Utah State Bar News & Announcements

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

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.)

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

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.

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."

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.

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.

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

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.

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

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

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

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.

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

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 - 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.

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

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

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.

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 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.

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.

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

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.

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.

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.

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 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.

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.