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Executive Committee Meeting Minutes

Minutes for February 8, 2012

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Litigation Section Committee Minutes
February 8, 2012
The Executive Committee of the Litigation Section met on Wednesday, February 8, 2012, at 8:00 a.m. at the Utah Law and Justice Center in Salt Lake City, Utah.

Executive Committee members who were present or participating by telephone were: Rick Kaplan, Nicholas Caine, Joe Stultz, Judge Toomey, Isaac Paxman, Jon Hafen, Seth Oxborrow, Patrick Burt, Keith Call, Ryan Frazier, Judge Roth, Patrick Tanner, Heather Sneddon, Randy Jeffs, Heather Thuet, and Bryan Pattison.

The following Executive Committee members were excused: Kent Holmberg, Nicole Farrell, George Burbidge, and Alec McGinn.

1. Minutes: The minutes for the January 2012 meeting were approved as corrected.

2. Treasurerís Report: George Burbidge, the executive committee treasurer, was excused.

3. Chair Report: Jon Hafen welcomed Judge Toomey as a new member. The committee discussed judges to nominate for Judge of the Year. The committee discussed nominating Judge Pullen for his work with the new rules. Judge Toomey and Judge Roth supported the nomination. Motion made and passed to support Judge Pullen as judge of the year. Heather Thuet said that she would obtain the criteria for the committee to consider for mentor of the year and attorney of the year nominations, and would also let the committee know the deadlines for the nominations.

4. Government Relations: Ryan Frazier attended his weekly meeting yesterday regarding the legislature and pending legislation. The committee discussed certain bills that could affect litigation in Utah, such as court reporting and offers of judgment. A motion was passed to take no position on the offer of judgment bill.

5. CLE:
a. Quarterly Luncheon: The next quarterly luncheon will be held on February 21, 2012. Judge Toomey is on the panel, and Jon Hafen will moderate. The luncheon will cover the new local rule in the Third and Fourth Districts for discovery dispute resolution, and new rules for family law cases and personal injury cases. The committee agrees that it would be important to add a link on the section's website to the local rule. Heather Sneddon will mention this to Kent Holmberg.
b. Rise & Shine CLE: This CLE is set for March 7, 2012 at 8:00 at the Utah Law & Justice Center. Patrick Burt will work on obtaining written materials and publicity for the CLE. The theme of the CLE will be "what I wish the other side knew."
c. Judicial Receptions:
i. Second District: The Second District has an upcoming presentation on body language on May 9, 2012. On October 5, 2012, an Evening with the
Judges is planned. On November 2, 2012, a Contempt of Clerk presentation is planned.
ii. Third District Court: An Evening with the Judges is planned for February 16, 2012 at the Utah Law & Justice Center. Patrick Tanner will moderate, and will do a summary for the newsletter. Pricing is as follows: $25 members and $60 for non-members.
iii. Fourth District: Isaac Paxman said that an Evening with the Judges is slated for March 8, 2012 at 6:00 p.m. Judge McVey will provide a key note address. Dayle Jeffs will give a presentation about the history of the court, since he has been practicing for the last five decades. It is a free event. Randy Jeffs and Isaac Paxman will moderate. The committee hopes that this event will show that the Litigation Section is committed to Utah County, and that the attorneys in the area will see the benefit of membership in the section.
d. Spring Convention: Jon Hafen will talk Alec McGinn about where we are at with this event.
e. Golf & CLE: Jon will follow up Dan Steele regarding the Golf & CLEs.
f. Annual Meeting: Heather Thuet has lined up a number of judges as part of the presentations. Our time slots are on Thursday morning and afternoon. The topic will be the new rules.
g. Trial Seminar: Jon Hafen would like to offer a program for mentors and mentees that outlines basics skills and concepts. Because Connie Howard would prefer that this does not happen in April, Jon Hafen suggested that we hold the seminar in September or October 2012. Judge Roth said that NITA publishes an excellent book, Modern Trial Advocacy by Steven Lubet, that he uses whenever he teaches a trial seminar. Jon Hafen asked Judge Roth whether he would be willing to take an hour and teach at this trial seminar. With apologies to his clerks, Judge Roth said that he can help.
h. Southern Utah Federal Law Symposium: Jon Hafen said that a brochure should be going out soon. It is set for early May. William Souter will be able to swear in attorneys to the U.S. Supreme Court.

6. Newsletter: The Newsletter should go out nearly next week. We should have a link in the Newsletter to the new local rule regarding discovery disputes. An advertiser has asked to sponsor the newsletter. The committee discussed whether we should allow advertisements, and what the pricing should be. We will discuss pricing at our next meeting.

7. Law Student Relations: Isaac Paxman thanked Seth Oxborrow for putting together a great poster on the paper bank. Our law student members drafted information for the campus notes section of the Newsletter.

8. Bench Books: The committee will continue to solicit bench books, and put new information on the website. After discussions with the other appellate judges, Judge Roth said that bench books for individual judges in the Court of Appeals are not favored, but a practice guide might be helpful for the judges and the practitioners in the Court of Appeals, similar to what the Utah Supreme Court has developed.

Adjouned at 9:05 a.m.

Next Meeting March 14, 2012.
For the Executive Committee