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Executive Committee Meeting Minutes

Minutes for June 12, 2013

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Present: Ryan Frazier, George Burbidge, David Castleberry, Heather Thuet, Hon. Stephen Roth,
Hon. Kate Toomey, Rod Andreason, Keith Call, Nicole Farrell, Greg Gunn, Jon Hafen,
Kent Holmberg, Christian Kesselring, Isaac Paxman, Heather Sneddon, Michael
Stahler, and Jenifer Tomchak.

By phone: Christian Hansen, Bryan Pattison, and Richard Kaplan.

Excused:
Hon. Denise P. Lindberg and Joe Stulz.

1. Chairís Report: Ryan Frazier discussed survey regarding filings in West Jordan court. Judge
Toomey stated that numerous forms of civil filings were high in West Jordan. George Burbidge
advised that they had over 100 responses to the survey and will report at next meeting. Ryan
discussed possibility of Section providing scholarship for attendance at Snowmass Convention
per Connie Howard. Judge Toomey understands that registration is down, but several
concurred that it is likely too late to announce scholarship. Ryan reported that he and George
attended a section leadership conference where the Bar encouraged section leaders to spend
their section monies, including using dues to get more national speakers and to send leaders to
attend national leadership conferences. There, George explained to the Bar the Sectionís
fiduciary reluctance to spend Section dues even on basic drinks and doughnuts for Section
meetings, but was told that considering the cost of Committee membersí time and service, the
Section should have no problem spending money for refreshments and should really be
sponsoring leadership attendance at national meetings. Ryan reported that he was told the
Section has $61,700. Judge Toomey supported bringing in national speakers to bring in new
ideas, which may have broader benefit with less expense. George said that ABA subsidizes some
expenses for attendance at national conventions. George said that the Bar is concerned with
sections who collect dues but donít provide benefits, which all concurred our Section does
provide. Ryan explained that the Bar wants sections to provide more contemporaneous
benefits to their members. George also reported that Bar is encouraging use of sectionsí dues
for Modest Means program. Nichole Farrell recalled that the Committee discussed providing
more to And Justice for All, suggested Committee look at doing that again. Isaac Paxman
suggested that we first make more of the Sectionís events free, including Rise & Shine and
services to areas outside of Wasatch Front. Ryan agreed, suggesting expanded CLE offerings,
including perhaps double the quarterly lunches. Heather Sneddon, mentioned that adding a
judicial reception following events would be an added benefit to members.

2. Secretaryís Report: Minutes from the May meeting were presented by Heather Thuet.
Following motion to approve made by Judge Toomey, seconded by several, the minutes were
unanimously approved by the committee.

3. Treasurerís Report: David Castleberry reports that Section has $60,400, and we are well on
budget, although we donít have May expenses yet, also have two big expenses coming up: the
Trial Academy and the administrative expenses at the end of the year, anywhere from $12,000-
15,000. We are in the black for this year of $20,000 and have a carryover of $40,000, but will be
expenses coming up.

4. Newsletter: Nichole Farrell reported that the newsletter went out the prior month, and that
after two years of doing the newsletter, had spoken with George about getting a successor.
George asked that after elections are held, that members talk to George about what committee
assignments they would like for the upcoming year, expressing thanks to Nichole for her work
and for agreeing to guide the next person in charge of the newsletter.

5. Technology: Shane was not present but sent email in advance of the meeting, stating that we
are making good progress on social media for the Sectionís web site and implementing the
changes we have discussed, and are also on track for the fourth quarter Rise & Shine pending his
receipt of a date for that event. Ryan discussed the Section potentially updating its web site to
match what the Bar has done in revising its site, to be discussed further at a future meeting.

6. Bench Books: David Castleberry indicated that there were no new items to discuss.

7. CLE
a. Quarterly Lunches:
i. 2013 Q2: Ryan reported from Joe Stulz that 100 had registered for the June 18,
professionalism and civility CLE. Ryan recommended that we have such CLEs at
the end of each reporting year to benefit board members.
ii. 2013 Q3: Ryan Frazier agreed to take charge of this CLE.
iii. 2013 Q4: Kent Holmberg agreed he will be preparing this CLE.
b. Rise & Shine
i. Keith Call made a motion to waive the fee for Rise & Shine CLEs, seconded by
Jon Hafen, motion carried unanimously.
ii. 2013 Q2: Michael Stahler reported that panel for Crafting Effective Written
Discovery Under the New Rules, comprised of Bryan Larsen, Tristan Smith, and
Michael would take place the next day.
iii. 2013 Q3: Isaac Paxman stated that he and George had discussed possible
changes to a Q3 Rise & Shine but had not solidified yet, but he would lock it in.
Heather Thuet noted that presentation by U of U Professor Jerry Gardner on
Perfecting Presentation Skills was confirmed for September 10. Isaac asked if
his Rise & Shine should be moved to the fourth quarter. Isaac said that he
would check with Judge Shelbyís schedule and confirm what should be done, or
whether this should be the Q3 Quarterly Lunch.
c. Third District Judicial Reception: David Castleberry stated that this was scheduled for
August 21 with Judges Hansen, Harris, Stone and Blanch have confirmed.
d. Second District Judicial Reception: Jen Tomchak has been in contact with the President
of the Davis County Bar Association but has not received a response yet, but will
continue to inquire.
e. Ryan recommended that we reach out to more areas, such as St. George and Logan.
Richard Kaplan agreed with this idea for his area. Bryan Pattison advised that the
Southern Utah Bar is very active and does a lot of CLEs involving judges and would likely
be interested in this. Ryan suggested that the Section co-sponsor such receptions in
these areas. Judge Toomey noted that there was a new judge in St. George who may be
willing to participate. Isaac recommended that we do a lunch event. Jon stated that we
could also fly judges down to St. George to attend events. Judge Toomey noted that the
State is adding two judges to the Eighth District, and it may be wise to expand our
influence into that area. Ryan inquired whether we could find out statistically where
our Section members are located to know where we should be serving. Kent said that
we have a list of such members that is eight months old but can be updated, and this
may be a membership opportunity. Judge Roth mentioned that the Seventh District has
an active bar association and recommended supporting that association in more
expansive events, the practitioners there have astoundingly congenial interaction, and
we should reach out more to local bar associations. Jon said that the Section could
receive great benefit by reaching out to these areas and having CLEs. Judge Toomey
said that we would get a lot of benefit from taking these CLEs on the road to establish
more rapport and connections with other districts. Ryan said that we may not be able
to do all different locations every year, but perhaps rotate an outlying area each year.
Judge Toomey says that even 12 people attending a CLE in an outlying area would be
worthwhile and pay for itself.
f. Golf & CLE: Dan not present, but Ryan reports from Dan that Utah County Golf & CLE is
changed to August 16.
g. Summer Convention: Jon Hafen reports the event is all set and he hopes that more will
attend, is interested to see how attendance at Snowmass goes. Judge Toomey reported
that it is typical for attendance to be low until shortly before such conventions occur.
h. Fall Forum (November 14-15, 2013): Jon Hafen reported that this is in good shape,
similar to summer convention. He recommended that we discuss whether to do the
trial academy and expanded fall forum in alternating years.
i. Trial Academy: Michael Stahler reported that the Trial Academy was well-attended and
received many positive comments. Many attorneys were concerned about doing the
examinations, but then did very well. People asked for longer sessions, more days of
hands-on practice. Michael said that he was willing to attend other events and take
many pictures, is starting a Shutterfly share site so that all Section events can be
photographed, put on web site, and made available on the Sectionís site. Jon said that
we used the new camera, which was really nice and portable, worked well. Connie has
the camera, which we can request for events. The Academy was taped and can be put
on the web site for CLE. Discussed preparing a DVD with all of the keynote speakers
given to attendees. People were very engaged, may need to expand analysis of expert
examinations. Heather Sneddon reports that student participation was excellent and
they were well-prepared, a critical piece of the program. Ryan Frazier commended
Michael Stahler, Jon Hafen, Nichole Farrell, Heather Sneddon, and all others involved in
this for putting the Academy together and making it work so well.

8. Guardian Ad Litem: Keith Call reported that 37 had signed up to be private GALs, although they
were not yet certified. The GALís office would like our help in doing CLEs for this. The cost is
small. Keith asked for Section support in sponsoring this. Jon Hafen made motion for Keith Call
to spearhead efforts of Section to support setting up GAL CLE offerings, Heather Sneddon
seconded, motion carried unanimously.

9. Elections: Ryan Frazier thanked all on the Committee for their efforts this past year. Ryan ran
elections for offices. Ryan stated that George was the Chair beginning at the conclusion of the
meeting. David Castleberry was unanimously elected unopposed as Chair-Elect. Heather Thuet
was unanimously elected unopposed as Treasurer. Keith Call was nominated for Secretary but
declined due to his work with GAL and other projects, which Judge Toomey recommended he
continue. Rod Andreason is unanimously elected unopposed as Secretary. Ryan asked Heather
Thuet to send an announcement to the Section regarding the newly-elected officers and to
update the Section web site.

10. Student Relations Committee: Isaac stated that after seven years on this Committee, it may be
best to have fresh blood in charge. Decision on this was deferred to the August meeting.

Meeting adjourned at 9:10 am.
For the Executive Committee
/s/ Rod N. Andreason
Secretary
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