JOURNAL Utah Bar UTAH STATE BAR 7 TH Anniversary5 1931~2006 Volume 19 No.6 75th Anniversary Special Issue Don’t use us for your next PI case and you might be feeling, well, blue. Utah’s largest medical malpractice verdict Utah’s largest wrongful death verdict the personal injury practice group of 175 East 400 South, Suite 900 • Salt Lake City, UT 84111 • (801) 524-1000 Table of Contents Utah Bar President’s Message: 6 The Past, the Present, and the Future of our Bar by Gus Chin Best Wishes and Many Thanks from the Chief Justice 8 JOURNAL Separate Branches, Balanced Powers: Governing the Judicial Branch 9 by The Honorable Christine M. Durham Seventy Five Years and Four EDs Later 12 by John Baldwin Richard L. Bird, Jr. – Utah’s Most Senior Practicing Attorney 14 by Gretchen C. Lee From the Desk of the General Counsel 16 by Katherine Fox The More Things Change, the More They Stay the Same: 18 Investigating and Prosecuting Allegations of Attorney Misconduct by Kate A. Toomey Utah Minority Bar Association Receives Prestigious Honors – 24 Thanks Utah State Bar and Bar Members for Support by Cheryl Miyuki Mori Women Lawyers of Utah: How it All Started 28 by Jan Graham Small Claims Court: A Conversation with Scott Sabey and Tim Shea 32 by Scott Sabey and Tim Shea Questions You Might Ask About the History of the Utah Bar Journal 36 by Randall L. Romrell The Utah State Bar Presents Lifetime Achievement Awards 40 at 75th Anniversary Celebration Dinner The Young Lawyers of the Utah State Bar 43 by John A. Adams Paralegal Division: Congratulations on 75 Years! 47 by Kathryn K. Shelton, Chair VISION OF THE BAR: To lead society in the creation of a justice system that is understood, valued, respected and accessible to all. MISSION OF THE BAR: To represent lawyers in the State of Utah and to serve the public and the legal profession by promoting justice, professional excellence, civility, ethics, respect for and understanding of, the law. COVER: Historic courthouses located throughout the state of Utah. (See cover key on page 5.) Used by permission, Utah State Historical Society. All rights reserved. The Utah Bar Journal is published bi-monthly by the Utah State Bar. One copy of each issue is furnished to members as part of their Volume 19 No.6 Bar dues. Subscription price to others, $30; single copies, $5. For information on advertising rates and space reservations visit www.utahbarjournal.com or call Laniece Roberts at (801) 538-0526. For classified advertising rates and information please call 75th Anniversary Christine Critchley at (801) 297-7022. Statements or opinions expressed by contributors are those of the author and are not necessarily those of the Utah Bar Journal or Special Issue the Utah State Bar. Publication of advertisements is not to be considered an endorsement of the product or service advertised. Copyright © 2006 by the Utah State Bar. All rights reserved. Submission of Articles for the Utah Bar Journal The Utah Bar Journal encourages Bar members to submit which is composed primarily of licensed Bar members. The articles for publication. The following are a few guidelines broader the appeal of your article, the better. Nevertheless, for preparing your submission. the editorial staff sometimes considers articles on narrower topics. If you are in doubt about the suitability of your 1. Length: The editorial staff prefers articles having no more article for publication, the editorial staff invites you to than 3,000 words. If you cannot reduce your article to submit it for evaluation. that length, consider dividing it into a “Part 1” and “Part 2” for publication in successive issues. 5. Editing: Any article submitted to the Bar Journal may be edited for citation style, length, grammar, and punctuation. 2. Format: Submit a hard copy and an electronic copy in Content is the author’s responsibility–the editorial staff merely Microsoft Word or WordPerfect format. determines whether the article should be published. 3. Endnotes: Articles may have endnotes, but the editorial 6. Citation Format: All citations should follow The Bluebook staff discourages their use. The Bar Journal is not a Law format. Review, and the staff seeks articles of practical interest to attorneys and members of the bench. Subjects requiring 7. Authors: Submit a sentence identifying your place of substantial notes to convey their content may be more employment. Photographs are encouraged and will be suitable for another publication. used depending on available space. You may submit your photo electronically on CD or by e-mail, minimum 300 dpi 4. Content: Articles should address the Bar Journal audience, in jpg, eps, or tiff format. Cover Art Interested in writing an Members of the Utah State Bar or members of the Legal Assistants article for the Bar Journal? Division of the Bar who are interested in having photographs they The Editor of the Utah Bar Journal wants to have taken of Utah scenes published on the cover of the Utah Bar hear about the topics and issues readers Journal should send their photographs, along with a description of think should be covered in the magazine. where the photographs were taken, to Randall L. Romrell, Esq., Regence BlueCross BlueShield of Utah, P.O. Box 30270, Salt Lake City, If you have an article idea or would be Utah 84130-0270, or by email to [email protected] if digital. If interested in writing on a particular topic, non digital photographs are sent, please include a pre-addressed, contact the Editor at 532-1234 or write stamped envelope for return of the photo and write your name and Utah Bar Journal, 645 South 200 East, Salt address on the back of the photo. Lake City, Utah 84111. The Utah Bar Journal Published by The Utah State Bar 645 South 200 East • Salt Lake City, Utah 84111 • Telephone (801) 531-9077 • www.utahbar.org Bar Journal Editorial Board Bar Journal Editor Articles Editor Judicial Advisor Committee Members William D. Holyoak Robert Palmer Rees Judge Gregory K. Orme Young Lawyer Representatives Gretchen Lee Managing Editor Online Editor Peter H. Donaldson Todd Zagorec Departments Editor David B. Hartvigsen Nathan C. Croxford Catherine E. Roberts Art/Design Editor Copy Editor Paralegal Representative Randall L. Romrell Utah Law Developments John P. Ball Greg Wayment Editor Bar Staff Liaison J. Craig Smith Christine Critchley Advertising/Design Coordinator Laniece Roberts 4 Volume 19 No.6 Letters Submission Guidelines: Cover Key 1. Letters shall be typewritten, double spaced, signed by the author and shall not exceed 300 words in length. The photographs on the cover are, from top to bottom and left to right, as follows: 2. No one person shall have more than one letter to the editor published every six months. 1. Utah County Courthouse 3. All letters submitted for publication shall be addressed to Editor, Utah Bar Journal and shall be delivered to the office of the Utah State 2. Emery County Courthouse Bar at least six weeks prior to publication. 3. Carbon County Courthouse 4. Letters shall be published in the order in which they are received for each publication period, except that priority shall be given to the 4. Juab County Courthouse publication of letters which reflect contrasting or opposing view- 5. Ephriam City Courthouse points on the same subject. 6. Piute County Courthouse interior 5. No letter shall be published which (a) contains defamatory or obscene material, (b) violates the Rules of Professional Conduct, or (c) other- 7. Millard County Courthouse wise may subject the Utah State Bar, the Board of Bar Commissioners or any employee of the Utah State Bar to civil or criminal liability. 8. Davis County Courthouse 6. No letter shall be published which advocates or opposes a particular 9. Garfield County Courthouse candidacy for a political or judicial office or which contains a solici- 10. Utah County Courthouse interior tation or advertisement for a commercial or business purpose. 11. State House in Fillmore 7. Except as otherwise expressly set forth herein, the acceptance for publication of letters to the Editor shall be made without regard to 12. Washington County Courthouse the identity of the author. Letters accepted for publication shall not be edited or condensed by the Utah State Bar, other than as may be 13. Piute County Courthouse necessary to meet these guidelines. 14. San Juan County Courthouse 8. The Editor, or his or her designee, shall promptly notify the author of 15. Weber County Courthouse each letter if and when a letter is rejected. • Anesthesia Complications • Medication Errors • Insurance Fraud • Surgical Errors • Birth Injuries • Wrongful Death (Awards from $750,000 to $4.5 million) Utah Bar JOURNAL 5 President’s Message The Past, the Present, and the Future of our Bar by Gus Chin Over the years, as well as fairly recently, some have expressed There were 663 active members, 27 inactive members, and 21 concern about the relevancy of the Utah State Bar. I hope that honorary members. Bar dues for active members were $5 and our members realize that in addition to the essential regulatory $2.50 for inactive members. Today, seventy-five years later there functions of admissions and discipline, the Bar provides services are 6,849 active members and 1,999, inactive members. Bar dues intended to assist each of us professionally and otherwise. These for active members over 3 years are $370 , and $210 for those services include, but are not limited to, CLE, information access under 3 years, and $80 or $120 for inactive members depending via a well designed and managed web site, lawyer assistance on the level of service desired.