State Bar News

JurisdictionUtah,United States
CitationVol. 5 No. 9 Pg. 20
Pages20
Publication year1992
State Bar News
Vol. 5 No. 9 Pg. 20
Utah Bar Journal
November, 1992

Commission Highlights

During its regularly scheduled meeting of October 1, 1992 at the Vernal City Council Chambers the Board of Bar Commissioners received the following reports and took the actions indicated.

1. The minutes of the August 20, 1992 Commission meeting minutes were adopted with minor modifications.

2. Reed Martineau, the Bar's representative to the American Bar Association, reported on the ABA's Annual Meeting in San Francisco. He noted that the ABA was addressing several controversial issues, and that they had reversed their previous positions on ancillary business practices, and on the abortion/choice issue.

3. The Board approved the list of applicants passing the July Bar Examination and requested the Admissions Committee to examine the upward trend in passing rates experienced during the last several examinations.

4. The Board discussed its previous decision to only allow the transfer of Multi-state Bar Examination scores when that examination has been taken concurrent with the Utah State Bar Exam and requested Bar Counsel Steve Trost to modify his petition to the Court to reflect that reaffirmation.

5. Keith Kelly, President of the Young Lawyers Section, reported on activities to create a senior citizens legal information video, and the recent work of the HIV Legal Issues Committee.

6. The Board reviewed the dates for the 1993 and 1994 Annual Meetings and confirmed that the 1993 meeting would be held in Sun Valley from June 30 through July 3. and the 1994 Annual Meeting would be held in Sun Valley from June 29 through July 2.

7. Randy Dryer reported on his appearances before the Legislature's Interim Judiciary Committee and the Utah Judicial Council to present the Bar's proposed amendments to the draft Court Commissioner Authority Rules.

8. Dryer reported on his attendance at the Colorado, Washington and New Mexico state bar meetings. He indicated that Colorado was aggressively undertaking the promotion of alternative dispute resolution among its members, that Washington was facing severe budget problems and proposing a substantial dues increase, and that New Mexico was soon to begin construction on a new bar center.

9. The Commission reviewed correspondence from Ogden attorney, Mark Gould, and the Bar's malpractice insurance brokers, Rollins Burdick Hunter, and discussed the availability and affordability of malpractice insurance and reaffirmed its policy to require insurance for panel members of the Lawyer Referral Service.

10. Dryer reported on the debate between the candidates for the Office of Attorney General and on the up-coming gubernatorial debate which are being co-sponsored by the Bar and the Salt Lake County Bar.

11. The Board discussed the recent Judicial Council's recertification of judges to stand for retention elections. The Board resolved that Dryer should express the Board's concern about the current implementation of the judicial retention process, and requested Dryer, Reed Martineau and Craig Snyder meet with the Judicial Council to represent that position.

12. The Board appointed Stephen Henriod and Lynn Larsen as the Democratic and Republican alternates on the Appellate Court Judicial Nominating Commission.

13. The Board voted to ratify the action of the Executive Committee to join in an amicus brief in a Massachusetts IOLTA lawsuit.

14. The Board voted to appropriate $4, 000 from the Contingency Fund to the Bar's Future's Commission for purposes of compiling statistics and performing analysis of bar demographics and trends.

15. The Board voted to propose David Watkiss to replace Leslie Francis on the Judicial Council's Ethics Advisory Committee.

16. The Board voted to propose amended rules for New Lawyer Continuing Legal Education.

17. The Board voted to approve bylaws for the newly formed Constitutional Law Section.

18. The Board discussed and approved proposed changes to the Rules For Integration relating to the relationship between the Bar and the Supreme Court which would appropriately clarify roles and responsibilities. Denise Dragoo was requested to revise the previous draft to reflect the actions of the Board and Dryer was authorized to present the changes to the Court.

19. All staff and ex-officio members were excused and all discipline was acted upon.

20. Paul Moxley and Steve Trost reported on their review of the amendments to the Code of Judicial Administration. Randy Dryer was requested to send a letter to the Judicial Council expressing the Commission's concerns.

21. The Board received the 1991-92 audit prepared by Deloitte & Touche, and reviewed the August financial statements.

The minutes of this and other meetings of the Bar Commission are available for inspection at the office of the Executive Director.

Mark Your Calendars

The Young Lawyer's Section is sponsoring the following free CLE Brown Bag Luncheon: Wednesday, November 18, 1992, 12:00 noon at the Law and Justice Center, 645 South 200 East, Salt Lake City, Utah. Topic will be "Representation of 1983 Actions in Federal Court". The speakers will be Magistrate Ronald N. Boyce and Magistrate Samuel Alba. This has been approved for 1 hour general CLE credit.

Utah State Bar Ethics Advisory Opinion Committee Opinion #116

ISSUE

Under what circumstances may an attorney represent both parties in a divorce?

O...

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