Utah State Bar News & Announcements

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.

The Mississippi Bar and Bar Foundation Relief Fund

The following information is being sent on behalf of the National Association of Bar Executives and the National Conference of Bar Foundations through list serves managed through the ABA Division for Bar Services. Please do not respond to all.

The Weekly Email Newsletter Of The Mississippi Bar September 2, 2005

The Mississippi Bar And Bar Foundation Establish Relief Fund

Due to the devastating impact of Hurricane Katrina on the Mississippi Gulf Coast, The Mississippi Bar and Mississippi Bar Foundation have established the Hurricane Katrina Lawyer Relief Fund to assist lawyers who have lost their offices in the storm. Funds collected will be used to assist lawyers with re-establishing their law offices. Donations should be made payable to Mississippi Bar Foundation and mailed to Hurricane Katrina Lawyer Relief Fund, c/o Mississippi Bar Foundation, P O Box 2168, Jackson, MS 39225-2168.

MS Bar Prepares To Provide Disaster Assistance To Members

While relief agencies and FEMA are currently addressing the basic needs of the victims of Hurricane Katrina, the Bar is looking down the road to help lawyers re-open, re-establish their law offices on the Coast. Many law offices have been completely destroyed. Others have suffered severe damage. All will need help becoming operational again. The Bar is establishing a "Law Office Resource Clearinghouse" to assist lawyers on the coast. Offers of assistance have poured in from Bar Associations, law firms and lawyers across the nation. While the list of resources needed is open-ended at this time, specific needs include temporary office space, used office equipment, used office furniture, etc. Needs may change in the future as communication with lawyers on the Coast becomes available. However, at this time the Bar is soliciting any resources that will assist lawyers in re-opening and operating their law offices. If you would like to help, please email Larry Houchins at houchins@msbar.org. Please include contact information and what resources you have available and are willing to donate.

Young Lawyers Division Disaster Legal Assistance Program Needs Volunteers

The Mississippi Bar YLD Disaster Legal Assistance Committee is soliciting Mississippi attorneys to volunteer to assist in Hurricane Katrina relief efforts. As it has since 1978, the American Bar Association and the Federal Emergency Management Agency (FEMA) utilize the ABA YLD in staffing a toll-free hotline open to disaster victims needing legal assistance and providing on-site legal assistance at Disaster Recovery Centers.

Volunteer attorneys are needed for both:

Telephone legal assistance - agreeing to answer legal questions from disaster victims. Hurricane Katrina victim will call the Bar Center. An intake form will be filled out. Intake form will be faxed/emailed to the volunteer attorney. Volunteer attorney will respond to victim by telephone.

On-site legal assistance - be willing to man the Disaster Legal Assistance table at a MEMA Disaster Recovery Center on the MS Gulf Coast once they are set up. Please be advised - those going to the Coast will need to bring own provisions and be working in extremely primitive conditions, sleeping in cars, etc. Initial shifts will be 2-3 days.

Please email to mhenry@msbar.org indicating which assistance you can offer. Provide your name, county, phone, fax, and email. You will receive reference materials and further instructions.

PLEASE VOLUNTEER TODAY!!

MS Supreme Court To Issue General Order Next Week

The Carroll Gartin Justice Building has been impacted by Hurricane Katrina. The building has been without power and water since Monday. Chief Justice James Smith has contacted The Mississippi Bar and asked the Bar to assure the lawyers of Mississippi that the Court will issue a General Order early next week addressing many of the questions and issues that have arisen as a result of Hurricane Katrina.

Southern District Federal Courts Affected By Hurricane Katrina

With the advent of Hurricane Katrina, some of Mississippi's Federal courts have been affected. Please note the following information: The Gulfport federal courthouse is closed until further notice. The Hattiesburg federal courthouse is closed until power is restored. The Jackson clerk's office will accept filings for both the Hattiesburg and Gulfport divisions. The caption should read exactly as it would if filed in Gulfport or Hattiesburg. The electronic filing system is down at this time, though they are working to have it operational VERY soon and will post updates and messages on that site. In the meantime, they are accepting conventional filing (i.e. hand-delivery or mail). If you mail, it will be considered filed as of the date of mailing. The clerk's office suggests that you note at the top of your pleading that it is not being electronically filed due to inability to access the filing system as a result of the disaster.

Notice From The U.S District Court For The Northern District

Telecommunications links to and from the United States District Court for the Northern District of Mississippi are down because of Hurricane Katrina. The court cannot predict when communications will be restored. Effective immediately, and until otherwise directed by the court, attorneys are directed to file all pleadings and case-related documents with the clerk's office and judges' chambers in paper format, according to traditional practice standards, and to mail copies of documents and certificates of service to all other parties. Attorneys should expect the court's electronic case filing and management systems to be out of service for the foreseeable future. The court will post further directives on its Internet website when the website is restored to service. The website is: www.msnd.uscourts.gov. This directive applies to all cases in the U.S. District Court for the Northern District of Mississippi, in Oxford, Aberdeen, and Greenville.

Notice To Attorneys And Litigants From The Fifth Circuit Court Of Appeals

The Fifth Circuit Court of Appeals has provided the following information for attorneys and litigants: (1) Do not send any filings or documents to New Orleans at this time. (2) All filing deadlines on or after August 24 through September 9 are automatically subject to further extension. Before filing, check the Internet website (www.ca5.uscourts.gov). Also attorneys and litigants are directed regularly to check the website for additional instructions and information. True emergency matters, e.g. death penalty cases with execution dates, or deportation matters with an imminent and confirmed deportation dates, may be filed by FAX at 713-250-5050 or mailed or delivered to the Chambers of Chief Judge Carolyn Dineen King, Rm.
11020, 515 Rusk Street, Houston, Texas 77002.

Suspension Of Standard Mail And Periodicals Mail Acceptance To Storm-Stricken Areas

Effectively immediately, the Postal Service is not accepting any Standard Mail or Periodicals Mail (from any source) addressed for delivery within the following three-digit ZIP Code ranges: 369, 393, 394, 395, 396, 700, 701 and 704. This emergency action has been taken as a result of severe facility damage, evacuations and other issues resulting from Hurricane Katrina. The Postal Service is formulating plans to address the handling of Standard and Periodicals Mail already in the mailstream and addressed for delivery to these eight ZIP Code areas.

ABA Establishes Website For Disaster Assistance

ABA has established a website to assist those attorneys who are providing assistance to people whose lives have been shattered. The website will be continually updated over the coming weeks as more information and resources are made available. The website may be accessed via the ABA homepage at www.abanet.org where you can volunteer to provide legal assistance, find information on making donations for disaster relief and receive guidance on how you can most effectively help the victims of the hurricane. For our members directly impacted by the disaster, resources are available on rebuilding a law practice and disaster recovery plans. In addition to providing assistance to lawyers, the ABA website also serves as a valuable resource for the general public, offering referrals, hotline numbers, assistance for military personnel, small business owners and others.

Check the NABE web site http://www.nabenet.org for information about upcoming meetings and handouts from past meetings, as well as to find policies from other bar associations on various issues. Bookmark this URL so you can access it quickly and easily!

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.

JUDICIAL NOMINATING COMMISSION SELECTS NOMINEES FOR SEVENTH DISTRICT COURT VACANCY

The Seventh District Judicial Nominating Commission has selected three nominees for an upcoming vacancy in the Seventh Judicial District. The position will replace District Court Judge Bryce K. Bryner who announced his retirement effective January 2006. The Seventh Judicial District is comprised of Carbon, Emery, Grand, and San Juan counties.

UTAH SUPREME COURT TO HEAR ORAL ARGUMENTS AT J. REUBEN CLARK SCHOOL OF LAW AT BYU

WHAT: The Utah Supreme Court periodically holds court sessions in other locations to provide an opportunity to enhance public understanding of the court's work and to provide law students with an opportunity to see the Supreme Court in session.

Cases to be heard are as follows: Inquiry of a Judge, Hon. Walter K. Steed, Case No. 20050127-SC at 10:00 a.m.; Florida Asset Financing Corp. v. Utah Labor Commission, Case No. 20040802-SC at 11:00 a.m.

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.

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.

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.

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.

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

The Third District Judicial Nominating Commission has selected five nominees for a vacancy in the Third Judicial District. The position will replace District Court Judge Pat Brian who recently retired. The Third Judicial District is comprised of Salt Lake, Summit, and Tooele counties.

The annual Utah Mock Trial Competition is fast approaching, and we would greatly appreciate your help. It is an exciting opportunity to interact with and support our youth as they learn about the legal system and their rights and responsibilities as citizens.

WHAT: 2006 State of the Judiciary Address

WHO: The Honorable Christine M. Durham, Chief Justice of the Utah Supreme Court

WHEN: Monday, January 16 at 2:00 p.m.-House; 2:30 p.m.-Senate

WHERE: Utah State Capitol West Building

SPEECH: Copies of Justice Durham's speech will be distributed to reporters at the capitol prior to the address. An electronic copy will be available online Jan. 17 at www.utcourts.gov/notices/

UTAH STATE COURTS PLAN JUDGE FOR A DAY PROGRAM

Have you ever wondered how accurate TV programs like "Law and Order," "The Practice," and "Boston Legal" are in portraying a judge's work? High school students throughout Utah will have a chance to judge for themselves as part of a new "Judge for a Day," program organized by the Utah State Courts.

UTAH COURT OF APPEALS HEADS TO ST. GEORGE

Salt Lake City, Utah-The Utah Court of Appeals is heading south to St.
George for a special session of the court on March 9 at 1:30 p.m. The court will hear oral arguments at the Washington County Courthouse, 220 North 200 East, courtroom D. The last time the Court of Appeals heard oral arguments in St. George was in March 2002.

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.

* 2006 Law Day Luncheon, May 1, 2006 "Separate Branches - Balanced Powers"
* Law Day Essay Contest
* Art and The Law Contest
* Mock Trial Competition Update
* “and Justice for All” Law Day 5K Run & Walk - May 6th

The Fourth District Judicial Nominating Commission has scheduled a meeting on May 9, 2006, beginning at 8:30 in the library at the Fourth District Courthouse, 125 North 100 West. The purpose of the meeting is to nominate candidates for a new judicial position created during the 2006 Legislature.

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.

The Voter Information Pamphlet is now available on the state courts' website. Following is a link to the website's front page; scroll down to the bottom of the page to access the link to the pamphlet.
http://www.utcourts.gov/

The ability to attract and retain qualified judges is integral to the effectiveness of the state court system. A strong judiciary provides the foundation for the framework necessary to conduct the successful practice of law in Utah. As a member of the Utah State Bar you represent the population from which future judges will be selected, and your voice is an important one as the dialogue around an issue that is critical to the practice of law in Utah is examined.

“and Justice for all” is pleased to announce that Gregory P. Williams will chair the Leadership Committee effective October 1, 2006. The Leadership Committee oversees an annual campaign that raises funds to support civil legal aid programs for Utahns who would otherwise not have access to our system of justice—families in poverty, people with disabilities, and those facing other barriers. While an attorney is guaranteed in criminal cases, no such right exists in civil cases.

The Utah State Bar is seeking applications from lawyers to serve on the Third and Fourth District Trial Court Nominating Commissions. These Commissions nominate candidates to fill vacancies on the district and juvenile courts for these respective districts. To serve on a Commission you must be a citizen of the U.S. and resident of the respective district. Those interested in serving should submit a resume by January 15, 2007 to John C. Baldwin, Executive Director, by e-mail to john.baldwin@utahbar.org or by mail to: 645 South 200 East, SLC, UT 84111. Please identify your political party affiliation with your submission.

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.

The Utah State Bar is seeking a Financial/Licensing Administrator to replace the incumbent who is retiring. The Bar is a 501 (c) 6 corporation to which the Utah Supreme Court has delegated the day-to-day regulation of the practice of law and the licensing of lawyers. The Bar also administers group benefit programs for lawyers and coordinates a variety of public services.

As you move through the utahbar.org website you may notice that some sections or pages look different. The Bar website is undergoing a facelift to meet the growing demands being placed on the site. This process will take a little while as the new pages are uploaded. As this is being done some of the pages are being re-structured to provide better navigation and site support tools. If you have pages in the utahbar.org site bookmarked please do not worry, as we will be keeping content, page, and link information intact.

The Utah State Bar online services staff would like to thank all the members of the Bar that provided suggestions on improving service, navigation, and readability of the site.

The Young Lawyers Division of the Utah State Bar is holding its annual clothing drive from April 9, 2007 through April 13, 2007. We are collecting gently used business and business casual clothing to be donated to the Thrift on 33rd. This non-profit organization distributes used business clothing to low-income and homeless adults in the community to assist them in re-entering the work force.

The Salt Lake County Bar Association presents:

Election 2007

A DEBATE BETWEEN SALT LAKE CITY MAYORAL CANDIDATES RALPH BECKER AND DAVE BUHLER

Moderated by Chris Vanocur
1 hour CLE CREDIT

The Young Lawyers Division (YLD) is helping with a collection drive for The Road Home. If you would like to donate, you may put your items in the closet on the main level of the Bar's office close to the reception desk. YLD will start collecting on Monday, November 12 and will pick-up the donated items on Friday, November 16. Please view the brochure for needed items. Thank you to all who help with this year's Road Home collection drive.

Members of the Bar are invited to provide any input or comments on the Bar's long range goals and values during a 30 day comment period ending December 15, 2007. Comments may be sent to john.baldwin@utahbar.org.

Long Range Strategic Plan Goals and Values 2007-2008 (PDF)

The Bar is seeking nominations for the Dorothy Merrill Brothers Award for the Advancement of Women in the Legal Profession and for the Raymond S. Uno Award for the Advancement of Minorities in the Legal Profession. Criteria are unspecified and generally include significant efforts by lawyers or others which promote the interests of women and minorities in the profession and significant participation in events and activities which effectively raise awareness of related issues.

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.