 2009.

    The Bar Commission will interview all potential candidates at its meeting in Salt Lake City on January 23, 2009 and will then select two finalists to run on a ballot submitted to the active Bar membership. Final candidates may also include sitting Bar Commissioners who have indicated an interest in running for the office.

    Pursuant to the Rules of Integration and Management of the Utah State Bar ("Rules"), Applicants must be nominated by a written petition of ten or more members of the Bar in good standing and residing in their respective Division. NOTE: Residence is interpreted in the Rules to be the mailing address according to the Bar’s records. Completed petitions must be returned to the Utah State Bar office no later than February 1st.

    Ballots will be mailed on or about April 1 with balloting to be completed and ballots received by the Bar office by 5:00 p.m. May 1. Ballots will be counted on May 2.

    In order to reduce out-of-pocket costs and encourage candidates, the Bar will provide the following services at no cost:

    1) space for up to a 200-word campaign message plus a photograph for the E-bulletin and in the March/April issue of the Utah Bar Journal. The space may be used for biographical information, platform or other election promotion. Campaign messages for the E-bulletin and Bar Journal are due along with completed petitions, two photographs, and a short biographical sketch no later than February 1st;

    2) space for up to a 500-word campaign message plus a photograph on the Utah Bar Website due February 1st;

    3) a set of mailing labels for candidates who wish to send a personalized letter to the lawyers in their division who are eligible to vote; and

    4) the Bar will insert a one-page letter from the candidates into the ballot mailer. Candidates would be responsible for delivering to the Bar no later than March 15th enough copies of letters for all attorneys in their division. (Call Bar office for count in your respective division.)

    If you have any questions concerning this procedure, please contact John C. Baldwin at the Bar Office, 531-9077.

    August 18, 2008

    2008 Fall Forum Awards

    The Board of Bar Commissioners is seeking nominations for the 2008 Fall Forum Awards. These awards have a long history of honoring publicly those whose professionalism, public service and personal dedication have significantly enhanced the administration of justice, the delivery of legal services and the building up of the profession. Your award nominations must be submitted in writing to Christy Abad, Executive Secretary, 645 South 200 East, Suite 310, Salt Lake City, UT 84111, no later than Monday, September 15, 2008. The award categories include:

    1. Distinguished Community Member Award

    2. Pro Bono Lawyer of the Year

    3. Professionalism Award

    View a list of past award recipients at: http://www.utahbar.org/members/awards_recipients.html

    July 3, 2008

    Utah State Bar 2008 Elections

    Utah State Bar 2008 elections are now complete. Stephen Owens has been elected as our new President-elect. Elected in the Third Division are Lori Nelson, Rodney Snow and Rusty Vetter. We want to thank the fine lawyers who were willing to campaign and serve. We also want to thank all who voted and participated in the process. It is our duty now to get behind our representatives and get involved in the Bar programs and services. We will benefit greatly from your input.

    V. LOWRY SNOW

    January 22, 2008

    Mandatory CLE Rule Change

    Effective January 1, 2008, the Utah Supreme Court adopted the proposed amendment to Rule 14-404(a) of the Rules and Regulations Governing Mandatory Continuing Legal Education to require that one of the three hours of “ethics or professional responsibility” be in the area of professionalism and civility.

    Continue reading "Mandatory CLE Rule Change" »

    January 29, 2007

    COURT OF APPEALS MARKS TWENTY YEARS

    Four of original seven judges remain on the bench

    Salt Lake City, UT---The Utah Court of Appeals will mark 20 years of operation on February 3, 2007. The Court of Appeals was created to reduce appellate delay. In 1987, when the Court of Appeals began hearing cases, the Utah Supreme Court had a backlog of about 1,000 cases. About 500 of these cases were transferred to the Court of Appeals for disposition.

    Continue reading "COURT OF APPEALS MARKS TWENTY YEARS" »

    April 27, 2006

    Notice of Proposed Amendments to Utah Court Rules

    The Utah Supreme Court and the Utah Judicial Council invite comments to proposed amendments to the following court rules. The comment period expires June 16, 2006.

    Summary of proposed amendments

    Rules of Appellate Procedure
    URAP 04. Appeal as of right: when taken. Amend. Creates a procedure to implement the directive in State v. Manning, 2005 UT 61, 122 P.3d 628. allowing a criminal defendant to have appeal rights reinstated, when the defendant has been deprived of the an appeal.
    URAP 24. Briefs. Amend. Clarifies the briefs that are to be filed and the number of pages permitted in cases involving cross-appeals. A singled brief may not exceed 50 pages, and the combined total of a party's two briefs may not exceed 75 pages.

    Continue reading "Notice of Proposed Amendments to Utah Court Rules" »

    March 1, 2006

    S.J. Quinney College Of Law Selects New Dean

    Dear Members of the Utah Bar,

    For those of you who did not learn about this in the newspaper or otherwise, I am delighted to report that Hiram Chodosh has been offered and accepted the position of Dean of the S.J. Quinney College of Law. Dean Chodosh generated a huge amount of excitement among every single law school constituency. You can learn more about him from the University’s press release, which is posted on the College of Law website at http://www.law.utah.edu/news/02282006_ChodoshDean.php.

    Continue reading "S.J. Quinney College Of Law Selects New Dean" »

    December 8, 2005

    2005 Amicus Curiae of the Court Award

    Scott Sabey, a shareholder in the law firm of Fabian & Clendenin, has received the 2005 Amicus Curiae of the Court Award from the Utah Judicial Council. The "friend of the court" award goes to an individual who has helped improve Utah's judicial system and access to justice for Utahns.

    From Dec 7 edition of SL Trib

    December 7, 2005

    NOTICE OF DIRECT ELECTION OF BAR PRESIDENT

    In response to the task force on Bar governance the Utah Supreme Court has amended the Bar’s election rules to permit all active Bar members in good standing to submit their names to the Bar Commission to be nominated to run for President-Elect in a popular election and to succeed to the office of President. The Bar Commission will interview all potential candidates and select two final candidates who will run on a ballot submitted to all active Bar members and voted upon by the active Bar membership. Final candidates may include sitting Bar Commissioners who have indicated interest.

    Continue reading "NOTICE OF DIRECT ELECTION OF BAR PRESIDENT" »

    NOTICE OF ELECTION OF BAR COMMISSIONERS

    Third, Fourth & Fifth Divisions

    Pursuant to the Rules of Integration and Management of the Utah State Bar, nominations to the office of Bar Commission are hereby solicited for two members from the Third Division, one member from the Fourth Division and one member from the Fifth Division, each to serve a three-year term. To be eligible for the office of Commissioner from a division, the nominee’s mailing address must be in that division as shown by the records of the Bar.

    Continue reading "NOTICE OF ELECTION OF BAR COMMISSIONERS" »

    2006 Spring Convention Awards

    The Board of Bar Commissioners is seeking applications for two Bar awards to be given at the 2006 Spring Convention. These awards honor publicly those whose professionalism, public service, and public dedication have significantly enhanced the administration of justice, the delivery of legal services, and the improvement of the profession. Award applications must be submitted in writing to Maud Thurman, Executive Secretary, 645 South 200 East, Suite 310, Salt Lake City, UT 84111, no later than Monday, January 16, 2006.

    1. Dorathy Merrill Brothers Award - For the Advancement of Women in the Legal Profession.

    2. Raymond S. Uno Award – For the Advancement of Minorities in the Legal Profession.

    November 8, 2005

    CHIEF JUSTICE CHRISTINE M. DURHAM TO SERVE SECOND TERM

    CHIEF JUSTICE CHRISTINE M. DURHAM TO SERVE SECOND TERM

    Salt Lake City, UT—The Utah Supreme Court announced today that Christine M. Durham will serve as Chief Justice for a second, four-year term effective April 1, 2006. As the Chief Justice of the Utah Supreme Court, Durham also serves as chair of the Utah Judicial Council, which directs the activities of the Utah State Courts.

    Continue reading "CHIEF JUSTICE CHRISTINE M. DURHAM TO SERVE SECOND TERM" »

    October 15, 2005

    Notice of Approved Amendments to Utah Court Rules

    The Supreme Court and Judicial Council have approved amendments to the following Utah court rules. To see the text 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, 2005 unless otherwise indicated.

    Continue reading "Notice of Approved Amendments to Utah Court Rules" »

    June 9, 2005

    Casemaker Comes to Utah

    Casemaker Comes to Utah

    On April 30th the Utah State Bar signed to join the Casemaker Consortium. The implementation plan will have the service coming online for Utah Bar members in late 2004.

    On April 30th the Utah State Bar signed to join the Casemaker Consortium. The implementation plan will have the service coming online for Utah Bar members in late 2004.

    What is Casemaker?

    Casemaker is an online legal research tool built specifically for lawyers. Its simple-to-use interface allows lawyers to easily search and retrieve legal information on the Internet through a browser (e.g. Internet Explorer). The library of information focuses on primary law, which includes state cases, codes and federal equivalents.

    Casemaker was initiated by the Ohio State Bar Association in 1999 and has grown to include 15 additional states.

    Casemaker will be provided free to active members of the Utah State Bar.

    What is the Consortium?

    A unique aspect of Casemaker is the consortium approach. Currently there are 16 states signed into this consortium. Each state selects its own state content, but then this content is shared with the other consortium members. This means Utah lawyers will have free access to the libraries of the other state bar members. Currently this list includes: Connecticut, Idaho, Indiana, Maine, Massachusetts, Michigan, Nebraska, New Hampshire, North Carolina, Ohio, Oregon, Rhode Island, South Carolina, Texas & Vermont. Casemaker originated in the east, but has recently been gaining a presence in western states that should continue to grow.

    In addition to providing access to other state’s content, the Consortium gives member state bars a seat at the development table. Member bars have direct input into future features and developments for the Casemaker service. So far this arrangement has proven valuable for the member bars and the service itself.

    What will the Utah Library Include?

    The Utah Library was selected with two goals in mind. First, we wanted to cover the most valuable primary law for Utah. This would obviously include Utah cases and the Utah code. Second, we needed to balance the amount of content with the cost of the system. Hopefully our initial library has achieved this balance. Going forward we will work with various government agencies to add further content, continuing to increase the value of the Casemaker service to our members.

    The initial library will include:

    Utah Supreme Court Decisions from 1939
    Utah Court of Appeals Decisions since inception (1987)
    Utah Code
    Utah Administrative Rules
    Court Rules

    Utah Rules of Court – Annexed Alternative Dispute Resolution
    Utah Rules of Civil Procedure
    Utah Evidence Rules
    Utah Rules of Civil Procedure
    Utah Criminal Rules of Procedure

    Utah Bar Rules and Opinions
    Utah Bar Journal
    CLE Materials (selected)
    BYU and Utah Law Reviews (as permitted)

    Federal Law includes:

    US Supreme Court opinions from 1935
    US Circuit Court opinions (generally from 1995)
    US Code
    US CFR – 2003 to date
    Federal Court Rules
    (Including Circuit court rules)

    When will Casemaker be Available?

    Based on our contract, we have a 6 to 9 month implementation time frame. This will put Casemaker online in Utah likely in late 2004. Since Utah’s legal history is relatively shorter (compared to eastern states) we hope to be running closer to the six month timing.

    Questions about Casemaker?

    If you have questions about the Casemaker system or the implementation progress, please send a note to casemaker@utahbar.org or call 801.297.7027.

    If you would like a demo of Casemaker for your group, these can be arranged.

    About Bar News

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