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UTAH BAR JOURNAL Ït~ Vol G i: UTAH BAR JOURNAL ït~ Vol. 8 NO.7 August/September 1995 f: Ð Ii "1995 Utah State Bar Annual Meeting" ''1 I ~ #d. ~~ ~ ~ .:~~~~"~~~~~lJ o~~. ~.i,~,. ~~A~T CHOOSE ~ THE COMPLETE CD.ROM SOURCE FOR UTAH AnORNEYS West CD-ROM Libraries'" offer you not CONVENIENT NEW FIND OUT MORE ABOUT only Utah Reporter"; Wests"'Utah Code'" CONNECTION TO WESTLAwø. WEST CD.ROM LIBRAES FOR UTAH AND THE SPECIA and Utah Administrative Code on versa- Access WESTLAW as part of your West OFFERS NOW IN EFFECT.. CA: tile CD-ROM, but USCA"'andfederal cae CD-ROM subscription to update your law, including Wests'" Tenth Circuit research, authority-check citations and Reporter'" and Wests Federal District expand your research to other 1-800-255-2549 Court Reporter"'- Tenth Circuit jurisdictions, for complete research ext. 743 (coming soon). without leaving your desk. Utah Reporter on West CD-ROM ii JUMPABILITYII KEEPS YOUR includes reported decisions from 1945 to RESEARCH MOVING FAST. date, Attorney General Opinions from Hypertext links let you jump from a 1977 to date and pagination to Pacifc citation within an opinion to the full-text Reporter~ 2d. Weekly Pacifc Reporter of the opinion and back again instantly, 2d, advance sheets and quarterly disc with the push of a button. In addition, updates keep you current. PREMISE'" Research Software tracks every WEST EDITORIAL ENHANCEMENTS step you make-automatically, so you GIVE YOU BEnER RESULTS. can find your place and maintain an West CD-ROM Libraries with West's accurate record of your research. exclusive editorial enhancements give you PREMISE also tracks client research time better results, fast. for biling! · Case Synopses help you determine UNPARALLELED relevancy of the case fast. CUSTOMER SERVICE. · Headnotes summarize the main West Customer Service and Reference points of law in each case. Attorneys give you technical help or expert · Key Numbers help you pinpoint legal research assistance... your search to a specific point of law. day or night, at no · Synonymous legal terms give you additional more terms to match for better cost to you! search results. BUILDI UTAH Utahm. UTAH BAR JOURNAL Published by The Utah State Bar 645 South 200 East Salt Lake City, Utah 84111 Vol. 8 NO.7 August/September 1995 Telephone (801) 531-9077 President Letters ..........................................................................................4 Dennis V. Haslam President-Elect President's Message .....................................................................5 Steven M. Kaufman by Dennis V. Haslam Executive Director John C. Baldwin Commissioner's Report ...............................................................7 by Denise Dragoo Bar Journal Committee and Editorial Board Environmental Auditing in a Nutshell.........................................9 Editor by Craig D. Galli Calvin E. Thorpe Associate Editors Utah's 1995 Impact Fee Legislation ..........................................12 M. Karlynn Hinman Wiliam D. Holyoak by David Nuffer Randall L. Romrell How To. .. Articles Editors Effectively Collecting a Debt - Part II David Brown Christopher Burke Statutory Regulation of Debt Collection.......... .......................... 16 Lee S. McCullough by Jeffrey Weston Shields .~ Letters Editor Victoria Kidman State Bar News...........................................................................27 Views from the Bench Editors Judge Michael L. Hutchings Judicial Profile Judge Stephen VanDyke Judge Ronald N. Boyce..............................................................40 Legislative Report Editor by Stephen K. Christiansen Lisa Watts Baskin Case Summaries Editors The Barrister ................................................... ...........................42 Scott A. Hagen Clark R. Nielsen Views from the Bench Book Review Editor The Need for Cautious and Deliberate Betsy L. Ross Reforms in the Civil Justice System ..........................................44 "How to . ." Editors by Judge J. Thomas Greene Brad Betebenner David Hartvigsen Case Summaries....................................................................... ..48 Patrick Hendrickson Judicial Profies Editors Utah Bar Foundation..................................................................52 Mamie Funk Derek Pullan Stephen K. Christiansen CLE Calendar.............................................................................53 ADREditor L Cherie P. Shanteau Classified Ads........................................................................... .55 J Law and Technology EdItor R. Bruce Findlay COVER: Collage of people and sights at the 1995 Utah State Bar Annual Meeting in San Diego, California, by Patricia Thorpe. Young Lawyer Representative Michael O. Zabriskie Members of the Utah Bar who are interested in having photographs they have taken of Utah scenes published on the cover of the Utah Bar Journal should contact Randall L. Romrell, Associate General Counsel, Glen Cook Huntsman Chemical Corporation, 2000 Eagle Gate Tower, Salt Lake City, Utah, 841 i 1,532-5200. Send both David Erickson the slide, transparency or print of each photograph you want to be considered. Thomas Jepperson The Utah Bar Journal is published monthly, except July and August. by the Utah State Bar. One copy of each J. Craig Smith issue is furnished to members as part of their State Bar dues. Subscription price to others, $30; single copies, Denver Snuffer $4.00. For information on advertising rates and space reservation, call or write Utah State Bar offices. Judge Homer Wilkinson Statements or opinions expressed by contributors are not necessarily those of the Utah State Bar, and Committee Liaison publication of advertisements is not to be considered an endorsement of the product or service advertised. Maud C. Thurman Copyright i9 1995 by the Utah State Bar. All rights reserved. August/September 1995 3 LETTERS Dear Editor: the best interests of the child." Attorneys of that they (we) are upholding and advanc- the Oklahoma City bombing victims wil ing the best and noblest traditions of the This may only be my mid-life crisis now seek restitution, not from the bomber, legal profession. We should not be even talking, but Judge Page's article on the but from the fertilizer manufacturer, demon- vaguely surprised that the public considers Simpson trial (Views from the Bench, strating that an acute sense of justice is not us slime-sucking scumbags. To quote Pogo; VoL. 8, No.6) touched a sympathetic nearly so important as an acute sense of "We have met the enemy and he is us." nerve. I view with considerable alarm the where the bucks are. On the local scene, Over the last several months I have state of the legal profession. D.U.I. defense attorneys applaud the double come to regret my twenty-year investment Lately I have come to the inescapable jeopardy problems of coupling criminal in the law. If I had a nickel's worth of conclusion that our profession richly convictions with license revocation, ensur- moral courage, I would bag it all, find an deserves all of the mistrust, contempt and ing that there wil be more drunk drivers on honorable profession and burn my Bar ridicule that modern society can produce. the road, not less. membership card on the steps of the Law Examples abound: as pointed out by Judge The problem these cases represent is that and Justice Center (talk about your Page, the O.J. fiasco may well perma- attorneys and judges are clueless about even oxymorons). nently destroy whatever credibility the the most basic concepts of and societal val- criminal system ever enjoyed. The Baby ues regarding truth-seeking, responsibility Sincerely, Richard decision thoroughly eliminated and justice. Doubly disheartening is the fact Gavin J. Anderson, Esq. any notion that juvenile justice works "in that they (we) act out of the firm conviction Medical Malpractice Prelitigation Bill of Rights Panel Review Chairpersons Needed Symposium The 1. Reuben Clark Law School's The Division of Occupational and Professional Licensing is 1995 Bill of Rights Symposium is seeking attorneys who are licensed and in good standing in scheduled for Friday, October 27, Utah to serve as chairpersons of medical malpractice 1995, from 8:30 am until 4:30 pm on the BYU Campus. This year's theme prelitigation review panels. Prelitigation review is a condition is "The Dilemma of Ameiican Feder- precendent to commencing litigation under the Utah Health alism: Power to the People, the States, Care Malpractice Act. Panels are composed of an attorney, who or the Central Government?" with serves as the chairperson; a lay panelist; and a health care Rex E. Lee as the keynote speaker. provider who is practicing and knowledgeable in the same Other guest speakers include Gover- specialty as each proposed defendant. nor Michael O. Leavitt; Judge Chairpersons must be available to serve on 3-5 panel Monroe McKay, 10th Circuit Court of hearings per month, each of which are normally restricted to Appeals; Judge J. Clifford Wallace, 9th Circuit Court of Appeals; Judge two hours in length. Chairpersons will initially be required to Dee Benson, U.S. District Court for attend a training seminar scheduled as part of the Division's Utah; Justice Frederick J. Martone, Annual Meeting of the Board on September 20, 1995. The Arizona Supreme Court; Thomas B. seminar will be submitted for CLE approvaL. Chairpersons McAffee, Southern Ilinois College of responsibilities include conducting the panel hearing and Law; Cynthia C. Lebow, Department drafting a supplemental panel opinion following the hearing. of Justice;
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