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UTAH BAR JOURNAL Vol E" UTAH BAR JOURNAL Vol. 9 No.5 May 1996 c Utah Construction Law: Recovery For Nonpayment 8 APracticing Historical Law in the Utah Territory: Sketch 12 Strike the Unsigned Minute Entry! 18 Utah Office of Guardian Ad Litem 21 Justice Court Growth 35 "" r- Utah 0 Published by The Utah State Bar UTAH BAR JOURNAL- 645 South 200 East Salt Lake City, Utah 84111 Vol. 9 NO.5 May 1996 Telephone (801) 531-9077 President VISION OF THE BAR: To lead society in the creation of a justice system Dennis V. Haslam that is understood, valued, respected and accessible to all. President-Elect MISSION OF THE BAR: To represent lawyers in the State of Utah and Steven M. Kaufman to serve the public and the legal profession by promoting justice, profes- Executive Director sional excellence, civility, ethics, respect for and understanding of, the law. John C. Baldwin Bar Journal Committee Letters to the Editor......... ......... ............. ...... ......... ...... ...........................4 and Editorial Board Editor President's .Message ...... ......... .................... ...... ......... .... ..... ...... ....... ... ...5 Calvin E. Thorpe by Dennis V. Haslam Associate Editors M. Karlynn Hinman Commissioner's Report .........................................................................6 Willam D. Holyoak by John Florez R'àndall L. Romrell Articles Editors Utah Construction Law: Recovery For Nonpayment ...........................8 Christopher Burke by Michael iv Homer and David J. Burns Lee S. McCullough Letters Editor Practicing Law in the Utah Territory: A Historical Sketch.................12 Victoria Kidman by David Epperson Views from the Bench Editors Judge Michael L. Hutchings Strike the Unsigned Minute Entry! .....................................................18 Judge Stephen VanDyke by Michael A. Jensen Legislative Report Editor Lisa Watts Baskin Utah Office of Guardian Ad Litem .....................................................21 Case Summaries Editors by Kristin G. Brewer Scott A. Hagen Clark R. Nielsen State Bar News ....................................................................................25 Book Review Editor Betsy L. Ross The Barrister........................................................................................32 "How to . ." Editors Views from the Bench.........................................................................35 Brad Betebenner David Hartvigsen by Judge John L. Sandberg Patrick Hendrickson Case Summaries ..................................................................................37 Judicial Profies Editors by Clark R. Nielsen Mamie Funk Derek Pullan Stephen K. Christiansen Book Review... ........... ..... ......... ....... .......... ........ ...... .............. .... ..... ... ..39 ADREditor Cherie P. Shanteau Utah Bar Foundation..... ..... ........................... .......................... ............41 Law and Technology Editor CLE Calendar. ..... ...................... ..... ...... ...... ...... .................. .... ......... ... .42 R. Bruce Findlay Young Lawyer Representatives Classified Ads.... ........... ......... ....... ............ ...... ........................ ........... ..43 Michaela. Zabriskie Mark E. Bums COVER: High Uintahs, by Harry Caston, Esq., Salt Lake City, Utah. Robert O. Rice Members of the Utah Bar who are interested in having photographs they have taken of Utah scenes published Glen Cook on the cover of the Utah Bar Journal should contact Randall L. Romrell. Associate General Counsel, Huntsman David Brown Chemical Corporation, 2000 Eagle Gate Tower, Salt Lake City, Utah, 84 i i i, 532-5200. Send both the slide, David Erickson transparency or print of each photograph you want to be considered. Thomas Jepperson J. Craig Smith The Utah Bar Journal 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, $30; single copies, Denver Snuffer Judge Homer Wilkinson $4.00. For information 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 pnblica- Committee Liaison tion of advertisements is not to be considered an endorsement of the product or service advertised. Maud C. Thurman Copyright 19 i 996 by the Utah State Bar. All rights reserved. May 1996 3 - -LETTERS- Dear Editor: This is in reply to the article by Rick Knuth regarding the use of the word "Esquire" as a greeting for attorneys. Mr. Knuth's comments are interesting, but not particularly relevant. The abbreviation "Esq." is widely used to refer to an attor- ney of either sex. I object to any attempt to eliminate this term of professional respect. If Mr. Knuth wants to become more a "man of the people" he might try doing more work for average people, in areas like divorce and criminal defense. Unfortu- nately, there already seems to be a lack of respect for the bar. Anything done to diminish that respect further is counterpro- ductive at best. Sincerely yours, W. Andrew McCullough the arl of conversation. You'll be surprised how much we've changed! . New menu - featuring the finest of American & Mediterranean cuisine - daily specials. Quiet, relaxing atmosphere with light Jazz, Piano or Guitar every evening - live! . No cover - no minimum. EVERY FRI & SAT Rich Wyman at the Piano Lunch: Monday - Friday from 11 :30 AM Dinner: Monday - Saturday from 5:00 PM D.I3.0oPER'S I SOCIAL CLUB Downstairs at 19 East 200 South For Reservations Call 532-2948 A Private Club For Members 4 Vol. 9 No. 5 . I i i Lawyers' Public Service Responsibility By Dennis V Haslam . Streamlining and Integrating Intake and public policy issues have been raised that Last monthPro Bono I attended Conference the sponsored 1996 ABA by Case Placement. will required long-range planning. I have the ABA's Standing Committee on . Using ADR to Meet Low-Income Client proposed to the Board of Bar Commission- Lawyers' Public Service Responsibility. Our Needs. ers that we file a petition with the Utah own Judge Judith M. Billings of the Utah . Telephone Hotlines. Supreme Court requesting the creation of Court of Appeals sits on that committee. Models for Pro Se Support. the Equal Access to Justice Board. The I attended this particular conference . Building Partnerships Between Law Board should be charged with the responsi- because of our Bar's special concerns with Firms and Pro Bono Programs. bility of evaluating the legal needs of respect to access to justice by Utah's . Pro Bono Reporting: Mandatory, Volun- low-income and indigent persons in Utah, impoverished citizens and the delivery of tary or Not at All and Utah's ability to provide legal services legal services to those persons. The Bar . Utilizing Volunteers to Meet Clients; to meet those needs in civil cases. This is commission recently announced its inten- Critical Legal Needs. not just a problem for the Utah State Bar to tion to respond to these needs by hiring a Attending this conference gave me the solve through pro bono services; it is an lawyer experienced in poverty law issues opportunity to better understand the practi- issue that requires involvement of all to help screen and assess poverty law cases cal and logistical problems associated with Utahns because of the important social and and, to match clients in need with volun- the delivery of legal services to the poor, at constitutional implications. Access to the teer lawyers. This person also would least in the civil arena. In the past, the Legal courts is a constitutional right. If Utah's contact volunteer lawyers and educate Aid Society has assisted Salt Lake-area low lawyers do not take the lead on these impor- them to ensure appropriate competency. income clients in family law cases. There tant issues, then nothing may get done. The conference agenda was quite inter- has never been enough money nor enough The Equal Access to Justice Board should esting, as a listing of a few of the legal help. Utah Legal Services Corporation, be comprised of members of the judicial workshops shows: for the most part, has provided legal services branch, the executive branch, the legisla- . The Role of Bar Associations and to the poor throughout the rest of the State. tive branch, legal providers and recipients. Courts in developing Pro Bono Efforts. Its funding likely will be reduced by one- Public hearings should be held to ensure . Recent Activities in New Directions at third this year. More cuts are expected in the that all interested parties have an opportunity the Legal Services Corporation. future and there will be severe restrictions to participate in this important endeavor. The Impact of Substantive Law on the kinds of services to be performed by Because this will be a new program for Changes on the Poor. its attorneys. our Bar, and wil undoubtedly necessitate . Community Based Needs Assessments. The changes at Utah Legal Services will the expenditure of additional funds, it is . State-wide Planning Efforts: Strategies have a profound effect on the delivery of important that the Bar Commission receive and Results. legal services to the poor in Utah. Important continued on pg 28 May 1996 5 -- ,1 Leadership: Go Ask Alice By John Florez THE VISION THING ure of confidence: experts. They couldn't be trusted; and, Little seven year old Alice was sitting at Another of the maladies of leadership besides, now we had access to the same her school desk drawing when her teacher is
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