Utah State Bar News & Announcements

Ms. Heather Finch was the President of the Paralegal Division of the Utah State Bar and was serving as an ex-officio member of the Utah State Bar Board of Bar Commissioners. The Bar Commission and Utah State Bar Staff extend their sympathies to her family and friends.

SALT LAKE CITY -- Two women on board a plane that crashed early Tuesday in Nepal are from Utah.

The Provo law firm of Howard, Lewis & Petersen confirms two of its employees were killed in the crash.

John Valentine, managing shareholder at the firm, identified the two women as Leuzi Cardoso and Heather Finch.

Tradewinds

The Salt Lake Tribune
Updated: 05/14/2010 08:32:25 PM MDT

InContact Inc., provider of on-demand call-center software and call-center agent-optimization tools has added Mariann McDonagh as chief marketing officer.

The law firm of Parr Brown Gee & Loveless has named James A. Wright as a shareholder. He practices in the areas of construction and real estate law. He earned his law degree from Harvard Law School in 2005, and a B.A. , cum laude, from Brigham Young University in 2002.

Washington » President Barack Obama on Wednesday named Utahn Scott Matheson Jr. to the U.S. Court of Appeals for the 10th Circuit, elevating the former law school dean and son of a two-term governor to the appeals court covering Utah and five other states.

If confirmed by the Senate, Matheson, 56, a former U.S. attorney for Utah, would take the seat vacated by another Utahn, Michael McConnell, who resigned to teach at Stanford University.

Dear Utah ABA members,

I am pleased to let you know that Utah now has three representatives to the ABA House of Delegates. Larry Stevens and Margaret Plane were appointed by the Bar Commission to serve in the ABA House of Delegates and I am serving as the elected Utah State Delegate.

The next meeting of the House of Delegates is February 8 and 9, 2010. The Summary of Recommendations, including links to the full Reports with Recommendations, are posted on the ABA's House of Delegates website. If you have any input you would like to give to Larry, Margaret or me regarding these matters, please contact us.

We all appreciate the opportunity to serve you.

Sincerely,

Larry Stevens
Margaret Plane
Charlotte Miller

FOR IMMEDIATE RELEASE
December 17, 2009
Contact: Nancy Volmer
(801) 578-3994
Cell: (801) 712-4545

UTAH SUPREME COURT ANNOUNCES APPOINTMENT TO
JUDICIAL CONDUCT COMMISSION

Salt Lake City, UT---The Utah Supreme Court has appointed Judge Carolyn B. McHugh to serve on the Judicial Conduct Commission, filling the balance of the term of Judge Russell W. Bench, who is retiring from the bench December 31, 2009. Judge Bench’s term on the Commission expires July 30, 2012. At that time, the Utah Supreme Court will consider reappointing Judge Carolyn McHugh for a four-year term.

FOR IMMEDIATE RELEASE
December 7, 2009
Contact: Nancy Volmer
(801) 578-3994
Cell: (801) 712-4545

NEW ST. GEORGE COURTHOUSE TO OPEN DOORS DECEMBER 14

St. George, UT—The new Fifth Judicial District Courthouse is scheduled to open its doors for business at 206 Tabernacle on Monday, Dec. 14, 2009.

Since construction began in February 2008, work has been steady to build the 91,734 sq. ft., $29 million facility. The courthouse includes eight courtrooms for use by the district and juvenile courts. In addition, office space for district and juvenile courts, juvenile probation, the Office of Guardian ad Litem, and mediation is located in the courthouse.

By Peg McEntee
Tribune Columnist

Updated: 10/29/2009 08:00:16 AM MDT

Peg McEntee (The Salt Lake Tribune)Leonard W. Burningham is a tall, rangy guy, and you can just see him cooking up tubs full of turkey dressing to help feed the homeless during the holidays.

It's something the securities attorney has been doing since 1979, and this year, he wants every attorney in Salt Lake County, if not the state, to provide a full meal for those in need.

And why not? "There are more attorneys than there are people," he jokes.

It's not just about food, either: Burningham, his family, friends, lawyers, firms and court personnel also will, as they have in the past, collect clothing, household goods and personal care kits for those who need them.

OK, OK, I can hear the lawyer jokes already. But this is a good thing.

It all started that first Thanksgiving, when Burningham was alone, his family out of town. He went out and bought a couple of cases of eggnog and headed for the Eagle Ranch Ministries' Jennie Dudley and her makeshift kitchen under the 400 South viaduct.

There were hams and turkeys and luscious pastries, he said. But the meal needed mashed potatoes and particularly dressing, which Burningham, an avid cook, considers to be one of his specialties.

Through the years, Burningham's crusade expanded to the Rescue Mission, the YWCA's shelter for abused women and children and the Utah Food Bank.

"It just kind of grew," Burningham says. "Court administrators, secretaries, paralegals, everybody helped."

Lincoln Mead, IT director at the Utah Bar Association, has worked with Burningham for about a decade.

"He's a really, really engaged guy who absolutely loves what he does," Mead says. "He's never lost his enthusiasm for this project. Every year he drives a little farther and a little harder."

At 68, Burningham still works at his Salt Lake firm along with his two grown sons, but tries to leave the office at about 2:30 p.m. to meet up with his 9-year-old after school for taekwondo and homework.

His work, the food-and-clothing project and his family are the fruit of "all the dreams you have when you're 25," Burningham says. "It's amazing."

And it's not just his own kids who get Burningham's attention, Mead says. One day, he mentioned that his son had gotten interested in all things military, and a couple of months later, the boy started getting Armchair General magazine, courtesy of Burningham.

"He catches on to things like that and just takes action on it," Mead says. "We see it at the food and clothing drive... there's a huge crowd behind him, helping out."

The "Twentieth Annual Lawyers & Court Personnel Food & Winter Clothing Drive for the Less Fortunate" wraps up on Dec. 18.

For information on how and when to participate, e-mail Burningham at lwb@burninglaw.com.
[or please visit www.utahbar.org/members/foodclothingdrive.html --Bar staff]

pegmcentee@sltrib.com

By Carole Mikita

Video Courtesy of KSL.com

SALT LAKE CITY -- Some Utah lawyers are joining a national movement this week to offer free legal advice to people who can't afford it. The attorneys reached out first to those in Salt Lake City who are homeless.

Members of the Utah Bar Association are participating in a national pro bono week with attorneys in 39 states. They hope, with their experience, to provide useful information to those in our community who feel they don't have a voice.

On Tuesday, 25 lawyers volunteered to serve equal parts of lunch and legal advice to people who wouldn't get either without help. The economic downturn has created more people without jobs or homes who need help.

25 lawyers volunteered Tuesday to serve equal parts of lunch and legal advice to people who wouldn't get either without help "There tends to be a lot of immigration issues, minor criminal issues, family law issues; but the whole full spectrum," says Dave Hall, co-chair of the Utah Pro Bono Week Celebration.

That spectrum also includes housing issues, disputes with landlords, employment problems--particularly with unclaimed wages--and there are family matters.

"Mom's trying to get custody of her kids, trying to get a divorce, trying to flee from a domestic abuse or violence situation; a lot of family law," explains Jose Lazaro, director of St. Vincent de Paul Basic Needs Services.

Every week an attorney volunteers a few hours of his or her time to the homeless, but it is never enough. This Tuesday, they talked, shared information and provided gloves that included the phone number for low-income legal services to each client.

The attorneys say that even in just a few minutes they can do a lot to help one of these clients.

"We can tell them which court they need to go to, which questions to ask. Sometimes they just need to fill out a form to get their benefits restarted," says Candice Vogel, co-chair of the Utah Pro Bono Week Celebration.

One man KSL News spoke with says, for him, it was at least a beginning.

"It's very helpful, because it calms you down and it just gets your mind where, if everybody can't help you, they can give you some good resources," Max says.

The attorneys are offering free legal clinics at 22 locations around the state this week. CLICK HERE for a list of times and locations.

E-mail: cmikita@ksl.com

Deseret News, September 24, 2009 -- Utah lawyer Paul Moxley has been appointed to serve on the American Bar Association's Standing Committee on the Federal Judiciary. The 15-member committee examines the qualifications of individuals nominated to the federal bench.

Moxley, who handles criminal law, white collar criminal defense and commercial litigation, was named Attorney of the Year by the Utah State Bar. He also formerly headed the state bar.

He is a partner in the Salt Lake City law firm of Parson Kinghorn Harris.

Copyright C 2009 Deseret News Publishing Co.
Provided by ProQuest Information and Learning Company. All rights Reserved.

Cache Valley Daily
http://www.cachevalleydaily.com/news/local/57810482.html

By Cache Valley Daily

Story Created: Sep 8, 2009 at 4:08 PM MDT

The USU College of Humanities, Arts and Social Sciences kicks off this year's Distinguished Alumni Speaker Series on Friday with Attorney Nathan "Nate" Alder as the guest speaker.

The presentation starts at at 11:30 a.m. in the Haight Alumni Center. HASS Dean Yolanda Flores Niemann, who established the series, says the event is to bring distinguished graduates back to campus to reflect on their education at USU and how it impacted their careers.

Alder is a seasoned litigator and leader in resolving complex legal disputes. A member of the Christensen and Jensen law firm, he represents individuals and corporations in preparing claims and defenses for mediation, arbitration and trial.

Alder served as president of the Utah State Bar in 2008-09. At USU Alder served as Academic Vice President and was in the Honors Program.

By Stephen Hunt
The Salt Lake Tribune

Salt Lake County District Attorney Lohra Miller says the budget crunch has her office charging defendants in criminal cases for materials they had been getting for free.

Starting this month, defense attorneys are paying for copies of police reports, photographs, videotapes and witness interviews.

Miller argues the administrative cost of processing such materials should be borne by defendants rather than taxpayers. But defense attorneys on Wednesday said they worry the multitiered fee schedule Miller has devised will mean delays in getting information needed to build their cases.

Added defense attorney Clayton Simms: "There is something fundamentally unfair about having to pay to see the evidence against you."

Williamsburg, Va. (Aug. 12, 2009) - Utah Chief Justice Christine M. Durham recently was elected chair of the Board of Directors of the National Center for State Courts (NCSC). At the same time, Chief Justice Durham also was named president of the Conference of Chief Justices (CCJ), a national organization that represents the top judges of the 50 states and U.S. territories, and of which the NCSC serves as executive staff. Both positions are one-year terms. The appointments were made during the NCSC’s Board meeting and CCJ’s annual conference in Santa Fe, New Mexico.

“Since her appointment to Utah’s highest bench in 1982, Chief Justice Durham has been an effective ambassador for the judiciary,” said Mary C. McQueen, NCSC president. “She has championed the cause of judicial education and worked to improve the administration of justice for nearly 30 years. She will bring that knowledge and passion to her leadership roles with NCSC and CCJ.”

New lawyers now pair with veterans to 'learn the ropes'
New Utah Bar chief to focus on mentor program, pro bono services
By Stephen Hunt

The Salt Lake Tribune
http://www.sltrib.com/news/ci_12979418

The 350 prospective Utah lawyers who took the state bar exam Wednesday are supposedly qualified to hang out a shingle and practice in a court of law.

But many are recent law school graduates who have never written a legal motion, don't know where court is and might be startled when their keychain sets off the metal detectors at the courthouse door.

A new, mandatory Utah Supreme Court program promises to fill in gaps in the art of lawyering not covered in the classroom by pairing freshly minted attorneys with veteran mentors. Recently elected Bar President Stephen Owens, charged with implementing the New Lawyer Training Program, says it may be essential in a state like Utah.

"It's a very young bar," said Owens, who at 41 is older than half of the state's 7,500 active lawyers.

http://www.standard.net/live/business/178370

Tuesday, July 14, 2009 | No Comments [ Add Comment ]
SLC attorney to head state bar

Press Release

SALT LAKE CITY - Utah lawyers elected Salt Lake City attorney Stephen W. Owens president of the Utah State Bar which licenses, disciplines, and provides continuing legal educational programs for Utah's 10,000 resident and non-resident attorneys. The new officers and commissioners will be sworn in by Chief Justice Christine M. Durham, Utah Supreme Court, on Friday.

Salt Lake Tribune
http://www.sltrib.com/sports/ci_12600493

By Jon Gilbert

Special To The Tribune
Updated: 06/16/2009 03:21:50 PM MDT

In the summer of 1997, 12 runners gathered in Sugar House Park to run a 5K race to raise money for breast cancer research. They were inspired by the 10-year battle against breast cancer of their friend, Judge Anne Stirba.

Stirba died in 2001, her cancer proving too severe to overcome. Nevertheless, the runners still gather every year to complete the same race, now called the Judgesrun 5K, as they did on Saturday. Except now, they are comprised of an army of nearly 400 runners and walkers raising money for a cure.

http://www.deseretnews.com/article/print/705305262/Decent-Dave-Winder-dies-at-76.html

'Decent Dave' Winder dies at 76
By Linda Thomson
Deseret News
Published: Tuesday, May 19, 2009 6:32 p.m. MDT

U.S. District Judge David Kent Winder, 76, died Tuesday following a long illness.

President Jimmy Carter appointed Judge Winder, a former prosecutor, attorney in private practice and a 3rd District state-court judge, to the federal bench in 1979. Judge Winder's polite and even-handed courtroom demeanor earned him many awards throughout his career and, early on, produced the nickname "Decent Dave."

"The American Lawyer" magazine in 1983 termed him the best district judge in the 10th Circuit and lauded him for being well-informed and well-prepared for the cases before him, praising his "compulsion to master the details of every matter before oral argument."

Judge Winder was known for his punctuality and a work ethic that included 12-hour days and reading legal documents on Saturdays to be fully aware of the contents of each one before court hearings took place.

U.S. Attorney Brett Tolman said Tuesday that Judge Winder was "universally respected and admired" by those who work in U.S. Attorney's Office.

"We knew he would come to the bench each day having thoroughly studied the issues to be argued. He had a perfect judicial temperament," Tolman said. "He never demanded respect; he earned it. He treated everyone who appeared before him with fairness and dignity. His contributions to the federal bench and his example as a judge will long be remembered."

Judge Winder was born in Salt Lake City in 1932, graduated from Granite High School, served in the U.S. Air Force from 1951-52, got an English degree from the University of Utah in 1955 and received his law degree from Stanford University in 1958.

Nate Alder, president of the Utah State Bar, recalls being a fresh-from-college law clerk in 1995 with a tiny office just down the hall from Judge Winder.

"Every lawyer in town appreciated him," Alder said. "He was the epitome of what a judge should be: prepared, professional, civil, personable, fair. He just brought a level of sophistication to the bench that everyone appreciated, and he was the standard-bearer for years. I think a lot of people decided to become judges because he was such a great judge."

Alder also said Judge Winder inspired attorneys to do their best legal work, because it would be unseemly to appear before such a hard-working judge unprepared.

"He was universally loved and respected by lawyers," Alder said. "When he ruled against you, you knew exactly why, and you felt he was fair."

During his career, Judge Winder worked as an assistant U.S. attorney, became chief deputy district attorney and was a partner in the Salt Lake City law firm Strong & Hanni.

Former Utah Gov. Scott Matheson in 1977 appointed Judge Winder to a judgeship in the state district court. The Utah State Bar bestowed the accolade of "Judge of the Year" on him one year after the appointment.

Judge Winder's son, Salt Lake County Sheriff Jim Winder, recalls his father as a "wonderful" and "very generous" parent who was deeply involved in his family's regular activities and also created great memories through family travel.

"For many years, he took us on annual jaunts all around. There was one memorable experience in Africa in the 1970s," Sheriff Winder said. "In his younger years, he was quite an explorer himself. He had toured Europe, and he climbed the Matterhorn. That was one of his adventures. He was a man of many facets."

Sheriff Winder also noted that his father had many friends, especially in the legal and law enforcement communities, who stayed in contact and visited frequently, even after Judge Winder's health began to decline about three years ago.

"We have seen the best in people," Sheriff Winder said.

A public viewing will be held from 3 p.m. to 7 p.m. Tuesday, May 26, at the U.S. District Courthouse, 350 S. Main Street, in Salt Lake City.

The interment will be a private, family-only affair, but Sheriff Winder said plans are under way for a public memorial service to be held in the future.

Judge Winder was preceded in death by his wife, Pamela Martin Winder. Besides Sheriff Winder and his wife, Shawn, Judge Winder also is survived by his other children and their spouses, Ann and Larry Bugni, and Kay and James Mitchell.

--------------------------------------------------------------------------------

http://www.sltrib.com/ci_12404691

Respected Utah federal judge David Winder dies
The Salt Lake Tribune
Updated: 05/19/2009 04:12:10 PM MDT

U.S. District Judge David Winder, once nicknamed "Decent Dave" for his courtesy to those appearing in his courtroom, died today at the age of 76 after a long illness.

Memorial services are still being planned.

Winder first became a judge in 1977, when then-Gov. Scott Matheson named him to the state's 3rd District Court. The next year, he was voted Judge of the Year by the Utah State Bar.

He was appointed to the federal bench in Utah in 1979 by President Jimmy Carter. At his investiture ceremony, he quoted Sir Thomas More in "A Man for all Seasons," describing the law as "causeway upon which, so long as he keeps it lit, a citizen may walk safely."

He added: "I hope that during the many years that I plan to spend on the bench, that I will not encumber that causeway, and will, in some small way, help to keep it safe for the passage of our citizens," according to a statement from Utah's federal court.

In 1983, according to the court's statement, The American Lawyer magazine named Winder the best district judge in the Tenth Circuit, praising his efficiency and attention to detail. The magazine described him as "the best of a new breed of younger, more professional judges."

Winder's zeal for preparation and punctuality was legendary, the courts' statement said, noting his common work hours of 6 a.m. to 6 p.m. on weekdays.

Winder was born in Salt Lake City in 1932. After graduation from Granite High School, he served in the U.S. Air Force from 1951 to 1952. He earned an English degree at the University of Utah in 1955 and graduated from Stanford Law School in 1958.

He worked as an assistant U. S. Attorney and at Salt Lake City law firm Strong & Hanni before he was named to the state bench.

He was preceded in death by his wife, Pamela Martin Winder, and is survived by his three children and their spouses: Ann and Larry Bugni, Kay and James Mitchell, and Salt Lake County Sheriff James Winder and his wife, Shawn.

http://www.heraldextra.com/content/view/309053/17/

Saturday, 16 May 2009
Bar elects first Utah County lawyer in 35 years as president Print E-mail
Ace Stryker - Daily Herald

PROVO -- It wouldn't have been a great leap to predict Robert L. Jeffs would end up in law.
"My father, my uncle, all of my brothers are attorneys," he said. "My entire immediate family is attorneys."

Jeffs, who grew up in Provo, attended Brigham Young University and graduated from the school's J. Reuben Clark Law School in 1984. He joined the family's Provo-based firm, Jeffs & Jeffs PC, immediately afterward.

The way he tells it, it wasn't even a great leap for him to run for a spot on the Utah State Bar Commission six years ago.

"I come from a background that I think is very rich in the practice of law, which has been very good to me and my family," he said. "It's something I feel like I owe back to the profession."

He won a spot representing the lawyers of Utah, Wasatch, Juab and Millard counties by a vote of that group. The Utah State Bar is responsible for licensing and disciplining lawyers and for public service, among other things. Those responsibilities are delegated by the Utah Supreme Court, which bears the duties under the state Constitution.

The great leap, in fact, only came recently, when Jeffs decided to run for president of the organization. Before he ran, no Utah County lawyer had held the position in more than 35 years. That's technically still true -- but as of earlier this month, the streak is destined to break when Jeffs takes the office in July 2010.

"When I originally became a bar commissioner, I had no interest whatsoever in becoming bar president," he said. "The demands of the job, the nature of the job just wasn't something I thought I'd be interested in."

Indeed, Jeffs said he anticipates about half of his professional time will go toward the volunteer job when he takes office. But the encouragement of fellow lawyers "pushed [him] over the edge," he said, and he won more of the vote among statewide attorneys than Felshaw King, his challenger from Kaysville.

Jeffs said he's excited for the opportunity to be an advocate for Utah County and surrounding areas, which have been historically underrepresented.

"By and large, appointments and service positions are dominated by attorneys from Salt Lake County," he said. "I can help influence that. More attorneys from our community will be involved in leadership positions for the bar."

He said he also plans to build relationships between attorneys and both the public and the state Legislature. Jeffs's father, M. Dayle Jeffs, attorney at Jeffs & Jeffs and a former bar commissioner, said he's proud to see his son take on the job, but he doesn't expect it to be easy.

"It's an opportunity -- but of service," he said. "You put in many dozens of hours as president of the bar, and you do it for the good of the system."

Robert Jeffs will be sworn in as president-elect this July. He takes office as president a year later, and will remain in the position for a year.

http://www.heraldextra.com/content/view/301464/17/
The Daily Herald [Provo, UT]
February 28, 2009

Oak Canyon students join 'We the People'

Linda Butler - North County staff

Oak Canyon students in Curtis Nguyen's U.S. History Honors Prep classes have taken an active involvement in understanding our country's Constitution, Congress and government through their participation in the "We the People" program.

Deseret News
Published: Saturday, Feb. 7, 2009 12:34 a.m. MST

Winner: The Utah State Bar is beginning a program that encourages seasoned attorneys to act as volunteer mentors to those who are fresh out of law school. Officials hope this will serve a couple of purposes. First, it will help young lawyers learn the ropes of the profession, which can be especially helpful to those in private practice who may not have learned practical business skills in college. Second, the collegiality will help foster greater civility among attorneys. That's always a good strategy in a field where adversity and competition often rule the day.

Jewish and Muslim children join in song

by Julia Lyon
The Salt Lake Tribune

Upset by killings in Mumbai last year and aware that innocent people were dying on both sides of the Israeli-Palestinian conflict, Alan Bachman set out to write a song about similarities.

He wanted to express how two groups that have a long history of conflict are descended from the same ancestor.

Months later, dozens of Muslim and Jewish children stood just feet from each other Sunday in the LDS Church Tabernacle in Salt Lake City and sang the same melody.

Nathan D. Alder

Updated: 12/03/2008 08:23:58 PM MST

Salt Lake Tribune

Fallout from the economic crisis is readily apparent. Those who are suffering the most are the very poor who are unable to meet even their most basic needs.

As an individual, I am concerned for the immediate welfare of our fellow Utahns -- ensuring that people obtain safety, food, shelter, income and the basic services that promote self-sufficiency. As an attorney, I think about the role that the law plays in helping people meet these basic needs.

Utah State Bar goes 'green' at its fall forum
By Linda Thomson

Deseret News

Published: Friday, Nov. 21, 2008 4:42 p.m. MST

It isn't unusual for lawyers to have meetings, but the Utah State Bar added a new element to its fall forum: an entire day of seminars on "green law practice" to help members create environmentally friendly offices, reduce the use of paper and find ways to spread the word to those outside the world of law.

Utah AG urges 'civility'
Published: October 22, 2008
http://deseretnews.com/article/1,5143,705257242,00.html

In a world that's becoming increasingly partisan and coarse, Utah Attorney General Mark Shurtleff is urging his colleagues to be civil.

Shurtleff is joining Utah Supreme Court justices, members of the Utah State Bar, the Salt Lake Interfaith Roundtable, Gov. Jon Huntsman Jr. and Lt. Gov. Gary Herbert in signing a pledge to be civil. They will put pen to paper and sign the rules during the annual Dialogue on Democracy dinner at the Little America on Thursday night.

"We can disagree without being disagreeable and engage in spirited public debates without scaring everyone away from public service," Shurtleff said in a statement.

The pledge declares that it is not an appeal for everyone to "get along." Spirited debate is still welcome, but sniping is not. The pledge sets rules that include remembering the rights and dignity of each individual, respecting others, refraining from incivility and rekindling community building.

No word if members of the often-cantankerous Utah State Legislature plan to sign it.

— Ben Winslow

State Bar Leaders Urge Presidential Candidates to Act on Civil Justice Issues

Letter, Signed by More Than 30 Bar Presidents from Across the Nation, Sent to Presidential Candidates

PDF Version

ALBANY, NY (10/20/2008; 1243)(readMedia)-- State bar presidents from across the country have joined together, calling on presidential candidates John McCain and Barack Obama to address a number of critical legal issues and policy topics confronting the nation during their respective bids for the White House. Signed by the leaders of 33 state bar associations, a letter focusing on substantive legal issues and challenges that lawyers, citizens and state bar presidents confront on a daily basis was sent to each candidate's campaign staff. The letter emanated from a summit recently convened by New York State Bar Association President Bernice K. Leber (Arent Fox LLP) in New York City.

By Rachelle Killpack
KCSG TV

Story Created: Sep 23, 2008
Story Updated: Sep 23, 2008

The Utah State Bar is reaching out to the community It wants to help Utahns who need to hire a lawyer but don't know where to start.

The bar launched a Web site findalawyer.org (www.findautahlawyer.org) to help match attorneys with potential clients.

The Bar president says the directory provides a simple-to-use online listing of participating lawyers and can be searched to match attorneys with a particular legal specialty or situation.
The site has an information section that explains what a lawyer's duties are suggestions for selecting a lawyer and ideas for controlling legal costs.

So far, over six hundred Utah lawyers are taking part in the program.

Published: September 14, 2008

http://deseretnews.com/article/content/mobile/1,5620,700258713,00.html?printView=true

The newly created Judicial Performance Evaluation Commission at its first meeting this week chose attorney V. Lowry Snow to be commission chairman. Snow also has served as past president of the Utah State Bar.

The 13-member commission also is seeking an executive director.

The state Legislature this year revised the judicial performance evaluation process to oversee the evaluation and retention recommendations for the 219 judges and justices in Utah's court system. The commission is comprised of citizens nominated by the governor, Senate, House of Representatives and the Utah Supreme Court. Its membership also includes the executive director of the Commission on Criminal and Juvenile Justice.

© 2008 Deseret News Publishing Company | All rights reserved

State Bar launches 'find a lawyer' directory

The Salt Lake Tribune
Article Last Updated: 09/04/2008 01:49:58 PM MDT

Posted: 1:49 PM-

The Utah State Bar has launched a new Web site in an effort to help people seek attorneys and better understand how to successfully work with a lawyer.

The new "Find A Utah Lawyer Directory" is available at www.findautahlawyer.org.

A question-and-answer session at the site narrows the seeker's location, then a map lists lawyers in the seeker's county. The results include a lawyer's years of practice, location, area of practice and spoken language.

There are 427 lawyers participating in the voluntary program, which includes every county. There are 21 languages represented, including Farsi, Korean, Samoan and American Sign Language.

The bar anticipates more than 1,000 lawyers will volunteer by the year's end.

- Steve Gehrke

Utah Supreme Court hears legal sanctions arguments

By JENNIFER DOBNER
Associated Press Writer

Utah's Supreme Court will decide whether a pair of attorneys representing a death row inmate should be sanctioned for violating a legal rule in a post-conviction appeal filing.
The Utah Attorney General's Office has asked for the sanctions, claiming that about a third of the 120 claims made by defense attorneys Edward K. Brass and Lynn Donaldson on behalf of Michael Anthony Archuleta were already decided by an earlier appeal or not supported by either factual evidence or law.

Assistant Attorney General Thomas Brunker said the misstep — a violation of Rule 11 — was pointed out to Brass and Donaldson in January 2004, but the attorneys failed to correct it within the 21-day time period allowed.

Sanctions could range from monetary fines to disciplinary action by the Utah State Bar. Brunker said he withdrew a request for monetary sanctions and only wants a declaration from the court that Brass and Donaldson violated the rule.

"We want to get the playing field defined," he said.

Brass and attorney Richard Mauro, who represents Donaldson, deny any impropriety or unethical behavior and contend that they only sought to preserve every possible avenue of appeal for Archuleta.

The issue was argued before the Utah Supreme Court on appeal Thursday. A 4th District Court judge already held a daylong hearing and ruled that Brass and Donaldson made no deliberate attempt to deceive the court.

Brass said he thought justices should give deference to the 17-page opinion from Judge Donald J. Eyre, who found "there was no deception, there was no unethical behavior that he wasn't deceived and there wasn't an effort to deceive him."

Brass also said no lawyer should get a "pass" for unethical behavior, but hoped the court would consider a rule that prohibits seeking sanctions when cases are still pending. The effect is like shoving "a stick into our bicycle spokes," Brass said.

"What that does is put us automatically, in the middle of litigation, at odds with our client," he said.

After the hearing, Mauro said the state's actions against Brass and Donaldson are part of an effort to dissuade defense attorneys from taking death penalty appeals cases.

"This is a personal attack on lawyers who do this work," Mauro said. "That's what our big concern is with this filing. The state now is not attacking the message (the appeal). They're attacking the messenger and that is the lawyer."

Mauro said the state's case against Brass and Donaldson has prompted other attorneys to refuse to take other death penalty appeals out of fear they'll face similar allegations. That could leave some wrongly-convicted death row inmates without a chance for exoneration, he said.

"A lot of guys get relief on claims of actual innocence and on all kinds of issue in post conviction," Mauro said. "If you don't have competent lawyers that are doing that work, some of this information is never discovered and there's a risk that you execute an innocent person."

Brunker doesn't deny the Brass/Donaldson case addresses a larger concern about post-conviction appeals that typically include the filing of massive petitions.

"We want to use it to curb abusive litigation and filing of these mega petitions, he said. It's just slowing it down and we're trying to stop that. That is our motive."

From a practical standpoint, the state's Rule 11 complaint shouldn't delay Archuleta's appeal, Brunker said.

Donaldson and Brass no longer represent Archuleta, who was recently appointed a new attorney.

Archuleta has been on death row since 1989. He was convicted of the 1988 rape, torture and death of a southern Utah college student in the mountains near Cedar City.

One of Archuleta's original defense attorneys was Ronald Nehring, who is now an Associate Utah Supreme Court justice. Nehring recused himself from Thursday's hearing. Third District Judge Paul Maughan sat on the panel instead.

Associated Press

Emergency responders get free estate help
By Matthew K. Jensen

Local attorneys donated time and services pro bono Friday, crafting dozens of wills and legal documents for valley police, fire and emergency personnel through a national program.

The Wills for Heroes Foundation was created by two young lawyers who wanted to help the families of victims following the Sept. 11 terrorist attacks. Most of the 403 first responders at the World Trade Center did not have a will.

Today the program is active throughout the country and operates in Utah through the Young Lawyers Division of the Utah State Bar, said YLD spokesperson Stephanie Pugsley.

Lawyers volunteered their time at the event to help first responders draft three documents — a last will and testament, advance health care directive and durable power of attorney.

By 5 p.m., 120 people had documents in hand.

Local attorney and Utah Bar executive Herm Olsen called the Wills for Heroes program a great opportunity both for legal professionals and those receiving the help.

“As a bar association, this is a great way for us to contribute to those who really put their lives on the line for us,” he said. Olsen, like many of the lawyers involved, is not an estate attorney. But with the help of the YLD and a sophisticated software program called HotDocs, lawyers of all backgrounds can come together to serve the men and women who work a sometimes risky profession. “These people know that death is a real possibility — maybe sooner than other professions. It’s a little hard for people to think about this but it’s far better to suffer a momentary discomfort than to ignore the problem and leave a mess,” Olsen added.

Police officers, firefighters and first responders showed up Friday with a pre-filled questionnaire about their children, real estate and beneficiaries — information lawyers then entered into computers.

“It’s a good opportunity for us to do something we probably wouldn’t have done otherwise,” said Logan Assistant Fire Chief Brady Hansen. “Hopefully nothing bad ever happens, but provided it does, we have this done.”

After just 45 minutes with a lawyer, those lucky enough to have signed up early had a packet of legally notarized documents that could cost up to $1,000 to draft in a private setting.

Organizers stressed privacy was a big concern and told participants their information would be erased after printing their wills.

The YLD says it plans to return to Cache County in the future to help those who missed the first round.

Three Wills for Heroes events have been completed in Utah during 2008.

Judge, lawyer of the year named

The Salt Lake Tribune
- Stephen Hunt

Third District Judge Glenn Iwasaki was named "Judge of the Year" last week during the Utah State Bar Achievement Awards ceremony in Sun Valley, Idaho.

Salt Lake tax attorney Charles R. Brown was voted "Lawyer of the Year."

Utah State Bar President V. Lowry Snow was presented the bar's highest honors in recognition of outstanding service to the profession and the public, according to a news release.

Iwasaki was appointed in 1992 to the 3rd District Court, serving Salt Lake, Summit and Tooele counties. He graduated from the University of Utah College of Law in 1971 and served as a deputy Salt Lake County attorney.

Prior to his judicial appointment, Iwasaki was a partner in the law firm of Collard, Pixton, Iwasaki & Downes. Iwasaki has been an adjunct professor of law at the University of Utah, he has served as a member of the Utah Supreme Court Advisory Committee on the Rules of Criminal Procedure and the Utah Task Force on Racial and Ethnic Fairness in the Judicial System.

Brown is a director with the Salt Lake City firm of Clyde Snow Sessions & Swenson. He is regularly involved in providing pro bono legal services, primarily in assisting those of limited means and military personnel and their families in the resolution of disputes with federal and state taxing authorities, according to a news release.
Brown received his juris doctor from the University of Utah College of Law in 1971.

Stephanie Wilkins Pugsley was recognized for her role as president of The Young Lawyers Division of the Bar, which brought the Wills for Heroes program to Utah and provided more than 200 wills to Utah's first responders.

The Young Lawyers also served more than 1,000 people through Tuesday Night Bar, held a toy drive to benefit dozens of family support centers from St. George to Logan, held a school supplies drive for low income children and co-hosted the second annual Mentoring Marathon, which provided hands-on interview advice to more than 60 law students.

The bar also honored Judge James Davis and Steven T. Waterman, co-chairs of the Bar's Admissions Committee, which oversees the organization's application and admission process.

- Stephen Hunt

3rd District judge is honored
By Linda Thomson
Deseret News
Published: July 19, 2008
The Utah State Bar this week honored 3rd District Judge Glenn Iwasaki as "Judge of the Year" at its annual summer convention.

Iwasaki was appointed to the bench in 1992 in the state court's 3rd District, which includes Salt Lake, Tooele and Summit counties. He received his law degree from the University of Utah and previously worked as deputy Salt Lake County attorney. Iwasaki also has been a partner in the law firm of Collard, Pixton, Iwasaki & Downs.

Among other things, Iwasaki has been an adjunct professor of law at the University of Utah, served on the Utah Task Force on Racial and Ethnic Fairness in the Judicial System, and also was part of the Utah Supreme Court Advisory Committee on the Rules of Criminal Procedure.

Iwasaki, whose family was held in an Idaho internment camp for people of Japanese ancestry during World War II, was the 13th ethnic minority admitted to the Utah State Bar in 1971.

He has said in an interview with the Deseret News that he decided to become a lawyer at age 14 because he saw this career as a way to help other people. He also was guided by his family's strong work ethic and the high expectations that his parents held for him and his siblings: Iwasaki became a lawyer and then a judge, his brother became an engineer and his sister became a nurse.

"We all went to college," Iwasaki said. "We never sat down and talked about it, but that was something that was expected of us."

The Utah State Bar also extended other honors at its achievement awards gathering on Friday.

• Charles R. Brown is the group's "Lawyer of the Year." Brown is a tax attorney and director with Clyde Snow Sessions & Swenson, a Salt Lake City firm. He often provides free legal help to low-income people, and also helps those in the military and their families with disputes over federal and state taxes.

• The Young Lawyers Division of the Bar, which is headed by attorney Stephanie Wilkins Pugsley, was recognized for its community service efforts, which most recently include the "Wills for Heroes" program to help those in the military. The group also has held a toy drive, provided school supplies for low-income children, and co-hosted a mentoring marathon offering interview advice to more than 60 law students.

• The Admissions Committee, headed by Judge James Z. Davis and Steven T. Waterman, also was recognized for its efforts to improve the rules involving admission to the bar, the application process, the bar exam and the reviews to assess an individual's character.

http://www.sltrib.com/business/ci_7817352

Tradewinds
Compiled by Brianna Lange
Article Last Updated: 12/26/2007 11:33:39 PM MST

Paul Felt, a Salt Lake City attorney, has received the Peter W. Billings Sr. Award for Excellence in Dispute Resolution from the Utah State Bar's Dispute Resolution Section. Felt, who has a private practice, received the award for his mediation and arbitration achievements. He has mediated more than 3,000 cases, 90 percent of which were settled.