Stale Bar Mews

Publication year2015
Pages42
Stale Bar Mews
Vol. 28 No. 3 Pg. 42
Utah Bar Journal
June, 2015

May, 2015

President-Elect and Bar Commission Election Results

I Congratulations to Rob Rice on his election as President-elect of the Bar. He will serve as President-elect for the 2015-2016 year and then become President for 2016-2017. Congratulations also go to Kate Conyers, and Michelle Mumford who were elected in the Third Division; Liisa Hancock who was elected in the Fourth Division; and Kristin Woods who was elected in the Fifth Division. Sincere appreciation goes to all of the candidates for their great campaigns and thoughtful involvement in the Bar and the profession.

Request for Comment on Proposed Bar Budget

The Bar staff and officers are currently preparing a proposed budget for the fiscal year that begins July 1, 2015, and ends June 30, 2016. The process being followed includes review by the Commission's Executive Committee and the Bar's Budget & Finance Committee, prior to adoption of the final budget by the Bar Commission at its June 12,2015, meeting.

The Commission is interested in assuring that the process includes as much feedback by as many members as possible. A copy of the proposed budget, in its most current permutation, is available for inspection and comment at www.utahbar.org.

Please contact John Baldwin at the Bar Office with your questions or comments:

Telephone: (801) 531-9077 I Email: jbaldwin@utahbar.org

MCLE Reminder Odd Year Reporting Cycle July 1, 2013–June 30, 2015

Active Status Lawyers complying in 2015 are required to complete a minimum of 24 hours of Utah approved CLE, which shall include a minimum of three hours of accredited ethics. One of the ethics hours shall be in the area of professionalism and civility. A minimum of twelve hours must be live in-person CLE. Please remember that your MCLE hours must be completed by June 30th and your report must be filed by July 31. For more information and to obtain a Certificate of Compliance, please visit our website at www.utahbar.org/mcle.

If you have any questions, please contact Sydnie Kuhre, MCLE Director at sydnie.kuhre@utahbar.org or (801) 297-7035 or Ryan Rapier, MCLE Assistant at ryan.rapier@utahbar.org or (801) 297-7034.

Utah Minority Bar Association's Community Donation Competition

Participate in the Utah Minority Bar Association's annual community donation competition, this year benefiting Family Promise, an organization celebrating its 20th year of operations! Family Promise - Salt Lake (a local affiliate of Family Promise National) is a 501(c)(3) non-profit, interfaith, non-proselytizing organization that provides shelter, case management and housing services to homeless families. The competition will take place from June 5-19, 2015, and the winner of the fundraiser will be announced at UMBA's Juneteenth event on June 19. All firms are invited to join the competition; email Kate Conyers at kconyers@sllda.com for more details.

Notice of Legislative Rebate

Bar policies provide that lawyers may receive a rebate of the proportion of their annual Bar license fee that has been expended during the fiscal year for lobbying and any legislative-related expenses by notifying Executive Director John C. Baldwin, 645 South 200 East, Salt Lake City, Utah 84111 or at jbaldwin@utahbar.org.

The amount which was expended on lobbying and legislative-related expenses in the preceding fiscal year was 3.37% of the mandatory license fees. Your rebate would total: Active Status - $14.32; Active -Admitted Under 3 Years Status - $8.43; Inactive with Services Status - $5.06; and Inactive with No Services Status - $3.54.

Commission Highlights

The Utah State Bar Board of Commissioners received the following reports and took the actions indicated during the March 12, 2015 Commission Meeting held at the 2015 Spring Convention in St. George, Utah.

1. The Bar Commission approved establishing a short-term committee to develop a strategy for providing affordable legal services to the middle class and implementation of the recommendations of the Futures Commission. Commissioners have two weeks to suggest members of the committee to the Executive Committee for their consideration and proposal to the Commission. Angelina Tsu will chair the committee which will prepare a proposed strategy to be presented at the next Commission meeting.

2. The Bar Commission approved a change to the Modest Means policy to require participating lawyers to provide the first thirty minutes of the first meeting with prospective clients for free.

The minute text of this and other meetings of the Bar Commission are available at the office of the Executive Director.

Mandatory Online Licensing

The annual Bar licensing renewal process will begin June 1, 2015 and will be done only online. Sealed cards will be mailed the last week of May to your address of record. (Update your address information now at http://www.myutahbar.org). The cards will include a login and password to access the renewal form and will outline the steps to re-license. Renewing your license online is simple and efficient, taking only about five minutes. With the online system you will be able to verify and update your unique licensure information, join sections and specialty bars, answer a few questions, and pay all fees.

No separate licensing form will be sent in the mail. You will be asked to certify that you are the licensee identified in this renewal system. Therefore, this process should only be completed by the individual licensee, not by a secretary, office manager, or other representative. Upon completion of the renewal process, you will be shown a Certificate of License Renewal that you can print and use as a receipt for your records. This certificate can be used as proof of licensure, allowing you to continue practicing until you receive your renewal sticker, via the U.S. Postal Service. If you do not receive your license in a timely manner, call (801) 531-9077.

Licensing forms and fees are due July 1 and will be late August 1. Unless the licensing form is completed online by September 1, your license will be suspended.

We are increasing the use of technology to improve communications and save time and resources. Utah Supreme Court Rule 14-507 requires lawyers to provide their current email address to the Bar. If you need to update your email address of record, please contact onlineservices@utahbar.

CLE on Facebook

As per a number of requests from members, CLE is expanding their online presence into a new Facebook page. Upcoming training courses, convention information and CLE updates will be posted to https://www.facebook.com/pages/Continuing-Legal-Education/951373118206441. "Like" this page to receive the latest feeds.

11th-12th Grade Magna Carta Grand Prize Essay

by Sha'uri Alonso

The "Great Charter"

Magna Carta was the first constitutional manuscript and one of the most significant documents on the path to democracy. Magna Carta was important to the Founding Fathers, and they incorporated many of the principles of Magna Carta as they established the United States. They analyzed and understood this document's part in guaranteeing basic rights and freedoms for the English. Before it had been created, monarchs ruled supreme. With Magna Carta, the king was not allowed to be above the law. Instead, he had to respect the rule of law and not abuse his position as king.

The Great Charter was a clear inspiration for the founders because they included several of its provisions in the Bill of Rights. A key item that the Great Charter provided was the Habeas Corpus or the right to due process. Section 39 of Magna Carta contains the law of the land provision. King John protected the people from prosecution for crimes, unless done so according to the prevailing law. This provision made arbitrary prosecution illegal. In the Fifth Amendment to the Constitution, the founders incorporated a modern version of the same idea. The American Constitution prevents the national government from taking citizens' "life, liberty or property," except when done according to due process of law. This statement, known as the due process clause, provides Americans with assurance that legal action against them has to follow a familiar and understandable pattern.

Another idea that originated from Magna Carta, and is now seen today in our constitution, is what is known as trial by jury. Criminal prosecutions are a threat to citizens because of potential loss of freedom. King John promised the people in Magna Carta that he would not abuse his power by imprisoning them unless their peers found the punishment just. This declaration became part of the American Constitution. The Sixth Amendment ensures American citizens can receive a fair trial by jury in all criminal proceedings. The jury must be impartial and made up of fellow citizens living within the same district of the alleged crime. Cruel and unusual punishment was also mentioned in the Great Charter. In section 20 it informed the English that the royalty could not inflict cruel punishment against citizens. The fear was that monarchs would punish people so severely that it would become a means of depriving individuals of freedom. King John agreed that punishment should be in harmony with the gravity of the offense. The Eighth Amendment includes the same principle. Excessive bail amounts and excessive fines are unconstitutional under this amendment.

The rights written in the Great Charter did not grant any new rights, but it did protect existing rights. It also included reasonable limits on taxes and a degree of guaranteed religious freedom. The Great Charter was a significant influence on the historical process that has resulted in the rule of constitutional law today.

8th–10th Grade Magna Carta Grand Prize Essay

by Aubrey Grasteit

The Importance of Magna Carta

On June 15th of this year, many people will...

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