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justinspoliticalcorner · 24 days ago

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Joyce Vance at Civil Discourse:

Utah Senator Mike Lee knows better than this, which means that it’s about politics and not about the law. Specifically, it’s about letting politics trump the rule of law, the principle that there are laws that everyone, including the government, must follow. Apparently, the senator is no longer a fan. Senator Lee, the son of Rex Lee, Solicitor General of the United States during the Reagan administration, was both an Assistant United States Attorney and a law clerk to U.S. Supreme Court Justice Sam Alito after graduating from law school. He most decidedly understands that his tweet, which implies that judges who rule against the administration are corrupt, is false. This has been a persistent beat with Lee of late. Earlier this month he tweeted, “This has the feel of a coup—not a military coup, but a judicial one,” after a judge in New York issued a temporary halt to DOGE’s access to Treasury Department systems. Temporary restraining orders, or TROs, which we’ve had occasion to discuss here recently, freeze the status quo in place for a few days, or at most a couple of weeks, so that the judge can get the information they need to make a more substantive decision about whether a stay during the course of the litigation is warranted. That sort of temporary pause, designed to prevent anything that cannot be undone down the road from happening is hardly a coup. But there you have it, the distinguished senator from Utah, spreading misinformation. It is a dangerous campaign to undermine the rule of law, as Democratic Rep. Zoe Lofgren said Tuesday. Calling for judges to be impeached just because you don’t like their decisions is nothing short of anti-constitutional. Judicial review, the power of the courts to declare laws passed by Congress or actions taken by the president unconstitutional, is a deep-seated part of our rule of law system. Judicial review prevents excesses by either Congress or the president. The basis for it is logical if you use the same starting point the Founding Fathers did, that men are not angels and so, we must guard against abuses of power by those in control of government.

[...] Impeachment for judges, as for presidents, can only be had for high crimes and misdemeanors. “Interfering with DOGE”—granting a temporary stay—hardly reaches that bar, one that Republicans themselves set very high during Trump’s last term in office. If trying to steal an election and refusing to stop an attack on the Capitol doesn’t qualify, then it’s ludicrous to claim that a judge who enters a TRO should stand for impeachment. But that’s where we are. Elon Musk, lacking the finesse of Lee, simply calls for judges to be fired, ignoring the fact that they have life tenure. It’s unlikely that he doesn’t understand how the Constitution works in this regard. His constant repetition on this theme seems more likely an effort to destabilize the judiciary. If enough people can be convinced judges are corrupt, it is so much easier to push them out of the way; just like they down with federal law enforcement, the intelligence community, and government employees in general. [...] The president of El Salvador, Nayib Bukele retweeted Musk, adding, “If you don’t impeach the corrupt judges, you CANNOT fix the country.” Neutering the judiciary is the tactic of a strongman, and Bukele is not without critics for the tactics he has used in his country, tamping down on civil rights and democracy in the name of law and order. He has offered to take in people the Trump government deports, including U.S. citizens and legal residents, which would violate U.S. law. Not exactly the role model for American justice that Musk seems to think he is. Secretary of State Marco Rubio also praised Bukele after a recent trip, even though he has thrown thousands of people in prison without due process.

Elon Musk and the GOP are waging a war on the independent judiciary as a tool to end constitutional rule in our nation, all because they haven’t gotten their way on some of their rulings.

See Also:

HuffPost: Elon Musk, GOP Push To Impeach Judges Is Dangerous Political 'Theater'

#Mike Lee #Elon Musk #Judiciary #Musk Coup #Joyce Vance #Judicial Review

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posttexasstressdisorder · 2 months ago

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Democracy Docket

Marc Elias

Thursday, January 30

New York court revives state’s Voting Rights Act

An appeals court restored the New York Voting Rights Act (NYVRA) today, which expands voter protections, overturning a lower court's decision to strike it down. Gov. Kathy Hochul (D) said the decision "only reaffirms the protections intended in the NYVRA."

Hundreds of civil rights groups oppose Pam Bondi’s AG nomination

Over 300 civil rights groups sent a letter this week to U.S. senators urging them to vote against Pam Bondi’s confirmation to attorney general, citing her extensive anti-voting record and opposition to civil rights.

Bondi is not yet in charge of the U.S. Department of Justice (DOJ), but 10 days into President Donald Trump’s second term, his administration is already remaking the nation's top law enforcement agency from top to bottom. In a new YouTube video, Marc breaks down the detrimental actions taken so far and the ones to come.

Kash Patel, Trump’s FBI director pick, refuses to say who won 2020 election

Kash Patel, Trump’s pick for FBI director, refused to say who won the 2020 election during his Senate confirmation hearing today. Bondi also refused to say Trump lost in 2020 during one of her hearings.

House Republicans introduce bill to repeal crucial voting rights law

Reps. Andy Biggs (R-Ariz.) and Scott Perry (R-Pa.) introduced a bill in the House of Representatives to repeal the National Voter Registration Act of 1993 (NVRA), a crucial law expanding access to voting.

The NVRA, often known as the Motor Voter Act, requires a driver’s license application to simultaneously serve as a voter registration application. It also requires programs offering public assistance to provide voter registration services, mandates that states use a federal mail-in voting registration form and more.

National Sheriffs Association reveals fealty to Trump, not the law

The National Sheriffs Association and its members want to curry favor with the Trump administration and are poised to assist in the most illegal and inhumane promises, including “mass deportation" and silencing dissent, Democracy Docket contributor Jessica Pishko argues in a new piece.

Hearings coming up tomorrow

A Virginia court will hold a hearing in a lawsuit challenging Gov. Glenn Youngkin's (R) voter purge program. Pro-voting groups assert the program wrongfully removed eligible voters shortly before the elections. The Justice Department — now under Trump — dropped its lawsuit challenging the program.

A Utah court will hear a challenge to the state's congressional map. Voters argue that the map is a partisan gerrymander that favors Republicans, violating the state constitution.

THE OPPOSITION

Holding Trump Accountable

The latest on Democratic officials’ lawsuit challenging Trump’s funding freeze

Democratic officials in 22 states and Washington, D.C. sued the Trump administration Tuesday challenging the federal funding freeze, asking the judge for a temporary restraining order, which would pause the freeze while litigation is ongoing.

Yesterday, the administration rescinded the memo that announced the freeze of federal programs and grants. Shortly after, White House Press Secretary Karoline Leavitt posted a contradictory statement on X, explaining that the funding freeze had not been rescinded, only the memo itself had been.

A federal judge in Rhode Island asked the Democratic officials to submit a proposed order for the specific relief they sought in the wake of the rescinded memo. He gave the DOJ 24 hours to respond to the proposed order, which was submitted at 6:15 p.m. last night. As of 5 p.m. today, the Justice Department hasn’t responded.

Eighth lawsuit filed against Trump’s birthright citizenship executive order

Santa Clara County, California officials sued the Trump administration today challenging his executive order purporting to end birthright citizenship. This marks the eighth lawsuit filed against this order.

This is a daily newsletter that provides a quick and easy rundown of the voting and democracy news of the day. For questions about your subscription or general support, visit our FAQ page here.

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tastydregs · 2 years ago

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Robot Lawyers Are About to Flood the Courts

The hype cycle for chatbots—software that can generate convincing strings of words from a simple prompt—is in full swing. Few industries are more panicked than lawyers, who have been investing in tools to generate and process legal documents for years. After all, you might joke, what are lawyers but primitive human chatbots, generating convincing strings of words from simple prompts?

For America’s state and local courts, this joke is about to get a lot less funny, fast. Debt collection agencies are already flooding courts and ambushing ordinary people with thousands of low-quality, small-dollar cases. Courts are woefully unprepared for a future where anyone with a chatbot can become a high-volume filer, or where ordinary people might rely on chatbots for desperately-needed legal advice.

Garbage In, Garnishments Out

When you imagine a court, you might picture two opposing lawyers arguing before a judge, and perhaps a jury. That picture is mostly an illusion. Americans have the right to an attorney only when they’re accused of a crime—for everything else, you’re on your own. As a result, the vast majority of civil cases in state and local courts have at least one party who does not have a lawyer, often because they have no other option. And because court processes are designed for lawyers, every case with a self-represented litigant requires more resources from courts, assuming the person without a lawyer shows up at all.

Add enough cases like this to a court’s docket, and the results are ugly. In the aftermath of the 2008 financial crisis, thousands of foreclosure cases hit court dockets all at once. Many of the cases were rife with defects: false affidavits, bad notarizations, backdated paperwork, inadequate documentation, and so on. But foreclosures were pushed through anyway, and people lost their homes.

This wasn’t a one-off. It’s a warning of what happens when the world changes and courts don’t adapt. To see that future for robot lawyers, take today’s high-volume filers: debt collections agencies. Small-dollar ($5,000 or less) debt cases, filed en masse by collections agencies, increasingly dominate local court dockets. While nationwide data is hard to find (more on that later), in 2013, the Pew Charitable Trusts found that small-dollar debt cases made up a quarter of all civil (non-criminal) cases filed in the United States. In 1993, it was just over 10 percent. And cases are on the rise, in red and blue states.

The goal of debt collection cases is simple: Turn hard-to-collect debt into easy-to-collect wage garnishments. In most states, when someone loses a debt case, a court can order their employer to redirect their wages toward a creditor instead. The easiest way for that to happen? When the defendant doesn’t show up, defaulting the case. The majority of debt cases end in default: Either the defendant chooses not to show, is confused about what they need to do or should do, or, just as often, never receives notice of a case at all. “Sewer service,” where plaintiffs deliberately avoid notifying defendants of a legal case (for example, by sending a case to an old address), has been a festering problem in debt and eviction cases for decades, and continues to this day. In some cases, people find out they’ve been sued only after noticing that their paycheck has been garnished.

When a case does default, many courts will simply grant whatever judgment the plaintiff has requested, without checking whether the plaintiff has provided adequate (or any) documentation that the plaintiff owns the debt, that the defendant still owes the debt, or whether the defendant has been properly notified of the case. Sometimes, even the math is wrong: One study of Utah’s courts found that 9.3 percent of debt cases miscalculated the interest plaintiffs were entitled to after a judgment. In other words: garbage in, garnishments out.

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divorcelawyergunnisonutah · 2 years ago

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Family Law Attorney West Valley City Utah

Family attorney is a person who deals with all the matters of families. No matter if it is a matter of marriage, divorce, child custody, property, ownership, etc. The Family-law attorney in West Valley City deals with all such matters. A Family attorney is out of the zone of the criminal justice system and works only under civil law. Whenever a person gets a problem in family matters, no matter how severe the condition is, a Family-law attorney is hired, not a criminal lawyer. A Family-law attorney has the massive responsibility of getting justice for his clients. Family lawyers can act as mediators when family disagreements develop. They can also represent litigants in family conflicts that end up courts. Below are some of the things that family lawyers can do. Parents with minor children who are facing divorce are usually primarily concerned with child custody matters. Getting enough family time with children after a divorce is vitally important to the health and happiness of any children and for the family as a whole.

Each state has different laws regarding child custody matters, although most follow similar guidelines. Physical custody is the type of custody granted to the parent who lives with the child. Legal custody is the type of custody in which the parent has the right to participate in important life decisions for the child, such as schooling or religious affiliation. Both parents can have both types of custody. Sole custody occurs when only one parent is awarded custody for either physical or legal custody, or both. In joint custody, both parents share custody.

In West Valley City, Utah, joint physical custody means each parent lives with the child for at least 111 days in a year.

How a Court Decides Custody

In West Valley City, Utah, a court presumes that joint legal custody is in the best interests of the child, absent a valid reason to the contrary. Such reasons could include domestic violence, having a child or parent with special needs or if there is a large distance between the living spaces of the parents. A court does not presume that it is in a child’s best interest to live with the mother or father based on the biological sex of the parent, but decides custody on the best interests for a particular child based on several factors involving the child and parents. When establishing what is in the best interests of the child, West Valley City, Utah family courts rely on several factors defined by state law. However, that list is not exhaustive, meaning that a court can take any information that it deems relevant when deciding child custody. In West Valley City, Utah, the legislature specifically noted that a court should consider the following when reaching a decision on custody: • Previous parental conduct and the “demonstrated moral standards of each of the parties” • Which parent will act in the best interest of the child, including allowing the noncustodial parent frequent and continuing access to the child. • The depth, quality, and nature of the relationship between a parent and child

Modifying a Child Custody Order

West valley City, Utah state law recognizes that life changes occur after a divorce is finalized. While one custody arrangement may be appropriate soon after the divorce is final, changes in jobs, relocation and other matters may make a current child custody arrangement obsolete. A parent must petition to the court in order to modify a child custody arrangement. If the parents cannot agree on a change, the court will look to two factors when deciding whether to change the child support order: • First, the court must find that “a material and substantial change in circumstances” has occurred since the last order was entered • Second, the court must determine that changing custody would be in the best interests of the child Parents with questions regarding custody matters should consult with an experienced family law attorney to discuss their situation.

West Valley City, Utah Divorce Laws

When a couple gets married, it’s generally a happy time in their lives and they don’t think about divorce. Despite this hope, sometimes divorce is necessary for the health and sanity of both parties. The old axiom of about 50% of marriages ending in divorce has been found to be inaccurate, but a good number of marriages still don’t last forever. If you have children, child custody and child support are important parts of the case that will keep you and your former spouse in family court until the children are adult that aren’t eligible for child support, which in Utah can be ordered until they’re 21 years old. No matter what your individual circumstances are, a couple seeking a divorce must comply with the following divorce laws before they are able to divorce in Utah.

Residency Requirements: One party must be a bona fide resident of Utah for at least three months before commencing action. Members of the military who have been stationed in Utah for at least three months can also file for divorce there.

Waiting Period: A divorce matter won’t be heard by the family court until at least 90 days from filing the complaint asking for a divorce. In extraordinary circumstances, this waiting period can be waived.

A divorce decree becomes absolute on the day its signed by court and entered by the clerk, however, not that the judge can extend the date in which it becomes absolute for up to six months for good cause either by application of either party or at his or her own decision.

“No Fault” Grounds for Divorce: Utah has two no fault grounds for divorce, first irreconcilable differences which is a loose cover-all for just no longer getting along and wanting to break up. The second no fault grounds is being legally separated and not cohabitating for at least three years.

Fault Based Grounds for Divorce; Utah still maintains fault based grounds for divorce, these can affect the amount that’s distributed to each spouse under the state marital property laws. These fault-based grounds are: • Adultery committed by the respondent (person who is served with divorce papers) while married to petitioner (person who brings the divorce action) • Cruelty or domestic violence to extent that bodily injury or great mental distress is caused of the petitioner • Desertion of the petitioner for at least 1 year • Alcohol addiction of respondent • Impotency of respondent at the time of marriage • Nonsupport or willful neglect to provide the petitioner with necessaries of life • Incurable insanity • Conviction of a felony by respondent

Temporary Separation Order

A person can ask the court for a temporary separation order that is valid for one year or until the divorce is filed or the case is dismissed.

West Valley City, Utah Child Custody Laws

When a couple with children breaks up, the responsibility to care for the children must be shared by both parents. An important aspect is child custody or with whom the child will live with and what visitation with the other parent will be like. Another part of this responsibility is financial support, in the form of child support. West Valley City, Utah family courts, like those in most states, determine child custody matters using the “best interests of the child.” The factors considered by the judge include: • Past conduct and demonstrated moral standards of the parties • Parent most likely to act in the best interest of the child, including allowing child frequent contact with non-custodial parent • Bonding between each parent and the child • If a parent has intentionally exposed the child to pornography or other harmful sexual-related materials • Physical, psychological, and emotional needs of the child • Both parent’s ability to reach shared decisions for the child and prioritize the child’s welfare • If both parents participated in raising the child before the divorce • The geographic proximity of the parents’ homes\ • The child’s preferences • Parents ability to protect child from their conflict • Past and present ability to cooperate with each other in parenting and making decisions • Any history of child abuse, domestic violence, or kidnapping • Any other relevant factors When parents can’t develop their own parenting schedule, the court can establish an appropriate schedule more or less than the statutory minimum parent-time based on the following best interest of the child factors: • How parent-time would negative impact child’s physical health and emotional development • Distance between child’s home and the non-custodial parent’s home • Allegations of child abuse • Lack of demonstrated parenting skills when there’s no safeguards to ensure child’s safety • Financial inability of non-custodial parent to provide food and shelter during parent-time • Child’s preference, if sufficiently mature • Parent’s incarceration • Shared interests of the child and non-custodial parent • Non-custodial parent’s involvement in the child’s school, community, religious, or other related activities • Non-custodial parent’s availability to care for the child when the custodial parent is working or has other obligations • Chronic pattern of missing, canceling or denying regularly scheduled parenting time • Parent-time schedule of siblings • Lack of reasonable alternatives for nursing child • Any other criteria the court feels is relevant to the best interests of the child

Utah Marital Property Laws

During marriage, couples acquire the rights to some of the property and assets, as well as debts, acquired by one or both of them. Marital property doesn’t include things that are considered separate property owned by either spouse, for example, property owned before marriage, inheritance, gifts, property specifically excluded by valid prenuptial agreements, and property gained after legally separating. In addition, keep in mind that you are also on the hook still for your separate debts from before marriage.

Equitable Distribution vs. Community Property

Wes Valley City, Utah is an equitable distribution or common law state, which is the majority marital property legal system. However, large numbers of people, live in community property states. This means marital property in West Valley City Utah isn’t automatically assumed to be owned by both spouses and therefore should be divided equally in a divorce.

In West valley city, Utah, marital property is divided “equitably” or fairly, which may not be an even 50-50. Usually for longer marriages, it is about 50% to each party. For short-term marriages, the court generally puts people back to their position before the marriage, such as giving people what they had before the marriage and typically what they made during the marriage. Parties can agree on how they want to divide the property outside of court, but a judge will review it to ensure it’s fair.

West valley City, Utah Child Abuse Laws

Criminal statutes are in place to keep people safe. Utah’s child abuse laws are designed to protect children from harm by prohibiting the physical, emotional, and sexual abuse of children. These child abuse statutes assist in prosecuting child abusers and mandate certain third parties and professionals with access to children to report knowledge or suspicion of child abuse to the authorities. Utah’s Department of Child and Family Services also provides resources statewide to protect the welfare of children.

West Valley City Utah Child Support Guidelines

Family law courts in Utah determine how much child support a non-custodial parent (a parent who doesn’t live with their minor child) is required to pay by using the state’s child support guidelines. These guidelines take into consideration both parents’ gross incomes and the number of children that they have together. The court will follow the child support guidelines unless there is substantial evidence to rebut the guidelines. In order to determine whether or not to deviate from the guidelines the court will consider: • The standard of living of the parents • The relative wealth and income of the parents\ • The ability of the non-custodial parent to earn • The ability of the custodial parent to earn • The ability of an incapacitated adult child to earn, or other benefits received by an adult child • The needs of the custodial parent, the non-custodial parent, and the child • The ages of the parties, and • The responsibilities of the custodial parent and the non-custodial parent for the support of others

Reasons to Hire a Family Law Attorney

• Handling Divorce Issues: Undergoing a divorce is probably one of the most draining experiences that a family can face. Emotions may set in and make it impossible for a couple to settle it calmly. In such a case, a family law attorney can act as a mediator, and assist them to approach the issue rationally and within the law. In other words, a competent family law attorney can assist couples in the process of divorcing to settle the matter fairly without necessarily going to court. • Handling Estates and Wills: A will is a legal document through which people state how they would wish their property to be managed when they die. Family law attorneys are responsible for assisting people in drafting these documents. They also have what it takes to ensure that an estate is administered as stated by a deceased via the will. • Handling Child Custody Agreements: When a couple separates, one of the most difficult issues to handle has to be what happens to the children. Couples need to agree on how to take care of the children they have had together in the new arrangement. Child custody is defined by an agreement in which both parents have to live with the terms therein. A competent family lawyer can help parents that are parting ways to draft such an agreement. A family law attorney can also help parents in amending child custody agreements if need be. • Handling Prenuptial Agreements: A prenuptial agreement is a contract signed by a couple prior to a marriage or a civil union. Although the content of such a contract may vary from one case to another, its main aim is to spell out the provisions of spousal support and division of the property in the event of a breakup or a divorce. A family lawyer can assist a couple in drafting a prenuptial agreement and handling any matters that may arise from the contract according to the law. • Represent Litigants in Court: Although family attorneys can help people to settle family disputes outside court, some of these matters still end up in the courts. In such a case, family lawyers are best suited to help litigants get justice. These attorneys handle such cases almost every other day, and therefore, they have the necessary legal knowledge and practical experience to help litigants to navigate the complex jungles of the family law and ensure that justice is served accordingly.

Free Initial Consultation with Lawyer

It’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!

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About West Valley City Utah

West Valley City, Utah

From Wikipedia, the free encyclopedia

West Valley City, Utah

City

City of West Valley City

The Maverik Center in West Valley City, home of the Utah Grizzlies ice hockey team.

Seal

Motto:

“Progress as promised.”[1]

Location within Salt Lake County

West Valley City

Location within Utah

Show map of UtahShow map of the United StatesShow all

Coordinates: 40°41′21″N 111°59′38″WCoordinates: 40°41′21″N 111°59′38″W Country United States State Utah County Salt Lake Settled 1847 Incorporated 1980 Government

• Mayor Karen Lang [2] Area

[3]

• Total 35.88 sq mi (92.92 km2) • Land 35.83 sq mi (92.79 km2) • Water 0.05 sq mi (0.14 km2) Elevation

4,304 ft (1,312 m) Population

(2020)[4]

• Total 140,230 • Density 3,913.76/sq mi (1,511.11/km2) Time zone UTC−7 (Mountain (MST)) • Summer (DST) UTC−6 (MDT) Area code(s) 385, 801 FIPS code 49-83470[5] GNIS feature ID 1437843[6] Website www.wvc-ut.gov

West Valley City is a city in Salt Lake County and a suburb of Salt Lake City in the U.S. state of Utah. The population was 140,230 at the 2020 census,[4] making it the second-largest city in Utah. The city incorporated in 1980 from a large, quickly growing unincorporated area, combining the four communities of Granger, Hunter, Chesterfield, and Redwood. It is home to the Maverik Center and USANA Amphitheatre.

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from Ascent Law https://ascentlawfirm.com/family-law-attorney-west-valley-city-utah/

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quoggy · 7 years ago

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Representation when a Client Dies

What do you do when your client dies? As with all legal questions, the answer is: it depends. In this case, on whether or not litigation was pending.

If litigation was pending, then you will need to act quickly to see if there are plans to open an estate. If so, you will need to obtain the consent of the family to continue representation. Strictly speaking, since the attorney-client relationship is an agency relationship, the death of a client terminates the attorney-client agency relationship, and the attorney’s authority to act ends automatically. See: Restatement (Second) of Agency, § 120 (1958). The lawyer-client relationship is not excepted from this rule. See: Switkes v. John McShain, 202 Md. 340 (1953).

If the family of the deceased has opened an estate, however, once a personal representative is appointed, the lawyer needs to substitute the estate as the party. Otherwise, the lawyer must file a motion to withdraw. If there aren’t any plans to open an estate, or the lawyer cannot locate any family members, then the lawyer would need to just file a motion to withdraw.

If there is no pending litigation, and no plans to open an estate, then that’s the end of it. A lawyer cannot make decisions on behalf of a deceased client, since the attorney-client relationship has been terminated. The lawyer’s representation simply ends.

Even though the attorney no longer represents the deceased client, they are still prohibited from violating the attorney-client privilege. Absent informed consent – which obviously can’t be granted from a dead person – a lawyer is prohibited from revealing information relating to the representation of that client. This is particularly important in family law matters, when an attorney would be aware that his client would not consent to opening this information to family members. For example, if a client was exploring a divorce, then all attorney-client work product should not be disclosed to the surviving spouse.

There are exceptions. In Maryland, the Court of Appeals recently reaffirmed a testamentary exception to the attorney-client privilege in Zook v. Pesce, 438 Md. 232 (2014).

The so-called testamentary exception was initially explored in Benziger v. Hemler, 134 Md. 81 (1919), wherein an attorney who drafted the will of a decedent was obligated to testify to the “transactions, circumstances, and instructions” given regarding the preparation of the will, including any communications between the client and attorney. In the context of a contested estate, such disclosure helps the court carry out the decedent’s estate plan. As the Court explained in Benzinger:

The rule, we think, is well stated in the note In re Young['s Estate], 17 L.R.A. (N.S.) 108 [33 Utah 382, 94 P. 731] in which it is said: "It may be laid down as a general rule of law, gathered from all the authorities, that, unless provided otherwise by statute, communications by a client to the attorney who drafted his will, in respect to that document, and all transactions occurring between them leading up to its execution, are not, after the client's death, within the protection of the rule as to privileged communications, in a suit between the testator's devisees and heirs at law, or other parties who all claim under him.

Maryland has recognized this exception to the attorney-client privilege ever since, even if it was never formally named as such. The testamentary exception was given its name, and was formally recognized as such, in Zook v. Pesce.

In Zook, almost one century later, this issue was revisited. In this particular case, a beneficiary of an estate argued that she was entitled to certain documents to make an argument that the principal of the estate, her father, was not competent in drafting his will. The trial court disagreed, as the documents sought were not in force when the decedent died, and thus they were considered attorney work product, and thus they were considered privileged by attorney-client confidentiality. The case was appealed, and the Court of Appeals explained the importance of upholding privilege even after the death of a client:

Knowing that communications will remain confidential even after death encourages the client to communicate fully and frankly with counsel. While the fear of disclosure, and the consequent withholding of information from counsel, may be reduced if disclosure is limited to posthumous disclosure in a criminal context, it seems unreasonable to assume that it vanishes altogether. Clients may be concerned about reputation, civil liability, or possible harm to friends or family. Posthumous disclosure of such communications may be as feared as disclosure during the client's lifetime.

The Court of Appeals, however, found that the trust agreements sought by Ms. Zook were subject to the testamentary exception, and she was therefore entitled to documents that would have otherwise been privileged materials. Unfortunately for her, the Court of Appeals also decided that admission of these documents wouldn’t have altered the trial court’s ultimate ruling as a matter of law. So she still lost.

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ericfruits · 4 years ago

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Malpractice Arbitration Upheld In Wyming

The Wyoming Supreme Court has held that

We conclude the district court: erred when it failed to stay the malpractice action as required by the Wyoming and Utah Uniform Arbitration Acts; properly limited its review to whether the arbitration provision was enforceable; and correctly ruled on the enforceability of the arbitration provision. We therefore affirm the district court’s order compelling arbitration, but reverse its dismissal of the action and remand with instructions to stay the proceedings pending arbitration.

The attorney had represented three beneficiaries to a trust

Grimmer represented Ms. Inman, Patterson, and Daisha over the next three years, including in a probate action and a civil action in Wyoming against Daralee, challenging her depletion of trust assets. Grimmer also grew involved in Ms. Inman’s life, helping her find employment, arranging educational tutors, and assisting her with travel arrangements, health care, and buying a car. After she turned 18 in 2015, Ms. Inman signed a new engagement agreement at Grimmer’s request. The new agreement contained an arbitration provision. Grimmer also continued to represent Patterson and Daisha.

Ms. Inman’s and Patterson’s interests soon diverged. By 2017, Ms. Inman wished to end the litigation against Daralee but Patterson did not. In 2016 and 2017, Grimmer helped Patterson attempt to buy real property from the WPI Trust. During this time, Grimmer also drew up and had Ms. Inman sign documents regarding the real property and the trust litigation that benefitted Patterson. Ms. Inman claims Grimmer told her these documents would help end the litigation against Daralee, and did not explain how they might adversely effect her interests. Ms. Inman fired Grimmer in September 2017. Grimmer continued to represent Patterson in matters involving Ms. Inman.

The court found the arbitration provision enforceable

The provision clearly covered malpractice claims, and plainly listed the rights Ms. Inman relinquished when she signed the agreement. In the end, the law and rules of professional conduct permit attorneys to include arbitration provisions that encompass malpractice claims in their engagement agreements; Ms. Inman does not claim the arbitration provision is harmful to the public as whole; Grimmer had no duty under Utah law or rules of professional conduct to verbally explain the provision to her; and the provision as written was adequate to inform her of its scope and effect. Under these circumstances, Ms. Inman has not convinced us that Utah courts would invalidate the arbitration provision on public policy grounds.

(Mike Frisch)

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dailynewswebsite · 4 years ago

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A century ago, James Weldon Johnson became the first Black person to head the NAACP

These NAACP leaders met at a 1916 convention. Library of Congress

On this second of nationwide racial reckoning, many Individuals are taking time to find out about chapters in U.S. historical past disregarded of their faculty texbooks. The early years of the Nationwide Affiliation for the Development of Coloured Folks, a civil rights group that originally coalesced round a dedication to finish the brutal observe of lynching in the USA, is value remembering now.

An interracial group of ladies and men based the group that might quickly turn into often called the NAACP in 1909. A coalition of white journalists, attorneys and progressive reformers led the trouble. It might take one other 11 years till, in 1920, James Weldon Johnson grew to become the primary Black individual to formally function its high official.

As I clarify in my forthcoming ebook “Nonviolence Earlier than King: The Politics of Being and the Black Freedom Wrestle,” interracial organizing was extraordinarily uncommon within the early 20th century. However the place it did happen – like in most of the summer time of 2020’s Black Lives Matter protests – it was as a result of some white Individuals united with Black Individuals over their shared concern about wanton violence directed in opposition to Black individuals.

W.E.B. Du Bois and Mary White Ovington had been among the many NAACP’s founders. David/Flickr, CC BY-SA

Lynching in America

Between 1877 and 1945, greater than 4,400 Black Individuals had been lynched. Many of those lynchings had been public occasions that attracted 1000’s of spectators in a carnival-like ambiance.

A violent assault by white individuals on the Black neighborhood in Abraham Lincoln’s longtime hometown impressed the NAACP’s founding. In August 1908, two African American males in Springfield, Illinois had been accused with out clear proof of homicide and assault and brought into custody.

When a white mob that had organized to lynch the 2 males, Joe James and George Richardson, didn’t find them, it lynched two different Black males as a substitute: Scott Burton and William Donnegan. White mobs raged for days afterwards, burning black properties and companies to the bottom.

Solely after Illinois Gov. Charles Deneen referred to as in 1000’s of the state’s Nationwide Guardsmen was the white mob violence quelled.

‘The decision’ for racial justice

Two of the NAACP’s most distinguished African American founders had been W.E.B. Du Bois, a sociologist, historian, activist and creator, and the journalist and activist Ida B. Wells, who had been publicly difficult lynching because the early 1890s.

They had been joined by a variety of white individuals, together with New York Put up writer Oswald Garrison Villard and social employee Florence Kelley in issuing “the decision” for racial justice on the centenary of Abraham Lincoln’s beginning: Feb. 12, 1909.

Ida B. Wells was among the many NAACP’s founders. Library of Congress

The group organized a precursor to the NAACP often called the Nationwide Negro Committee in 1909, which constructed on earlier efforts often called the Niagara Motion. This free affiliation of Black and white individuals referred to as on “all believers in democracy to hitch in a nationwide convention for the dialogue of current evils, the voicing of protests, and the renewal of the battle for civil and political liberty.” Du Bois chaired a Could 1910 convention that led to the NAACP’s official formation.

Because the historian Patricia Sullivan writes the NAACP emerged as a “militant” group targeted on making certain equal safety of below the regulation for Black Individuals.

The NAACP’s founders, of their phrases, envisioned an ethical battle for the “mind and soul of America.” They noticed lynching because the preeminent menace not solely to Black life in America however to democracy itself, and so they started to prepare chapters throughout the nation to wage authorized challenges to violence and segregation.

The group additionally targeted its early efforts on difficult portrayals of Black males as violent brutes, beginning its personal publication in 1910, The Disaster. Du Bois was tapped to edit the publication, and Wells was excluded from this early work regardless of her experience and prominence as a author – an exclusion she later blamed on Du Bois.

Though the group’s early work was an interracial effort, in response to historian Patricia Sullivan, all members of its preliminary government committee had been white.

The NAACP produced this anti-lynching poster in 1922. Nationwide Museum of African American Historical past and Tradition

James Weldon Johnson

James Weldon Johnson joined the group as a discipline secretary in 1916 and rapidly expanded the NAACP’s work into the U.S. South. Johnson was already an achieved determine, having served as U.S. consul to Venezuela and Nicaragua below the Taft and Roosevelt administrations.

Johnson additionally wrote a novel referred to as “The Autobiography of an Ex-Coloured Man” – a strong literary work a couple of Black man born with pores and skin mild sufficient to move for white. And he wrote, together with his brother J. Rosamond Johnson, the music “Elevate Each Voice and Sing,” which to today serves because the unofficial Black nationwide anthem.

As discipline secretary, Johnson oversaw circulation of The Disaster all through the South. The NAACP’s membership grew from 8,765 in 1916 to 90,000 in 1920 because the variety of its native chapters exploded from 70 to 395. Johnson additionally organized greater than 10,000 marchers within the NAACP’s Silent Protest Parade of 1917 – the primary main avenue protest staged in opposition to lynching within the U.S.

James Weldon Johnson grew to become the primary Black American to go the NAACP in 1920. Library of Congress

These clear successes led the board to call Johnson to be the primary individual – and the primary Black American – to function the NAACP’s government secretary in November 1920, cementing Black management over the group. He united the tons of of newly organized native branches in nationwide authorized challenges to white violence and anti-Black discrimination, and made the NAACP essentially the most influential group within the struggle for Black equality earlier than World Warfare II.

Johnson united native chapters in advocating for the introduction of an anti-lynching invoice in Congress in 1921. Regardless of efforts in 2020 to lastly accomplish this objective, the U.S. nonetheless lacks a regulation on the books outlawing racist lynching.

Johnson did, nonetheless, preside over the NAACP when the group notched its first of many main Supreme Courtroom wins. In 1927, the court docket dominated in Nixon v. Herndon {that a} Texas regulation barring Black individuals from taking part in Democratic Social gathering primaries violated the structure.

Johnson’s tenure on the NAACP’s helm led to 1930, however his means to unite native chapters in nationwide litigation laid a lot of the groundwork for quite a few Supreme Courtroom wins within the years forward, together with the 1954 Brown v. Board of Schooling Supreme Courtroom resolution which marked the start of the tip for legalized segregation in the USA.

In later years, Johnson grew to become the primary Black professor to show at New York College.

Alicia Keyes performing ‘Elevate Each Voice and Sing.’

The work continues

Amongst Johnson’s contributions to the NAACP was hiring Walter White, an African American chief who succeeded Johnson as government secretary. White presided over the group between 1930 and 1955, a interval that included many profitable authorized actions.

The battle launched by Du Bois, Wells and Johnson and their white allies a century in the past continues in the present day. The killing of Black Individuals that led to the NAACP’s founding stays a harrowing continuity from the Jim Crow period.

[Deep knowledge, daily. Sign up for The Conversation’s newsletter.]

In 2020, 155 years after the Civil Warfare ended, the individuals of Mississippi voted to take away the Accomplice battle flag from their state flag, confirming an act Mississippi lawmakers undertook a number of months earlier. Utah and Nebraska stripped archaic slavery provisions from their state constitutions. Alabama nixed language mandating faculty segregation from its state structure.

These adjustments had been the results of hundreds of thousands of Individuals becoming a member of collectively to take motion in opposition to racism, an indication that an interracial motion for justice in America has by no means been stronger.

Anthony Siracusa doesn’t work for, seek the advice of, personal shares in or obtain funding from any firm or group that might profit from this text, and has disclosed no related affiliations past their educational appointment.

from Growth News https://growthnews.in/a-century-ago-james-weldon-johnson-became-the-first-black-person-to-head-the-naacp/ via https://growthnews.in

#Growth News

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melissawalker01 · 4 years ago

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Divorce St. George

Divorce happens after a married couple does not want to be legally married and/or living together anymore; it is legally dissolving a marriage.

How Much Does A Divorce Cost In St. George, Utah?

There is a lot that goes into the divorce process. Filing for divorce costs alot in Utah, however, there is a lot more to a divorce than just a small fee.

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• Mutually agreed divorce: When a couple can agree on the terms prior to them filing for divorce, the cost can be significantly lower than if they are not on agreeing terms. The average cost of a divorce when both parties already agree on all terms for the divorce can be as low as $100-$400. When they are not on agreeing terms, it can involve divorce attorneys. Most divorces are far more expensive than just a few hundred dollars. • Having Minor Children: Filing for divorce while they are minors involved can make it more lengthy and costly. What this really means is that attorneys need to be involved in order to complete the divorce process. The average cost of a divorce according to Utah divorce law is in Utah is $13,200, including around $10,000 in attorney fees. The average hourly rate for divorce attorneys in Utah is $250, it takes on average 53 hours total work time to start and complete a divorce. • Disputing over Alimony: Alimony is the financial legal obligation for a spouse in the event of a marriage separation or divorce. In the event of a divorce, sometimes there are disagreements over how much support one spouse is willing to provide. • Property Division problems: When a couple files for divorce, one major component of the divorce according to Utah divorce law is the division of property. Property can be one of the most disputed issues in any divorce. • Do-It-Yourself: Utah divorce law says that if both spouses are in full agreement to all of the terms of the divorce, then a Do-It-Yourself or DIY divorce can be an option that is much cheaper. In Utah, there are clinics that offer their DIY divorce for a price much lower than that of one that involves a divorce attorney. If a couple file for divorce and they do not have minor children, the total DIY divorce is somewhere between $1,000 and $2,000, and remember – there is the $350 +/- Utah divorce court filing fee. If a couple file for divorce with minor children, the DIY divorce can cost even more than that. Keep in minds that many who choose to undergo a divorce without professional legal help end up dealing with long-term unfortunate consequences down the road.

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How Long Does A Divorce Take In St. George, Utah?

Utah divorce law says that a divorce has a minimum 90 day mandatory waiting period; this is a time where the spouses should ‘cool off’ and helps many people make rational decisions because emotions won’t be so high. Once the 90 day waiting period is over, the divorce may be completed – it will take at least 90 days to complete

What Is An Uncontested Divorce?

An uncontested divorce means that all of the aspects of your divorce have been agreed upon between you and your spouse. If you and your spouse can discuss and reach an agreement as to all the terms that you would like incorporated in your Decree of Divorce (and Parenting Plan if there are minor children), you can save your family thousands of dollars, and spare your family months if not years of litigation.

How Do I Obtain An Uncontested Divorce?

After meeting with you and collecting the necessary information, Lawyer prepares a Stipulation, that will contain all the necessary provisions that you and your spouse have agreed to, as well as all the provisions required by Utah law. After the Stipulation is signed by both parties, Lawyer will prepare all the additional documents necessary to obtain your Decree of

Divorce from the court.

Why Do I Need An Attorney If My Spouse And I Have Reached An Agreement On Our Own?

Even if you and your spouse have reached your own agreement, and/or utilized the court’s online assistance program, you should meet with an attorney to ensure that you have included all the necessary provisions in your divorce decree. Unlike most civil cases, divorce proceedings never really close. A decree of divorce can be modified if there is a substantial change of circumstances, or reopened if the parties neglect to include a necessary provision. Modifications can be extremely costly and time consuming. You want to get it right the first time. Additionally, if you have minor children you may need to include a Parenting Plan which you will have to live with, and abide by, until your youngest child reaches the age of majority. You owe it to yourself and your family to meet with an attorney to make sure you has addressed not only the issues you and your spouse are currently facing, but also the issues and contingencies that you may be faced with in the future.

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What If My Divorce Becomes Contested?

Unfortunately, many couples cannot reach an agreement or stipulation on their own. If you and your spouse cannot reach an agreement, A Lawyer can represent you at our hourly rates. The majority of contested divorces eventually resolve through settlement, and very few end in trial. Utah Law dictates that before a court will hold a trial in a divorce proceeding, the parties must attempt to resolve the matter through mediation. Do-It-Yourself Divorce (DIY Divorce) Doing your own divorce through Utah Legal Clinic is easy and economical. The process will save you substantial money and allows you to end a marriage with minimum involvement by lawyers and the legal system. To qualify for a Do-It-Yourself Divorce, your divorce must be completely uncontested. This means you and your spouse must be in full agreement as to all terms. Many times, Utah Legal Clinic can determine quickly over the phone if you qualify for the Do-It-Yourself Divorce service. In most cases, no court hearing is required for uncontested divorces.

The Difference Between a Divorce and an Annulment

There are two options for legally leaving a marriage: divorce and annulment, and there are several similarities and differences between the two. Legally, some of the biggest differences include the type of evidence that is required to obtain an annulment vs. a divorce and the obligations to and from the former spouse with each ruling. Many religions define divorce and annulment as well, and the legal ruling does not necessarily have to align with the religious designation. The biggest difference between a divorce and an annulment is that a divorce ends a legally valid marriage, while an annulment formally declares a marriage to have been legally invalid.

Divorce: A legal dissolving, termination, and ending of a legally valid marriage. A divorce ends a legal marriage and declares the spouses to be single again. No-fault divorces, in which neither party is required to prove fault on the part of their spouse, is legal in every state, though some require that the couple live apart for a period of time before either can file. “Irreconcilable differences” is often cited as grounds for a no-fault divorce. Common grounds cited for fault divorces can include things like adultery, imprisonment, or abandonment. Regardless of type, the divorcing couples may still have disputes about property, finances, child custody, and more that must be settled through court orders. Fault divorces can lead to larger settlements for the party without fault.

Annulment: A legal ruling that erases a marriage by declaring the marriage null and void and that the union was never legally valid. However, even if the marriage is erased, the marriage records remain on file. Note that a religious annulment is not a legal dissolution of a civil marriage. There are different reasons for pursuing a divorce versus an annulment. At the core, ending a marriage is generally because one or both spouses want to leave the union. A divorce, which is much more common, is sought when the parties acknowledge that the marriage existed. An annulment is sought when one or both of the spouses believe that there was something legally invalid about the marriage in the first place. An annulment ends a marriage that at least one of the parties believes should never have taken place. If the marriage took place despite unknown facts, such as a secret child, or even a secret illness, it may be voidable. An annulment can also end a marriage if the marriage was not legal to begin with. This might occur if issues such as bigamy or incest made the marriage illegal. The legal grounds for obtaining an annulment vary between states, but typically include reasons like the following: • One or both spouses were forced or tricked into the marriage. • One or both spouses were not able to make a decision to marry due to a mental disability, drugs, or alcohol. • One or both spouses were already married at the time of the marriage (bigamy). • One or both spouses were not of legal age to marry. • The marriage was incestuous. • Concealment of major issues such as drug abuse or a criminal history

Length of the Marriage

Often, people assume that a very brief marriage can be ended with an annulment due to the short duration. However, legal experts disagree. While many states will not grant an annulment after a certain length of time, there is not an automatic annulment granted to end a marriage because the couple wants to end it after a short period of time. The marriage still has to meet one or more of the conditions above in order for it to be annulled.

Legal Assistance

Both types of marriage dissolution can be fairly complicated from a legal standpoint, requiring costly and lengthy legal proceedings. And both start the same way, with one or both of the spouses formally asking the court for either a divorce or an annulment. Either a divorce or an annulment can also be simple and low-cost if both parties agree to end the union without too many disputes or disagreements about how to do so.

After a Divorce or Annulment

Among the differences between the two types of marriage dissolution: After an annulment, the marriage is considered to have never legally happened. It is as if the clock is turned back to before the marriage. After a divorce, the former spouses may still have obligations to each other, such as spousal support, joint childrearing, and division of shared property.

Finances After Divorce vs. Annulment

After a divorce, spouses are often entitled to a certain number of years of spousal support, alimony, or a portion of each others’ profits or property gained during the marriage. With an annulment, in contrast, the parties are not really considered to have been valid spouses and are not entitled to these same rights. Instead, they will revert to the financial state they were in prior to the marriage.

Religious Rules

Many religions have guidelines regarding divorce and annulment. Often, permission is granted by religious clergy or by written guidelines. Obtaining permission to have an annulment or a divorce from your religious leaders is usually a completely separate process from the legal process. The rules regarding divorce and annulment in your religion often determine whether one, both or neither of the partners has permission to marry again within the religion or in a religious ceremony or to participate in religious rituals. A court of law may consider your religious marital status but does not have to recognize the religious determinations when making rulings about spousal support, property disputes, or any other legal issues.

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Determining the Division of Property During a Divorce

Utah domestic courts focus on providing equality to both parties. When going through a divorce, certain assets will need to be split between both parties. Division of property in Utah can be complicated as each case is unique. Utah recognizes two types of property in a divorce case: separate property and marital property.

Separate Property

Separate property is defined as property belonging to one spouse. The property owned by the spouse is normally acquired before the marriage, or property left to that person through a will of a deceased loved one or acquaintance.

Marital Property

Marital property is deemed as property acquired during the marriage. Both parties may or may not be on the deed to the property together, however the property is normally paid for during the marriage. The courts will consider several factors when determining how to divide property including: • The amount and type of property to be divided • Source of the property • Health of both parties • Standard of living for both parties • Financial conditions of both parties • Needs of both parties • The earning capacities of both parties • Duration of the marriage • What both parties gave up in the marriage The division of property is related to the amount of alimony awarded. The court will consider all these factors as they make the ruling on which spouses get to keep different property. If there is a large discrepancy in the incomes of the two spouses, the court often sides with the lesser-earning party by awarding them with more marital assets.

Debt and Divorce

Marital debt is split during the divorce. Something that is not discussed is the role of the debtor in the new arrangement. Even if the debt is joined and your spouse agrees to pay for it, your credit can still be hurt if they fail to make payments. If your spouse incurred debt you were unaware of, you can be legally responsible for this debt as it is deemed joint debt. To protect you financially, Lawyer focus on full disclosure during settlement negotiations by requiring both parties to list all debtors, account numbers, and current amount of debt.

St. George Utah Divorce Lawyer

When you need a divorce in St. George Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

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Ascent Law St. George Utah Office

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coming-from-hell · 4 years ago

Text

Divorce St. George

Divorce happens after a married couple does not want to be legally married and/or living together anymore; it is legally dissolving a marriage.

How Much Does A Divorce Cost In St. George, Utah?

There is a lot that goes into the divorce process. Filing for divorce costs alot in Utah, however, there is a lot more to a divorce than just a small fee.

youtube

How Long Does A Divorce Take In St. George, Utah?

What Is An Uncontested Divorce?

How Do I Obtain An Uncontested Divorce?

Divorce from the court.

Why Do I Need An Attorney If My Spouse And I Have Reached An Agreement On Our Own?

youtube

What If My Divorce Becomes Contested?

The Difference Between a Divorce and an Annulment

Length of the Marriage

Legal Assistance

After a Divorce or Annulment

Finances After Divorce vs. Annulment

Religious Rules

youtube

Determining the Division of Property During a Divorce

Separate Property

Marital Property

Debt and Divorce

St. George Utah Divorce Lawyer

When you need a divorce in St. George Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

Utah Criminall Code 76-5-102.6

Restaurant Law In Utah

Corporate Lawyer Herriman Utah

Wrongful Death Cases

Cybersquatting Lawyer

Utah Code 57-1-2-

Ascent Law St. George Utah Office

Ascent Law Ogden Utah Office

The post Divorce St. George first appeared on Michael Anderson.

Source: https://www.ascentlawfirm.com/divorce-st-george/

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divorcelawyergunnisonutah · 4 years ago

Text

Divorce St. George

Divorce happens after a married couple does not want to be legally married and/or living together anymore; it is legally dissolving a marriage.

How Much Does A Divorce Cost In St. George, Utah?

There is a lot that goes into the divorce process. Filing for divorce costs alot in Utah, however, there is a lot more to a divorce than just a small fee.

youtube

How Long Does A Divorce Take In St. George, Utah?

What Is An Uncontested Divorce?

How Do I Obtain An Uncontested Divorce?

Divorce from the court.

Why Do I Need An Attorney If My Spouse And I Have Reached An Agreement On Our Own?

youtube

What If My Divorce Becomes Contested?

The Difference Between a Divorce and an Annulment

Length of the Marriage

Legal Assistance

After a Divorce or Annulment

Finances After Divorce vs. Annulment

Religious Rules

youtube

Determining the Division of Property During a Divorce

Separate Property

Marital Property

Debt and Divorce

St. George Utah Divorce Lawyer

When you need a divorce in St. George Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

Utah Criminall Code 76-5-102.6

Restaurant Law In Utah

Corporate Lawyer Herriman Utah

Wrongful Death Cases

Cybersquatting Lawyer

Utah Code 57-1-2-

Ascent Law St. George Utah Office

Ascent Law Ogden Utah Office

The post Divorce St. George first appeared on Michael Anderson.

from Michael Anderson https://www.ascentlawfirm.com/divorce-st-george/

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melissawalker01 · 4 years ago

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DOPL Hearings

A professional license represents the culmination of years of perseverance and sacrifice. It carries with it not only the key to your livelihood but a new world of responsibilities. For many professions, these responsibilities are governed and enforced by the Utah Division of Occupational and Professional Licensing (DOPL). DOPL is a Utah state agency tasked with the licensing, investigation, and regulation of roughly 60 different professions within the state. From plumbers and dieticians to funeral directors and midwives, contractors, doctors, DOPL acts as gatekeeper and watchdog in an effort to preserve the legitimacy and integrity of dozens of professions. And these are, without a doubt, valuable functions, both to consumers and to professionals within these fields.

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But a DOPL inquiry represents a challenge not only to your competency and judgment but also to your very livelihood. At worst, your professional license could be revoked. But even a suspension or a public reprimand can have serious repercussions for your professional reputation. Once a complaint has been filed with DOPL, it goes through a preliminary review. That review results in one of three findings: I. no violation; II. violation, but beyond DOPL’s jurisdiction or authority; III. or violation within DOPL’s jurisdiction or authority. The first finding is, of course, the best outcome for a professional against whom a complaint has been made. When there is a finding of no violation, the file is closed and no public reporting of the matter occurs. The second finding generally does not end the matter. DOPL may pass the matter along to the appropriate authority to investigate, or DOPL may issue a letter of concern regarding the matter to the professional involved. A letter of concern will bring the issue to the professional’s attention, and it will give the professional a chance to respond. A letter of concern is not public, and it is not a disciplinary action. However, a letter of concern on file with DOPL may have an effect on DOPL’s determination on any future complaint. The third finding will trigger a more in-depth investigation by DOPL. At what point the professional is notified depends on the individual investigation. Depending on what the evidence shows, one of a few different types of hearings will be called. These are administrative hearings, as DOPL generally functions under the Utah Administrative Procedures Act.

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The hearings usually take the shape of a mini-trial. In every instance, the professional will have an opportunity to be heard, and to tell his or her side of the story. Navigating administrative procedures even the “informal” ones can be perilous. And your story and personality can get lost in the shuffle. If you’re facing disciplinary actions from DOPL, please contact a competent Lawyer. Informal Violations Are Resolved In One Of Three Ways: • Administrative Citations: A citation is the imposition of a cease and desist order in response to the unlawful or unprofessional conduct. Examples of citable offenses are practicing without a license, exceeding the scope of a license and hiring someone who is requires to be licensed that is unlicensed. • Stipulated Agreement: A stipulated agreement is a written settlement accepted by all applicable parties with regard to the involved individual’s license. It may also result in the voluntary surrender of an individual’s license. • Informal Adjudicated Proceedings: Is a case that is initiated by notice of agency action and decided or resolved by a file review as opposed to a hearing.

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Formal Violations Are Resolved As Follows

• Stipulation Agreements: Same as informal stipulated agreements. • Formal Adjudicative Proceedings: Is a proceeding initiated by a notice of agency action with a Petition and decided or resolved through a formal administrative hearing. This is similar in some ways to a civil court. Each party may present evidence in response to the case. An administrative law judge rules on all evidence, procedures and legal issues. DOPL is represented by an Assistant Attorney General and the involved individual may be represented by personal legal counsel. At the conclusion of the hearing, the Board considers the evidence and makes a recommendation regarding the status of the individual’s license. The recommendation is submitted to the director of DOPL who may accept the entire recommendation or may issue a modified supplemental order. Recent items that have been brought before the Board for consideration are: • Tele-dentistry • Advertising • Anesthetic and Sedation Rules Update • Administration of Botulinum Toxin and Dermal Fillers by dentists.

Pre-litigation Hearings in Medical Malpractice

• In Utah, medical malpractice tort reform began in earnest in 1976. Over the intervening years, the reforms have multiplied. New layers of limitations and procedural complexity have developed, seemingly by accretion. Almost nothing has been discarded. The result is a web of time-consuming requirements that a prospective claimant must successfully negotiate before ever filing a lawsuit. If you represent the petitioner, the goal of this process is to obtain a certificate of compliance. The certificate is a prerequisite to filing a complaint in all cases except those against dentists. • The First Step Petitioner serves a notice of intent to commence litigation on the care providers. Within 60 days, the petitioner must file a request for prelitigation review with the Utah Division of Occupational and Professional Licensing (DOPL) with a copy of the notice attached. • The notice must be served as a complaint or sent by certified mail. Claims against dentists, but not the dentists’ clinic and staff, require only a notice. Dentists are exempt from the prelitigation hearing requirements.

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• If the notice is filed less than 90 days before the statute of limitations would expire, the new limitations period is 120 days from the date of service. • Filing the request tolls the statute of limitations until dismissal of the prelitigation proceeding; 60 days from issuance of the panel’s opinion or issuance of a certificate of compliance; or the expiration of time for holding a hearing. • Setting a Hearing After filing the request, DOPL either issues an approval or a denial. If denied, the statute of limitations will no longer be tolled and the time will run until petitioner files a new request for prelitigation review. • Dismissal does not affect the new 120-day time limit if you served the notice within 90 days of expiration of the statute of limitations. The request must be filed with DOPL within 60 days of serving the notice or a new notice and request will need to be served and filed. If the request is approved, respondent files a notice of appearance of counsel within 15 days. The respondent may also request a specific specialty to sit on the panel. • The petitioner will then contact the respondent to establish two mutually-acceptable dates for a prelitigation hearing. Petitioner files a notice of availability for hearing and type of health care provider panelists requested. The dates must be at least 45 days after filing the notice of availability. If you fail to timely file, DOPL can dismiss your request though DOPL may grant an extension on request. • If a notice of availability cannot be agreed to, petitioner files an affidavit of respondent’s failure to reasonably cooperate in scheduling hearing. This must be filed within 180 days of the request and must state that the prelitigation hearing could not be held within 180 days of request. • If DOPL determines that respondent failed to cooperate and that petitioner cooperated, they will issue a certificate of compliance. If DOPL determines that respondent cooperated or that petitioner failed to cooperate, petitioner must file affidavits of merit within 30 days of this determination in order to obtain the certificate. • If the agreed dates are acceptable to DOPL, they will issue a notice of prelitigation hearing and panel composition. Parties have five days to object to the composition of the panel. • If at any time the parties stipulate that the hearing will serve no useful purpose, DOPL will cancel the hearing and issue a certificate of compliance. • If there is a scheduling conflict, the parties have five days after discovery and two days prior to the hearing to file for a continuance. It will only be granted in extraordinary circumstances. If the continuance is granted, the requesting party must establish two mutually-agreeable dates for rescheduling. They must be no later than five days after the order of continuance and the hearing must occur within 180 days of the request. • If the petitioner is the requesting party and a rehearing is not timely filed, DOPL will dismiss the request without prejudice. If the respondent is the requesting party and a rehearing is not timely filed, DOPL will establish a new date that is acceptable to the petitioner and disallow continuances from the respondent. • The Hearing Counsel for petitioner and respondent should arrange to attend the hearing with their clients. Prelitigation hearings are informal and nonbinding. There is no transcript made. There is no cross examination; however, the panel members may ask questions. The hearings are confidential. • Each party will have 15-20 minutes to make a presentation to the hearing panel. Each party may submit evidence by proffer. Attorneys have a wide variety of approaches. Most submit a selection of relevant records and explain their view of the case in the context of the records. They may choose to use medical imaging or diagrams or attach medical literature. Respondent physicians will often explain the care they provided. Some attorneys submit expert affidavits at the hearing. The petitioner may offer a brief rebuttal. • Following the hearing, the panel deliberates and decides whether there was a breach in the standard of care; and whether the breach in the standard of care harmed the petitioner. The panel issues its opinion within 30 days of the hearing. If the answer is affirmative to both questions, the opinion is meritorious and DOPL issues a certificate of compliance. If the answer to either question is negative, the opinion is non-meritorious. If non-meritorious, the petitioner must file affidavits of merit within 60 days of issuance of the panel opinion. Within that time, the petitioner may seek a 60-day extension to file the affidavits by submitting an affidavit for extension. • Affidavits of Merit There must be one from counsel and one or more from appropriate health care provider(s) that address the issue(s) that the panel found to be non-meritorious. • The health care provider affidavit regarding standard of care must be from a care provider with the same licensure as the respondent. If one respondent is a physician, there need be only one physician affidavit as to all respondents if the physician offers an opinion as to each respondent. • If the panel found no breach of the standard of care, the health care provider affidavit(s) must include an opinion that there was a breach and that the breach caused the harm complained of in the notice. • If the panel found a breach in the standard of care but no causation, the affidavit only needs to address causation. • After the affidavits are filed, DOPL issues a certificate of compliance.

Professional License Defense Process

A professional license investigation is generally initiated by Utah Division of Occupational and Professional Licensing (DOPL) after a complaint has been filed. Understanding the professional license defense process can help not only provide a sense of understanding during a difficult period, but also help you avoid pitfalls that may limit your defenses.

How Arrests & Convictions Affect Professional Licenses in Utah

If you’re a licensed professional in Utah like a doctor, teacher, Dentist, Contractor, or real estate broker your livelihood may be in jeopardy for sustaining certain kinds of criminal convictions. Authorities across the state are reviewing court records, running fingerprint checks and investigating complaints. Professionals without clean records face license revocation or suspension. The good news is that professionals have vested interests in their licenses. The board, department or commission that regulates you can’t just take away your license without giving you a chance for a hearing.

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Can I Lose My License Because Of A Conviction?

Maybe you caught a few DUI’s or engaged in an out-of-character shoplifting spree. Maybe you did something really stupid involving weapons or narcotics. Maybe you made a mistake and now have things under control. When it comes to professionals and criminal convictions in Utah, however, even if you’ve turned things around, fulfilled your probation terms, gotten your case dismissed, etc., past convictions can continue to haunt you. If you were convicted of a crime that your regulatory board or department considers substantially related to your fitness to do your job, it may be able to revoke or suspend your professional license. In fact, you might be reading this because you’ve already received an accusation notifying you of conviction-related discipline. If you don’t hold a license but have applied for one, you might have received a statement of issues.

Can I Have A Hearing On My Discipline Case?

The hearings are governed by the Administrative Agency Law and the General Rules of Administrative Practice and Procedure. Unlike civil litigation in the courts, there is very little discovery in the administrative law setting. The prosecution will generally supply copies of documents it intends to introduce at the hearing. It is important that the attorney knows which additional documents to request so that he or she can properly defend the case. In certain situations where the prosecutor will not turn over evidence, the attorney must request a prehearing conference with the hearing officer to obtain the documents. Additionally, the hearing examiner has the authority to issue subpoenas to various third parties to either attend the proceedings or produce relevant documents. It is important that the attorney be familiar with the administrative law process to properly defend the professional.

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