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Executive Committee Meeting Minutes

Minutes for August 10, 2011

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Litigation Section Executive Committee
Minutes for August 10, 2011
The Executive Committee of the Litigation Section met on Wednesday, August 10, 2011 at 8:00 a.m. at the UtahLaw & JusticeCenter in Salt Lake City.

Executive Committee members present or participating by telephone were:

• George Burbidge
• Patrick Burt
• Keith Call
• Nicole Farrell
• Ryan Frazier
• Jon Hafen
• Randall Jeffs
• Richard Kaplan
• Wayne Klein
• Isaac Paxman
• Judge Stephen Roth
• Heather Sneddon
• Dan Steele
• Joe Stultz
• Patrick Tanner

Executive Committee members excused were:

• David Castleberry
• Ryan Harris
• Judge Denise Lindberg

1. Welcome and Introductions: Jon Hafen introduced new members of the Executive Committee Richard A. Kaplan, Heather M. Sneddon and Joe Stultz. He welcomed them to the committee and promptly announced initiatives to put them to work.
2. Potential Additional Members: Jon Hafen led a discussion regarding whether we need additional members on the Executive Committee and where they should come from. Dan agreed to speak with the chair of the Cache County Bar about recommending someone to serve in the 1st District. Jon suggested we get another judge on the committee. Jon requested that Judge Roth find a judge who can be on our committee. Judge Roth agreed to do so and will give Jon names of candidates. Jennifer Tomchakand Heather Thuet will also be invited to join.
3. Minutes:George Burbidge, serving double-duty for the absent and excused duly elected secretary David Castleberry, circulated minutes from the June 8, 2011 meeting which were reviewed and approved as corrected.
4. Treasurer’s Report:George Burbidge circulated financial reports for the Litigation Section for May, 2011, which were reviewed, discussed and approved.
5. President’s Report:Jon Hafen then let loose a firestorm of activity.
a. CLE–Jon noted that our section holds four quarterly luncheons per year. We had our first rise-and-shine breakfast in June. Jon would like our section to have four of them per year.Our section currently supports all three conventions and we have four CLE & Golf events per year throughout the state. Jon would like our section to have a trial skills full day seminar next April. We also support other CLE events. Our section participates in approximately 16 CLE events each year. Jon would like to have a member of the Executive Committee over each category to oversee other Executive Committee members who would accept an assignment for one event – including picking topics, finding speakers, getting dates on the calendar. Jon would like to set dates on calendar 3-6 months in advance so that we give people plenty of notice. The Litigation Section’s most important function is CLE. Jon also wants to promote interaction between section members and judges. In the past we have sponsored An Evening
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with the Third District. This should be an annual event. Jon also encouraged having at least one judgeparticipate in every CLE event our section sponsors. Jon discussed our section also sponsoring an Evening with the Fourth District CLE.
b. Newsletter – Jon announced that our section will begin publishing a quarterly newsletter. Heather Sneddon and Rick Kaplan volunteered to write-up recent rulings section in each newsletter. A newsletter will give our section an opportunity to tell people what is coming up, what they missed, and provide them something substantive to look at. A newsletter will give our website additional content and will provide structure to everything we do. We will email it to all of our members. There are two keys to a successful newsletter – appearance and content. Content will include recent rulings, message from the chair, campus notes from the representatives from both law schools, and judge and practitioner profiles. There will be one substantivearticle per issue. Jon spoke with Nichole Farrell who agreed to be editor-in-chief of the newsletter. Her job will be to keep everyone on task. The first newsletter will be issued in October. Tobin Haben is a graphic designer who does the newsletter for the FBA. He charges $350/issue. All we need to do is send in pictures and articles in Word, and he turns it into a beautiful article. A motionto spend $1400 on newsletter and to make Nicole the editor was made, seconded and approved.
6. Law Student Relations Committee:Seth Oxborrow, our BYU representative is still on the committee. Isaac reported that a new U of U representative has been identified and has agreed to serve on the committee.The representatives from both law schools should be at our next meeting. Isaac Paxman agreed to talk to them about writing the Campus Notes section of our newsletter which will address what is new at each law school.
7 Web Site Committee:Patrick Burt reported that he finalized the disclaimer for the mediator lists and sent them to Lincoln. The mediator lists should be on the ourwebsite today. Patrick will think about how to integrate our website with our newsletter.
8. CLE Report:
a. Fall Forum– Keith Call reported that our section has five breakout sessions. We will have sessions on practical aspects of new Utah Rules of Civil Procedure.
b. Annual Meeting – Nicole Farrell reported on annual meeting of the Utah Bar. Both breakout sessions sponsored by our section were very well attended.
c. Utah Bar CLE Committee – Jon Hafen said we need to get someone from our section on the Utah Bar CLE committee.
d. Utah County Golf & CLE (September 16, 2011 at Hobble Creek) – Randy Jeffs reported that the planned presenters have had to drop out and the CLE portion of this event may need to be retooled.
e. St. George Golf & CLE (October 7, 2011 at The Ledges) - Dan Steele reported Bryan Pattison is working on topics and presentations.
f. Cache County Golf and CLE (September 9, 2011) – Dan Steel reported this event is ready to go.
g. Future Golf and CLE Events– Jon Hafen asked Dan Steele to look at dates, locations and setting up the golf and CLE events for next year and Dan agreed to do so.
h. Quarterly Lunches – Jon reported that he needs someone to take over responsibility for the section’s quarterly luncheon CLE. Jon will arrange for the September quarterly luncheon and then we will see if he really can stop.
i. Rise and Shine – Jon Hafen reported that he will assign someone to be responsible for the Rise and Shine CLE events.
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j. BYU Ethics Symposium – Jon Hafen noted that our section has supported the BYU Ethics Law Symposium in the past and suggested we support it in the future by sending a postcard to our mailing list. Moved and seconded.
11. Benchbook Committee:Dan Steele reported that at our last meeting we discussed dividing up benchbook assignments by judicial regions. He is still working on finding people to handle a few of the remaining districts. Randy Jeffs agreed to take responsibility for the fourth and sixth districts.
12. Other Business:
a. Wayne Klein Thinks He Can Walk Away – Wayne noted that our bylaws contemplate Executive Committee members serving for only a few years. Wayne has been on the committee longer than anyone can remember and was our esteemed chair only a short time ago. Wayne announced that he thought it was time for him to move on and that he was resigning from the committee. After a moment of stunned silence from the rest of the committee, Wayne’s resignation was rejected out of hand. The fear and disappointment was palpable. Now what are we going to do . . .
b. Electronic Filing in the State Court – George Burbidge raised difficulties that have been encountered with electronic filing in state courts – in particular, delays in accepting electronically filed documents that makes it faster to mail hard copies. Jon suggested that we have a rise-and-shine CLE with court clerks to address this issue. Between the meeting going over and everyone still shocked at Wayne’s announcement, there was no real resolution of this issue. Perhaps next time.
Adjourned at9:17 a.m.
Next Meeting: September 14, 2011, 8:00 a.m.
For the Executive Committee _____________________________
George W. Burbidge II, Acting Secretary
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