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Executive Committee Meeting Minutes

Minutes for Septmeber 11, 2013

PDF Version

Litigation Section Executive Committee Meeting Minutes

Present: George Burbidge, David Castleberry, Heather Thuet, Rod Andreason, Patrick Burt,
Ryan Frazier, Shane Gosdis, Gregory Gunn, Jon Hafen, Heather Sneddon, and Jenifer
Tomchak.

By Phone: Christian Kesselring, Amber Masters, Kelly Nash, Bryan Pattison, and Sade Turner.

Excused: Hon. Stephen Roth, Hon. Kate Toomey, Keith Call, Kent Holmberg, Michael Stahler,
and Dan Steele.

1. Chair's Report: George Burbidge welcomed Amber Masters as a new student representative to
the Committee from the J. Reuben Clark Law School. He also inquired as to whether we should
pursue Skyping our Committee meetings. The Committee discussed the advantages and
disadvantages of doing so. George decided to research and consider this further.

2. Secretary’s Report: Rod Andreason presented draft minutes from the August 14, 2013 meeting.
Ryan Frazier moved to approve the minutes, seconded by several, and the Committee
unanimously approved the draft minutes as amended.

3. Treasurer’s Report: Heather Thuet stated that she has not received further response back from
the Bar and therefore has nothing new to report.

4. Committee Reports
a. Membership: There was no new report.
b. Technology: Shane Gosdis stated that he has been working on getting a LinkedIn
account set up, but there was otherwise nothing new to report. Ryan noted that many
of our events are not on our web site and need to be advertised there.
c. Newsletter: George said that he has been looking at recruiting new Committee
members to fulfill specific functions, including as Editor of the Newsletter. He is
considering changes that will make the Newsletter more enjoyable to read, while
making it less burdensome to create. George invited the Committee to recommend
potential editors. Kelly Nash asked for further information regarding the Newsletter and
was invited to contact Nicole Farrell.
d. Bench Books: George indicated that the Committee needed a new Chair of its Bench
Books Committee. Sade Turner volunteered to assist with this. George said that this
work did not need to be done alone, there were a lot of opportunities to assist, and that
it would be nice to revise some of the older information on current bench books as well.
e. Law Student Relations: Jenifer Tomchak stated that she has been in contact with Jess
Hoffberger at the University of Utah, discussing what event would be best to have there.
She is considering a mixer for Section members and law students. Jon Hafen suggested
having judges in attendance as well, and that the first half of October and late February
are good times for students. Jon offered to help with getting judges and clerks for such
an occasion.

5. CLE Reports
a. Recently-Completed CLE:
i. The CLE & Golf in Utah County was identified as recently-completed without a
specific report.
ii. Heather Thuet reported that the recent Rise & Shine CLE, “Perfecting
Presentation Skills” with Professor Gardner was entertaining and informative.
Jon Hafen indicated that such presentations were particularly good for
conventions. 114 RSVP’d, 86 attended, 7 walk-ins, the food was about right, the
cost was $1,600.
b. BYU Ethics Symposium Co-Sponsorship: George Burbidge confirmed that Committee
members had received the flyer regarding this event.
c. Evening with the Justice Court: It was noted that this event is on the Section’s web site,
but the advertising done for it was not confirmed.
d. Modest Means Panel: Jenifer Tomchak said that the Modest Means Committee asked
us to put together a panel on the basics of child custody, which Jenifer will be
moderating. It will be a three-hour event on October 10th, one-two hours CLE and then
a reception. Jon moved to have the Section sponsor the reception in an amount up to
$500, seconded by Ryan, voted unanimously in favor. Jenifer said that attorneys can
still participate as mentors even if they are not doing modest means work.
e. Private Guardian Ad Litem: An email from Keith Call was read, in which Keith stated
that we have had 50 people sign up for the PGAL lunch CLE on Monday, 9/16. He is
encouraged by that response. He hopes other Committee Members will be there and
that become PGALs, or take a modest means or pro bono case. He indicated that such
gives great meaning to his law license. He suggested the Section sponsor a PGAL
recruitment CLE in the Basin. He will ask the PGAL office if they can take their program
on the road. He would like to see them provide the substance and have the Litigation
Section provide the publicity and encouragement.
f. Quarterly Lunches:
i. 2013 Q3: Ryan Frazier stated that he had assembled a panel of Judge Quinn,
Judge Dawson, and Ben Hathaway to discuss best practices and rules relating to
TROs and preliminary injunctions. Both judges were commended as good
sources of information for the panel. Heather Sneddon said that it was
important to talk about service requirements in addition to procedure and
access. Ryan said that Summer Shumway should be putting this on the web site
soon and coordinating advertising. Ryan will meet with the panel to finalize
questions and written materials. He wants to videotape the presentation.
ii. 2013 Q4: An email was read from Kent Holmberg, in which he said that this CLE
is scheduled for October 29, he has confirmed the date with Connie, he has
Judges Hilder, Stott, and Lyon and is waiting for the final word from Judge
Peuler.
iii. 2014 Q1: (Turner) (no discussion)
iv. 2014 Q2: (Holmberg) (no discussion)
v. 2014 Q3: (Stahler) (no discussion)
g. Rise & Shine
i. 2014 Q4: Shane Gosdis reported that Chief Justice Durrant was available to do
this in December, but only on our meeting date. After discussion, the
Committee decided to start its December Committee meeting at 7:15 am to
accommodate this CLE. The meeting will be condensed. George will confirm
our access to the building at that time.
ii. 2014 Q1: (Burbidge) (no discussion)
iii. 2014 Q2: (Frazier) (no discussion)
iv. 2014 Q3: (Holmberg) (no discussion)
h. Golf & CLE:
i. Cache County: No discussion, but set for September 13.
ii. Salt Lake County: No discussion, but set for October 4.
i. Fall Forum: Jon said that 3 federal judges, 7 state judges, and many others would
participate, the brochure just went out, and there is a great litigation track. Jon
suggested that Michael Stahler continue assisting Jon in planning next year’s Fall Forum
and begin planning shortly. A CLE advisory committee has been asked for input on the
Bar’s conventions, including location. Jon will prepare to discuss this in the October
meeting.
j. Bar Conventions: George noted that the first meeting for the Annual Convention has
not occurred yet, but it has been decided to have it in Snowmass again next year.
k. Ski CLE Event: An email from Michael Stahler was read, in which Michael stated that
Kent Holmberg and he have spoken regarding this, are considering having a pilot event
in the Salt Lake City area first, have discussed possible areas for the first event and right
now it looks like we might approach areas in Little or Big Cottonwood Canyons to gauge
interest. They are thinking that Solitude or Snowbird might be a good option. They will
report in October as to what they have found out. If anyone is interested in helping,
please let Michael and Kent know.

6. Judicial Receptions
a. First District: (No discussion).
b. Second District: Jenifer Tomchak said that the fee for this was $25, but a discounted
price will be offered for our members. She wanted to send out postcards to advertise
and to help pay for the judges’ lunches. She moved that the Section provide a
sponsorship of $200 for the reception plus anything over that amount for our Section’s
members. Jon Hafen seconded Jenifer’s motion, and the Committee voted unanimously
in favor.
c. Third District: (recently completed).
d. Fourth District: (No discussion)
e. Fifth District: (No discussion).
f. Seventh District: (No discussion).
g. Eighth District: An email was read from Kent Holmberg, in which he said that he has
been considering whether we should provide a CLE or other event in the 8th District
(the Basin). He spoke with attorney Daniel Sam of Vernal, who said that there is little to
no CLE offered in the District and thought there would be good participation. He was
quite excited about the idea. With the current area focus on oil and gas, he suggested
litigating oil and gas property disputes or litigating estate disputes were two important
topics. Kent stated that Mr. Sam would be willing to work on something if we decided
to do this, that he thinks it is worth having an event like a lunch and gauge the response,
and also liked the idea of a live remote feed.

7. Remote Conferencing
: Sade Turner stated that to utilize UEN, the transmission must be for an
educational purpose, can be done from the Law & Justice Center. An email from Michael
Stahler was read, in which Michael stated the Bar has its own simulcasting capabilities using the
internet and would prefer that we use it. Connie volunteered to come and do a demonstration
of the Bar’s capabilities. Michael suggested that we have her make an appearance at out
October meeting and that we discuss then if we wish to urge our CLE organizers to simulcast
their events. This will help us get our events out to a larger audience but we will need to work
to develop contacts with outside bar associations/groups to get the word out. The Committee
suggested that we may need to use the Bar’s camera, which has better sound. Jon Hafen said
that broadcasting these events would help our membership as well. George said that he would
speak with Connie about making the suggested presentation to the Committee.

8. Social Events:
Heather Sneddon suggested that we set up Section events that are directed to
women, who are less likely to attend golf events. Suggestions include wine tasting or a cooking
class. Heather Thuet, Jenifer Tomchak, and Jon Hafen agreed that it was a great idea. Jon
suggested classes regarding the evolving practice of law for women in Utah and flex-time
programs. The Committee also discussed stress-relieving CLEs, including exercise programs.

9. Future Committee Meetings:
George Burbidge reminded the Committee that the next
Committee meeting would take place on October 9, 2013.

The Meeting adjourned at @9:15 a.m.

For the Executive Committee
/s/ Rod N. Andreason
Secretary