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Executive Committee Meeting Minutes

Minutes for April 13, 2011

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Litigation Section Executive Committee
Minutes for April 13, 2011
The Executive Committee of the Litigation Section met on Wednesday, April 13, 2011 at 8:00 a.m. at the Utah Law & Justice Center in Salt Lake City.

Executive Committee members present or participating by telephone were:

  • Ted Ashton
  • George Burbidge
  • Patrick Burt
  • Keith Call
  • Nicole Farrell
  • Kent Holmberg
  • Wayne Klein
  • Judge Denise Lindberg
  • Alec McGinn
  • Judge Stephen Roth
  • Dan Steele
  • Patrick Tanner

Executive Committee members excused were:

  • Ryan Frazier
  • Jon Hafen
  • Ryan Harris
  • Elaina Maragakis
  • Isaac Paxman
  • Emily Smith

Christian Clinger, Utah Bar Commissioner, was also present.

1. Minutes: George Burbidge circulated minutes from the March 9, 2010 meeting. Committee members expressed general disappointment at the dearth of wittiness they have come to take for granted. Minutes were approved nonetheless.

2. Treasurer’s Report: Ryan Frazier was excused from the meeting but forwarded an email reporting February financials. Ryan pointed out that the Cache County Golf and CLE event was profitable and the Utah County Golf and CLE Event resulted in a net loss to the Section of $88.

3. President’s Report:
a. CLE with Justice Lee – Dan reported that he gave the Appellate Section permission to use our membership email list for the CLE presentation they have featuring Justice Lee.
b. Mediator List - Dan attended the breakout sessions our section sponsored at the Utah Bar Spring Convention and reported that Lynn Davies and Mike Mohrman did an excellent job. He passed around a list of all mediators and arbitrators in Utah that Davies and Mohrman handed out at the convention. Patrick Burt reported that he spoke with Davies and Mohrman and they agreed to allow us to put this list on our website. Christian Clinger voiced a concern about posting this list on our webpage because there is already a court roster of mediators and some court-ordered mediation must be done through court certified mediators. Christian recommended that we include a link to the court approved roster on our webpage. Patrick Burt agreed to follow up with Davies and Mohrman about posting their list of mediators on our website with a disclaimer which will be presented at our next meeting. Patrick will also contact the people who maintain the state and federal court approved mediator panels to inquire about including a link on our website to their websites. We will vote at our next meeting regarding whether to post the list of mediators and arbitrators prepared by Davies and Mohrman.

4. Law Student Relations Committee:
a. Law School Trial Advocacy Awards – Patrick Tanner reported that he attended the BYU awards ceremony and present the Trial Advocacy Awards. We gave $500 to the first place, and
$250 for the second and third place winners. The University of Utah awards ceremony has not yet taken place.
b. Ted Ashton’s Graduation – Dan Steele noted that Ted Ashton will be graduating from law school this month. Ted agreed to stay on the committee through the summer or until he can find a replacement, whichever comes first. Ted will contact the Quinney College of Law at the University of Utah about finding a replacement for him.

5. Web Site Committee:
a. Post-It Notes - Patrick Burt purchased Post-It notes bearing our section’s web address which have been passed out at the Mid-Year Convention and the quarterly luncheon.
b. Website Calendar - Dan noted that we have really struggled to keep the calendar updated. Kent Holmberg will talk with Lincoln to see if we can get control over that aspect of the website. Dan Steele implored everyone who has an event coming up send an email to Lincoln as soon as the date and location are secured and ask Lincoln to put the event on the website. Nicole Farrell agreed to email regarding the summer convention. Keith Call will send an email to get the Fall Forum on the calendar.
c. Website Links – Dan noted that our website has a link for law review articles, but very few articles have been posted on the website. Dan suggested that we have the student liaison from each law school police the law review from their schools and obtain permission to post law review articles on our website. Dan also noted that our website has a tab for recent Utah court decisions that is out of date. Judge Lindberg suggested that we post information that will allow people to sign up for free updates from the court. Nicole Farrell said that the University of Utah has an annual update of recent cases and legislation that we may be able to post on our website.

6. CLE Report:
a. Summer Convention –Nicole Farrell reported that we are all set. Greg Sanders will present on Thursday regarding nuts and bolts of trial practice. Her efforts to find a judge who will attend the convention who could be a co-presenter have been unsuccessful. She was given the names of several retired judges who she can contact. Nicole also reported our section is sponsoring a session on Saturday where Fran Wikstrom will discuss the new state Rules of Civil Procedure.
b. Fall Forum - Keith Call reported that our section has a track of five sessions to fill. They are considering three sessions on the new Utah Rules of Civil Procedure which will address the real nuts and bolts of how the change in the rules will work. We have two more sessions to fill. Nicole Farrell suggested to Keith that he talk with Ryan Frazier about presenting on dispositive motions.

7. Jury Instructions: Kent Holmberg reported that he has been unable to make headway in making contact with the civil model jury instructions committee to offer support from our Section. He will continue his efforts.

8. Bench Book Committee: Patrick Tanner said that they are working on getting bench books from the new judges in the third District. Judge Lindberg said that the district court judges conference will be held in May and she will remind her colleagues about the bench books at that time. George Burbidge also noted that some judge’s bench books are more than 10 years old and should be updated to ensure the information they contain is still accurate. Dan said that he would continue his efforts to find people from outside the third district who can help with bench books.

9. Other Business: Christian Clinger reported that he just returned from the Western States Bar Conference. The Utah Bar and Utah Supreme Court are highly regarded by other state Bars.
Several states are planning to use near verbatim copies of the mentoring program developed by the Utah Bar. Christian also noted that the Utah Bar elections close on Friday and he encouraged everyone to vote.

Adjourned at 9:01.
Next Meeting: May 11, 2011, 8:00 a.m.

For the Executive Committee
_____________________________
George W. Burbidge II, Secretary