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When.The Peifect Facts and Most , Persuasive Law Are Just Beyond the Horizon, Base Your Case on the CD-ROM Edition of Pacifc Reporterqy 2D 1 When.the peifect facts and most , persuasive law are just beyond the horizon, base your case on the CD-ROM edition of Pacifc ReporterQY 2d. II i iii ilj Find it fast. Get it right. Go home early. Pacífie Reporter 2d on CD-ROM puts persuasive authority from fifeen states and two territories right on your desktop! Even if you have only a few facts, you can locate that must-have case from any jurisdiction in the region. In legal research, effciency is the bottom line, P2d on CD-ROM goes the distance! Find it fast. Get it right. Go home early. For additional Choose from three timesaving ways P2d on CD-ROM starts with Afer you've found a case, built-in information, call to search: 1) Natural Language tiustwOlthy, authoritative primaiy word procesing functions- 1-800-762-5272. searching with PREMISE'" Research materials. Exclusive headnote including "copy and Softare makes legal summarize each point of law to paste"-make Please provide research as easy help you apply a case to your fact document preparation OFFER NUMBER 839255. as tying your situation, Synopses give you a simple. Direct connection to issue in plain English; 2) field concise summaiy of WESTLW'" lets you easily expand templates let you simply "fil in the the issue and your research online. Finally, West blanks"; and 3) TeiIDS and procedural disposition Group's new KeyCite'" citation Connectors employ traditional of the case. And West research seiviæ helps you instantly Boolean methods, as well as Group's exclusive Key Number .. make sure that your case is stil sentence and paragraph connectors. System makes searching for "on- good law. point" cases completely compatible with your existing W't Group libraiy . WEST For information about other West Group products and services, visit us on the Internet GROUP at the URl: ww.westgroup.com Bancroft-Whitney. Clark Boardman Callaghan Lawyers Cooperative Publishing . WESnA~. West Publishing The trademarks shown within ore used under license. (£ 1998 West Group 9.9796N3.98 1839255 I 1-568-468-2 .' Utalig Published by The Utah State Bar UTAH BAR JOURNAL- 645 Souih 200 East Salt Lake City, Utah 84111 Vol. 11 NO.3 April 1998 Telephone (801) 531-9077 www.utahbar.org VISION OF THE BAR: To lead society in the creation of a justice system Bar Journal Committee and Editorial Board that is understood, valued, respected and accessible to alL. Editor MISSION OF THE BAR: To represent lawyers in the State of Utah and Calvin E. Thorpe to serve the public and the legal profession by promoting justice, profes- Associate Editors sional excellence, civility, ethics, respect for and understanding of, the law. William D. Holyoak Randall L. Romrell Articles Editors Letters ...............................................................................................................4 Christopher 1. Burke President's Message Blain H. Johnson Lee S. McCullough Bar Commission Adopts Long Range PIan......................................................5 by Charlotte L. Miller Letters Editor Victoria Kidman Commissioner's Report Views from the Bench Editors Newcomer's View of the Bar Commission ......................................................8 Judge Michael L. Hutchings by Randy S. Kester G. Kevin Jones Lorena P. Riffo With Liberty And Justice For All ............. ......................................................10 Legislative Report Editors by Honorable David Sam Lisa Watts Baskin Pro Bono - For the Good ...............................................................................12 Heather Miller by James C. Jenkins Case Summaries Editors GlenA. Cook Balancing Family Life with the Practice of Law ...........................................14 J. Craig Smith by Mark L. Fishbein Daniel M. Torrence The Conundrum of Gifted, Inherited and Book Review Editors Betsy L. Ross Premarital Property in Divorce.......................................................................16 Penniann J. Schumann by David S. Dolowitz "How to . ." Editors State Bar News ...............................................................................................25 David Hartvigsen Lisa M. Rischer The Barrister ............................................. ............ ........................... ............ ...44 Annalisa A. Steggell Views From the Bench Judicial Profies Editors 1998 State of the Judiciary Address ...............................................................49 Brett J. DelPorto Angelle H. Frehner by Chief Justice Michael D. Zimmerman Derek P. Pullan Jennifer L. Ross Case Summaries ............................................................................................ .53 by Daniel M. Torrence ADREditor Cherie P. Shanteau Book Review: Independent People.................................................................54 Law and Technology Editors by Betsy L. Ross Bruce R. Findlay Mark J. Gregersen Utah Bar Foundation ......................................................................................56 Young Lawyer Representatives CLE Calendar ............. ............ ........................................................................57 Mark C. Quinn Cathy E. Roberts Classified Ads .................................................................................................58 Peggy E. Stone COVER: Sego Lilies at Zions National Park by first-time contributor, Norman K. Johnson. Committee Members Such ada P. Bazzelle CORRECTED FIRST HUNDRED COVER ISSUES AVAILABLE David W. Brown The title to the photograph of Utah's First Hundred on the cover of the March edition TamraCole of the Utah Bar Journal contained a grammatical error. For those who may wish to David B. Erickson have a copy of this very important photograph and issue celebrating the First Hundred, Andrea J. Garland the Bar has reprinted a limited number of additional copies with corrected covers. H. Craig Hall Sandra K. McDonald These collector's editions wil be available for pick up at the Bar offces in the Utah Laurie 1. Sartorio Law and Justice Center. We apologize for this inconvenience. Kimberly J. Smith Members of the Utah Bar who are interested in having photographs they have taken of Utah scenes published Denver Snuffer on the cover of the Utah Bar Journal should contact Randall L. Romrell. Randle. Deamer. Zarr, Romrell & Lee, David R. Ward P.C., 139 East South Temple, Suite 330. Salt Lake City, UT, 841 I 1-1169, 531-0441. Send a slide, transparency or Judge Homer F. Wilkinson piint of each scene you want to be considered. John C. Y nchausti The Utah Bar Journal is published monthly, by the Utah State Bar. Due copy of cach issue is furnished to Bar Commission Liaison members as part of their State Bar dues. Subscription price to others, $40; single copies. $4.00. For information D. Frank Wilkins on advertising rates and space reservation, call or write Utah State Bar offces. Statements or opinions expressed by contributors are not necessarily those of the Utah State Bar, and publi- Bar Staff Liaison cation of advertisements is not to be considered an endorsement of the product or service advertised. Maud C. Thurman Copyright cg 1998 by the Utah State Bar. All rights reserved. April/99B 3 ~'l ~LETTERS j Dear Editor: He who pro-bono's slothfully, was used to reduce bar member dues. The following poem expresses the view or gives because reports are due, Commissioners, please reduce our dues. of many of our members about the current It is not counted good to him, Brian M. Barnard proposal for mandatory reporting of pro- and litte public good will do. bono work. Dear Editor: Answer: "But poor folk get left out." I think I speak for most members of the And richer folk advantage gain. WHAT ONCE WAS NOBLE, bar in stating that the new state Courts They do sometimes, without a doubt. PRIVATE CAUSE building in Salt Lake City appears to be a You'll stop that when you stop the rain. very attractive and functional edifice. I Pro-bono work the Bar promotes. .. Yet each should help out where he can, "Mandate reports," some agitate. look forward to practicing there. That starts to crowd out volunteers. with that but few of us contend. However, try as I might it is diffcult to But form new Bar bureaucracy? "But mandating makes numbers great." imagine why it is necessary to leave virtu- Heaven protect us and forfend! ally every light in the building turned on all It's a disease most widely spread: night every night, when the building is not "It's only voluntary though." "We bar members are not well liked. even in use yet. I doubt there is a surplus of "We'll discard those reports you do." We've got to spruce our image up. money with which to do this, and if there Pro-bono numbers must be hiked." Buy that, the Brooklyn Bridge is next. What foolishness! What ingenue! were it would stil be worth while to con- serve energy. I write this letter in the hope "They can't be hiked without reports." Edwin H. Beus The Bar offce must thus expand. that someone with the power to do some- thing about it wil either put a stop to the What once was noble, private cause, Dear Editor: practice of leaving all of the lights on or, if we'll tabulate, broadcast, grandstand. Several years ago bar dues were raised substantially to pay the mortgage on the Bar there is some good reason for doing so Why don't we let members alone? enlighten me. The quality of good you do, Office Building. After the mortgage was paid, dues were not reduced. Mitchell R. Barker and services you give for free, In 1997, the Bar Commission found stil do and can speak well for you. three-quarters of a milion dollars in SUR-
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