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Executive Committee Meeting Minutes

Minutes for September 09, 2009

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Litigation Section Executive Committee
Minutes for September 9, 2009
The Executive Committee of the Litigation Section met on Wednesday, September 9, 2009 at 8:00 a.m. at the Utah Law & Justice Center in Salt Lake City.
Executive Committee members present or participating by telephone were:

  • Gary Anderson
  • Thomas Boyle
  • Ryan Frazier
  • Ryan Harris
  • Kent Holmberg
  • Wayne Klein
  • Judge Denise Lindberg
  • Isaac Paxman
  • Patrick Tanner
  • Elaina Maragakis
  • George Burbidge
  • Ryan White
  • Christian Clinger (Bar Liaison)

    Executive Committee members excused were:
  • Jon Hafen
  • Michael Petrogeorge
  • Dan Steele
  • Patrick Tanner
  • Keith Call
  • Sammi Anderson

1. Minutes. The Minutes of the August 12, 2009 meeting were reviewed and approved.

2. Financial Report. Ryan Frazier provided a financial report for the Section. This included a report for the fiscal year end (June 30) as well as balance sheets for the Litigation Section funds for June 30 and July 31, 2009.

3. Report on Section Leadership Training and Section Dues. Wayne Klein reported on the training that the Bar recently provided for section leadership. This training included promoting the mentoring program, submitting reimbursement requests and CLE programs. Wayne reported that the Bar currently takes 20% of the dues paid to the sections and deposits it into a fund. Bar staff records the time it spends working for the sections which is paid from the sections fund. Over the last two years the Bar has depleted the sections fund and incurred a deficit of approximately $14,000. The Bar is considering ways to increase the revenue it receives from the sections including raising the percentage of dues it takes from the section dues. The Executive Committee needs to consider and address how our section will respond to the Bar’s deficit in a future meeting.

4. Upcoming Meeting with the Bar Commission. Wayne Klein reported with thinly veiled dread that as Chair he had been asked to give a brief report of the Litigation Section’s activities to the Bar commission on September 11, 2009. The committee expressed sympathy for what Wayne will surely endure at the hands of the commission and suggested he report on the CLE programs the Section sponsors, the bench books and the Section’s new webpage.

5. Committee Assignments. Wayne Klein reported that in the August Committee Meeting he had circulated a sheet with various committees and requested that each member of the 1
Executive Committee volunteer for one or more committee. He renewed his request at this meeting and circulated a signup sheet. Wayne also reported that the Section had been asked to send a representative to the Annual Convention Committee which will meet within the next month. Wayne asked for a volunteer and was met with awkward silence before George Burbidge offered to accept this duty.
6. Website Update. Kent Holmberg reported that the number of visits to the Section’s new web page almost doubled from 495 visits in July to 839 in August 2009. The Committee discussed various ideas for increasing the number of visitors to the website, including posting the details of all CLE events sponsored by the section on the website and referring recipients of announcements to access our webpage for details. Kent will send an email with the website address to all Section members.

7. Report on Cache County Golf and CLE. Gary Anderson reported that the Cache County Golf and CLE was a big success. Approximately 50 people attended the CLE and about 20 people golfed. Gary said the feedback was very positive and the event came in very close to budget.

8. Utah County Golf and CLE.
Dan Steele was unavailable to discuss the golf and CLE event that will take place in Utah County on October 9, 2009. Members of the committee reported that they understood this program was on-track.

9. Antitrust & Unfair Competition Law Section CLE
. Wayne Klein reported that the Antitrust & Unfair Competition Law Section had approached our Section with a request that we send a CLE announcement to our members. Wayne said that our Section’s officers had agreed that our membership list could be used as long as our Section did not incur the cost of mailing the announcements.

10. Upcoming CLE Events. Jon Hafen was unable to attend so George Burbidge read an email from Jon reporting on upcoming CLE Events:

a. Quarterly Luncheon Our next quarterly lunch will take place on Monday, September 28th. It is entitled "What Judges Like." Presenters will be Judge Lindberg, Judge Toomey, and Judge Connors. The emails and postcards should be going out shortly. We will do a brief demo of our section website and then proceed with the panel discussion.
b. Annual Ethics Symposium - The program is complete and should be great. It is entitled Reel Justice: Legal Ethics Goes to the Movies. The presentation will use film clips to highlight ethical issues for discussion. It will take place the afternoon of Friday, October 23rd at BYU Law School. The keynote speaker is Larry Cohen from Phoenix. Other presenters include Judge Steve Webster from Las Vegas, Dean Jim Rasband (new Dean at BYU Law School), Justice Wilkins, Judge Schofield, and Bryon Benevento from Snell & Wilmer. BYU Law School has prepared and printed a postcard to be sent out to members of our Section. Cost for the three hours of CLE for Section Members is $80 and includes free popcorn.
c. Fall Forum - We are set. We have one panel on the use of expert witnesses. Panelists are Judge Waddoups, Judge Kay, Colin King and Tim Dunn. We have one panel on reforming the rules of civil procedure. Panelists are Frank Carney, Judge Pullan, and Justice Rebecca Kourlis (from Colorado). We will also have a speaker present three hours on advanced evidence. Judge Toomey suggested him and he looks to be very good.

11. Ideas for Supporting State Court Judges. Jon Hafen reported that he is working on setting up a meeting with Chief Justice Durham and Dan Becker. That should take place sometime in October. Christian Clinger reported that soon the governor will nominate candidates for judicial appointments. The Bar has a lobbyist that works with the legislature. Sometimes it has been helpful for members of the Bar to contact their legislators on behalf of a judicial nominee and in other instances it has been harmful. Christian said that the Bar will communicate with the sections to elicit support for nominees when it will be helpful.

12. Law Student Relations. Ryan White reported that he began participating on the committee as a 2-L. Now that he is a 3-L he will look for a 2-L from the University of Utah to replace him. Isaac Paxman reported on the progress that has been made toward allowing practitioners to post issues on the website that could be used for law student research and writing projects. Isaac will meet with BYU soon to request approval. Ryan White reported that the proposal Isaac submitted included all of the criteria the “U” needed to obtain approval.

The meeting adjourned at 8:50 a.m. The next meeting will be held October 14, 2009.
Approved, October 14, 2009
For the Executive Committee
/s/ George W. Burbidge II