UTAH BAR JOURNAL Ll Vol

-1 r i l~ q UTAH BAR JOURNAL ll Vol. 5 No.1 January 1992 f~ 9 r ~ 'J II II !J a ~ ii ~ U m .. ii a il n Ull D ,l , ,i il ~ ~ ~~ i i Compliance with the "Lobbyist Disclosure and ~ Regulations Act" 10 I l Judicial Profiles 13 ¡ State Trial Court Consolidation 16 ~ Ii Twenty Tips for Successful Courtroom Advocacy 23 I' ~ II ,~ n '~ .. .,. IM"'~____ -- _m_ _ ----J .0 do you call when you need confidential. i d ? files capie .... \ SPECIALIZING in overnight $ alphUgraphiGIl confidential litigation copying. Legal Reproduction Division We know your business and return onlyexad duplicate copies. Available 24 Hrs a day! Staple for staple, fie by fie. For fast, FREE Pick-up and Delivery call our Specialized Legal Reproduction Centers directly at . 122 South Main Street For more Information Call 364-8451 '" UTAH BAR JOURNAL - Vol. 5 NO.1 January 1992 President's Message by James Z. Davis ......................................4 Commissioner's Report by Craig M. Snyder ..................................... 6 Compliance with the "Lobbyist Disclosure and Regulations Act" by Gary R. Thorup. .10 Judicial Profiles Judge Robert T. Braithwaite by Elizabeth Dolan Winter .............................13 Judge George E. Ballf by Terry Welch ..................................... .14 Court Consolidation in Perspective by Harold Christensen ................................. .16 State Trial Court Reorganization: What's Happening in the Third District by James B. Lee and Judge Michael R. Murphy. .18 State Bar News ....................................... .20 Views from the Bench: "Twenty Tips for Successful Courtroom Advocacy" by Judge Michael L. Hutchings ........................... 23 The Barrster . 25 Utah Bar Foundation ................................... 28 CLE Calendar .... 32 Classified Ads ........................................ 34 COVER: Horse in Winter Setting, Alpine, Utah, by A. Dennis Norton, Shareholder in Snow, Christensen & Martineau. Members of the Utah Bar who are interested in having their photographs on the cover of the Utah Bar Journal should contact Randall L. Romrell. Associate General Counsel, Huntsman Chemical Corporation, 2000 Eagle Gate Tower, Salt Lake City, UT 841 i i, 532-5200. Send both the transparency and a print of each photograph you want to be considered. Artists who are interested in doing ilustrations are also invited to make themselves known. The Utah Bar Joiirnal is published monthly, except July and August, by the Utah State Bar. One copy of each issue is furnished to members as part of their State Bar dues. Subscription price to others, $25; single copies, $2.50; second-class postage paid at Salt Lake City, Utah. For information on advertising rates and space reservation, call or write Utah State Bar offices. Statements or opinions expressed by contributors are not necessarily those of the Utah State Bar, and publication of advertisements is not to be considered an endorsement of the product or service advertised. Copyright iQ i 992 by the Utah State Bar. All rights reserved. January 1992 3 "" What is ADR By James Z. Davis Judge Jenkins also observed that in the has not been utilized as of this writing, but Uniessreduce you havestress beenby seeking attempting your inner to District of Utah only 3 percent or 4 per- it nonetheless serves as an indication of self at the top of a peak in Nepal, you are cent of civil cases actually go to trial and the legislature's attitude toward ADR. Of probably aware that the letters ADR stand that the entire cost of the federal court sys- course, while the civil justice system is for Alternative Dispute Resolution. tem is less than one tenth of 1 percent of funded primarily by tax dollars,other Unfortunately, the word "alternative" the federal budget. methods of dispute resolution are funded in Alternative Dispute Resolution has Over the past several years, however, by the parties to the dispute. come to mean an alternative to the resolu- it has been a generally accepted premise Notwithstanding the foregoing, in that tion of disputes by the civil justice system that the civil justice system is not doing its same edition of the Utah Trial Journal, administered by local, state and federal the editors asked the' following people job, and other methods of dispute resolu- Iii courts in one permutation or another since tion such as mediation, conciliation, and whether the right to a trial by jury was "as ~ the advent of common law as we know it. arbitration are necessary, more cost effec- important today as it was in 1791 when l In the fall 1991 edition of the Utah tive and less time consuming than utiliza- the Bil óf Rights was finally ratified by Trial Journal published by the Utah Trial tion of the courts. Indeed, the growth of the state of Virginia? Or have times so Lawyers Association, substantial portions "non-judicial" ADR and the desire to pro- changed that the right to a trial by jury of Judge Bruce S. Jenkins' September 26, vide ADR service and facilities were ma- should be abolished and a more effcient l' 1991 address at the Aldon 1. Anderson jor objectives in obtaining funding for and form of dispute resolution mandated in its American Inn of Court were printed. construction of the Law and Justice Cen- place?" The respondents were Gordon R. According to Judge Jenkins, our civil ter; and the Utah State Bar has not Hall, Dennis L. Draney, Momoe G. justice system, aided by the significant ef- waivered in its commitment to the notion McKay, Norman Bangerter, Don V. 1 forts of the majority of lawyers who prac- that all of our citizens should have access Tibbs, Dee Benson, James Z. Davis, tice preventative law, is alternative dispute to a methodology of effective dispute res- David K. Winder, Eleanor VanSciver, resolution. olution. Every year, more and more con- Scott Daniels, Wayne McCormick, i' tracts provide for arbitration of disputes Michael L. Hutchings, Boyd Bunnell, H. "The alternative provided by the thereunder and limit access to the courts Reese Hansen, J. Thomas Greene, I: courts is an alternative to bloodshed. for that purpose. In 1985, Utah adopted Michael D. Zimmerman, Culln Y. Chrs- B; Court resolution has had a novel, suc- the "Utah Arbitration Act" (78-31a-1 et tensen, David Sam and Richard C. Howe. cessful and largely untold history, and seq. Utah Code Ann.); and in 1991, Utah With the exception of Judge Bunnell and even now it has not just a promising adopted an act entitled "Alternative Dis- Dean Hansen, all of the respondents favor but also an essential future. Imagine pute Resolution" (78-31b-1 et seq., Utah the right to a trial by jury. Since submis- this country without easily accessible Code Ann.) giving the courts power to re- sion of a dispute to arbitration outside the courts, and self help becomes a horri- fer a pending dispute for resolution by an civil justice system constitutes a de facto ble and horrifying alternative." ADR provider and granting immunity to waiver of the right to a jury trial, it ap- the provider. I understand 78-31 b-1 et seq. pears to me that we are, perhaps, some- Vol. 5 No.1 what schizophrenic about our views of the bar relative to the appropriate involve- tem as one of the alternatives? these issues. ment of its members. Wisely, Din Whit- 3. Should the civil justice courts have A survey conducted by a subcommit- ney has appointed a subcommittee chaired the authority to send pending matters to tee of the Civil Justice Reform Act Advi- by Marcella Keck to survey the availabil- another forum? sory Committee of the United States Dis- ity of ADR services in the state of Utah, 4. Do litigants who utilize the services trict Court for the District of Utah reveals identify providers, identify users, deter- of counsel in dispute resolution proceed- some interesting information, however. mine costs and identify funding sources. ings outside the civil justice system save Although far from "scientific," the survey As of this writing, it is anticipated that the time or money? attempted to determine the general satis- subcommittee wil complete its work by 5. To what extent is free access to the faction levels of lawyers and litigants us- January 31, 1992. In the meantime, I civil justice system the "right" of a citi- ing the United States District Court for the zen? District of Utah. The results of the survey 6. What level of resources are being suggested that pre-trial discovery had little . it has been a generally expended on dispute resolution outside the impact on the cost of litigation, and in accepted premise that the civil civil justice system? many cases was barely utilized. The sur- justice system is not doing its job. 7. Do alternatives to the civil justice vey also revealed that, by and large, both system provide the same level of funda- the litigants and their attorneys were satis- mental due process as does the civil justice fied with the "services" provided by the would urge all lawyers who have an inter- system? District Court. As one might imagine, the est in or information about ADR to com- 8. Who are the primary beneficiaries major cost of litigation was attorney's municate directly with Din Whitney or of dispute resolution outside the civil jus- fees-presumably a factor in other types Marcie Keck. tice system? of dispute resolution where representation Hopefully, through the efforts of Din's 9, Are those who agree to submit dis- by counsel is desired. committee together with those of other putes to resolution outside the civil justice Many of you are aware that the Bar groups, organizations and bar members, system aware that they are thereby waiv- has a very active ADR committee ably we wil be able to develop a better grasp ing their right to a jury? chaired by Hardin A.

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