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Executive Committee Meeting Minutes

Minutes for September 12, 2012

PDF Version

The executive committee members who were present or participating by telephone were: Ryan
Frazier, George Burbidge, David Castleberry, Heather Thuet, Judge Roth, Nicholas Caine, Keith Call,
Shane Gosdis, Jon Hafen, Richard Kaplan, Christian Kesselring, Brad Masters, Alec McGinn, Isaac
Paxman, Heather Sneddon, Michael Stahler, Dan Steele, and Patrick Tanner. Christian Hansen, Joseph Stulz and Jenifer Tomchak appeared by phone.

The Executive Committee members who were excused were: Judge Toomey, Nicole Farrell, and
Bryan Pattison.

1. Secretary's Report: Heather Thuet, secretary, presented the minutes from the August meeting.
The draft minutes incorrectly reflected the attendance of Richard Kaplan and Rod Andreason.
Subject to the forgoing modifications concerning attendees, the minutes were unanimously
approved by the committee.

2. Treasurer's Report: David Castleberry, treasurer, reported that according to financials from
June the litigation section has a $40,000 balance in its account.

3. Budget Policy Discussion: What amount should be held in section account at year end? David
Castleberry, treasurer, reports that section account balance is growing every year with net
increases of $1,996 at end of 2009-2010; $5,067 at the end of 2010-2011 and $7,222 at the end
of 2011-2012. An increase in section dues was made in 2009-2010 resulting in an increase in
income of $7,645. Ryan Frazier asks if income is exceeding expenses, then are we overcharging
for section dues or should we increase services. Hafen suggests that section could offer rise and
shine cle breakfasts, which typically cost about $3,000, for free or for nominal fee to members.
Keith Call suggests that section could offer subsidized NITA type program offered every couple
of years and questions necessity of large rainy day fund. Hafen agrees that $10,000-$15,000
reserve balance should be held, and that section support of a subsidized NITA type program and
trial academy should be factored into the section’s budget. Judge Roth suggests a sliding scale
cost with reduced expense for those in practice less than three years. Frazier suggests that
section could sponsor trial academy, but that it is not as hands on. Hafen suggests that section
could draw on local talent and sponsor a NITA-type two day hands on training. Joe Stultz
suggests that section reserve would be $10,000. Keith agrees we need to lower reserves,
perhaps around $15,000. Motion was made by Jon Hafen that section should have $15,000 in
unallocated funds to be held as reserve by September 30, 2014. George seconded the motion.
All approved.
Further discussion about how section will allocate excess funds above the reserve tabled for
next meeting. Hafen will research expenses for NITA and trial academy and report at next

4. Chair's Report: Ryan Frazier, president, reports that Jon Hafen has completed Section Survey
which has been approved by J. Harris, J. Lindberg and J. Toomey. Anticipates that Survey will be
sent out prior to October meeting.
Due to time constraints, chair’s report re: expanded section offerings and section assistance for
the judiciary tabled for next meeting. At next meeting, Ryan will also assign task and set
deadlines for the 2013-2014 year.

5. Utah State Bar Leadership Committee Report: George reports that bar is inviting stories to
improve public perception of attorneys. Bar has started Modest Means Committee where
unemployed/underemployed attorneys provide legal services at reduced expenses. Drive to
increase diversity in the bar.

6. Section Contributions to And Justice For All:

7. CLE
a. Quarterly Lunches: Jennifer Tomchak Q3 on Expert Discovery Under the New Rules,
held October 2, 2012.
b. Rise & Shine CLEs: No Rise & Shine will be held on Q3. Keith Call will put Q4 on
Budgeting Under the New Rules, date TBD. Heather Thuet will put 2014 Q1, Ready or
Not, Here it Comes? Green Filing Mandatory State Court April 2013 (Debra Moore).
c. Golf & CLE: Dan Steele Golf & CLEs. Lincoln Mead speaker re: email management on
August 24 in Cache County. Heather Sneddon presented on new case law. Rick Kaplan
spoke on September 7 at Hobble Creek. Both events were successful. Next event will
be on October 18, 2012 at Sand Hollow and invites ideas for speakers. Revenue loss for
all three events approximately $4,000.
d. Fall Forum & Trial Seminar: Patrick Tanner is putting together an abbreviated trial
academy on November 9 in the Ballroom with Frank Carney.
e. Southern Utah Federal Law Symposium: Jon Hafen has persuaded J. Stewart, J. Benson,
J. Thurman to present and it will be held on May 9-11, 2013. Brochure available early
f. Spring Convention: Christian Kesselring agreed to be section representative and to
attend first planning meeting on September 25 and is tasked to secure Friday morning
g. Annual Meeting: Jon Hafen has agreed to be section representative and assures that he
will jockey for prime slots. Justice Scalia will be speaker at 2013 Annual Convention in
Snowmass, Co. Accommodations are half as expensive as Sun Valley and plan is to show
the movie Ice Age.

8. Newsletter: Nichole Farrell reminds those that are assigned tasks the importance of meeting
deadlines. Ryan is polishing up his president’s message.

9. Law Student Relations Committee: Isaac states that law students have interest in attending
section events. Discussion tabled until next meeting. Jon reports that YLD is excited about
sponsoring pizza party and would like to cosponsor and will put YLD rep in touch with Isaac.

10. Technology/Website: Discussion was tabled until October meeting.

11. Bench Books: Discussion was tabled until October meeting.

12. Donations: Discussion was tabled until October meeting.

13. Minority Bar Association: Section has received request to make to sponsor $500 scholarship at
Luau which will be named after the Litigation section. Jon Hafen made motion for $1,000
annual scholarship to be included in the budget, seconded by Patrick. A motion was made to
amend by Rod Andreason for $500 scholarship, seconded by Dan Steele. J. Roth speaks in favor
of making donation as it serves section’s goals. Motion to amend did not pass. No opposition to
original motion for $1,000 annual scholarship to be given at Minority Law Association.

There being no further business, Jon Hafen made motion to adjourn, seconded by David Castleberry.

Adjourned at 9:05 am.
Meeting minutes approved ____________, 2012.
For the Executive Committee
/s/ Heather L. Thuet