MINUTES
PARK CITY BAR ASSOCIATION BOARD MEETING
MARCH 21, 2002

PRESENT: Dwayne Vance, Lade Heaton, Barbara Sharp, Christina Miller, Frank Miller, Kathy Kinsman, Mark Kozak

ABSENT: Sam Adams

Dwayne Vance called the meeting to order. The January minutes were approved without comment..

CLE and Ski: Christina distributed comparative figures for last year and this year. Our total income was down, we had 12 less attendees than last year due to absences after the Olympics and competition from a Young Lawyers CLE with the same ski/CLE format in SLC (although last year was our best attendance ever with direct competition from the Mid Year Bar meeting in St. George). Also donations from sponsoring banks were down as well because of their Olympic participation, but should return to normal after that. Fortunately, our expenses were down this year as well over last year at the Canyons. Profit so far (not all bills paid, including Judge Kozinski’s) is $4,316.99. Park City was a good venue,although the acoustics need adjusting/improving. The hang tags were very convenient for combination ski/lunch, however there was no way to cap the lunch expenditure, which was supposed to be at $20. Most people ate less, but some yahoo spent $35 for lunch. All members questioned the future necessity for bringing in an out of town moderator, Judge Kozinski for past 2 years and Doug Fox in years past. It does not seem to be a draw. We will consider someone local, perhaps Michael Zimmerman or Judge Orme, who has been a popular panel member the last 2 years. Other things to consider for next year: Negotiate a better deal with Park City on the lift tickets to eliminate gap between the time the program ended at 11:30 am and the time the ski passes were good at 1:00 pm. Also, Wendy Faber approached us about Deer Valley, but there is a problem with the unavailability of snowboarding. Still, it is worth getting a bid.

Next Year’s Board: Summer social is coming up, and we need to think about new nominees. Frank declined to slide into president from v.p. on a philosophical basis because he is not a practicing attorney. As always, we would welcome new blood on the board.

Kathy Kinsman reported on CLE: April CLE is on the 25th, execution and judgments, 12 pm at library. Dwayne mentioned calling Clayton, Haworth and Cannon in SLC about doing an intellectual property presentation. Christina volunteered to do one on protection orders. Everyone agreed that Kathy has done an excellent job keeping the CLE program organized with timely and useful topics.

Webmaster Lade Heaton : needs an introductory page from Dwayne to get web page up and running. We will post current minutes and archive the rest. However, we need pictures, what we have are not current. Not to change the subject, but Summit County needs small claims judges. The application forms and/or contact information should be put on the web to recruit.

Mark Kozak, Treasury: books look good, over $13,296.00 in account, but he needs to close account at Wells Fargo, formerly First Interstate, approximately $400 remaining there. Most of CLE and Ski bills have been paid except for Judge Kozinski’s bills which he has not submitted. The CD has been liquidated into main checking account at Frontier. It was suggested that some of that money should go back into a CD, $5,000- $7000.00. The only major upcoming expenses are the scholarship and KPCW donation. Christina proposed a 6 month CD for $7000, it was voted on and carried unanimously.

High School Scholarship: In the past it has been $1000. It was voted on and approved that we would again offer the scholarship, with the sole criteria that it be given on the basis of financial need. Last year the school district was given carte blanche to decide the criteria. The awards program is May 30, Dwayne will attend to do the honors.

Summit County Restaurant Tax Application: Due March 28. We discussed the possibility of applying for funds to put art in the court complex, as we were skunked last year on the CLE/Ski application. Frank talked to Dana Williams about the tax monies and where it actually goes: $3.5 million over past 3 years, and 75% went to restaurants and lodging entities, ie for profit ventures, with PCMC and Summit County following as the big boy recipients. With respect to the arts in the court complex, the statute says the art is supposed to be in areas that tourists frequent, and Frank felt it would be a stretch. The tourists that do frequent the court complex are there on an involuntary basis. Frank will help Dwayne tweak our application for CLE and Ski, and hopefully Dana Williams will get involved on the issue of the big bucks going to the for- profiteers in the restaurant/lodging entities.

Speaking of art, Carol Tesch approached Christina again about our purchasing art. She was told to come to meeting for a presentation, no mention of money was made. So forewarned, we will hang on to our wallets and our tongues if she does appear at a future meeting.

Summit County Court political quagmire and other back room dealings : Dwayne and Christina met with Judge Neering, court administrators, various attorneys, Judge Hilder, for input on 2 issues: status of Judge Hilder regarding the county’s alleged attempts to run Judge Hilder out of the county because he does not rubber stamp the county’s position (water issues, etc.). Bob Atkins distanced himself from that issue. At a follow up meeting March 20, with Shauna Kerr in attendance, Judge Neering stated that Judge Hilder will remain indefinitely.

Other issue is the battle of the courthouses, Coalville v. Justice Center. The only complaints are from the commissioners, due to pressure from the Coalville merchants. State statute requires that a county seat must have a courthouse with court held at least 1 time per quarter. Judge Neering made it clear that, but for the statute he would close the the Coalville courthouse. However, it is the perception in Coalville that if they lose the court they will lose the county seat. Paradoxically, it was Summit County who moved the jail and justice center out of Coalville, so shot themselves in foot by doing so. Court staffing is what makes it difficult to hold court in Coalville. More judicial resources should be available in July. Ironically, the Summit County caseload is less than Tooele but cases are more complex, with parties more litigious and willing to throw money at their cases. Court has not done a good job of tracking cases filed in Coalville vs.Silver Summit. To simplify, now anything filed in Coalville will stay there, as well as probate, debt collection, and anything in which the county is a party. There will be a Coalville court day every month. Judge Neering intimated that it may be possible to get an overflow judge from SLC for Coalville court days. All criminal and domestic cases, regardless of where they are filed, will come to the Justice Center for security reasons. Overflow judge may be able to alleviate the load in the Justice Center. In some cases it may be an incentive to file a case in Coalville for faster scheduling.

Kathy: Survey of PC attorneys/ bar members on the issue of Judge Hilder staying/going: should be sooner rather than later. It should be sent out with solicitations for new board members for the spring social.

Miscellaneous : Law Day is May 1, theme is “Assuring Equal Justice for All”

Lade Heaton suggested we have Judge Hilder come speak at spring social.

The meeting adjourned at 9:19 am, with still some doughnuts left.

Respectfully submitted,
Barbara W. Sharp
secretary